DOCSLIB.ORG

Wotjobaluk People & Ot

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Wotjobaluk People & Ot Reason Application Name: Wotjobaluk people & others Application (NNTT) No: VC95/2 Application (Fed Crt) No: VIC Region: VIC/TAS Date Application Made: 28/12/95 Date Registration Test 11/06/99 Decision made: Decision: Accepted Brief history of the application The application was lodged with the National Native Title Tribunal on 28 December 1995. In accordance with the Tribunal’s procedures operating at the time, the application was entered onto the Tribunal’s Register of Native Title Claims on 28 December 1995 and was accepted by the delegate of the Registrar on 6 October 1996. The application was amended several times prior to, and after, acceptance (chiefly in relation to defining the areas the subject of the application). In 1998, having received details of interest holders within the claim area from the State of Victoria, the Tribunal commenced notifying those interest holders in accordance with the Native Title Act 1993. The notification period was not completed at the time that amendments to the Act came into operation and, as a result, the Federal Court took responsibility for settling the list of parties to the application. A Notice of Motion to amend the application was filed in the Federal Court on 22 March 1999. The amendments were consented to by the State and approved by order of the Court on 30 March 1999. When the notice of motion was filed it was accompanied by a Form 1 application which was not a consolidated version of the application. It is apparent from the entry at Schedule S of that application that the Form 1 filed on 22 March is to be read in conjunction with the original application (as amended at that point in time) and not in place of it. A further Notice of Motion to amend the application was filed in the Federal Court on 31 May 1999. The amendments were approved by order of the Court on 4 June 1999. Again, when the notice of motion was filed it was accompanied by a Form 1 application which was not a consolidated version of the application. As above, it is apparent from the entry at Schedule S of the application that the Form 1 filed on 31 May is to be read in conjunction with the original application (as amended at that point in time) and not in place of it. Although there was no consolidated version of the application provided, it is worth noting that in the orders made on 4 June, the Federal Court did specify that the following paragraph be inserted into the application to assist with the description of the area covered by the application: “Part A6 of the original Application describes the area covered by this Application and is incorporated into Schedule B of this Application as amended. The Parish plan maps and other information referred to in, or attached to, Part A6 of the original Application are also incorporated into Schedule B.” Unless otherwise specified, where in these reasons I refer to “the application” I refer to the application (as amended) as at the date of my decision. Information considered in making the decision In determining this application I have considered and reviewed all of the information and documents from the following files, databases and other sources: ¨ VC95/2 - Application (as amended); ¨ VC95/2 - Working Files*; ¨ VC95/2 - Registration Files; ¨ VC97/7 (VG6009/98) – Working and Registration Files; ¨ VC97/16 (VG6018/98) – Working and Registration Files; ¨ VC98/15 (VG6036/98) – Working and Registration Files; ¨ VC99/1 (VG6002/99) – Working and Registration Files; ¨ VC99/3 (VG6005/99) – Working and Registration Files; ¨ The Register of Native Title Claims; ¨ The Native Title Register; ¨ Submissions of the Victorian Government Solicitor dated 4 January 1999 (x2); ¨ Submissions of the Victorian Government Solicitor dated 25 February 1999; ¨ Submissions of the Victorian Government Solicitor dated 25 March 1999; ¨ Submissions of the Victorian Government Solicitor dated 30 April 1999; ¨ Submissions of the Victorian Government Solicitor dated 4 June 1999; ¨ Submissions of the Victorian Government Solicitor dated 11 June 1999 (VC99/3, VC95/2, VC97/7, VC99/1); ¨ Additional information provided in confidence to the Registrar dated 22 March 1999, namely: ¨ Affidavit of (Name deleted to protect the privacy of an individual) affirmed 16 March 1999 ¨ Affidavit of (Name deleted to protect the privacy of an individual) affirmed 16 March 1999 * In reviewing the working files I have also had regard to the numerous applications to become a party to this application. Many of those applications include comments about people’s interest within the claim area or of their opinion of the applicants’ connection to the claim area. Although these statements are relevant to the application of the registration test they are, in my consideration, of very little probative value without any corroborating information and, accordingly, I have attributed little weight to them. S190B(2) Identification of area subject to native title Met Description of the areas claimed: 190B(2) The Registrar must be satisfied that the information and map contained in the application as required by paragraphs 62(2)(a) and (b) are sufficient for it to be said with reasonable certainty whether native title rights and interests are claimed in relation to particular land or waters. Reasons for the Decision Having regard to the original application, and the amendments ordered on 30 March 1999 and 4 June 1999 I am satisfied that it can be said with reasonable certainty whether native title rights and interests are claimed in relation to particular land or waters. Schedule B of the application (including Part A6 of the original application and subsequent amendments) identifies each of the Parishes within the State of Victoria which contain areas of land the subject of this application. A map was submitted with the