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BREAKING AUSTRALIA REPORT: Surviving Aboriginal workers & relatives win $180m settlement from WA government for stolen wages

Group photo of Kimberley Indigenous stockmen
Indigenous stockmen (from left) David Newry, Alec Ward, Robert Lumai, Jeffrey Newry and Cecil Ningarmara. David Newry gave evidence at a hearing.(Supplied: David Newry)none

AceBreakingNews – The WA government will pay nearly $200 million to settle a class action brought on behalf of thousands of Aboriginal Australians who had their wages withheld while subject to onerous legislation.

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Ace Press News From Cutting Room Floor: Published: Nov.01: 2023: ABC Kimberley News: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

Group photo of Kimberley Indigenous stockmen
Indigenous stockmen (from left) David Newry, Alec Ward, Robert Lumai, Jeffrey Newry and Cecil Ningarmara. David Newry gave evidence at a hearing.(Supplied: David Newry)none

The class action was brought by Kimberley stockman and acclaimed artist Mervyn Street, 72, who worked on stations for most of his life and was not paid a wage until he reached his 30s.

Mr Street’s complaint was regarding a policy in place between 1936 and 1972 that allowed the state government to withhold up to 75 per cent of an Aboriginal person’s wage.

In a statement released on Wednesday afternoon, Shine Lawyers confirmed the government had agreed to settle.

Subject to Federal Court approval, the government will pay up to $180.4 million to eligible Aboriginal workers, their spouses and children, including $15.4 million in legal costs.

A man in a hat smiles at the camera
Mervyn Street, a Gooniyandi traditional owner, is the lead applicant in the Federal Court case.(ABC Kimberley: Stephanie Sinclair)

Acknowledging the suffering

Shine Lawyers joint head of class actions Vicky Antzoulatos said the decision was a significant victory.

“Workers and their descendants suffered inter-generational disadvantage because of the legislation in place in Western Australia over many decades,” he said.

“Financial compensation is one way to acknowledge the suffering of First Nations people.

Aboriginal children branding a calf at Moola Bulla Station in Western Australia's Kimberley in the 1910s.
“It doesn’t correct the past, but it offers a way forward.”Aboriginal children branding a calf at Moola Bulla Station in Western Australia’s Kimberley in the 1910s.(Supplied: State Library of Western Australia)

If the settlement is approved, the Federal Court will determine the amount given to each impacted family.

According to Shine Lawyers, Mr Street is looking to ask the court to pay a greater amount to those who worked under the policy the longest.

The state government will also issue a public apology to the workers impacted by the policy, in WA parliament later this month.

The settlement is the culmination of months of work behind the scenes for Shine Lawyers and the Federal Court, which travelled around the state hearing evidence from impacted workers.

‘Basically treated like slaves’

For Miriwoong elder David Newry, the decision is a complicated feeling of relief.

“I’m happy in one way, but in the other way I’m sad to know my people, my parents deserved this [news] more and they’re gone now,” he said.

Mr Newry gave evidence during the class action on behalf of members of his family who lived and worked on Ivanhoe and Newry stations in the east Kimberley, something he said was incredibly difficult.

A composite image of an Aboriginal man showing him young, on the left, and elderly on the right.
David Newry (left, as a younger man, and right, today) worked on stations around WA, and offered his testimony when the Federal Court came to Broome.(ABC News)

“ One of the hardest parts for me was talking about my family and how they’ve been treated,” he said.

“One of my father’s brothers got tied to a tree and got whipped for not hopping on a horse that morning because he was really sick in the stomach.

“That sort of information was really hard to tell.”

The news of the settlement ultimately felt to him like recognition.

“It’s a worthwhile thing to really point out that people were the backbone of the cattle industry,” he said.

“It’s all to do with the effort our people have put in, through hardship. Our people were basically treated like slaves.”

Headshot of Tony Buti standing at a podium
WA Aboriginal Affairs Minister Tony Buti says the government worked with the applicants.(ABC News: James Carmody)

Minister for Aboriginal Affairs Tony Buti said in a statement the settlement was a recognition of the past.

“This settlement is also an opportunity to acknowledge the valuable contributions that Aboriginal and Torres Strait Islander people have made to our state, both past and present,” he said.

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BREAKING AUSTRALIA BUSINESS REPORT: Row breaks out over Aboriginal design for JackJumpers Indigenous Round jersey

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AceBreakingNews – It was supposed to be a celebration of First Nations culture during this weekend’s Indigenous round in the National Basketball League.

