2920

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Submission Number
2920
Participant
Anonymous
Submission date

Dear Sir Madam,

I write in reference to the concept to introduce a Voice for Aboriginal and Torres Strait Islander peoples.

From a Tasmanian perspective as already mentioned we have a group of Tasmanian Aboriginal peoples that were challenged on their Aboriginality in relation to the ATSIC Elections in 2002. The Case itself handed down their decision in the AAT of the Federal Court of Australia, recognizing the groups as a person of the Aboriginal race of Australia.

An Aboriginal Elder who went through the case and was recognized later in 2010 was not charged by Tasmania Police for Illegal Fishing (Abalone). He was allowed to practice his Culture (Aboriginal Fishing Hunting and Gathering). He was advised by Tasmanian police officers that he has his laws and we have ours. He was not associated or accepted under or with the Aboriginal Lands Act 1995 of Tasmania. He was an individual still trying to prove his Indigeneity within the State of Tasmania.

The case was Patmore v Independent Indigenous Advisory Committee
[2002] FCAFC 316; 122 FCR 559.

Under the Police Powers 2003 of Tasmania. Section 83 states: "A police officer has the powers, privileges, and duties of a constable at common law or under any other Act or law". Now he wasn't charged for the fishing offense. This aboriginal elder didn't come under the Aboriginal Lands Act of 1995 or any Law such as Native Title. So the Tasmanian police officers had the power and privilege and duties of a constable at common law. The case above was heard in the Administration Appeals Tribunal, not a Court.

So I question how can the Voice be accepted when at common law under the Police Powers of Tasmania Police recognized the AAT decision. I question how can this Voice be implemented and for who?

Warm regards(redacted)