Prof. Larissa Behrendt is a Eualeyai/Kamillaroi woman. She is the Professor of Law and Director of Research at the Jumbunna Indigenous House of Learning at the University of Technology, Sydney. She is admitted to the Supreme Court of the ACT and NSW as a barrister.Larissa is a Land Commissioner at the Land and Environment Court and the Alternate Chair of the Serious Offenders Review Board, a member of the Academy of Social Sciences of Australia and a founding member of the Australian Academy of Law. She is the Chair of the Humanities and Creative Arts panel of the Australian Research Council College of Experts.She is the author of several books on Indigenous legal issues. She won the 2002 David Uniapon Award and a 2005 Commonwealth WriterÕs Prize for her novel Home. Her latest novel, Legacy, is due for release in October this year. Larissa is a Board Member of the Museum of Contemporary Art, a board member of Tranby Aboriginal College and a Director of the Bangarra Dance Theatre. She was named as 2009 NAIDOC Person of the Year.
Latest Speeches/PapersThe Apology One Year on..., UTS. 13 February 2009.UTS Speaks, March 19 2008Shaping a nation: Visionary ledership in a time of fear and uncertainty, Ninth JCPML Anniversary Lecture, marking the 62nd anniversary of John Curtin's death, 5 July 2007.Is Sorry Enough? December 2006Speech at the Indigenous Labor Network Forum Wednesday 13th July 2005
Can supervise: YES
Aboriginal and Torres Strait Islander Legal Relations Second Edition considers the contact of Aboriginal and Torres Strait Islanders with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia.
The book is comprehensive in scope and covers key issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.
Exploring works as diverse as Robinson Crusoe and Coonardoo, Behrendt looks at the stereotypes embedded in these accounts, including the assumption of cannibalism and the myth of the noble savage. Ultimately, Finding Eliza shows how these stories not only reflect the values of their storytellers but also reinforce those values – and how, in Australia, this has contributed to a complex racial divide.
Behrendt, LY 2012, Indigenous Australia for Dummies, First, Wiley Publishing Australia Pty Ltd, Milton, Australia.
© Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg, 2010. All rights reserved. England explored and colonized the United States, Australia, New Zealand, and Canada under the authority of an international law called the Doctrine of Discovery. When Europeans set out to exploit and expropriate the lands, commercial, governmental, and human rights of the indigenous peoples of Australia, Canada, New Zealand, and the United States in the 15th through to the 20th centuries, they justified their sovereignty and claims over these territories and over indigenous peoples with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the indigenous inhabitants. The United States Supreme Court expressly adopted Discovery in 1823 in Johnson v. M'Intosh. This case and the Doctrine of Discovery has been cited and relied on by Australian, Canadian, New Zealand, and United States governments, courts, and colonists. The English colonial governments and colonists in all four countries utilized Discovery principles and arguments, and these governments continue to use Discovery today to exercise legal powers over indigenous peoples. The elements of Discovery were not applied in the exact same manner and at the exact same time periods in all four countries, but the similarities of the use of Discovery are striking and not the least bit surprising since the Doctrine was English colonial law. Viewing Australian, Canadian, New Zealand, and American history and law in light of the international law Doctrine of Discovery creates a more complete understanding of all four countries and of what colonial law has done to indigenous lands.
This book looks at the way in which dispute resolution processes can be developed to more effectively empower Aboriginal people and assist with the more equitable and satisfactory resolution of disputes between Aboriginal people and between Aboriginal people and other groups. It uses conflict around land, particularly at the intersection between land claim and native title as its focus. These have been identified through extensive field research. The book also explores the building of models of alternative dispute resolution processes based on Aboriginal cultural values and world views. It provides practical tools to practitioners who are seeking to find more effective ways of dealing with conflict in Aboriginal communities or between Aboriginal communities and other stakeholders.