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Ace Press News From Cutting Room Floor: Published: Nov.01: 2023: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

A photo of a basketball jersey laid out on grass.
The jersey design by Reuben Oates will not be worn or sold at the NBL’s Indigenous Round.( ABC News: Luke Bowden )none

But the Tasmania JackJumpers team have confirmed they won’t be wearing their Indigenous jersey during Saturday’s game following criticism of the consultation process and chosen design.

Tulampanga pakana man Rulla Kelly-Mansell, who is a JackJumpers fan, was the first to raise concerns about the jersey, describing the design as a “misappropriation of culture … of our palawa pakana culture from the island lutruwita”.

Mr Kelly-Mansell said the dots in the design do not represent traditional Tasmanian Aboriginal culture — and said the club should have been better informed.

“To have an internal process to select Aboriginal artwork that’s going to represent your organisation and not have any Aboriginal representatives as a part of that process is really problematic,” Mr Kelly-

Three Tasmania JackJumpers basketball team players in Indigenous design uniform.
Mansell said.JackJumpers players in the Indigenous Round jerseys as seen in social media promotions for the upcoming Indigenous Round.(Tasmania JackJumpers)

The Tasmanian Aboriginal Centre (TAC) shared its concerns.

“They’ve completely excluded the Aboriginal community from any decision making over their selection,” TAC’s campaign manager Nala Mansell said.

“It’s vital that the Tasmanian Aboriginal community are part of any planning or any processes in the lead up to ensure that it is authentic and is a proper representation of our people and culture.”

The TAC said the dots used in the design originated on the mainland.

“Tasmanian Aboriginal people haven’t used dot paintings, that is something that derives from different Aboriginal communities on the mainland, but not here in Tasmania,” Ms Mansell said.

A man sits in a garden environment with a basketball uniform across his knee.
Tasmanian artist Reuben Oates says he understands the team had a difficult decision to make, but is still disappointed.( ABC News: Luke Bowden )

Artist Reuben Oates, who designed the jersey, said he was proud of the artwork and his heritage, which is recognised by some Tasmanian Aboriginal organisations — but not the TAC.

“I am a proud Tasmanian Aboriginal man, the seventh great grandson of chief Mannalargenna,” Mr Oates said.

“[In the jersey design] the ant itself represents our community, the dots and the nest representing the culture we have to protect, and the culture, I guess, we are reinventing.”

Three people pose for a photo.
Tasmania JackJumpers chief executive Christine Finnegan, with coach Scott Roth (left) and chief operating officer Darren Smith.( ABC News: Maren Preuss )

JackJumpers chief executive Christine Finnegan said the consultation process could have been better.

“If we have upset some elements of the community, we want to understand that, we want to grow from that, we want to learn from that and we want to improve that,” Ms Finnegan said.

“Could the process have been improved? Absolutely and I will certainly be working with them in the future to make sure that is the case.”

In a statement released on Tuesday, the JackJumpers said “it was never the club’s intention to cause division within the broader Tasmanian Aboriginal community and it apologises if members of the community have been affronted by the artwork’s style”.

“The Tasmanian JackJumpers have decided the club will not wear the jersey this weekend and it will not be available for sale.

“The JackJumpers will proceed with other Indigenous Round activities and celebrations before and during the game.”

The club said it “acknowledges there should have been further consultation with the Aboriginal community throughout the selection and artistry process, and it will continue to work closely with the TAC and broader Tasmanian Aboriginal community moving forward”.

Rulla Kelly-Mansell looks at the camera.
Rulla Kelly-Mansell says he welcomes the team’s decision.(ABC News: Marco Catalano)

Rulla Kelly-Mansell said he welcomed the decision.

“This signifies that the club listened and it takes humility to acknowledge when you’ve done the wrong thing and it takes leadership to rectify it,” he said.

Artist Rueben Oates said he was disappointed by the decision.

“I think it’s ridiculous, there is such a majority in Tassie and Australia that are supportive of what I do and the culture I represent,” he said.

“It’s a minority community with the TAC and they only represent who they want to represent.

“Nothing against the JackJumpers, they are doing everything legally and in their best interest, but it sort of leaves me between a rock and a hard place.”

A man with a basketball uniform over his shoulder.
Reuben Oates with his jersey design.( ABC News: Luke Bowden )

Editor says …Sterling Publishing & Media Service Agency is not responsible for the content of external site or from any reports, posts or links and thanks for following as always appreciate every like, reblog or retweet and comment thank you

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AUSTRALIA FEDERAL COURT REPORT: Formally recognises Nyalpa Pirniku native title rights over vast northern Goldfields area

He stands with a copy of the determination
Wongatha man Murray Stubbs is sad it took 30 years for rights to be recognised. (ABC Goldfields: Giulia Bertoglio)

AceBreakingNews – Laurel Cooper has spent decades fighting to have her native title rights recognised in law and, today, under a white marquee in Western Australia’s Goldfields, that finally occurred.