amendments to the application filed on 31 May 1999 which marked the external boundary of those Parishes. I note that the most recent amendments to the application (7 June 1999) add the following words to Schedule C : “Map C1 contained in Attachment C is a map showing generally the boundaries, along Parish boundaries within which the area covered by this application is located. Not all the land and waters is claimed. For an accurate description of the area covered refer to Schedule B and refer also to those Parish Plan, national park and other maps for an accurate indication of the boundaries.” The application as amended, details the area covered by the application by reference to particular crown allotments within each Parish boundary. Details of these allotments are available on the public record and are sufficient to identify the location of the areas claimed on the surface of the earth. Copies of Parish Plans are provided for most of the Parishes. The Parish Plans provide a geospatial depiction of the parcels of land within each Parish and are part of a public record system upon which members of the community might reasonably rely to deal with land issues. In addition, at Schedule B of the application the applicants have provided a written description of the areas within the external boundary of the claim that are not covered by the application. They have stated at Schedule B(b) that the application does not include any lands subject to a previous exclusive possession act (as defined by the Act). Private freehold land (past or present) is also specifically excluded from the claim area – save where the Act provides that it can be included in the application. Land or waters within the claim area which have been granted to or vested in the Crown in any capacity may be included in the claim area but only in so far as the grant or vesting does not extinguish native title at common law or the use of the land does not extinguish native title at common law. Such class exclusions amount to information that enables the internal boundaries of the application area to be adequately identified. This may require considerable research of tenure data held by the State of Victoria, but nevertheless it is reasonable to expect that the task can be done on the basis of the information provided by the applicants. In addition the application covers certain identified waterways which are defined by reference to either the Victorian Government Gazette or a document prepared by the authority of the Victorian Surveyor-General and Director of Mapping. Members of the community might reasonably rely on either of those records in relation to water issues. On the basis of these definitions and accompanying material, I am satisfied that the internal waterways are described in the application in such a way as to be readily identifiable. As with the land interests, this may require considerable research and mapping but it is nevertheless reasonable to expect that the task can be done on the basis of the information provided by the applicants. The Victorian Government’s submission, of 4 June 1999, states that exclusions by class within the external boundaries of the application are inappropriate. I have considered these submissions. I have also taken into account Nicholson J’s decision on 21 May 1999 in the matter of Daniels and Ors, et al v The State of Western Australia (WAG6017 of 1996), being the only authority available to date on what may satisfy the requirements of s. 62 (2)(a)(i) and (ii) of the Native Title Act 1993. I refer specifically to para 32 and 37 of Nicholson J’s decision in which he states: “These requirements are to be applied to the state of knowledge of an applicant as it could be expected to be at the time the application or amendment is made.
Load more

Recommended publications
  • The Gunditjmara Land Justice Story Jessica K Weir
    The legal outcomes the Gunditjmara achieved in the 1980s are often overlooked in the history of land rights and native title in Australia. The High Court Onus v Alcoa case and the subsequent settlement negotiated with the State of Victoria, sit alongside other well known bench marks in our land rights history, including the Gurindji strike (also known as the Wave Hill Walk-Off) and land claim that led to the development of land rights legislation in the Northern Territory. This publication links the experiences in the 1980s with the Gunditjmara’s present day recognition of native title, and considers the possibilities and limitations of native title within the broader context of land justice. The Gunditjmara Land Justice Story JESSICA K WEIR Euphemia Day, Johnny Lovett and Amy Williams filming at Cape Jessica Weir together at the native title Bridgewater consent determination Amy Williams is an aspiring young Jessica Weir is a human geographer Indigenous film maker and the focused on ecological and social communications officer for the issues in Australia, particularly water, NTRU. Amy has recently graduated country and ecological life. Jessica with her Advanced Diploma of completed this project as part of her Media Production, and is developing Research Fellowship in the Native Title and maintaining communication Research Unit (NTRU) at the Australian strategies for the NTRU. Institute of Aboriginal and Torres Strait Islander Studies. The Gunditjmara Land Justice Story JESSICA K WEIR First published in 2009 by the Native Title Research Unit, the Australian Institute of Aboriginal and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Tel: (61 2) 6246 1111 Fax: (61 2) 6249 7714 Email: [email protected] Web: www.aiatsis.gov.au/ Written by Jessica K Weir Copyright © Australian Institute of Aboriginal and Torres Strait Islander Studies The views expressed in this publication are those of the authors and not necessarily those of the Australian Institute of Aboriginal and Torres Strait Islander Studies.
