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The Court in Mabo, where Brennan J led majority, put an end to the notion of Terra Nullius, by which the British could claim that land in Australia was ripe for the picking because it belonged to no one, and opened the claims to land ownership to a much wider group including the traditional owners. The follow-up judgement in Wik took that understanding even further.
The children have been busy. On matters of environmental justice, Australia has witnessed much legal activity from youthful citizens who, despite in some cases not being old enough to vote, have stirred politics. In 2021, five lodged complaints with the United Nations over the failure of the Australian government to cut, in a meaningful way, greenhouse gas emissions by 2030.
Having previously spent time as lawyer working predominantly in the Children’s Court of Victoria, there isn’t too much about the State’s treatment of young people that shocks me. That is, until a few weeks ago when I was drawn to the final item of The Weekend Australian’s editorial column. Under the heading, ‘Hurt boy’s inhuman treatment’, was set out the details of a 15-year-old West Australian boy who had been ‘locked alone in a glass-walled observation cell of a juvenile detention centre in the southern suburbs of Perth for 79 days.’
Avoiding discomfort is a privilege only enjoyed by those who benefit from the status quo, and civility policing is fundamentally about protecting both that privilege and the status quo itself. Confronting the reality of injustice in both our past and our present should be uncomfortable, and no one is entitled to immunity.
It’s no secret that highly politicised issues seem to elicit strong emotional reactions, particularly feelings of intense anger. But not only are these feelings common, individuals seem actively motivated to seek out stories of tragedy, scandal, and injustice on a seemingly unending quest to feel moral outrage.
I don’t write to State Premiers very often. However, a month ago I did. It was to the Western Australian Premier, Mark McGowan. It was not about Test cricket, the Juukan Gorge or opening the state’s borders. It was in relation to a photo on the front page of The Australian on the weekend of the 6/7 November showing an Aboriginal man in Western Australia boarding a plane under arrest. He was barefooted and with both a wrist and ankle chain.
I believe in the rule of law and I appreciate that the proper application of the law does not always produce a fair or popular result. I also believe that Australia's refugee policy is too harsh and deeply flawed. However, that policy is bipartisan and appears to be inexplicably popular. The same 'fortress Australia' mentality is evident in our efforts to contain Covid-19.
Last week the annual Catholic Social Justice Statement was launched. Entitled Cry of the Earth, Cry of the Poor, its theme is care for the environment. In the same week the authoritative Intergovernmental Panel on Climate Change (IPCC) Report warned of the need for immediate and radical effort to minimise emissions and of the likely effects of their existing growth.
Last Wednesday, the Senate Standing Committee for the Scrutiny of Delegated Legislation chaired by the Government’s Senator Concetta Fierravanti-Wells tabled a report highlighting problems with a proposed new regulation affecting charities.
Last month, a man and a woman were sentenced to between six and eight years in jail for intentionally possessing and exercising the right of ownership over a slave between 2007 and 2015 in Mount Waverley, Victoria. After arriving in Australia from the Tamil Nadu province in India on a 30-day tourist visa, the woman’s passport was taken from her and she was forced to cook, clean and care for the couple’s three children on an average $3 per day.
Australian governments and judges have been playing catch up for a long time trying to deal with the backlog of claims for migrant visas. A couple of recent judgments highlight the frustration at work in the system.
We should resist the pressure to regard China as our enemy. The pressure to do so is powerful, given the cycle of retaliatory words on both sides that further poison relationships. The impetus to enmity, however, damages both sides. To treat people as enemies means that they become enemies, with the result that both sides will spurn the mutual exchanges that can help each.
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