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Jawoyn Traditional Owners’ High Court win affirms protection of sacred sites in the NT
Today’s successful High Court appeal settles that the Director of National Parks cannot rely on so-called ‘Crown immunity’ to avoid criminal penalties for damaging sacred sites in the Northern Territory.
In December 2023, Jawoyn Traditional Owners of Gunlom Falls in Kakadu National Park travelled to Australia’s highest court in Canberra, seeking justice for work carried out on a sacred site in 2019.
Today’s unanimous verdict overturns a Supreme Court of the Northern Territory ruling that found that the Director of National Parks, could not be held criminally responsible for offences under the Northern Territory Aboriginal Sacred Sites Act 1989.
The High Court appeal was brought by Jawoyn Traditional Owners including Bernadette Calma, Bessie Coleman, Joseph Fergusson, Martin Fergusson, Balang Joshua Hunter, Rachael Wilika Kendino, Michael Page and Joseph Markham, and the Aboriginal Areas Protection Authority. The NLC intervened in the proceedings.
Rachael Wilika welcomed the ruling at a press conference in Darwin earlier today. “This decision makes me feel yillk-makgu – good and strong in spirit,” she said. “It’s been passed down from them old people, strong spirit and to fight whatever comes, and to keep culture strong.”
“This is good news. Gunlom is a special place for all of us and we thank the High Court for their decision,” added Balang Joshua Hunter. “It is important that Gunlom is preserved for future generations to uphold law, culture and protocols.”
The NLC celebrates this positive outcome for Traditional Owners in the Northern Territory, and acknowledges that protecting sacred sites, history and culture are of vital importance to all Australians.
Building on this progress, the Council urges the Commonwealth Government to learn from this outcome and take steps to adopt greater protections for sacred sites in all states and territories.
Quotes attributable to Matthew Ryan, Chair of the NLC
- This ruling just shows that the Director of National Parks, nor any other similar entity, cannot weasel out of their obligations by using out-of-date, out-of-touch legal loop holes like Crown immunity.
- It’s encouraging to see these Traditional Owners get justice.
- We stand in solidarity with Aboriginal and Torres Strait Islander people across the country, and hope this can pave the way for greater protection of sacred sites everywhere.