    [Show full text]
  • Re-Awakening Languages: Theory and Practice in the Revitalisation Of
    RE-AWAKENING LANGUAGES Theory and practice in the revitalisation of Australia’s Indigenous languages Edited by John Hobson, Kevin Lowe, Susan Poetsch and Michael Walsh Copyright Published 2010 by Sydney University Press SYDNEY UNIVERSITY PRESS University of Sydney Library sydney.edu.au/sup © John Hobson, Kevin Lowe, Susan Poetsch & Michael Walsh 2010 © Individual contributors 2010 © Sydney University Press 2010 Reproduction and Communication for other purposes Except as permitted under the Act, no part of this edition may be reproduced, stored in a retrieval system, or communicated in any form or by any means without prior written permission. All requests for reproduction or communication should be made to Sydney University Press at the address below: Sydney University Press Fisher Library F03 University of Sydney NSW 2006 AUSTRALIA Email: [email protected] Readers are advised that protocols can exist in Indigenous Australian communities against speaking names and displaying images of the deceased. Please check with local Indigenous Elders before using this publication in their communities. National Library of Australia Cataloguing-in-Publication entry Title: Re-awakening languages: theory and practice in the revitalisation of Australia’s Indigenous languages / edited by John Hobson … [et al.] ISBN: 9781920899554 (pbk.) Notes: Includes bibliographical references and index. Subjects: Aboriginal Australians--Languages--Revival. Australian languages--Social aspects. Language obsolescence--Australia. Language revival--Australia. iv Copyright Language planning--Australia. Other Authors/Contributors: Hobson, John Robert, 1958- Lowe, Kevin Connolly, 1952- Poetsch, Susan Patricia, 1966- Walsh, Michael James, 1948- Dewey Number: 499.15 Cover image: ‘Wiradjuri Water Symbols 1’, drawing by Lynette Riley. Water symbols represent a foundation requirement for all to be sustainable in their environment.
    [Show full text]
  • Parks Victoria Annual Report 2002-03
    2002/03 Annual Report Acknowledgement of Country and Indigenous Traditional Owners Parks Victoria respectfully acknowledges the original custodians of what is now known as Victoria; their rich culture, deep affinity with the land and spiritual connection to it. Parks Victoria is committed to establishing strong relationships and partnerships with the descendants of the original custodians to facilitate their active involvement in the future management of protected areas in Victoria. Vision An outstanding park and waterway system, protected and enhanced, for people, forever. Purpose We exist to: - conserve, protect and enhance environmental and cultural assets -responsibly meet the needs of our customers for quality information, services and experiences -provide excellence and innovation in park management - contribute to the social and economic well-being of Victorians. ISSN 1448 – 9090 Also published on www.parkweb.vic.gov.au Copyright © Parks Victoria 2003, this publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. General Disclaimer This document may be of assistance to you, but Parks Victoria and its employees do not guarantee that the information it contains is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this document. Photographs Photographs from the Parks Victoria and Department of Sustainability and Environment collection except where noted. Cover: Leather Kelp by William Boyle, Alfred Nicholas Gardens, Lookout at You Yangs Regional Park. Inside cover: Ironbark woodland at St Arnaud Range National Park by Peter Kinchington.