Anthony, T, Marchetti, E, Behrendt, L & Longman, C 2017, 'Individualised Justice through indigenous Community Reports in Sentencing', Journal of Judicial Administration, vol. 26, no. 3, pp. 121-140.View/Download from: UTS OPUS
There is a growing pool of research on court outcomes in sentencing Indigenous people but relatively little research on the information available to sentencing courts to consider Indigenous background. Although Australian courts mostly have discretion to consider Indigenous circumstances, such consideration depends on submissions and reports tendered in court. The High Court in Bugmy v The Queen (2013) stated 'it is necessary to point to material tending to establish [the defendant's deprived] background' if it is to be relevant in sentencing.1 The main repository of court information on defendant background is counsel submissions and, where the defendant is facing imprisonment, Community Corrections' Presentence Reports. Based on 18 interviews with judicial officers, lawyers and court staff in New South Wales and Victoria, this article identifies the need for more information on relevant Indigenous background factors in sentencing. The introduction of discrete Indigenous community reports that present Indigenous perspectives on the person's background and rehabilitation was regarded as important for addressing the Bugmy requirement. This article makes reference to the wide-scale experience in Canada of First Nations presentence reports, known as 'Gladue Reports', and the more small-scale Australian experiences of Indigenous cultural reports, to indicate how this material can enhance individualised justice in sentencing Indigenous peoples.
Vivian, A, Porter, A & Behrendt, L 2016, 'Reflections on the Rates of Crime Project', Ngiya: Talk the Law, vol. 5, no. special edition on Indigenous methodologies and research.View/Download from: UTS OPUS
Behrendt, LY 2009, 'As good as it gets or as good as it could be?: benchmarking human rights in Australia [Friedlich Foundation Alice Tay Memorial Lecture on Law and Human Rights 2006 on 18 May 2006 at Old Parliament House, Australian National University.]', Balayi, vol. 10, no. Nov-2009, pp. 3-13.View/Download from: UTS OPUS
Sceptics have labelled human rights as a concept that is the luxury of c'lites. What is it that human rights can offer us in terms of improving the quality of life of the most marginalised within our cofirmunity? How do universal human rights offer a practical way of improving the rights of the most disadvantagedw ithin our cornmunity, particularlyA boriginal people?
The concept of "home" is multifaceted and complex. This is especially so for Aboriginal people who are forcibly removed from their land, retain deep spiritual and cultural attachments to their traditional homes, but have been forced to create new communities. This essay looks at the concepts of home and place from a contemporary Aboriginal perspective. It looks at the way in which Aboriginal families have navigated assimilation policies such as the removal of Aboriginal children from their families and shows the impact on and legacy of such policies on Aboriginal people today. It includes personal reflections and analysis of some of the future implications for government policy relating to Aboriginal people in Australia.
Behrendt, LY & Watson, N 2008, 'A Response to Louis Nowra', The Alternative Law Journal, vol. 33, no. 1, pp. 45-47.
It is easyt o understandw hy it is that when non- Aboriginal people see images of crisis in Aboriginal I communities they are moved to do something.But sometimes those good intentions are not enough. In the samew ay the architects of the removal policy who thoughtt hat assimilation was in the best interests of Aboriginal children often did not see the tragic consequences so those they were trying to help, it can often be the case that attempts to help can do more harm than good.
However sympathetic or unsympathetic a person might be to the idea of reconciliation, there is no hiding from the disparity in life chances and opportunities that lie in the socio-economic statistics that show that Aboriginal people continue to have poorer health, lower levels of education, higher levels of unemployment, poorer standards of housing and greater rates of incarceration. And it is impossible to argue that there is an even playing field when the life expectancy of Aboriginal people sits at 17 years less than that ofall other Australians. And while Indigenous disadvantageis one of the recurrent features of Indigenous communities across Australia, it is not the whole story.
On Australia Day in 1938 a group of Aboriginal people protested in front of Australia Hall after they were moved off the Town Hall steps. This small protest was the culmination of decades of activism by Indigenous communities and their leaders in the south east of Australia; leaders such as William Cooper and Fred Maynard, who had sought the same rights as all other Australians, especially in relation to their ability to own land, to access jobs and to accesse ducation and health services.
Behrendt, LY & Scott, G 2007, 'Reducing Indigenous Disadvantage: Understanding the Role of Philanthropy', Australian Philanthropy, vol. Autumn2007, no. 64, pp. 29-29.
Kelly, L & Behrendt, LY 2007, 'Creating Conflict: Case Studies in the Tension Between native Title Claims and Land Rights Claims', Journal of Indigenous Policy, vol. 8, pp. 73-102.View/Download from: UTS OPUS
A land rights claim was placed on a particular parcel of land, including a small river. A successful claim will mean that the land is granted to the local Aboriginal land council (LALC). Membership of the LALC is based on an Aboriginal person's residence within the boundary of the LALC, or alternatively, based on that person's association with that area. Traditional connection to the land within the boundaries of the LALC is not required for membership. In this scenario, imagine that the majority of the membership of the LALC consists of Aboriginal people who do not have a traditional association ith the parcel of land.
