Patricia June O'Shane (born 19 June 1941) is a retired Australian teacher,

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

, public servant, jurist, and Aboriginal activist. She was Australia's first Aboriginal

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...

, serving the Local Court in

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, 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 Mossman is a rural town and locality in the Shire of Douglas, Queensland, Australia. It is the administrative centre for the Douglas Shire Council In the , the locality of Mossman had a population of 1,937 people. Geography Mossman in Far N ...

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 Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...

of the Kunjandji clan of the

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 Yaland ...

people. O'Shane's mother moved the family from Mossman to

Cairns Cairns (, ) is a city in Queensland, Australia, on the tropical north east coast of Far North Queensland. The population in June 2019 was 153,952, having grown on average 1.02% annually over the preceding five years. The city is the 5th-most-p ...

to enable her children to receive a good education. O'Shane ended up the only Aboriginal Australian child in her age group graduating from her high school, gained a

scholarship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need. Scholarsh ...

and studied at Teachers' College and the

University of Queensland , mottoeng = By means of knowledge and hard work , established = , endowment = A$224.3 million , budget = A$2.1 billion , type = Public research university , chancellor = Peter Varghese , vice_chancellor = Deborah Terry , city = B ...

, before teaching at Cairns High School for eight years. When her mother died O'Shane went into a deep depression and was hospitalised. On an Aboriginal Study Grant, O'Shane studied law at the

University of New South Wales The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensive ...

, graduated in 1976, and was admitted to the

New South Wales bar The New South Wales Bar Association is a professional body of lawyers responsible for the regulation of the legal profession in the state of New South Wales, Australia. The body administers the bar examination in accordance with the Legal Prof ...

Career

O'Shane began practicing law as a barrister with the

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 a ...

in Sydney and then in

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 i ...

. O'Shane was head of the New South Wales Ministry of Aboriginal Affairs from 1981 to 1986, before her appointment as a magistrate. She was the

Chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...

of the University of New England between 1994 and 2003. O'Shane was

elected Elected may refer to: * "Elected" (song), by Alice Cooper, 1973 * ''Elected'' (EP), by Ayreon, 2008 *The Elected, an American indie rock band See also *Election An election is a formal group decision-making process by which a population ...

to the

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 rep ...

, which considered the issue of Australia becoming a republic. She advocated strongly for an Australian republic. In her opening address, she expressed a want for modification based on what she perceived as historical injustice and inadequacies within the

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 ...

: A study in 2012 by Michael Eburn and Ruth Townsend of the

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 ...

College of Law examined 56

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

appeals of cases heard before O'Shane between 1999 and 2012. Of the 56 appeals, 35 (62.5%) were upheld. Of the 16 criminal cases included, 14 appeals were upheld. Eburn and Townsend wrote: "The Supreme Court has found that O'Shane had got the law wrong in 14 out of the 16 criminal cases ... In one case she dismissed a charge even though the accused had entered a plea of guilty." Supreme Court judges criticised O'Shane for "denying the prosecution

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 conc ...

," and "failure to comprehend the basis of the prosecution case or the evidence before her, use of intemperate language and making numerous errors of law." Eburn and Townsend compared the records of two other magistrates with similar experience and found only eight and nine appeals against them respectively. They called for O'Shane's resignation. In 2013 O'Shane was awarded a

Deadly Award The Deadly Awards, commonly known simply as The Deadlys, was an annual celebration of Australian Aboriginal and Torres Strait Islander achievement in music, sport, entertainment and community. The event was held from 1995 to 2013. Description T ...

for lifetime achievement in leadership, being praised as a woman who "blazed a path for others to follow . . . she is a genuine and inspiring role model for others". Along with fellow Deadly 2013 winner

Archie Roach Archibald William Roach (8 January 1956 – 30 July 2022) was an Australian singer, songwriter and Aboriginal Australian, Aboriginal activist. Often referred to as "Uncle Archie", Roach was a Gunditjmara and Western Bundjalung people, Bundjalu ...

, she used the win to call for an end to the Northern Territory Intervention. O'Shane retired as a magistrate in January 2013, taking

long service leave In Australia, long service leave (LSL) is a period of additional paid leave granted to employees who have completed an extended period of service with an employer. Under Australian law, most employees are entitled to long service leave if they wo ...

until she reached compulsory retirement age in mid-June. O'Shane ran in the electorate of

Leichhardt Leichhardt may refer to: * Division of Leichhardt, electoral District for the Australian House of Representatives * Leichhardt Highway, a highway of Queensland, Australia * Leichhardt Way, an Australian road route * Leichhardt, New South Wales, inn ...

in North Queensland in the

2022 Australian Federal Election The 2022 Australian federal election was held on Saturday 21 May 2022 to elect members of the 47th Parliament of Australia. The incumbent Liberal/National Coalition government, led by Prime Minister Scott Morrison, sought to win a fourth conse ...

as a candidate for Socialist Alliance.

Awards and honours

*1984:

Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gove ...

, for public service in the field of Aboriginal welfare *2001:

Centenary Medal The Centenary Medal is an award which was created by the Australian Government in 2001. It was established to commemorate the centenary of the Federation of Australia and to recognise "people who made a contribution to Australian society or go ...

, for service to Australian society and higher education *1998: Voted one of Australia's living treasures by the

National Trust The National Trust, formally the National Trust for Places of Historic Interest or Natural Beauty, is a charity and membership organisation for heritage conservation in England, Wales and Northern Ireland. In Scotland, there is a separate and ...

*2013:

Deadly Awards 2013 The 2013 Deadly Awards were hosted by Luke Carroll and Karla Grant at the Sydney Opera House on 10 September 2013. The Awards program was broadcast nationally on SBS One on 14 September 2013.Marcia Langton Marcia Lynne Langton (born 1951) is an Australian academic. she is the Redmond Barry Distinguished Professor at the Melbourne School of Population and Global Health, University of Melbourne. Regarded as one of Australia's top intellectuals, L ...

Award For Lifetime Achievement in LeadershipAboriginal magistrate Pat O'Shane, Archie Roach honoured at Deadly Awards
''ABC News'', 11 September 2013. *2021:

NAIDOC Awards The NAIDOC Awards are annual Australian awards conferred on Australian Aboriginal and Torres Strait Islander individuals during the national celebration of the history, culture and achievements of Australian Aboriginal and Torres Strait Islander ...

, Lifetime Achievement Award

References

External links

Fighting for justice
* * * * * * {{DEFAULTSORT:Oshane, Pat 1941 births Living people Australian magistrates Australian women judges Australian public servants Australian republicans Members of the Order of Australia Recipients of the Centenary Medal People from Far North Queensland University of New South Wales Law School alumni Delegates to the Australian Constitutional Convention 1998 Chancellors of the University of New England (Australia) University of Queensland alumni Australian indigenous rights activists Women human rights activists Australian people of Irish descent 20th-century Australian women