Indigenous Law Centre
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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 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-intensiv ...
. It develops and coordinates research, teaching and information services in the multi-disciplinary area of
Indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
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 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 ...
(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 Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or law commissions, ...
advocacy, so they carried on contacting the UNSW Faculty of Law members for advice on legal issues such as land rights claims, environmental law 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,
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, Austr ...
and Neil Rees – established a "back-up centre" or legal research centre that could assist the frontline ALS as well as and
Aboriginal Land Council Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians ...
s. 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 ''Koowarta v Bjelke-Petersen'',. was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the ''Racial Discrimination Act 1975'', and the discriminatory acts of t ...
(1982),
Mabo v Queensland (No 2) ''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first reco ...
(1992), and international indigenous rights advocacy such as the
United Nations Declaration on the Rights of Indigenous Peoples The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including th ...
(UNDRIP).


21st century

Since 2010 much work has been focussed on the development of reform of the Constitution of Australia. In recent years, the ILC has been assisting with the reforms proposed by the ''
Uluru Statement from the Heart 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 ...
'', 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 t ...
to coordinate and facilitate the making of agreements and a
truth-telling A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state act ...
process. The Balnaves Chair in Constitutional Law was established by the Balnaves Foundation in 2020, to allow Professor Megan Davis to continue the work of the ''Uluru Statement from the Heart''. The chair was named in honour of Alexandra Balnaves, daughter of
Neil Balnaves 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 scr ...
, 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) * Constitutional reform and Indigenous peoples of Australia * Indigenous land reform (land tenure reform, covering
land rights Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use a ...
and native title in Australia) * Remote Indigenous housing and
home ownership Owner-occupancy or home-ownership is a form of housing tenure in which a person, called the owner-occupier, owner-occupant, or home owner, owns the home in which they live. The home can be a house, such as a single-family house, an apartment, c ...
* Legal regulation of alcohol consumption in the
Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Aust ...
* 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 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'' 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 The Center for World Indigenous Studies (CWIS) is an independent, Nonprofit 501(c)3 founded in 1979 by Rudolph C. Ryser, PhD (Oneida/Cree) and Chief George Manuel (Secwepemc). CWIS is a global community of Indigenous Studies activists and scholars  ...
* Native American studies *
Society for the Study of the Indigenous Languages of the Americas The Society for the Study of the Indigenous Languages of the Americas (SSILA) is an international organization founded in 1981 devoted to the study of the indigenous languages of North, Central, and South America. SSILA has an annual winter meeti ...


Journals on related topics

*'' AlterNative: An International Journal of Indigenous Peoples'' *'' American Indian Quarterly'' *''
Journal of Aboriginal Health The National Aboriginal Health Organization (NAHO) (french: Organisation nationale de la santé autochtone (ONSA), link=no, iu, ᑲᓇᑕᒥ ᓄᓇᖃᖅᑳᖅᓯᒪᔪᓄᑦ ᐋᓐᓂᐊᕐᓇᖕᒋᓐᓂᓕᕆᓂᕐᒧᑦ ᑲᑐᔾᔨᕐᑲᑎ ...
'' *''
Journal of Indigenous Studies The ''Journal of Indigenous Studies'' (French: ''La Revue des Études Indigènes'') was a multilingual, biannual, peer-reviewed academic journal. It was established in 1989 and was sponsored by the Gabriel Dumont Institute, a Métis-directed educ ...
'' *''
Oceania Oceania (, , ) is a geographical region that includes Australasia, Melanesia, Micronesia, and Polynesia. Spanning the Eastern and Western hemispheres, Oceania is estimated to have a land area of and a population of around 44.5 million ...
''


References


Further reading

*


External links

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