Reilly, A, Behrendt, LY, Williams, G, McCausland, R & McMillan, MD 2007, 'The Promise of Regional Governance for Aboriginal and Torres Strait Islander Communities', Ngiya: Talk the Law, vol. 1, pp. 126-166.View/Download from: UTS OPUS
From the time the Whitlam Govemment introduced 'self-determination' as its policy framework for Aboriginal and Torres Strait Islander people, there have been many legislative versions of what this means in practice. This debate about how Indigenous people's interestsa nd needsc an be best representedin legislation has re-emerged after the Federal Government's announcement of the abolition of ATSIC and its Regional Councils.' Both Indigenous peoples and governments continue to struggle with the question of representation in the context of policy formulation, funding arrangements, accountability, regulation, service delivery and Indigenous peoples' human rights.
Behrendt, LY 2005, 'Law Stories and Life Stories: Aboriginal Women, the Law and Australian Society (2004 Clare Burton Memorial Lecture)', Australian Feminist Studies, vol. 20, no. 47, pp. 245-254.View/Download from: UTS OPUS or Publisher's site
Behrendt, LY 2005, 'Treaty And Health: It's Not Either/Or', Balayi: Culture, Law and Colonialism, vol. 7, pp. 154-156.
This paper looks at the reasons why a Bill of Rights may be an attractive option for rights protection for Indigenous Australians and I want to start by saying that my views are personal; I am not claiming that they are reflective of the Indigenous community. I am going to structure my paper to answer one of the claims most often used against a Bill of Rights, namely, that the current system already allows for adequate rights protection. Put colloquially, it can be called the `if the system aint broke, dont fix it argument. It is easy to say that the system aint broke so you dont need to fix it if it has always worked for you. When I hear people talk about how well our legal system works I can feel a great chasm between what their experience with our laws are and what those of my own family are. I was interested in studying law because of the impact of the child removal policy on my family. My grandmother was taken from her family when she was twelve and sent out to work as a domestic. She never returned to her home. My father was, with several of his siblings, placed in a home at the age of five. He was not able to find the links to his own family until the 1980s. I grew up in a family where I witnessed the impact of that removal on the self-esteem of my family members and I saw what a difference it made to my father to find the family and cultural ties that had been taken away from his mother. I have stood on the very spot where my grandmother was taken from. It is land on our traditional country that we have no ability to claim a native title interest over. I stood on that spot and I couldnt have faith that our legal system was fair, equitable or just.
The above quotes are cited from the Human Rights and Equal Opportunity Commissions 1997 report, Bringing Them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families and form part of the evidence collected by the inquiry. This same report concluded that the government policies of removing children were in breach of international laws prohibiting genocide and amounted to crimes against humanity.
Behrendt, LY 2002, 'Responsibility in Governance: Implied Rights, Fiduciary Obligation and Indigenous Peoples', Australian Journal of Public Administration, vol. 61, no. 2, pp. 106-118.View/Download from: UTS OPUS or Publisher's site
Behrendt, LY 2001, 'Indigenous Self-Determination:Rethinking the Relationship Between Rights and Economic Development', The University of NSW Law Journal, vol. 24, no. 3, pp. 850-861.View/Download from: UTS OPUS
Behrendt, L & Kennedy, D 1997, 'Meeting at the Crossroads: Intersectionality, Affirmative Action and the Legacies of the Aborigines Protection Board', Australian Journal of Human Rights, vol. 4, no. 1, pp. 98-119.View/Download from: Publisher's site
Behrendt, LY 1996, 'At The Back Of The Class. At The Front Of The Class: Experiences As Aboriginal Student And Aboriginal Teacher', Feminist Review, vol. 0, no. 52, pp. 27-35.
This is a personal account of an Aboriginal woman who went through the education system in Australia to obtain finally her law degree. Aboriginal people experience many hurdles in the education system. Many Aboriginal children feel alienated within the l
Behrendt, L 2018, 'Eualeyai Story Tracks' in Greymorning, N (ed), Being Indigenous Perspectives on Activism, Culture, Language and Identity, Routledge.
