Balnaves Chair In Constitutional Law
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The Indigenous Law Centre (ILC), formerly the Aboriginal Law Research Unit and Aboriginal Law Centre, is part of the
Law Faculty A faculty is a division within a university or college comprising one subject area or a group of related subject areas, possibly also delimited by level (e.g. undergraduate). In American usage such divisions are generally referred to as colleges ...
at the University of New South Wales. It develops and coordinates research, teaching and information services in the multi-disciplinary area of Indigenous peoples and the law, and publishes two major journals: the ''Australian Indigenous Law Review'' (formerly ''Australian Indigenous Law Reporter'') and the ''Indigenous Law Bulletin'' (formerly ''Aboriginal Law Bulletin''). It is the only Indigenous law research centre in Australia.


History

In early 1970, when the first Aboriginal Legal Service (ALS) was established,
Hal Wootten John Halden Wootten QC (19 December 1922 – 27 July 2021) was an Australian lawyer and legal academic and the founder of the University of New South Wales Faculty of Law, of which he was the Foundation Chair and its inaugural Dean. Wootten se ...
, professor of law, was its first President. He operated the ALS from the UNSW Law School in its early years. When the Whitlam Government funded the ALS, staff found their time taken up with criminal representation, and had no time for law reform advocacy, so they carried on contacting the UNSW Faculty of Law members for advice on legal issues such as land rights claims,
environmental law Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the manage ...
and other legal matters. The Aboriginal Law Research Unit was established at UNSW on 23 April 1981. A small group of academics – Professor Garth Nettheim,
Richard Chisholm Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'str ...
, Pat O'Shane and Neil Rees – established a "back-up centre" or legal research centre that could assist the frontline ALS as well as and Aboriginal Land Councils. In 1986 the Aboriginal Law Research Unit became the Aboriginal Law Centre, and was later renamed Indigenous Law Centre. The ILC has worked with the Indigenous community and has been involved in High Court cases such as Koowarta v Bjelke-Petersen (1982), Mabo v Queensland (No 2) (1992), and international indigenous rights advocacy such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).


21st century

Since 2010 much work has been focussed on the development of reform of the
Constitution of Australia The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutio ...
. In recent years, the ILC has been assisting with the reforms proposed by the '' Uluru Statement from the Heart'', in particular a First Nations Voice to Parliament enshrined in the Constitution and a
Makarrata Commission The ''Uluru Statement from the Heart'' is a 2017 petition by Australian Aboriginal leaders to change the constitution of Australia to improve the representation of Indigenous Australians. The statement was released on 26 May 2017 by delegates ...
to coordinate and facilitate the making of agreements and a truth-telling process. The Balnaves Chair in Constitutional Law was established by the
Balnaves Foundation Neil Richard Balnaves (5 May 1944 – 21 February 2022) was an Australian media executive and arts philanthropist. His production companies were responsible for bringing '' Big Brother'' and ''Bananas in Pyjamas'' to Australian television scre ...
in 2020, to allow Professor
Megan Davis Megan Jane Davis is an Aboriginal Australian activist and international human rights lawyer. She was the first Indigenous Australian to sit on a United Nations body, and was Chair of the UN Permanent Forum on Indigenous Issues. Davis is Pro vice ...
to continue the work of the ''Uluru Statement from the Heart''. The chair was named in honour of Alexandra Balnaves, daughter of Neil Balnaves, who died in 2019. The foundation has had a long relationship with UNSW since its establishment in 2006, by 2020 having given almost A$5.5 million, which included allocations for Indigenous medical scholarships and for funding the UNSW Indigenous Law Centre. Davis a former Director of the Indigenous Law Centre, and also holds the office of Pro Vice-Chancellor, Indigenous.


Core research areas

, the ILC focuses on six core research areas: * ''Uluru Statement from the Heart'' * Violence against Indigenous women and children (including
sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
) * Constitutional reform and Indigenous peoples of Australia * Indigenous land reform (land tenure reform, covering land rights and
native title in Australia Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ...
) * Remote Indigenous housing and home ownership * Legal regulation of alcohol consumption in the Northern Territory * United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)


Publications

The Indigenous Legal Centre publishes two journals: * The ''Australian Indigenous Law Review'' (1996–) was known as the ''Australian Indigenous Law Reporter'' from 1996 to 2007. It is a
peer-reviewed Peer review is the evaluation of work by one or more people with similar competencies as the producers of the work (peers). It functions as a form of self-regulation by qualified members of a profession within the relevant field. Peer review ...
which publishes research on legal issues which affect Indigenous peoples both in Australia and around the world. * The ''Indigenous Law Bulletin'' (April 1981–) was formerly the ''Aboriginal Law Bulletin'', which was issued with the '' Legal Service Bulletin'' from 1981 to 1991 and with ''
Alternative Law Journal The ''Alternative Law Journal'' is a quarterly peer-reviewed law journal covering law reform. It is published by SAGE Publications on behalf of the Legal Service Bulletin Co-operative (Melbourne, Australia). The journal was established in 1974 ...
'' from 1992 to 1995, includes articles and commentary from people from diverse backgrounds on issues relating to Indigenous peoples and Australian law.


See also

* Center for World Indigenous Studies * Native American studies * Society for the Study of the Indigenous Languages of the Americas


Journals on related topics

*'' AlterNative: An International Journal of Indigenous Peoples'' *''
American Indian Quarterly The ''American Indian Quarterly'' is a quarterly peer-reviewed academic journal covering studies on the indigenous peoples of North and South America. It is published by the University of Nebraska Press and was established in 1974. The editor-in-c ...
'' *'' Journal of Aboriginal Health'' *'' Journal of Indigenous Studies'' *'' Oceania''


References


Further reading

*


External links

* {{University of New South Wales Law schools in Australia University of New South Wales