Footnotes
Chapter 1 - Achieving constitutional recognition
[1]
The Hon John Anderson AO, Ms Tanya Hosch and Mr Richard Eccles, Final
Report of the Aboriginal and Torres Strait Islander Act of Recognition Review
Panel, 19 September 2014, p. 25.
[2]
Ibid, p. 26.
[3]
The Hon John Anderson AO, Ms Tanya Hosch and Mr Richard Eccles, Final
Report of the Aboriginal and Torres Strait Islander Act of Recognition Review
Panel, 19 September 2014, p. 7.
[4] Commonwealth of
Australia Constitution Act 1901, s 128.
[5]
George Williams, 'Recognising Indigenous Peoples in the Australian
Constitution: What the Constitution Should Say and How the Referendum Can be
Won', Land, Rights, Laws: Issues of Native Title, vol. 5, no. 1,
September 2011, p. 4.
[6]
Mr Shane Duffy, Chief Executive Officer, Aboriginal and Torres Strait
Islander Legal Services, Committee Hansard, 30 June 2014 pp 2, 6; Mr Ian
Brown, President, Queensland Law Society, Committee Hansard, 30 June
2014, p. 7; Ms Annette Kogolo, Vice-Chair, Mangkaja Arts Resource Agency, Committee
Hansard, 23 July 2014, p. 11; Dr Peter Lewis, Aboriginal and Torres Strait
Islander Peoples Rights Advocacy Lead, Oxfam Australia, Committee Hansard,
14 August 2014, p. 16; Ms Priscilla Collins, Chief Executive Officer,
Aboriginal Peak Organisations Northern Territory, Committee Hansard, 20
August 2014, p. 2; Ms Lee Jacobsen, President, Kalgoorlie-Boulder Chamber of
Commerce and Industry, Committee Hansard, 9 September 2014, p. 10; Ms
Tammy Solonec, Member, Aboriginal Lawyers Committee, Law Society of
Western Australia, Committee Hansard, 10 September 2014, p. 2;
Ms Dierdre Robertson, Co-Convenor, Shepparton Region Reconciliation
Group, Committee Hansard, 13 August 2014, p. 8; Mr Peter Quinlan
SC, President, Western Australian Bar Association, Committee Hansard, 10
September 2014, p. 8.
[7]
Mr Peter Quinlan SC, President, Western Australian Bar Association, Committee
Hansard, 10 September 2014, p. 7.
[8]
Joint Select Committee on Constitutional Recognition of Aboriginal and
Torres Strait Islander Peoples, Interim report, 15 July 2014, pp 27–29.
[9]
Recognising Aboriginal and Torres Strait Islander Peoples in the
Constitution: Report of the Expert Panel, January 2012, p. xviii.
[10]
Joint Select Committee on Constitutional Recognition of Aboriginal and
Torres Strait Islander Peoples, Interim report, 15 July 2014, p. 7.
[11]
The Commonwealth of Australia v Tasmania (1983) 158 CLR 1,
para. 77, (Brennan J).
[12]
Recognising Aboriginal and Torres Strait Islander Peoples in the
Constitution: Report of the Expert Panel, January 2012, p. 33.
[13]
Ibid, p. xiv.
[14]
(1998) 195 CLR 337.
[15]
See Recognising Aboriginal and Torres Strait Islander Peoples in the
Constitution: Report of the Expert Panel, p. 137; Geoffrey Lindell, 'The
Constitution Commission and Australia's first inhabitants: its views on
agreement making and a new power to legislate revisited', Australian
International Law Review vol. 15, no. 2, 2011, p. 36; Megan Davis,
'Constitutional reform and Aboriginal and Torres Strait Islander people: why do
we want it now?', Indigenous Law Bulletin, vol. 7, no. 25, 2011, p. 10.
[16]
Mr Mark Leibler AC, Senior Partner, Arnold Bloch Leibler, Committee
Hansard, 14 August 2014, p. 37.
[17]
Ibid, p. 38.
