Native Title as Displaced Mediator

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Stephen Young

This article considers how native title is a legal manifestation of settler colonialism that operates as a displaced mediator. Using native title cases from Australia and elsewhere, this article argues that native title displaces Indigenous laws, customs, and practices in constructing native title holders as ‘traditional’ to mediate their integration into the so-called ‘modern’ nation. Legal processes construct native title and then retroactively posit that these legal constructions pre-exist the Crown’s acquisition of sovereignty. This provides legal support for the Crown’s acquisition of sovereignty and Aboriginal and Torres Strait Islander peoples who assert native title claims become subjects who aver and reproduce the myth that the Crown acquired sovereignty over them. Native title displaces more unsettling, decolonising practices but produces the appearance of justice through the production of existential and material benefits for its subjects. Northern Territory v Griffiths (2019) 364 ALR 208 (‘Timber Creek’) demonstrates this.

2017 ◽  
Vol 24 (2) ◽  
pp. 282-292
Author(s):  
Susan Sheridan

AbstractNancy Cato (1917–2000) was born in Adelaide and lived there for the first half of her life. Moving to Noosa in 1967, she became known for environmental activism as well as her writing. Through research for her historical novels set in Tasmania and on the Murray River, as well as her travels in Central and Northern Australia, she developed a strong interest in Aboriginal and Torres Strait Islander peoples. She published poetry, stories, plays and journalism, as well as novels set in the Northern Territory, North Queensland, the Riverland and Tasmania. She had a painter's eye as well as a gift for lyrics and a lifelong interest in storytelling. With the emergence of eco-criticism, we can now see her diverse career as a writer as cohering around her love of the natural world and her curiosity about how human beings lived in it. This article considers her writing about her adopted country around Noosa.


2020 ◽  
Vol 7 (3) ◽  
pp. 367-373
Author(s):  
Madi Day

Abstract Indigenous queer and trans studies will be available as part of the Indigenous Studies major in the Bachelor of Arts program at Macquarie University beginning February 2020. Institutionalization of Indigenous queer and trans studies occurs in a context in which education and institutionalization have been tools of settler colonialism used against Aboriginal and Torres Strait Islander people. This article considers Aboriginal and Torres Strait Islander engagement with institutions in the discipline of Indigenous studies, and what this means for Indigenous queer and trans studies as it emerges in a tradition of Indigenist and decolonial thought.


2019 ◽  
Vol 43 ◽  
Author(s):  
Lisa McHugh ◽  
Michael J Binks ◽  
Yu Gao ◽  
Ross M Andrews ◽  
Robert S Ware ◽  
...  

Remote-living Aboriginal and Torres Strait Islander women experience a higher burden of influenza infection during pregnancy than any other Australian women. Despite recommendations of inactivated influenza vaccination (IIV) in pregnancy, uptake and safety data are scarce for this population. We examined uptake of IIV in pregnancy and report adverse birth outcomes amongst a predominantly unvaccinated group of remote-living Aboriginal and Torres Strait Islander women from the Northern Territory (NT), using data from the 1+1 Healthy Start to Life study. Data were deterministically linked with the NT Immunisation Register to ascertain IIV exposure in pregnant women during 2003–2006 and 2009–2011 inclusive. Overall, IIV uptake in pregnancy was 3% (n=20/697 pregnancies); 0% (0/414) pre-influenza A(H1N1)pdm09 and 7% (20/293) post-influenza A(H1N1)pdm09 (2009–2011). Vaccine uptake was poor in this cohort and it is unclear at what stage this policy failure occurred. Women with known comorbidities and/or high risk factors were not targeted for vaccination. Much larger study participant numbers are required to validate between group comparisons but there was no clinically nor statistically significant difference in median gestational ages (38 weeks for both groups), mean infant birthweights (3,001 g unvaccinated vs 3,175 g IIV vaccinated), nor birth outcomes between the few women who received IIV in pregnancy and those who did not. There were no stillbirths in women who received an IIV in pregnancy.


2020 ◽  
Vol 28 (5) ◽  
pp. 521-522
Author(s):  
Chris Rissel ◽  
Courtney Ryder ◽  
Annabelle Wilson ◽  
Barbara Richards ◽  
Madeleine Bower

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