Sentences with phrase «northern territory law»

The Aboriginal and Torres Strait Islander Social Justice Commissioner has made a submission to the Northern Territory Law Reform Committee's inquiry into the recognition of Aboriginal customary law.

To access the Executive Summary of the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here.

The submission responds to the terms of reference and issues paper for Towards Mutual Benefit: An Inquiry into Aboriginal Customary Law in the Northern Territory being chaired by a sub-committee of the Northern Territory Law Reform Committee.

In accordance with the issues raised in this submission, the Social Justice Commissioner makes the following recommendations to the Northern Territory Law Reform Committee.

In HREOC's consultations, many people considered that the Northern Territory Law Reform Committee's Inquiry should be a first step in an ongoing process.

[67] Webb, R., «Is the Inter-tidal zone «land» or is it «sea» - and some native title issues» (2007), 1, Northern Territory Law Journal, 33, p47.

The federal government's acquisition of rights, titles and interests in land under Part 4 of the NTNER Act impacts upon, and is affected by, other federal and Northern Territory laws.

The following provisions should be repealed to ensure the operation of Northern Territory laws that protect against discrimination in Aboriginal communities affected by the intervention measures:

Not exact matches

«The relatively high proportion of Northern Territorians who've had a bet at 11.1 % does buck this trend, however its worth remembering that the Northern Territory has long been a home to many Australians sports and horse racing betting companies due to the favourable laws in the jurisdiction.

It is about the laws and policies of the two states that claim the territory of northern Cyprus and how they affect a person residing there who was born there and who has no intention of going to reside anywhere else.)

Northern Territory only exists through a piece of federal legislation, so at any time the federal government can shut us down or influence our laws.

Lorfing practices law on the Pacific island of Saipan, the largest of the Northern Mariana Islands and an unincorporated territory of the United States.

At that time, OHLS was not at York University in the northern portion of the Greater Toronto Area (the GTA), but instead in downtown Toronto — it was the law society's law school (the Law Society of Upper Canada (the LSUC), which, in the public interest of people finding it and its website, should change its name to the Law Society of Ontario, given that half the people in Toronto weren't born in Canada, and therefore are likely to think the LSUC is a law society for lawyers whose offices are north of the 60th parallel of latitude where Canada's territories area, rather than know that «Upper Canada» was Ontario's name when it was a British Colony, prior to Confederation in 186law society's law school (the Law Society of Upper Canada (the LSUC), which, in the public interest of people finding it and its website, should change its name to the Law Society of Ontario, given that half the people in Toronto weren't born in Canada, and therefore are likely to think the LSUC is a law society for lawyers whose offices are north of the 60th parallel of latitude where Canada's territories area, rather than know that «Upper Canada» was Ontario's name when it was a British Colony, prior to Confederation in 186law school (the Law Society of Upper Canada (the LSUC), which, in the public interest of people finding it and its website, should change its name to the Law Society of Ontario, given that half the people in Toronto weren't born in Canada, and therefore are likely to think the LSUC is a law society for lawyers whose offices are north of the 60th parallel of latitude where Canada's territories area, rather than know that «Upper Canada» was Ontario's name when it was a British Colony, prior to Confederation in 186Law Society of Upper Canada (the LSUC), which, in the public interest of people finding it and its website, should change its name to the Law Society of Ontario, given that half the people in Toronto weren't born in Canada, and therefore are likely to think the LSUC is a law society for lawyers whose offices are north of the 60th parallel of latitude where Canada's territories area, rather than know that «Upper Canada» was Ontario's name when it was a British Colony, prior to Confederation in 186Law Society of Ontario, given that half the people in Toronto weren't born in Canada, and therefore are likely to think the LSUC is a law society for lawyers whose offices are north of the 60th parallel of latitude where Canada's territories area, rather than know that «Upper Canada» was Ontario's name when it was a British Colony, prior to Confederation in 186law society for lawyers whose offices are north of the 60th parallel of latitude where Canada's territories area, rather than know that «Upper Canada» was Ontario's name when it was a British Colony, prior to Confederation in 1867).

Telstra's legal department has also provided pro bono legal advice for Aboriginal artists in the Northern Territory and Western Australia on trips organized by the Arts Law Centre.

The Western and northern regional law firm is inviting communities in Alberta and the Northwest Territories to nominate projects, particularly those focused on education, health care, at - risk youth, homelessness, women's organizations, sports, community and arts and culture.

