This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.guardian.co.uk/world/2013/jun/19/australia-indigenous-alcohol-law

The article has changed 3 times. There is an RSS feed of changes available.

Version 0 Version 1
Alcohol restrictions protect Aboriginal people, high court rules Alcohol restrictions protect Aboriginal people, high court rules
(about 1 hour later)
Alcohol management plans do not breach racial discrimination laws because they are "special measures" designed to protect vulnerable indigenous communities, Australia's high court has ruled. Alcohol management plans do not breach racial discrimination laws because they are "special measures" designed to protect vulnerable Indigenous communities, Australia's high court has ruled.
In a ruling handed down in Canberra on Wednesday, the court rejects arguments that the management plans, which restrict the sale and possession of alcohol, breach United Nations and Australian racial discrimination laws.In a ruling handed down in Canberra on Wednesday, the court rejects arguments that the management plans, which restrict the sale and possession of alcohol, breach United Nations and Australian racial discrimination laws.
The plans apply to 19 Queensland communities with large indigenous populations, such as Palm Island in the state's far north. The plans apply to 19 Queensland communities with large Indigenous populations, such as Palm Island in the state's far north.
Palm Island resident Joan Monica Maloney was the driving force behind the high court appeal after she was convicted in October 2010 of possessing more than the prescribed amount of liquor.Palm Island resident Joan Monica Maloney was the driving force behind the high court appeal after she was convicted in October 2010 of possessing more than the prescribed amount of liquor.
She was fined $150, but fought the charge and conviction on the ground that they directly discriminated against Aboriginal people. She was fined $150, but fought the charge and conviction on the grounds that they directly discriminated against Aboriginal people.
Maloney's conviction was upheld last year by the court of appeal in Brisbane.Maloney's conviction was upheld last year by the court of appeal in Brisbane.
It found that although the plans clearly targeted indigenous populations, the law was enacted with the legitimate and non-discriminatory public goal of minimising harm caused by alcohol abuse and misuse and associated violence. It found that although the plans clearly targeted Indigenous populations, the law was enacted with the legitimate and non-discriminatory public goal of minimising harm caused by alcohol abuse and misuse and associated violence.
Her lawyers argued earlier this year in the high court that the decision was wrong and that the law deprived her of rights afforded to nearly all non-indigenous Australians. Her lawyers argued earlier this year in the high court that the decision was wrong and that the law deprived her of rights afforded to nearly all non-Indigenous Australians.
The high court rejected this argument, finding federal law was not breached because the plans constituted a "special measure taken for the sole purpose of securing the adequate advancement of a racial group requiring such protection as may be necessary to ensure that group's equal enjoyment or exercise of human rights and fundamental freedoms".The high court rejected this argument, finding federal law was not breached because the plans constituted a "special measure taken for the sole purpose of securing the adequate advancement of a racial group requiring such protection as may be necessary to ensure that group's equal enjoyment or exercise of human rights and fundamental freedoms".
The ruling will come as a relief to the Queensland Police Union, which had feared a dramatic increase in alcohol consumption and related violence had the plans been found to be unlawful.The ruling will come as a relief to the Queensland Police Union, which had feared a dramatic increase in alcohol consumption and related violence had the plans been found to be unlawful.
Our editors' picks for the day's top news and commentary delivered to your inbox each morning.Our editors' picks for the day's top news and commentary delivered to your inbox each morning.
Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe.Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe.
Our editors' picks for the day's top news and commentary delivered to your inbox every weekday.Our editors' picks for the day's top news and commentary delivered to your inbox every weekday.