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Ace Press News From Cutting Room Floor: Published: Oct.31; 2023: ABC Court News: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

A man speaks at a lectern
The Federal Court travelled to Menzies to make the determination. ( ABC Goldfields: Giulia Bertoglio)none

The 90-year-old Wongatha woman just wishes more people were around to share in the occasion.

The Federal Court sat in Menzies, a tiny town about two hours north of Kalgoorlie-Boulder, to determine the native title rights and interests of the Nyalpa Pirniku claim group. 

The ruling recognises their right to camp, hunt, take resources, perform ceremonies, teach law, engage in cultural activities and protect cultural sites across a 30,000 square kilometre area in the northern Goldfields. 

But Ms Cooper, the oldest member of the claim group, said the day was tinged with sadness, because so many of her nearest and dearest passed away before they could enjoy the hard-won recognition. 

“I’ve been here a long time,” she said.

“Before I went into the [Mount Margaret] Mission I was here, roaming around. 

“[But] I’m on my own now. All my friends have gone.

“[And] my brother. I wish he was here to see this happen today.”

She wears an orange cap and jacket
Laurel Cooper wishes her brother was still around to see their native title rights recognised. (ABC Goldfields: Giulia Bertoglio)

Many in attendance spoke of loved ones who had also died before the determination was made, and the sadness that created.

The words “Nyalpa Pirniku” mean “old people” in Wongai, which is believed to be in recognition of those who passed on.

‘Keep fighting’

Wongatha traditional owner Rayma Morrison hopes Aboriginal people both in the Goldfields and around the country take note of the Nyalpa Pirniku claim group’s success. 

“Today we belong,” she said. “Today our land is ours.”

“Being a traditional owner is one of the most powerful things that could happen to an Aboriginal person.”

She wears a hat and smiles at the camera
Wongatha woman Rayma Morrison hopes the recognition will inspire others. (ABC Goldfields: Giulia Bertoglio)

As a 10-year-old, Ms Morrison was forced to leave the area to live on Noongar country in Perth.

But she said she maintained her language, customs and traditions and felt embraced whenever she set foot back on Country. 

“For us to come back and be embraced and belong — that’s what makes my heart beat today,” she said.

“There are so many Aboriginal claim groups that get told ‘No, this is not going to happen.’

“And for us to achieve this today, I want the rest of the country to know about it.

“I want them to keep fighting, because one day you will get there.”

Ms Morrison hopes the determination will help bring more services, such as rehabilitation and counselling centres, for her people. 

Lasting damage

While the Nyalpa Pirniku claim was filed only four years ago, it covered much of the same area as a former Wongatha native title claim, which was filed in 1999 but dismissed in 2007 after a trial. 

That came as a huge blow to many of those involved, who had given lengthy oral evidence. 

Court officer and Wongatha man Murray Stubbs said the 2007 decision created lasting damage.

He stands with a copy of the determination
Wongatha man Murray Stubbs is sad it took 30 years for rights to be recognised. (ABC Goldfields: Giulia Bertoglio)

“ We went backwards [after the case was dismissed],” he said.

“Now, instead of having one big claim that we’re all on, we’re now going on three, four or five different claims.

“And that’s not fair because that’s causing internal arguments.”

Due respects

Mr Stubbs said that after the 2007 dismissal, mining companies failed to pay their “due respects” in terms of mining agreements.

He hoped today’s determination would mark a shift.

A baby is held during the ceremony
Traditional owners hope the recognition of rights will make life better for future generations. (ABC Goldfields: Giulia Bertoglio)

“ Now that consent determinations are being handed down, they will treat us with the respect that they should,” he said.

“And we’ll be coming back to collect the money that they owe on past agreements.

“And moving forward [we will] try to … use our money to help our people grow.”

Fraught history

There have been relatively few successful native title claims in the resource-rich Goldfields, which Native Title Services Goldfields chairman Terry Grose believes is due to the early interaction between Aboriginal and European people, like missionaries and miners, in the area.

“There’s a lot of disagreement about who belongs where,” he said.

A man looks very determined and holds the legal document above his head
The Nyalpa Pirniku claim group have finally seen their native title rights recognised. (ABC Goldfields: Giulia Bertoglio)

“ I think the white fella law requires some certainty, which is pretty difficult to find when you’re a traditional owner.”

