Unresolved Tensions: Warlpiri Law, Police Powers and Land Rights

Indigenous Law Bulletin, Vol. 7, No. 5, pp. 9-10 & 16-18, 2008

Sydney Law School Research Paper No. 09/64

6 Pages Posted: 1 Jul 2009

See all articles by Thalia Anthony

Thalia Anthony

The University of Sydney - Faculty of Law; University of Technology Sydney, Faculty of Law

Robert Chapman

affiliation not provided to SSRN

Abstract

This article explores the powerlessness of Indigenous people when confronted with police on ceremonial land. It draws on a recent incident in Lajamanu (northern Tanami Desert, Northern Territory ('NT')) that highlights the conflict between Indigenous and non-Indigenous laws. The incident involved an intrusion on a restricted Warlpiri ceremony ground by non-Indigenous police officers, including a female officer.

The incident brought to the fore questions regarding the legal rights of Indigenous people where there is a transgression of sacred sites under the Northern Territory Aboriginal Land Rights Act (Cth) and the Northern Territory Aboriginal Sacred Sites Act (NT). It reveals the reluctance of the Anglo-Australian law to recognise Indigenous law and customary practice.

Keywords: police powers, indigenous people, Warlpiri, aboriginal land rights, prosecutions, trespass, aboriginal customary law

JEL Classification: K10, K11, K30

Suggested Citation

Anthony, Thalia and Anthony, Thalia and Chapman, Robert, Unresolved Tensions: Warlpiri Law, Police Powers and Land Rights. Indigenous Law Bulletin, Vol. 7, No. 5, pp. 9-10 & 16-18, 2008, Sydney Law School Research Paper No. 09/64, Available at SSRN: https://ssrn.com/abstract=1428216

Thalia Anthony (Contact Author)

The University of Sydney - Faculty of Law ( email )

2001 Sheridan Rd.,
Leverone, 354B
Evanston, IL 60208
United States

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Robert Chapman

affiliation not provided to SSRN ( email )

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