The book considers the issues faced by Indigenous peoples today and provides valuable historical and political insight into the lingering impacts that colonization has had on their languages, cultures, and identities.
Behrendt, LY 2018, 'The Smoke of Several Fires' in The UQP Team (ed), Reading the Landscape A Celebration of Australian Writing, University of Queensland Press, St Lucia, pp. 94-107.
Featuring 25 of the greatest Australian writing names from UQP's past and present, this unique publishing project will showcase specially commissioned fiction, non-fiction and poetry by Australia's finest writers on themes such as legacy, ...
Behrendt, LY 2017, 'Indigenous Australia and Social Justice, 40 Years On' in Durbach, A, Edgeworth, B & Sentas, V (eds), Law and Poverty in Australia 40 Years After the Sackville Report, The Federation Press, Annandale, pp. 79-91.
This book attempts to fill the gap by bringing together a range of experts from civil society, the legal profession and academe, including the disciplines of law, social science and criminology.The book provides an inventory of progress ...
Behrendt, LY 2017, 'Settlement or Invasion? The Coloniser's Quandary' in Stephens, D & Broinowski, A (eds), The Honest History Book, UNSW Press, Sydney, pp. 225-239.
In this lively collection, renowned writers including Paul Daley, Mark McKenna, Peter Stanley, Carolyn Holbrook, Mark Dapin, Carmen Lawrence, Stuart Macintyre, Frank Bongiorno and Larissa Behrendt explore not only the militarisation of our ...
Behrendt, LY 2016, '2002: Power from the People: A Community- based Approach to Indigenous Self-determination' in Esmaeili, H, Worby, G & Tur, S (eds), Indigenous Australians, Social Justice and Legal Reform: Honouring Elliott Johnston, The Federation Press, Annandale, NSW, pp. 87-103.View/Download from: UTS OPUS
Behrendt, L, Porter, AJ & Vivian, A 2016, 'Factors Affecting Crime Rates in Six Rural Indigenous Communities' in Donnermeyer, JF (ed), The Routledge International Handbook of Rural Criminology, Routledge, UK, pp. 33-44.View/Download from: UTS OPUS
The dramatic, and increasing, overrepresentation of Indigenous Australians in all stages of the criminal justice system is a national crisis and mandates that crime and Indigenous communities is properly a subject for intense focus and debate. Despite the extensive findings and recommendations of the 1991 Royal Commission into Aboriginal Deaths in Custody (Johnston 1991), Indigenous incarceration rates continue to rise—both nationally and across the states and territories, for both adult and juvenile detention populations. During the last 15 years, the imprisonment rate for Aboriginal and Torres Strait Islander adults increased by 57.4 per cent, so that Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people (Productivity Commission 2014). Indigenous youth are 26 times more likely to be in detention (Amnesty International 2015).
Many criminological theories as to causes of Indigenous overrepresentation in the criminal justice system have been posited. In particular, it has been suggested that social disorganisation theory and conflict theory are relevant to understanding crime places-based variations in crime rates variations. Hence, both can be applied to rural and remote communities, and to Indigenous communities in terms of the breakdown of Indigenous informal social controls as a result of colonisation and dispossession. However, appraisals of these theories in rural Australia have demonstrated that, while combinations of some elements might be illuminating, no one theory was able to fully capture the complexity of 'crime' as a localised phenomenon at a community level (Hunter 1993, Jobes, Donnermeyer and Barclay 2005, and McCausland and Vivian 2010).
There is growing recognition of the Eurocentric focus in criminological studies and the importance in moving towards a post-colonial criminology (Cunneen 2011; Cunneen and Rowe 2014). Indeed, the foundations of criminology lie in the writings of Enlightenment scholars such as Cesar...
Behrendt, LY 2015, 'The Things you Shouldn't Say to an Aboriginal Person' in Nelson, C, Pike, D & Ledvinka, G (eds), On Happiness: New Ideas for the Twenty-First Century, UWA Publishing, Perth, pp. 214-222.View/Download from: UTS OPUS
This eclectic collection of essays interrogates the 'common sense' understanding of happiness in the West and examines the strategies devised to obtain it.
