Campbell, Fiona (2015) The Cape York Welfare Reform trial: continuing acts of paternalism. QUT Law Review, 15 (1). pp. 114-136.

Preview

PDF (Published Version) - Published Version Available under License Creative Commons Attribution. Download (363kB) | Preview

Abstract

The Queensland Government has managed Aboriginal peoples' property since at least 1897. Today, in four predominantly Aboriginal communities in Cape York and Doomadgee in the Gulf of Carpentaria, the Family Responsibilities Commission can direct Centrelink to manage up to 90 per cent of a person's social security payment if they fail to meet one of four 'social responsibilities'. If social security payments could be found to be property, as occurs in European countries, income management of Aboriginal people's social security payments arguably breaches the Racial Discrimination Act 1975 (Cth) and the Aboriginal and Torres Strait Islander (Queensland Discriminatory Laws) Act 1975 (Cth) which require equality for Aboriginal peoples in exercising their right to own and manage property. If social security cannot be found to be property, a court is likely to find income management to be a special measure for the benefit of Aboriginal people.

Item ID:	41574
Item Type:	Article (Research - C1)
ISSN:	2201-7275
Keywords:	racial discrimination; property; income management; Cape York; Cape York welfare reform trial; Family Responsibilities Commission; Aboriginal and Torres Strait Islander
Additional Information:	This work is licensed under a Creative Commons Attribution 4.0 License.
Date Deposited:	13 May 2016 00:13
FoR Codes:	18 LAW AND LEGAL STUDIES > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law @ 60% 18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law @ 20% 18 LAW AND LEGAL STUDIES > 1801 Law > 180124 Property Law (excl Intellectual Property Law) @ 20%
SEO Codes:	94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 50% 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 50%
Downloads:	Total: 284 Last 12 Months: 14
	More Statistics