Pat O'Shane
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Pat O'Shane
Patricia June O'Shane (born 19 June 1941) is a retired Australian teacher, barrister, public servant, jurist, and Aboriginal activist. She was Australia's first Aboriginal magistrate, serving the Local Court in Sydney, New South Wales, Australia between 1986 until her retirement in 2013. O'Shane was the first female Aboriginal teacher in Queensland; the first Aboriginal to earn a law degree; the first Aboriginal barrister; and the first woman and Aboriginal person to be the head of a government department in Australia, the New South Wales Ministry of Aboriginal Affairs. Early life and education O'Shane was born in Mossman, Queensland on 19 June 1941 to Gladys, an Aboriginal woman, and her husband Patrick 'Tiger' O'Shane, an Irish boxer and unionist. She is an Aboriginal Australian of the Kunjandji clan of the Kuku Yalanji people. O'Shane's mother moved the family from Mossman to Cairns to enable her children to receive a good education. O'Shane ended up the only Aboriginal A ...
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Kuku Yalanji
The Kuku Yalanji, also known as Gugu-Yalanji, Kuku Yalandji or Kokojelandji, are an Aboriginal Australian people originating from the rainforest regions of Far North Queensland. Language The traditional language of the people is Guugu Yalandji. It has been comprehensively studied, with a dictionary produced by Hank and Ruth Hershberger and a grammar by Elizabeth Patz. Country The Kuku Yalanji, according to Norman Tindale, held roughly of territory around the headwaters of the Palmer River. Their land ran east from Palmerville station to Mount Lukin, and stretched over the southern and western areas of the Dividing Range as far as the upper Mitchell River. The eastern limits lay around east to Byerstown, and they were present at Maytown. History of contact One of the oldest living cultures, dating back to the earliest human occupation of the continent around 50,000 years ago, the Kuku Yalanji began to have their homeland occupied extensively by European colonisers in 1877 ...
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Error Of Law
Errors of various types may occur in legal proceedings and may or may not constitute grounds for appeal. Types of error * Harmless error is one considered not to have affected the trial's outcome and is thus not grounds for appeal. Harmless error is distinguished from "plain error" in that if error is "preserved" by the making of a timely objection, the burden of proof is on the respondent to show that the error was harmless, but if error was not preserved, the burden of proof is on the appellant to show that the error was plain. * Invited error is error brought about by a party's own conduct during a trial, and does not give grounds for appeal. * Reversible error is one that can lead to a judgment being overturned on appeal. See also * Actual innocence * Fundamental error * Miscarriage of justice * Mistake of law Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity t ...
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Procedural Fairness
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ...
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Supreme Court Of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New So ...
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Australian National University
The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and institutes. ANU is regarded as one of the world's leading universities, and is ranked as the number one university in Australia and the Southern Hemisphere by the 2022 QS World University Rankings and second in Australia in the ''Times Higher Education'' rankings. Compared to other universities in the world, it is ranked 27th by the 2022 QS World University Rankings, and equal 54th by the 2022 ''Times Higher Education''. In 2021, ANU is ranked 20th (1st in Australia) by the Global Employability University Ranking and Survey (GEURS). Established in 1946, ANU is the only university to have been created by the Parliament of Australia. It traces its origins to Canberra University College, which was established in 1929 and was integrated into ...
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Old Parliament House, Canberra
Old Parliament House, formerly known as the Provisional Parliament House, was the seat of the Parliament of Australia from 1927 to 1988. The building began operation on 9 May 1927 after Parliament's relocation from Melbourne to the new capital, Canberra. In 1988, the Commonwealth Parliament transferred to the new Parliament House on Capital Hill. It also serves as a venue for temporary exhibitions, lectures and concerts. On 2 May 2008 it was made an Executive Agency of the Department of the Prime Minister and Cabinet. On 9 May 2009, the Executive Agency was renamed the Museum of Australian Democracy at Old Parliament House, reporting to the Special Minister of State. Designed by John Smith Murdoch and a team of assistants from the Department of Works and Railways, the building was intended to be neither temporary nor permanent—only to be a "provisional" building that would serve the needs of Parliament for a maximum of 50 years. The design extended from the building its ...
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Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898, through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status ...
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Australian Constitutional Convention 1998
The 1998 Australian Constitutional Convention was a Constitutional Convention which gathered at Old Parliament House, Canberra from 2 to 13 February 1998. It was called by the Howard Government to discuss whether Australia should become a republic. The convention concluded with "in principle support" for an Australian republic (with a dissenting minority voting for a continuation of the Australian constitutional monarchy) and proposed a model involving appointment of the head of state by Parliament.Vizard, Steve, ''Two Weeks in Lilliput: Bear Baiting and Backbiting At the Constitutional Convention'' (Penguin, 1998, ) The model was put to a referendum in November 1999 and rejected by the Australian electorate. Background Australia remains a constitutional monarchy under the Australian Constitution adopted in 1901, with the duties of the head of state performed by a Governor-General selected by the Australian Prime Minister. Australian republicanism has persisted since col ...
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The Sydney Morning Herald
''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper in Australia and "the most widely-read masthead in the country." The newspaper is published in compact print form from Monday to Saturday as ''The Sydney Morning Herald'' and on Sunday as its sister newspaper, '' The Sun-Herald'' and digitally as an online site and app, seven days a week. It is considered a newspaper of record for Australia. The print edition of ''The Sydney Morning Herald'' is available for purchase from many retail outlets throughout the Sydney metropolitan area, most parts of regional New South Wales, the Australian Capital Territory and South East Queensland. Overview ''The Sydney Morning Herald'' publishes a variety of supplements, including the magazines ''Good Weekend'' (included in the Saturday edition of ''Th ...
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Central Australia
Central Australia, also sometimes referred to as the Red Centre, is an inexactly defined region associated with the geographic centre of Australia. In its narrowest sense it describes a region that is limited to the town of Alice Springs and its immediate surrounds including the MacDonnell Ranges. In its broadest use it can include almost any region in inland Australia that has remained relatively undeveloped, and in this sense is synonymous with the term Outback. Centralia is another term associated with the area, most commonly used by locals. As described by Charles Sturt in one of the earlier uses of the term "A veil hung over Central Australia that could neither be pierced or raised. Girt round about by deserts, it almost appeared as if Nature had intentionally closed it upon civilized man, that she might have one domain on the earth's wide field over which the savage might roam in freedom." In a modern, more formal sense it can refer to the administrative region used by ...
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Aboriginal Legal Service
The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians and Torres Strait Islanders and based in the inner-Sydney suburb of Redfern. It now has branches across NSW and ACT, with its head office in Castlereagh Street, Sydney and a branch office in Regent Street, Redfern. The service was Australia’s first free legal service, setting the model for community legal aid, community legal centres and Aboriginal services Australia-wide. History Gary Foley later wrote that the Aboriginal Legal Service had its roots in the Australian Black Power movement. This movement had emerged in Redfern, Sydney, Fitzroy, Melbourne, and South Brisbane, following the Freedom Ride led by Charles Perkins in 1965, and was amplified after media reporting on the talk on Black Power given by Caribbean activist Roose ...
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