Behrendt, LY 2013, 'Aboriginal Sovereignty: A Practical Roadmap' in Evans, J, Genovese, A, Reilly, A & Wolfe, P (eds), SOVEREIGNTY, University of Hawai'i Press, Honolulu, USA, pp. 163-177.View/Download from: UTS OPUS
Behrendt, LY 2013, 'Beyond Symbolism:Indigenous Peoples In An Australian Republic' in Jones, BT & McKenna, M (eds), PROJECT REPUBLIC, Black Inc, Collingwwod, australia, pp. 62-75.View/Download from: UTS OPUS
Behrendt, LY 2011, 'Aboriginal Australia and Democracy: Old Traditions, New Challenges' in Isakhan, B & Stockwell, S (eds), The Secret History of Democracy, Palgrave Macmillan, Hampshire UK, pp. 148-161.View/Download from: UTS OPUS
When Europeans arrived in Australia to stay a little over two centuries ago, they did not appreciate the complex and consultative governance and legal structures that existed within the Aboriginal communities that they met. Instead, many Europeans saw a primitive race without developed technology and assumed them to be inferior. This Euro-centric assumption of superiority, eventually bolstered by theories of social Darwinism, would be used to support the doctrine of terra nullius, a legal fiction that saw Australia as though it was without a legitimate system of governance. Seen through Europeans eyes, it is not suqprising that many outsiders failed to understand the intricacies of our society, especially its complex system of laws and governance.
Behrendt, LY 2011, 'An Introduction to Global Perspectives on Social Justice and Human Rights' in Deborah Barnes (ed), Nelson Aboriginal Studies, Cengage Learning, South Melbourne, Victoria, pp. 137-152.View/Download from: UTS OPUS
The following chapters explore social justice and human rights in relation to Indigenous peoples in Australia and internationally. This chapter uses case studies to explore how some nations, such as New Zealand, Canada and the US, have dealt with Indigenous people's rights. There are an estimated 370 million Indigenous people worldwide living in around 70 different nations (UN Permanent Forum on Indigenous Issues 2006). Indigenous peoples have borne the heavy impacts of colonialism. Though invasion or colonisation tended to occur in the eighteenth and nineteenth centuries, its legacies continue to affect Indigenous peoples today in many ways, such as: the lack of recognition of their rights to their lands and waters; their right to live as they desire and to maintain their cultures; their experiences of racism; and their socioeconomic position. They have challenged colonialism and its impacts on them, and fought hard to protect their rights. Situations vary across communities, depending on the timing of colonialism and subsequent treaties (or lack thereof), as well as domestic government policy. Socioeconomic indicators show the ongoing impacts of colonialism in the present living conditions of Indigenous people. They are markers of the relative position of a group to the rest of a nation's population, in areas such as levels of education, health, employment, income, experience of law and justice, housing and service access. These show that Indigenous peoples worldwide experience major disadvantage compared with their fellow citizens.
Aboriginal and Torres Strait Islander people have a complex relationship with the criminal justice system. They are over-represented in custody and also overrepresented as victims of crime. Issues arise between Aboriginal people and the police and there are additional issues that arise when Aboriginal offenders appear before the courts and are sentenced. These issues were teased out in the Royal Commission into Aboriginal Deaths in Custody (RCIADIC 1991), a major legal investigation into why so many Aboriginal people were dying while in police custody or in prison.
Behrendt, LY 2010, 'Asserting the Doctrine of Discovery in Australia' in Press, OU (ed), Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, Oxford University Press, New York, USA, pp. 187-206.View/Download from: UTS OPUS
Behrendt, LY 2010, 'Back to the Future for Indigenous Australia' in Dyrenfurth, N & Soutphommasane, T (eds), All Thats Left: What Labor Should Stand For, UNSW Press, Sydney, Australia, pp. 113-134.View/Download from: UTS OPUS
Behrendt, LY 2010, 'Closing the Evidence Gap' in Davis, M & Lyons, M (eds), MORE THAN LUCK: Ideas Australia Needs Now, Centre for Policy Development, Sydney NSW 1240, pp. 117-128.View/Download from: UTS OPUS
A critique of the ALP's Inidgenous Policy
Behrendt, LY 2010, 'Indigenous Affairs Post-ATSIC' in Andrew Gunstone (ed), Over a Decade of Despair, Australian Scholarly Publishing, North Melbourne, Australia, pp. 173-207.View/Download from: UTS OPUS
Behrendt, LY 2010, 'The Doctrine of Discovery in Australia' in Press, OU (ed), Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, Oxford University Press, New York, USA, pp. 171-186.View/Download from: UTS OPUS
Behrendt, LY 2009, 'Something for Nothing? Aboriginal Property Rights and Nationalist Myths' in Attwood, B & Griffiths, T (eds), Frontier, Race, Nation, Australian Scholarly Publishing, North Melbourne, Australia, pp. 291-304.View/Download from: UTS OPUS
Behrendt, LY 2008, 'Vision and Realism: Moving to a Reconciled Australia' in Andrew Gunstone (ed), History, Politics & Knowledge: Essays in Australian Indigenous Studies, Australian Scholarly Publishing, North Melbourne, VIC, Australia, pp. 229-248.View/Download from: UTS OPUS
Behrendt, LY 2007, 'Indigenous Urban Disadvantage' in Atkinson, Dalton, Norman & Wood (eds), URBAN 45, RMIT, Melbourne, Australia, pp. 35-38.
