Geoff Clark
Encyclopedia
Geoff Clark is an Australian Aboriginal politician and activist. Clark led the Aboriginal and Torres Strait Islander Commission
(ATSIC) until it was effectively disbanded in 2004.
. He was a keen boxer
, boxing in Jimmy Sharman
's tent when it came to Warrnambool
. At age 20 he moved to Western Australia
and until he was 26 he worked as a builder's
labourer and as a gardener and played football for WAFL
clubs Claremont
and Subiaco
. Geoff also represented Norwood in the SANFL for 2 games in 1978.
Aboriginal Community Trust
. He co-founded the Aboriginal Provisional Government
in 1983 and in the same year visited Manuel Noriega
, the then dictator
of Panama
. Between 1983 and 1996, he was active locally and internationally in indigenous affairs.
In December 1996 Clark was elected to the Aboriginal and Torres Strait Islander Commission (ATSIC)
board, as the Native Title
spokesman. In December 1999 he became the first chairperson of ATSIC to be elected to that position. He served two terms in this position before the organisation was disbanded in 2003. Clark's tenure was increasingly overshadowed by allegations of misconduct and ongoing criminal proceedings against him.
In August 2003, Clark was suspended as ATSIC chairperson by the Indigenous Affairs Minister, Amanda Vanstone
. The suspension was later overruled in court on the basis of illegality. It was alleged that he attempted to sell off government property under the control of ATSIC, for the benefit of ATSIC, which eventually led to the Australian National Audit Office declaring the organisation in breach of the Australian constitution
. In 2004, after being pre-empted by the Labor
opposition, the Liberal
government began proceedings to abolish ATSIC.
In 2001, press reports in The Age claimed that Clark was responsible for four rape
s that took place in the 1970s and 1980s. McGuiness and Carol Stingel launched separate civil cases against Clark in 2002. Both alleged that he raped four women including McGuiness and Stingel. In 2003 further criminal
charges of rape were filed by the Victoria Police
but the charges were dismissed due to discrepancies in the evidence.
In 2003 it emerged that ATSIC had agreed to partially fund Clark's legal defence relating to a pub brawl where he was present. The commission's offer was later revoked. Nineteen charges were initially filed, with all but 'riotous behavior' and 'obstructing police' eventually dropped. Clark was convicted on both in his first trial, with the riotous behavior charge later dismissed on appeal.
In January 2007 a County Court of Victoria
civil
jury
found that he had led two pack rapes in 1971. The victim, Carol Anne Stingel, suffered from post traumatic stress syndrome, was awarded $20,000 in compensatory damages and around $71,000 to cover legal costs. No punitive damages were awarded. In response to the question of whether it was "the lowest point in his life", Clark sarcastically described the ruling as "the lowest point in the history of this country
".
In February 2007 Clark appealed the findings of the jury
in the Stingel matter. His notice of appeal alleged the verdict to be 'perverse', that the trial judge misdirected the jury
regarding failures to call corroborative witnesses on the part of the complainant, that the trial judge erred in ruling against the admission of certain evidence, and that the fairness of the trial process had been compromised by pre-trial publicity. In December 2007 he lost his appeal against the damages awarded against him.
In September 2011, Clark was one of the successful complainants in a racial discrimination case involving Herald Sun
journalist Andrew Bolt
, who in a 2009 article, claimed that Clark had used his part aboriginal ethnicity to gain social benefits. Clark said he took part in the action because of the general "tone" of Bolt's writing.
Aboriginal and Torres Strait Islander Commission
The Aboriginal and Torres Strait Islander Commission was the Australian Government body through which Aboriginal Australians and Torres Strait Islanders were formally involved in the processes of government affecting their lives...
(ATSIC) until it was effectively disbanded in 2004.
Personal
Geoff Clark was raised by his grandmother, Alice, in an Aboriginal community in western VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. He was a keen boxer
Boxing
Boxing, also called pugilism, is a combat sport in which two people fight each other using their fists. Boxing is supervised by a referee over a series of between one to three minute intervals called rounds...
, boxing in Jimmy Sharman
Jimmy Sharman
James Sharman senior and junior were father and son Australian boxing troupe impresarios....
's tent when it came to Warrnambool
Warrnambool, Victoria
-Cityscape:The original City of Warrnambool was a 4x8 grid, with boundaries of Lava Street , Japan Street , Merri Street and Henna Street . In the nineteenth century, it was intended that Fairy Street – with its proximity to the Warrnambool Railway Station – would be the main street of...
. At age 20 he moved to Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
and until he was 26 he worked as a builder's
Construction worker
A construction worker or builder is a professional, tradesman, or labourer who directly participates in the physical construction of infrastructure.-Construction trades:...
labourer and as a gardener and played football for WAFL
West Australian Football League
The West Australian Football League is an Australian rules football league based in Perth, Western Australia. The WAFL is the second-most popular in the state, behind the nation-wide Australian Football League...
clubs Claremont
Claremont Football Club
The Claremont Football Club, nicknamed the Tigers, is an Australian rules football club in the West Australian Football League . Its official colours are navy blue and gold....
and Subiaco
Subiaco Football Club
The Subiaco Football Club, nicknamed the Lions, is an Australian rules football club in the West Australian Football League . It was founded in 1896, and admitted to the WAFL in 1901, along with North Fremantle...
. Geoff also represented Norwood in the SANFL for 2 games in 1978.
Political career
In 1979 he became the administrator for the FramlinghamFramlingham, Victoria
Framlingham was an Aboriginal reserve established by the Board for the Protection of Aborigines in Victoria, Australia in 1861. It was located beside the Hopkins River in the territory of the Girai wurrung near the boundary with the Gunditjmara, not to far from Warrnambool on the south-west coast...
Aboriginal Community Trust
Trust company
A trust company is a corporation, especially a commercial bank, organized to perform the fiduciary of trusts and agencies. It is normally owned by one of three types of structures: an independent partnership, a bank, or a law firm, each of which specializes in being a trustee of various kinds of...
. He co-founded the Aboriginal Provisional Government
Aboriginal Provisional Government
The Aboriginal Provisional Government is an Indigenous Australian independence movement.-Earlier activity:In 1988 Michael Mansell, Clarrie Isaacs and other activists who later formed the APG, travelled to Libya using Aboriginal passports used by the group...
in 1983 and in the same year visited Manuel Noriega
Manuel Noriega
Manuel Antonio Noriega Moreno is a Panamanian politician and soldier. He was military dictator of Panama from 1983 to 1989.The 1989 invasion of Panama by the United States removed him from power; he was captured, detained as a prisoner of war, and flown to the United States. Noriega was tried on...
, the then dictator
Dictator
A dictator is a ruler who assumes sole and absolute power but without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship...
of Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
. Between 1983 and 1996, he was active locally and internationally in indigenous affairs.
In December 1996 Clark was elected to the Aboriginal and Torres Strait Islander Commission (ATSIC)
Aboriginal and Torres Strait Islander Commission
The Aboriginal and Torres Strait Islander Commission was the Australian Government body through which Aboriginal Australians and Torres Strait Islanders were formally involved in the processes of government affecting their lives...
board, as the Native Title
Native title
Native title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
spokesman. In December 1999 he became the first chairperson of ATSIC to be elected to that position. He served two terms in this position before the organisation was disbanded in 2003. Clark's tenure was increasingly overshadowed by allegations of misconduct and ongoing criminal proceedings against him.
In August 2003, Clark was suspended as ATSIC chairperson by the Indigenous Affairs Minister, Amanda Vanstone
Amanda Vanstone
Amanda Eloise Vanstone is a former Australian politician and a former Ambassador to Italy. She was a Liberal Senator for South Australia from 1984 to 2007, and held several ministerial portfolios in the Howard Government. After her resignation from the Senate in 2007, she served as the Australian...
. The suspension was later overruled in court on the basis of illegality. It was alleged that he attempted to sell off government property under the control of ATSIC, for the benefit of ATSIC, which eventually led to the Australian National Audit Office declaring the organisation in breach of the Australian constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
. In 2004, after being pre-empted by the Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
opposition, the Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
government began proceedings to abolish ATSIC.
Court proceedings
In 2000 Clark was charged with the 1981 rape of his cousin, Joanne McGuinness, but a magistrate found there was insufficient evidence to bring the case to trial.In 2001, press reports in The Age claimed that Clark was responsible for four rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
s that took place in the 1970s and 1980s. McGuiness and Carol Stingel launched separate civil cases against Clark in 2002. Both alleged that he raped four women including McGuiness and Stingel. In 2003 further criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
charges of rape were filed by the Victoria Police
Victoria Police
Victoria Police is the primary law enforcement agency of Victoria, Australia. , the Victoria Police has over 12,190 sworn members, along with over 400 recruits, reservists and Protective Service Officers, and over 2,900 civilian staff across 393 police stations.-Early history:The Victoria Police...
but the charges were dismissed due to discrepancies in the evidence.
In 2003 it emerged that ATSIC had agreed to partially fund Clark's legal defence relating to a pub brawl where he was present. The commission's offer was later revoked. Nineteen charges were initially filed, with all but 'riotous behavior' and 'obstructing police' eventually dropped. Clark was convicted on both in his first trial, with the riotous behavior charge later dismissed on appeal.
In January 2007 a County Court of Victoria
County Court of Victoria
The County Court of Victoria was established in 1852 by the County Courts Act 1852. The court has jurisdiction in the State of Victoria, Australia...
civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
found that he had led two pack rapes in 1971. The victim, Carol Anne Stingel, suffered from post traumatic stress syndrome, was awarded $20,000 in compensatory damages and around $71,000 to cover legal costs. No punitive damages were awarded. In response to the question of whether it was "the lowest point in his life", Clark sarcastically described the ruling as "the lowest point in the history of this country
History of Australia
The History of Australia refers to the history of the area and people of Commonwealth of Australia and its preceding Indigenous and colonial societies. Aboriginal Australians are believed to have first arrived on the Australian mainland by boat from the Indonesian archipelago between 40,000 to...
".
In February 2007 Clark appealed the findings of the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
in the Stingel matter. His notice of appeal alleged the verdict to be 'perverse', that the trial judge misdirected the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
regarding failures to call corroborative witnesses on the part of the complainant, that the trial judge erred in ruling against the admission of certain evidence, and that the fairness of the trial process had been compromised by pre-trial publicity. In December 2007 he lost his appeal against the damages awarded against him.
In September 2011, Clark was one of the successful complainants in a racial discrimination case involving Herald Sun
Herald Sun
The Herald Sun is a morning tabloid newspaper based in Melbourne, Australia. It is published by The Herald and Weekly Times, a subsidiary of News Limited, itself a subsidiary of News Corporation. It is available for purchase throughout Melbourne, Regional Victoria, Tasmania, the Australian Capital...
journalist Andrew Bolt
Andrew Bolt
Andrew Bolt is an Australian newspaper columnist, radio commentator, blogger and television host. Bolt is a columnist and associate editor of the Melbourne-based Herald Sun. He has appeared on the Nine Network, Melbourne Talk Radio, ABC Television, Network Ten and local radio...
, who in a 2009 article, claimed that Clark had used his part aboriginal ethnicity to gain social benefits. Clark said he took part in the action because of the general "tone" of Bolt's writing.