From the Board's perspective, it is critical to ensure that the fundamental issues concerning the exclusion of the RDA, the right to procedural fairness including the right to seek external merits review, the exclusion of anti-discrimination laws in the Northern Territory and the deeming of measures as «special measures», are all matters that require immediate change.

[30] Justice Sackville noted, at Jango v Northern Territory (No 2)[2004] FCA 1004, para [33], that Federal Court authority supports the view that Section 79 of the Evidence Act 1995 (Cth) does not impose the «basis rule» that exists at common law — the «requirement that for an expert's opinion to be admissible, it must be based on facts stated by the expert and either proved by the expert or assumed by him or her and proved [from another source]».

It must build on the recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory, with a strong focus on keeping children out of prison with a view to developing national minimum benchmarks for laws and policies to underpin this National Plan of Action.

The report examines major developments in Aboriginal and Torres Strait Islander people over the past year — including the «deep cuts, confusion and anxiety» caused by the Indigenous Advancement Scheme, Western Australian plans to close remote communities, the Northern Territory's paperless arrest laws, and the Australian Government's response to the Forrest Review on Indigenous employment.

In the past year the Northern Territory has introduced paperless arrest laws, which fly in the face of the Royal Commission's recommendations.

In the alternative, the Commonwealth claimed that no property was acquired because the Land Trust's fee simple interest in the land was a mere statutory entitlement (created under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)(the ALRA)-RRB- and therefore it was defeasible and could be changed by another Commonwealth law.

Ahead of the hearing, the Human Rights Law Centre, Amnesty International and the National Aboriginal and Torres Strait Islander Legal Services called on the Federal and Northern Territory Governments to take immediate action to protect young people currently in detention and not wait for the Royal Commission's findings to ensure their safety.

Alongside this has been the refusal to overturn mandatory sentencing laws in the Northern Territory and Western Australia, and the hostile reaction to the expression of views by various United Nations human rights treaty committees under routine reporting mechanisms.

The Northern Territory's Attorney General said that the new paperless arrest laws make it simpler for police to «catch and release people».

Similar programs are underway in Cowra, in Katherine, in the Northern Territory — where the NT Law society is helping fund a project.

The mandatory detention laws in the Northern Territory and Western Australia do not allow for a right of appeal against the sentence, if the sentence should equate with the minimum permitted, and is therefore in breach of the ICCPR.

Nor could section 10 of the RDA be used to challenge the validity of any laws introduced by the Northern Territory Government under the auspices of the NTER legislation.

See further: L. Schetzer, op.cit., pp119 - 120; G. Zdenkowski, «Mandatory imprisonment of property offenders in the Northern Territory» (1999) 22 (1) University of New South Wales Law Journal 302 at pp302 - 303; R. Hogg, «Mandatory sentencing laws and the symbolic politics of law and order» (1999) 22 (1) University of New South Wales Law Journal 262; N. Morgan, «Capturing crims or capturing votLaw Journal 302 at pp302 - 303; R. Hogg, «Mandatory sentencing laws and the symbolic politics of law and order» (1999) 22 (1) University of New South Wales Law Journal 262; N. Morgan, «Capturing crims or capturing votlaw and order» (1999) 22 (1) University of New South Wales Law Journal 262; N. Morgan, «Capturing crims or capturing votLaw Journal 262; N. Morgan, «Capturing crims or capturing votes?

Under the NTNER Act the federal minister may, by legislative instrument, prevent any law or a provision of a law from applying in relation to the following land in the Northern Territory: 96

The NT intervention legislation also provides that the Minister for Indigenous Affairs can, by non-reviewable legislative instrument, declare that any Northern Territory or Queensland law related to discrimination continues to have effect in the communities.

The powers of the Assembly are greater with respect to its law making powers than the Northern Territory Assembly and in particular it has its own Immigration Act regulating entry to the Island.

Mandatory sentencing laws were enacted in Western Australia and the Northern Territory in 1996 and 1997 respectively, for juvenile and adult offenders.

And fittingly, as the end - date for laws introduced under the Northern Territory Emergency Response regime approaches in August 2012, I review the recent consultation process and urge the Government to listen to our Indigenous communities.