Behrendt, LY 2007, 'Some listen, Some Won't Hear: the Legacy of the Bringing Them Home Report' in Mark Lawrence (ed), "Remember Me": Commemorating the Tenth Anniversary of the Bringing Them Home Report, The Secretariat of National Aboriginal and Islander Child Care Inc., North Fitzroy, Australia, pp. 29-31.
Behrendt, LY 2007, 'Telling Stories' in Helen Sykes (ed), What Difference Does Writing Make?, Future Leaders, Albert Park Vic Australia, pp. 16-18.
Behrendt, LY 2007, 'The 1967 Referendum: 40 Years On' in Neil Gillespie, ALRMCEO (ed), Reflections: 40 Years on from the 1967 Referendum, Aboriginal Legal Rights Movement Inc, Adelaide, Australia, pp. 25-29.
Behrendt, LY 2007, 'The 1967 Referendum: 49 years on' in Neil Gillespie, ALRMCEO (ed), Reflections: 40 years on from the 1967 Referendum, Aboriginal Legal Rights Movement Inc., Adelaide, Australia, pp. 25-29.
Behrendt, LY 2007, 'The Emergency We Had to Have' in Altman, J & Hinkson, M (eds), Coercive Reconciliation: Stabilise, Normalise, Exit Aboriginal Australia, Arena Publications Association, North Carlton, Australia, pp. 15-20.
Behrendt, LY 2006, 'Indigenous Self-Determination: Rethinking the Relationship of Rights and Economic Development' in Worby, G & Rigney, LI (eds), Sharing Spaces: Indigenous and Non-Indigenous Responses to Story, Country and Rights, API Network, Perth, Australia, pp. 276-289.
Behrendt, LY 2006, 'The Urban Aboriginal Landscape' in Anderson, K, Dobson, R, Allon, F & Neilson, B (eds), After Sprawl: Post-Suburban Sydney. E-Proceedings of 'Post-Suburban Sydney: The City in Transformation' Conference, Centre for Cultural Research, University of Western Sydney, Sydney, Australia, pp. 1-8.
Behrendt, LY 2006, 'Which Public? Which Values? Law, Prejudice and Public Institutions' in Probyn, E, Muecke, S & Shoemaker, A (eds), Creating Value, The Australian Academy of the Humanities, Canberra ACT AUSTRALIA, pp. 129-140.View/Download from: UTS OPUS
Behrendt, LY 2005, 'False Dichotomies and Other Barriers to Policy-Making for Aboriginal Communities' in Austin-Broos, D & Macdonald, G (eds), Culture, Economy and Governance in Aboriginal Australia, Sydney University Press, Sydney, Australia, pp. 231-239.View/Download from: UTS OPUS
Behrendt, LY 2005, 'The Relevance of the Rights Agenda in the Age of Practical Reconciliation' in Hunter & Keyes (eds), Changing law: Rights, Regulation and Reconciliation, Ashgate, Great Britain, pp. 137-153.View/Download from: UTS OPUS
Behrendt, LY 2004, 'Challenging the status quo: indigenous activism and the rule of law in Australia' in Litigation: Past and Present, UNSW Press, Sydney, Australia, pp. 171-185.View/Download from: UTS OPUS
Behrendt, LY 2004, 'Cultural conflict in colonial legal systems: An Australian perspective' in Intercultural Dispute Resolution in Aboriginal Contexts, UBC Press, Vancouver, Canada, pp. 116-127.View/Download from: UTS OPUS
Behrendt, LY 2004, 'Euleyai: The Blood that runs Through My Veins' in Greymorning, S (ed), A Will to Survive: Indigenous Essays on the Politics of Culture, Language and Identity, McGraw Hill, New York, USA, pp. 32-44.View/Download from: UTS OPUS
Behrendt, LY 2003, 'Eliza Fraser: A Colonial and Legal Narrative' in McCalman, I & McGrath, A (eds), Proof & Truth: The Humanist as Expert, Australian Academy of Humanities, Canberra, Australia, pp. 189-199.
