Notes

[1] Housing Agreement (Commonwealth and WA) Act 1990.

[2] Submissions by Homeswest to EOCWA section 80 Enquiry, May 2003, page 7.

[3] Submissions by Homeswest, op cit, page 7.

[4] ibid.

[5] Homeswest's submissions, op cit, page 8.

[6] Homeswest Submissions, op cit, page 12.

[7] The Equal Opportunity Tribunal is a statutory body created by the Equal Opportunity Act 1984 (WA), and independent from the Equal Opportunity Commission.

[8] (1999) EOC 92-975.

[9] (1999) EOC 93-023.

[10] (2003) EOTWA, Unreported, delivered on 2nd May 2003.

[11] Op cit supra, at 79,479.

[12] Tenant's Advice Service WA (Inc).

[13] Page 63, paragraph 195 of the Penny decision.

[14] Page 64, paragraph 197 of the Penny decision.

[15] Page 66, paragraph 204 of the Penny decision.

[16] Pages 66 and 67, paragraph 206 of the Penny decision.

[17] Sections 3(a) and (d) of the Act.

[18] Section 36(2) of the Act, defining indirect discrimination. To erase any doubt, I am suggesting that the statutory legal framework indirectly discriminates against Aboriginal complainants.

[19] TAS Talk (TAS Newsletter), Issue Number 6, May 2003, pages 1 and 3.

[20] TAS Talk, op cit supra, page 3.

[21] Aboriginal activists such a Noel Pearson have consistently acknowledged and adopted this view in books such as The Right to be Responsible.

[22] As quoted at the beginning of this paper.

[23] The title of I.V.U Lennin's book "What is to be Done".