Earlier this month, the Federal Court sat for three weeks in Kalgoorlie to hear evidence around the Marlinyu Ghoorlie native title claim, which extends across the City of Kalgoorlie-Boulder and parts of the Goldfields.

The outcome of the claim is likely to be determined next year. 

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AUSTRALIA BUSINESS REPORT: Tiwi Land Council dismisses cultural heritage report for Santos Barossa gas project pipeline

Five Indigenous people hold a sign that reads "Don't destroy the Tiwis, stop Barossa gas" decorated with art.
Tiwi traditional owners have opposed the pipeline.( ABC News: Michael Franchi )none

AceNewsDesk – UPDATE – A major assessment of cultural heritage values by a gas company planning to build an underwater pipeline through Tiwi sea country has ignored the concerns of traditional owners, a land council says.

Ace Press News From Cutting Room Floor: Published: Oct.30: 2023: ABC Business News: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

Five Indigenous people hold a sign that reads "Don't destroy the Tiwis, stop Barossa gas" decorated with art.
Tiwi traditional owners have opposed the pipeline.( ABC News: Michael Franchi )none

The assessment report from gas company Santos, written by independent anthropologist Dr Brendan Corrigan, was completed in response to directions from the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) in January.

The direction to conduct the cultural heritage assessments was given “to … complete an assessment to identify any underwater cultural heritage places along the Barossa pipeline route”.

It followed a federal court ruling in December 2022 that Santos and NOPSEMA had failed to ensure Tiwi Traditional Owners were properly consulted on the pipeline.

The pipeline will be needed for Santos to pipe gas from the offshore Barossa field past the Tiwi Islands to Darwin for export.

In the report’s executive summary, Dr Corrigan said: “Having considered the information I have obtained from Tiwi people and relevant organisations through the research reported here, there are no specific ‘underwater cultural heritage places’ along the pipeline route that may be affected by the activities covered by the Gas Export Pipeline Environment Plan.”

An aerial view of aqua blue water lapping along rocks with green scrub in the distance.
The pipeline will run past the Tiwi Islands.( ABC News: Michael Franchi )

Land council dismisses report 

In a rare public statement on the proposed multi-million-dollar gas field development, Tiwi Land Council chief executive officer Robert Graham said Dr Corrigan’s report was “[not] an adequate authority to inform NOPSEMA, Santos or other stakeholders of the relevant Tiwi cultural background”.

Mr Graham, who is also an anthropologist, said the research in Santos’ assessment — which involved months of interviews with various Tiwi clan groups about spiritual significance of the pipeline route — was a continuation of a failure to consult traditional owners properly.

“There are people out there, and not just the people [opposed to the pipeline], but a wider group of Tiwi who are concerned about the possible effects,” he said.

“The anthropologist’s job is to explain the cultural nature of people’s concerns and the report doesn’t do that.”

In a statement, a Santos spokesperson said it respected the cultural heritage of Tiwi people, and the TLC, but that the land council “appears to have misunderstood the purpose of Dr Corrigan’s report, which was solely ‘to identify any underwater cultural heritage places along the Barossa pipeline route'”.

“The pipe has a maximum diameter of 86 centimetres and will sit on the seabed at depths ranging from 33 to 254 metres of water,” the statement said.

“The pipe will be removed when the project is finished.”

Dr Corrigan has been contacted for comment.

Cultural heritage concerns identified

In Dr. Corrigan’s assessment, fears were expressed by Tiwi about risks posed to marine life and sacred sites, but that those concerns were beyond the scope of his report.

“A lot of emphasis has been placed by some individuals interviewed for this research, on the potential risk of industrial accidents to known sacred sites (outside of the proposed gas export pipeline corridor) on the islands and near to shores, with expressed fears including perceived risks to traditional foods and relationships with maritime species,” the report reads.

Mr Graham said any negative effects on culturally significant species such as dugongs and turtles would have implications in the contemporary lives of Tiwi people, beyond an impact on environmental biodiversity.

“They’re economic, they’re also totem animals. They’re part of people’s mythological and religious life,” he said.

“In my view, [Dr. Corrigan] should have talked to people about their concerns and put them in an anthropological form.”

A gas platform in the Timor Sea.
Santos planned to pipe gas from the offshore Barossa field past the Tiwi Islands to Darwin for export.(Supplied: ConocoPhillips)

Regulator says it’s satisfied

In a statement, a spokesperson for NOPSEMA said its January directions “appear” to have been met by Santos, effectively allowing pipeline construction to proceed.