Behrendt, LY 2003, 'Practical Steps Towards a Treaty: Structures, Challenges and the Need for Flexibility' in Hannah McGlade (ed), Treaty - Lets Get It Right, Aboriginal Studies Press, Canberra, Australia, pp. 18-29.View/Download from: UTS OPUS
Behrendt, LY 2002, 'Lacking Good Faith: Australia, Fiduciary duties, and the lonely place of Indigenous rights' in N/A (ed), In Whom we trust; A forum on fiduciary relationships In Whom we trust; A forum on fiduciary relationships In Whom we trust; A forum on fiduciary relationships In Whom we trust; A forum on fiduciary relationships, Irwin Law, Toronto, Canada, pp. 247-267.View/Download from: UTS OPUS
Behrendt, LY 2002, 'Lessons from the Mediation Obsession: Ensuring that Sentencing 'Alternatives' Focus on Indigenous Self-Determination' in Strang, H & Braithwaite, J (eds), Restorative Justice and Family Violence, Cambridge University Press 2002, Australia, pp. 178-190.View/Download from: UTS OPUS
Boydell, S, Behrendt, LY, Goodall, H, Sankaran, S, Watson, N, Mangioni, V, McMillan, MD & McDermott, MD 2008, 'Sydney Restored: Aboriginal ownership of city spaces', Cities Nature Justice: Abstracts, Cities Nature Justice: dialogues for social sustainability in public spaces, a UTS Trans/forming cultures symposium, UTS : Trans/forming Cultures, University of Technology, Sydney, pp. 1-1.
Challenge Grant output, presented by Nicole Watson This paper explores an irredentist model of justice in the city, one in which Aboriginal title is taken as the superior property interest over Sydney. It reports on a trans-disciplinary UTS funded research initiative investigating the impact on the institutional landscape of a solution that prioritises the human and property rights of the indigenous population. Methodologically, this research adopts what Creswell and Tashakkori (2007) refer to as a paradigm perspective. The approach integrates an eclectic combination of research modes into history, law, social inquiry, theory, practice, and beliefs, with the attitudes of finance, finance providers, capital users and indigenous property owners. Such a dynamic trans-disciplinary engagement demands that the researchers discuss an overarching worldview (or several worldviews) that provide a philosophical foundation for mixed methods research. Building on the role of land in Aboriginal politics, we explore Native title and the interplay with freehold and leasehold models. Our model raises a range of issues for the contemporary commons. as well as conceptions of ownership when long leasehold interests replace freehold titles. Whilst in the short term, we suggest that there is no significant financial impact on those holding the new 99-year tenancies, a range of issues arise in respect of the reversionary interest including rights, obligations, and restrictions surrounding improvements on the land. We also highlight the complexity surrounding land tax and the role of the State in such a model.
Feature Length Documentary Film
Australia Day, 2012. It is forty years since four Aboriginal, men drove from Redfern in Sydney to Canberra to set up a small protest against the McMahon government's refusal to support a land' rights agenda for Indigenous Australia. The original action in 1972 captured the attention of the nation-and the world-but it also resonated with the deep dissatisfaction felt by Aboriginal people who, five years after the success of the 1967 referendum, found their day-to-day circumstances had not changed.
Simone Harlowe is young and clever, an Aboriginal lawyer straddling two lives and two cultures while studying at Harvard. Her family life back in Sydney is defined by the complex relationship she has with her father, Tony, a prominent Aboriginal rights activist. As Simone juggles the challenges of a modern woman's life - career, family, friends and relationships - her father is confronting his own uncomfortable truths as his secret double life implodes. Can Simone accept her father for the man he is and forgive him for the man he's not?
Behrendt, LY 2004, 'Home', University of Queensland Press, St Lucia, Australia.