For example, as recommended in the accompanying submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner, there could be a provision in the Northern Territory Sentencing Act 1995 requiring magistrates to take account of Aboriginal customary law where relevant, and in accordance with human rights.

The courts of the Northern Territory when sentencing an Aboriginal offender properly take into account whether he or she has received tribal punishment and whether what he or she has done has been in accordance with Aboriginal customary law and in ignorance of the other laws of the Northern Territory.

[71] It has never been the case that the courts of the Northern Territory have given precedence to Aboriginal customary law when it conflicts with the written law of the Northern Territory.

Recommendation 1: That the Northern Territory Government acknowledge the importance of recognising, protecting and strengthening Aboriginal customary law in order to develop and maintain functional, self - determining Aboriginal communities across the Northern Territory.

A number of the United Nations human rights bodies including the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, [4] and the Committee Against Torture [5] have also highlighted their concern in respect of the mandatory sentencing laws in both Western Australia and the Northern Territory.

The Commonwealth Attorney - General, my ministerial colleague, has written to his counterparts in both Western Australia and the Northern Territory, asking them to review their laws, particularly as they impact upon young people... The Commonwealth is very conscious of looking for other ways through this issue, and we are seeking, from a committee of members of parliament, advice on further diversionary programs, and looking at the interpreter issue to see whether there are ways forward, progressively, to address these questions, which can help in alleviating some of the concerns about the mandatory sentencing question... [116]

These statements provide clear guidance on the aspirations of the Aboriginal peoples of the Northern Territory for constitutional entrenchment of Indigenous rights, including Aboriginal Customary Law.

Recommendation 1: That the Northern Territory Government acknowledge the importance of recognising, protecting and strengthening Aboriginal Customary Law in order to develop and maintain functional, self - determining Aboriginal communities across the Northern Territory.

99 Northern Territory Legislative Assembly Sessional Committee on Constitutional Development, «Recognition of Aboriginal Customary Law», August 1992, Discussion paper No. 4, p20.

This is due in part to the intervention of the formal legal system through removal from country, historical lack of recognition of traditional rights to country and non-recognition of customary law processes as an integral component of the operation of Aboriginal families and societies in the Northern Territory.

White, D., «Department of Foreign Affairs and Trade's Involvement with Indigenous People's Rights over the Sea» in Northern Territory University, Turning the Tide, Faculty of Law, Darwin, 1993, p65.

At the outset, the Social Justice Commissioner wishes to commend the Northern Territory Government for its statements that it is of the view that «in accordance with Australian and international law, Aboriginal Customary Law should be recognised consistent with universally recognised human rights and fundamental freedoms» and that it believes that «there is much value in supporting and sustaining Aboriginal Customary Law, and that the knowledge contained in Aboriginal Customary Law can be of mutual benefit to all citizens of the Northern Territory as well as its custodians» (law, Aboriginal Customary Law should be recognised consistent with universally recognised human rights and fundamental freedoms» and that it believes that «there is much value in supporting and sustaining Aboriginal Customary Law, and that the knowledge contained in Aboriginal Customary Law can be of mutual benefit to all citizens of the Northern Territory as well as its custodians» (Law should be recognised consistent with universally recognised human rights and fundamental freedoms» and that it believes that «there is much value in supporting and sustaining Aboriginal Customary Law, and that the knowledge contained in Aboriginal Customary Law can be of mutual benefit to all citizens of the Northern Territory as well as its custodians» (Law, and that the knowledge contained in Aboriginal Customary Law can be of mutual benefit to all citizens of the Northern Territory as well as its custodians» (Law can be of mutual benefit to all citizens of the Northern Territory as well as its custodians» (2).

The discriminatory impact of mandatory sentencing laws in the Northern Territory and Western Australia on Indigenous people (para 16); and

The Rapporteur asked further, in relation to mandatory detention laws in the Northern Territory and Western Australia:

The Government Bills reinstate the Queensland and Northern Territory anti-discrimination laws that are also currently suspended by the NTER legislation.

For example, the Social Justice Report 2001 made recommendations relating to the operation of juvenile diversionary schemes in the Northern Territory which included extending options for the operation of Aboriginal Customary Law as a diversionary mechanism.

One of the recommendations that the Social Justice Report 2001 made regarding juvenile diversionary schemes in the Northern Territory encouraged both the recognition of customary law and community participation in a review of program needs for young Indigenous people: