Factsheet 10.5

Indigenous Suffrage Timeline Before time The Australian continent has been, and continues to be, the traditional country – its land, seas and waterways – of Indigenous peoples. 1770 Captain Cook ‘claimed’ the Australian continent for Britain. 1788 European settlement of Australia commenced under the legal doctrine of terra nullius (meaning land of no-one). This doctrine allowed colonists settling the ‘unoccupied’ land to impose their own laws. Traditional Aboriginal systems of tribal land ownership were neither recognised nor acknowledged. 1859 The Queensland colony was created on 6 June. At the time of its establishment, electoral laws, specifically the Elections Act of 1858, prevailed. Although NSW electoral provisions did not specifically exclude Indigenous people, the franchise qualifications tended to exclude them as they required voters to be male, over 21 years of age, naturalised as well as owning property valued at more than 100 pounds. 1885 Queensland enacted the Elections Act 1885. Section 6 specifically excluded “Aboriginal natives” from voting. These disqualifications were carried over into the Elections Act Amendment Act 1905 and the Elections Act 1915. However, Indigenous persons who could be defined as “half-caste” as opposed to “Aboriginal native” could not legally be excluded from voting. 1894 gave women the right to vote and this right was extended to Aboriginal women. 1897 Queensland introduced the Aboriginals Protection and Restriction of the Sale of Opium Act 1897 which removed the basic freedoms of many Indigenous people in relation to movement and labour, custody of their children and control over personal property. 1901 The Commonwealth of Australia was created. Section 127 of the Commonwealth Constitution stated in reckoning the number of people….“Aboriginal natives” shall not be counted. It also stated that the Commonwealth can legislate for any race except Aborigines (s. 51). Therefore, the states retained the power over Aboriginal affairs. 1902 The Commonwealth Franchise Act 1902, which gave women the right to vote, excluded voting by “Aboriginal natives of Australia”. However, provisions allowed Indigenous persons to vote if they were allowed to vote at state elections prior to Federation under section 41 of the Constitution. The Indigenous franchise was further reduced in practice by admitting only those Aboriginal people already enrolled in a State in 1902. This legislation resulted from the then accepted “White Australia” policy that was implemented across the nation. Prior to Federation, only New South Wales, Victoria, South Australia and Tasmania extended the franchise to Aboriginal people. 1915 The Queensland Elections Act 1915 continued to deny “Aboriginal natives” the right to enrol to vote in Queensland. Those who could be defined as “half-caste” as opposed to “Aboriginal native” could not be legally excluded from voting. 1930 The Elections Acts Amendment Act 1930 extended the disqualification from voting to include ; “half-castes” as defined in the Aboriginals Protection

Updated July 2015 P +61 7 3553 6000 www.parliament.qld.gov.au F +61 7 3553 6419 [email protected] 1939 1934 1934 1949 1936 1949 1962 1961 1960 1957 1962 1964

“protection legislation, anyonetheChiefProtector of Aborigines deemedinneedofcontrolor Pacific Islanders,aswellthosewholivedorassociatedwith Aborigines.Underthis 1939. legislation andelectedlocalgovernmentcouncils. This legislationwasenactedin terms ofequalityandautonomymovesweremadetointroducemoreprogressive affairs. The QueenslandGovernmentapparentlymadesomeconcessionstoIslandersin maritime strikeraisingconcernswiththeirrightstocontrolwagesandown artificial racialcategorycalled“ 1934 The (See section11A). and anyonewhowasunderthecontrolsupervisionofProtector of Aborigines. and RestrictionoftheSaleOpium Act 1897 Act 1948 British subjects,became Australian citizensbyvirtueofthe On previously excludedfromvotingunderthe1934legislationtore-enrol. definition allowedsome Aboriginaland Torres StraitIslanderpeoplewhowere using theterminology“ Act 1939 The On New regarding therestrictionsonIndigenousvotingrights. Evidence showsthattheW 1918 P At QCAA FCAATSI), andtheQueenslandCairns Aboriginal and Torres StraitIslanders(QCAATI). rights. SuchgroupsincludedtheFederalCouncilfor Aboriginal Advancement (later organisations formedtochampiontherightsofIndigenouspeople,includingvoting Although noformalIndigenoussuffragemovementevolvedin The National • • The Commonwealth rights. Indigenous andnon-Indigenouspeopleworkedcooperatively toadvanceIndigenous In 1961,theOneP individuals toownandcontrolland. and settlements,compensationroyaltiesfor mineralextractionandtherightof land rights,unrestrictedrightofmovement,self-government oftheislands,missions Queensland Aborigines and Torres StraitIslanderswasestablished. The rightsincluded legislation toencourage Aboriginal peopletoenrol tovote. voting wascompulsory. Despitethisamendment, itwasillegalunderCommonwealth and voteatCommonwealth elections.Enrolmentwasvoluntarybutonce enrolled, recommendations wasthatvoting rightsin allstateand localauthority elections be In November Islanders in Queensland legislation forthepromotion ofthewell-being Aborigines andTorres Strait In rime MinisterChifleyextendedtheCommonwealthfranchiseunder August, theQueensland governmentestablishedacommitteetoinquire i Australia Day(26January)1949allresidentsof Australia, whowerepreviously Aboriginals ProtectionandRestrictionoftheSaleOpium Aboriginals PreservationandProtection furtherextendedvotingdisqualificationsviasection4whichintroducedanew giving Aboriginal peopleavoteatfederalelectionsifthey: had completedmilitaryservice. were entitledtoastatevote(NSW TI’s firstconference heldinCairnsJuly1960,aDeclarationofRightsthe Year’s day, the Torres StraitIslandercommunityparticipatedinanall-island (Cwth),nowknownasthe repealedpreviouslegislation. The 1939 Acts redefinedracialclassifications, ” wasalsoexcludedfromvoting. , theQueensland committeeofinquiry tableditsreport.One ofits Aboriginal DayObservanceCommittee(NADOC)isformed. eople of Australia League(OPAL) formedinBrisbane.IntheLeague, Electoral Act a preponderanceof Aboriginal blood . Indigenous SuffrageTimeline oorabinda Aboriginal CommunitysentapetitiontotheKing cross breed 1962 Australian Citizenship Act 1948 grantedallIndigenouspeopletherighttoenrol , SA,VIC, TAS); and/or ”. The term wasusedtodescribesome Act 1939 ; peoplelivingongovernmentreserves; andthe Queensland ”. The useofthis Nationality andCitizenship Australia, several Torres StraitIslanders Acts Amendment Act . Updated July 2015 Elections Act nto

10.5 Factsheet p | +61 7 3406 7111 www.parliament.qld.gov.au f | +61 7 3406 7731 [email protected] 1967 1966 1966 1965 1965

voting infavourof theamendments. More than90% ofQueenslanderssupported a“yes”vote,with allsix and a‘No’ casewasthereforenot submittedtothepeople. The proposed Census, withSection127 oftheConstitutionstruckoutinitsentirety Secondly The The words“ make lawsforIndigenouspeople: Aboriginal race.Itdidthisintwoways,withthefirstallowingCommonwealthto to removeprovisionsoftheConstitutionwhichdiscriminatedagainstpeople On 27May1967,aCommonwealthConstitutionalreferendumwasheldproposing but ithadbeenachievedearlieratboththefederalandstatelevel. Indigenous peoplesreceivedtherighttovote, This istheyearmostpeoplebelievethat vote ataQueenslandstateelection. were, for firstthe universallyallowedto time, 28 May: enacted. Australians. 51 xxvisothattheCommonwealthP of theQueensland 1 February: Amendment Bill1965 Nicklin, introducedthe On 3December state toenactsuchlegislation. 17 December1965.Queenslandwasthelast in Queensland. The legislation waspassedon Aboriginal peopleand Torres StraitIslanders Islands. This Act extendedvotingrightstoall persons ofthemainlandand Torres Strait Act 1915 a matterofprinciple extended toallIndigenousQueenslanders Department of Aboriginal andIslander Affairs. also ledtothecreationofQueensland Indigenous peoplesremained. This legislation began. Severallegalrestrictionson achieved andanewphaseof abandonment ofprotectionasapolicy day saidthatunderthe1965legislation, 1939 legislation. The Governmentofthe for Indigenouspersons.Itrepealedthe the managementofreservesandwelfare 1965 Affairs Act deemed necessarytomakespeciallaws.’ parts oftheCommonwealth, aboriginalnativesshallnotbecounted.’ s.127 ‘Inreckoningthenumbers ofthepeopleCommonwealth,ora Stateorother other thantheaboriginalraceinanyState, xxvi Thepeopleofanyrace, peace, orderandgoodgovernmentoftheCommonwealth withrespectto: s.51 ‘TheParliamentshall,subjecttothisConstitution, havepowertomakelawsforthe Aborigines’ Aboriginal and Torres StraitIslanders , thereferendumprovidedforIndigenouspersons tobeincludedinthe togivevotingrightsIndigenous other thantheaboriginalraceinanyState” The Indigenoussuffrageprovisions Act waspassedunanimously bybothHousesoftheFederalParliament , QueenslandPremier Frank andTorres StraitIslanders’ waspassedprovidingfor Elections Act 1915 Elections Act . toamendthe Elections Act Indigenous SuffrageTimeline assimilation Elections arliament couldmakespeciallawsfor Aboriginal were was as Elections Act Amendment Bill1965 Queensland werestruckoutofSection Australian states . forwhomitis Updated July 2015

10.5 Factsheet P +61 7 3553 6000 www.parliament.qld.gov.au F +61 7 3553 6419 [email protected] • • • • • • Sources: 1991 1984 1974 1971 1971 1971 2005 2004 1999 1992 1992 Australian Museum,Dreaming Online,2004 availableatwww Australian Electoral Commission, working with Aboriginal andTorres StraitIslandercommunitie Department of Journal ofWomen’s Liberation,Vol. 30,no.2,2004. Margaret R Queensland OfficeforW Queensland OfficeforW

eid, “Caste-ingthevote: Aboriginal and Torres StraitIslanderVoting RightsinQueensland”, Hecate: An Interdisciplinary Queensland P Neville Bonnerwasappointedbythe as thewelfaresystemthroughitsassimilation improve thedevelopmentofreservesaswell Acts, thegovernmentsaiditintendedto Act werepassed.Underthese Islanders Strait In 1971,the vote instateelections. making itcompulsoryforIndigenouspersonsto Queensland’ but wasnotre-elected. election hestoodasanIndependentcandidate for Queensland,servinguntil1983. At the1983 election hewasreturnedasaLiberalSenator sit inany Australian Parliament. At the1972 Australian FederalParliament, andthefirstto him thefirst Aboriginalpersontositinthe Federal Parliament. This appointment made Dame Annabel Rankin,whohadretiredfrom Islander The Parliament passeslegislation –the enrol andvoteatfederalelections. Commonwealth legislationwasenactedmakingitcompulsoryforIndigenouspeopleto person Indigenous first the was Queensland Parliament. He Cook Parliament. of seat Queensland the the to elected in was Deeral Eric candidate Party National – December 7 were maintained. policy. However, legalrestrictionsonIndigenouspeopleslivinginreserves significant Queensland. 1965 17 December-40th Anniversary of thepassing Indigenous people’s participationinQueensland’s democraticprocess. Committee releaseditsreport The QueenslandParliament expressed deepsorrowandregretatthehurt distressthatthiscaused. under whichindigenouschildrenwereforciblyseparated fromtheirfamiliesand Islander peopleinQueenslandonbehalfofallQueenslanders forthepastpolicies 26 May: The Parliament ofQueenslandapologisedto Aboriginal and Strait Islanderpeopleonlegislationthataffectsthem. fundamental legislativeprinciplesrequiringconsultationwith Aboriginal and The QueenslandParliament enactsthe case. recognised byamajorityHighCourtdecisioninthe 3 June:Doctrineof Aboriginal and Torres StraitIslanderPolicy &Departmentof Communities,EngagingQueenslanders: which amendedthe omen FactSheet, omen FactSheet: Act 1991 s Electoral Act wasagainamended Aborigines arliament toreplaceSenator History oftheIndigenous V -providingforIndigenouslandrightsinQueensland. terra nullius Queensland Women’s Rightto Vote, FocusonWomen Information Paper, No1,2005. Voting Rightsof Aboriginal andTorres StraitIslanderpeoplesinQueensland Act andthe Indigenous SuffrageTimeline Elections Act1915 ’s Legal,Constitutionaland Administrative Review Hands onParliament wasvoidedandtheconceptofnativetitle ote, August 2006. .dreamtime.net.au/indigenous/timeline.cfm s, August 2005. Torres AboriginalLand Legislative Standards Act 1992 toprovideuniversalIndigenoussuffragein whichconsideredwaystoincrease Eric Deeral,MemberforCook1974-1977 Mabo vStateofQueensland(No2) Act Amendment Act Elections ActAmendment Act 1991 Queensland andthe Torres Strait whichcontains lce t the to elected Updated July 2015 Torres Strait Introduction to

, 2005. Torres 10.5 Factsheet