Fred Maynard: Aboriginal Patriot Narrated by Professor John Maynard, this short documentary film focuses on the life of his grandfather Fred Maynard, who established the AAPA in the 1920s, the first large scale Aboriginal rights movement. Fred was born on 4 July 1879 at Hinton, New South Wales. In 1925 Maynard launched the Australian Aboriginal Progressive Association (A.A.P.A.). The group protested against the revocation of north-coast farming reserves; they also demanded that children no longer be separated from their families, or indentured as domestics and menial labourers. The A.A.P.A. advocated that all Aboriginal families should receive inalienable grants of farming land within their traditional country, that their children should have free entry to public schools, and that Aborigines should control any administrative body affecting their lives.
Behrendt, LY, 'Home', Fresh Cuttings, University of Queensland Press, St Lucia, Australia.
Behrendt, LY, Larkin, S, Griew, R & Kelly, P Department of Industry, Innovation, Science, Research and Tertiary Education 2012, Review of Higher Education Access and Outcomes for Aboriginal and Torres Strait Islander People: Final Report.View/Download from: UTS OPUS
National review into Indigenous higher education issues
Behrendt, LY & Vivian, AM State of Victoria 2010, Indigenous self-determination and the Charter of Human Rights and Responsibilities - a framework for discussion, pp. 1-32, Melbourne, Australia.View/Download from: UTS OPUS
The Charter of Human Rights and Responsibilities (the Charter) requires the Attorney-General to undertake a review of its first four years of operation and a report based on the review must then be tabled in parliament in October 2011. One of the specific issues that the review must address is whether the right to self-determination should be enshrined in the Charter
Vivian, AM, Schnierer, EM, Behrendt, LY & Gibson, P Senate Community Affairs Committee 2010, Submission to the Senate Community Affairs Committee Inquiry into Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2009 and the Families, Housing, Community Services and Indigenous, pp. 1-34, Canberra.
Nicholson, A, Behrendt, LY, Vivian, AM, Watson, N & Harris, M Concerned Australians 2009, Will They Be Heard? A response to the NTER Consultations, June to August 2009, pp. 1-45, Melbourne, Australia.
This Report has its genesis in the great work done by the group known as `concerned Australians in conjunction with the relevant Aboriginal Communities in the Northern Territory and in the tireless enthusiasm of Michele Harris, who is one of the co-authors of this Report. We are particularly fortunate to have the involvement of the other co-authors Larissa Behrendt and Nicole Watson, both of whom are Aboriginal and Alison Vivian, who bring their own particular knowledge and appreciation of the problems discussed.
Panel Member for public roundtable with leading academics and practitioners on Indigenous Deaths in Care and Custody.
Longman, CD, Behrendt, L & Vivian, A 2015, 'Submission to the Standing Committee on Legal and Constitutional Affairs regarding the Native Title Amendment (Reform) Bill No. 1, 2012.'.View/Download from: UTS OPUS
A Supplementary Submission to the NSW Legislative Council's Standing Committee on Law and Justice Inquiry into the Family Response to the Murders in Bowraville including Responses to Questions on Notice
Longman, CD & behrendt 2012, 'A submission to the Director, Criminal Law Review, NSW Department of Attorney General and Justice regarding the Statutory Review of Part 8 of the Crimes (Appeal and Review) Act 2006'.View/Download from: UTS OPUS
This report presents key findings and recommendations based upon research conducted in 2011 by the Indigenous Legal Needs Project (ILNP) in the Northern Territory (NT). The ILNP aims broadly and on a national level: ?To identify and analyse the legal needs of Indigenous communities in non-criminal areas of law (including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters); and ?To provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities.
Longman, CD, Watson, N, Nicholson, A, Vivian, A, Priest, T, De Santolo, J, Gibson, P, Behrendt, L & Cox, E 2012, 'Listening But Not Hearing: A Response to the NTER Stronger Futures Consultations June to August 2011.'.View/Download from: UTS OPUS
A report compiled between researchers at Jumbunna Indigenous House of Learning evaluating the Stronger Futures consultation process against Australia's obligations under international law to consult with Aboriginal and Torres Strait Islander Peoples in relation to decisions that affect them.
The Report includes a 'Report Card' providing an overview of the efficacy of the consultation process.
Response to the National Human Rights Plan Secretariat, Human Rights Policy Branch, Cth Attorney-General's Department relating to the Draft National Human Rights Baseline Study