“NOPSEMA has completed an inspection to monitor compliance against the direction and we are satisfied the documents provided appear to meet the intent of GD1898,” the statement said.

“NOPSEMA will continue to monitor Santos’ activities to ensure compliance in line with their permissioning [sic] documents.”

The regulator said Santos’ 2020 plan for the pipeline’s construction would have to be altered to reflect Dr Corrigan’s findings.

“The environment plan for [the] gas export pipeline was accepted by NOPSEMA in March 2020 and this acceptance remains,” it said.

“Santos were required to make changes to the environment plan with information from the cultural heritage studies associated with the general direction.”

NOPSEMA’s spokesperson said Santos would have to undertake further work to assess environmental risks once the pipeline’s construction was complete.

“There is no environment plan yet subjugated to NOPSEMA for the operation of the pipeline which when submitted would include environment risks of pipeline operations over its life,” it said.

In its latest quarterly report, Santos said the findings of Dr Corrigan meant that it could begin constructing the pipeline and re-commence drilling before the end of 2023.

“Assuming that drilling re-commences before end 2023 and that the gas export pipeline commences installation in 2023, the Barossa project remains on target to commence production in the first half 2025 and within current cost guidance.”

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AUSTRALIA INDIGENOUS REPORT: Denmark School brings Indigenous knowledge into the classroom with bracken fern experiment

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AceNewsDesk – Western Australian schools are finding more ways to incorporate Indigenous knowledge into everyday learning, with a recent trip to the bush by a group of teachers revealing a very useful tip for bushwalkers and hikers.

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Ace Press News From Cutting Room Floor: Published: Oct.29: 2023: ABC News: TELEGRAM Ace Daily News Link https://t.me/+PuI36tlDsM7GpOJe

A man wears a hat and blue jumper, while holding a green leafy plant and smiling.
Larry Blight leads tours to educate people about Aboriginal culture. (ABC Great Southern: Piper Duffy)none

In the biodiverse region of Denmark, almost five hours south of Perth, the vibrant green bracken fern — which has special medicinal qualities — grows among the tall karri trees.

Staff from Denmark Senior High School learnt of the native plant’s use when Menang elder Larry Blight took them on a cultural tour of the surrounding bushland.

The fern, which can be found in the southern regions of WA and parts of New South Wales, has long been used by Indigenous Australians for its soothing properties when applied to painful insect bites.

Mr Blight said Mundan, which is Noongar for bracken fern, could be used to treat bites from bull ants.

“It’s actually quite incredible what it can do, it can potentially save your life,” he said.

“You can crush it up and put it straight onto the sting and within 10 seconds the pain is gone.”

A three-photo collage of a green plant and a man wearing a brown hat and a blue jumper.
Larry Blight says there are many other plants which can be used as medicine. (ABC Great Southern: Piper Duffy )

Mr Blight said Indigenous Australians had used the plant as a medicine for generations.

“This knowledge has been passed down to me from my elders and aunties,” he said.

“If we take care of the environment then it will look after us.”

Sharing with those eager to learn

Two teenaged boys in school uniforms stand behind a plant and in front of a tree smiling.
Denmark Senior High School students say they had no idea bracken fern could soothe insect bites. (ABC Great Southern: Piper Duffy )

Denmark Senior High School science teacher Lindsay Stirling, said when Mr Blight told him what bracken fern was used for, he was fascinated.

“I wanted to figure out why bracken was able to counteract a bull ant bite,” he said. 

Mr Stirling decided to conduct personal research and eventually created experiments for his years 9 and 11 students.

Two male students doing a science experiment on a grey bench, wearing safety goggles. 
Year 11 science students test bracken fern for aluminium sulfate. ( ABC Great Southern: Piper Duffy )

After many tests we found out the bracken sap was acidic,” he said.

Results found the plant contained high amounts of aluminium sulfate which, Mr Stirling said, was probably what made bracken fern so effective in soothing the bites.

He said the chemical, which is found in commercial insect sting treatments, was able to break down toxins from alkaloids in insect stings, which quelled the pain.

two girls wearing safety goggles in dark navy polo shirts stand over grey bench in classroom.
Teacher Lindsay Stirling says bracken fern works as well as Stingose insect treatment.(ABC Great Southern: Piper Duffy )

Mr Stirling said he wanted to find more ways to incorporate Indigenous knowledge in the school curriculum.

“We don’t want this to be a one off, we want to find more examples which could be useful to our students,” he said.

“I think it’s a great partnership of Indigenous knowledge and science education.”

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