1. Paul Sheiner and I are contemplating how to put together litigation in the nature of a class action to
extend the argument we have run in Robinson v ACMC to have declared unlawful the removal of
Aboriginal sites from the Aboriginal Sites Register, based on the application of the test in the Guidelines,
which the DAA is interpreting as requiring ritual or ceremonial activity on a site for it to come within the
AHA.
We have one other client who is concerned to protect sites on the Swan River. We were wondering if,
through your networks, you could identify individual Aboriginal custodians of sites who have received
notice that sites they have submitted for registration are to be remove from the Aboriginal Sites Register.
We were hoping to accumulate a collection of applicants with standing to seek a declaration that the
removal of the sites is unlawful.
It would be useful to have a representative collection of sites in different parts of the State. It would also
be helpful to have a report or reports from Anthropologists citing examples of a significant number of
sites throughout out the State which would be removed from the Register if the ‘ritual or ceremonial
activity’ test in the guidelines continues to be applied.
GREG McINTYRE, S.C.
John TooheyChambers
27-29 St George’s Tce
PERTH WA 6000
Tele 61 (0) 408 097046
Fax 61 (0) 8 9228 2713
Email mcintyre@internetexpress.net.au
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