[18]
The Hon Delia Lawrie MLA, Leader of the Opposition, Northern Territory
Parliament, Committee Hansard, 20 August 2014, p. 29; Ms June Oscar AO,
Chief Executive Officer, Marninwarntikura Women's Resource Centre, Committee
Hansard, 23 July 2014, p. 8; Mr Peter Arndt, Executive Officer,
Brisbane Archdiocese Catholic Justice and Peace Commission, Committee
Hansard, 30 June 2014, p. 24; Mr Ian Trust, Chairman and Executive
Director, Wunan Foundation, Committee Hansard, 22 July 2014, p. 16;
Ms Priscilla Collins, Chief Executive Officer, Aboriginal Peak Organisations
Northern Territory, Committee Hansard, 20 August 2014, p. 2; Ms Olga
Havnen, Chief Executive Officer, Danila Dilba Health Service, Committee
Hansard, 20 August 2014, p. 20; Ms Tammy Solonec, Member,
Aboriginal Lawyers Committee, Law Society of Western Australia, Committee
Hansard, 10 September 2014, p. 2; Mr Nolan Hunter, Chief Executive
Officer, Kimberley Land Council, Committee Hansard, 21 July 2014, pp
1–2.
[19]
Recognising Aboriginal and Torres Strait Islander Peoples in the
Constitution: Report of the Expert Panel, January 2012, p. 153.
[20]
Anne Twomey, 'A revised proposal for indigenous constitutional recognition',
Sydney Law Review, vol. 36, no. 3, 2014, p. 394–395; United Nations
Committee on the Elimination of Racial Discrimination, General
Recommendation No 32: The Meaning and Scope of Special Measures in the
International Convention on the Elimination of All Forms of Racial
Discrimination, 75th session, United Nations Doc. CERD/C/GC/32, 24
September 2009.
[21] RECOGNISE
THIS is a youth-led movement to recognise Aboriginal and Torres Strait Islander
peoples in the Australian Constitution, a partnership between RECOGNISE, the
National Centre of Indigenous Excellence and YourExtraLife.
[22] RECOGNISE
THIS, Youth Report on Constitutional Recognition, Indigenous Youth
Engagement Council, 2013, p. 31.
[23] See, for
example, Reconciliation Victoria, Submission 35, p. 1; ANTaR, Submission
7, p. 6; Oxfam Australia, Submission 10, p. 5; Mr Ian Brown,
President, Queensland Law Society, Committee Hansard, 30 June 2014, p.
9; Mr Selwyn Button, CEO, Queensland Aboriginal and Islander Health Council,
Committee Hansard, 30 June 2014, p. 19; Mr Peter Arndt, Executive Officer,
Brisbane Archdiocese Catholic Justice and Peace Commission, Committee
Hansard, 30 June 2014, p. 24; Ms Dierdre Robertson, Co-Convenor, Shepparton
Region Reconciliation Group, 13 August 2014, p. 8; Mr Peter Quinlan SC,
President, Western Australian Bar Association, Committee Hansard, 21
July 2014, p. 10.
[24]
Recognising Aboriginal and Torres Strait Islander Peoples in the
Constitution: Report of the Expert Panel, January 2012, p. 172; Joint
Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander
Peoples, Interim report, 15 July 2014, p. 17.
[25]
Joint Select Committee on Constitutional Recognition of Aboriginal and
Torres Strait Islander Peoples, Interim report, 15 July 2014, p. 26.
[26]
Professor George Williams AO, Advice to the Joint Select Committee on
Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 29
September 2014, p. 2.
[27]
Ibid.
[28]
Dr Anne Twomey, Advice to the Joint Select Committee on Constitutional
Recognition of Aboriginal and Torres Strait Islander Peoples, 30 September
2014, pp 2–3.
[29]
Professor George Williams AO, Advice to the Joint Select Committee on
Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, 29
September 2014, p. 3.
[30]
Recognising Aboriginal and Torres Strait Islander Peoples in the
Constitution: Report of the Expert Panel, January 2012, p. 224.
[31]
Mr Damien Freeman and Mr Julian Leeser, Submission 29, p. 2.
[32]
Ibid.
Appendix 1 - Background
[1]
Hon Mr Christopher Pyne MP, Leader of the House, Minister for Education,
House of Representatives Hansard, 21 November 2013, p. 969.
[2]
Aboriginal and Torres Strait Islander Recognition Act 2013
(Commonwealth), preamble.
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