    [Show full text]
  • Traditional Owner Objectives and Outcomes
    Traditional Owner objectives and outcomes: Compilation of contributions to Victoria’s water resource plans Photos Cover: Mirring – Country, DELWPs Aboriginal Cultural Identity Artwork credit: Tom Day of the Gunditjmara, Yorta Yorta and Wemba Wemba tribes. Acknowledgment We acknowledge and respect Victorian Traditional Owners as the original custodians of Victoria's land and waters, their unique ability to care for Country and deep spiritual connection to it. We honour Elders past and present whose knowledge and wisdom has ensured the continuation of culture and traditional practices. We are committed to genuinely partner, and meaningfully engage, with Victoria's Traditional Owners and Aboriginal communities to support the protection of Country, the maintenance of spiritual and cultural practices and their broader aspirations in the 21st century and beyond. © The State of Victoria Department of Environment, Land, Water and Planning 2019 This work is licensed under a Creative Commons Attribution 4.0 International licence. You are free to re-use the work under that licence, on the condition that you credit the State of Victoria as author. The licence does not apply to any images, photographs or branding, including the Victorian Coat of Arms, the Victorian Government logo and the Department of Environment, Land, Water and Planning (DELWP) logo. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ Disclaimer This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.
    [Show full text]
  • Aboriginal Affairs Victoria the Victorian Government Indigenous
    Aboriginal Affairs Victoria The Victorian Government Indigenous Affairs Report July 2004 – June 2005 Figure 1: Front cover artwork Cover: “Walk With Me” Aunty Valda Cook, Wurundjeri/BoonurongReproduced courtesy of the artist. “The words on the painting says it all, however you will note that in the top left hand corner this area depicts an elders meeting council, you will also see the Sun rising from the east of Victoria as it goes over the bay and into the central Australia.” This publication is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968, no part may be reproduced, copied, transmitted in any form or by any means (electronic, mechanical or graphic) without the prior written permission of the State of Victoria, Department for Victorian Communities. All requests and enquiries should be directed to the Copyright Officer, Department for Victorian Communities, 1 Spring Street, Melbourne, Victoria 3001. General Disclaimer: This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. Foreword I am pleased to present the Victorian Government Indigenous Affairs Report: July 2004–June 2005. This report provides information on key initiatives in Indigenous affairs over the past year, a highlight of which was the amendment to Victoria’s Constitution recognising Aboriginal people’s unbroken connection to the land which became the colony of Victoria.
    [Show full text]
  • See Also Kriol
    Index A 125, 127, 133–34, 138, 140, 158–59, 162–66, 168, 171, 193, Aboriginal and Torres Strait Islander 214, 218, 265, 283, 429. Commission (ATSIC) 107, 403, case studies 158 405 Dharug 182, 186–87 Training Policy Statement 2004–06 Miriwoong 149 170 Ngarrindjeri 396 Aboriginal Education Consultative Group Wergaia 247 (AECG) xiii, xviii, 69, 178, 195, Wiradjuri 159, 214, 216–18, 222–23 205 adverbs 333, 409, 411 Dubbo 222 Alphabetic principle 283–84 Aboriginal Education Officers (AEOs) Anaiwan (language) 171 189, 200, 211, 257 Certificate I qualification 171 Aboriginal English xix, 6, 9, 15–16, 76, Anangu Pitjantjatjara Yankunytjatjara 91, 147, 293, 303, 364, 373, 383. (APY) 86. See also Pitjantjatjara See also Kriol (language) Aboriginal Land Rights [Northern Territory] Arabana (language) 30 Act 228, 367 language program 30 Aboriginal Languages of Victoria Re- See source Portal (ALV-RP) 310, 315, archival records. language source 317, 320 materials portal architecture 317–319 Arrernte (language) 84–85 Victorian Word Finder 316 Arwarbukarl Cultural Resource Associa- See also Aboriginal Languages Summer School tion (ACRA) 359. Miro- 108, 218 maa Language Program Aboriginal Resource Development Ser- Aboriginal training agency 359 vices (ARDS) xxix workshops 359 absolutive case 379 Audacity sound editing software 334, accusative case 379 393 adjectives audio recordings 29–30, 32, 56, 94, 96, Gamilaraay 409, 411 104, 109–11, 115–16, 121, 123– Ngemba 46 26, 128, 148, 175, 243–44, 309, Wiradjuri 333 316, 327–28, 331–32, 334–35, Yuwaalaraay 411 340, 353, 357–59, 368, 375, 388, See also Adnyamathanha (language) 57 403, 405, 408, 422.
    [Show full text]
  • Clarke on Behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples V Victoria [2005] FCA 1795 Merkel J, 13 December 2005
    Determination of native title – Victoria Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria [2005] FCA 1795 Merkel J, 13 December 2005 Issue The issue before the Federal Court was whether to make orders as agreed by the parties pursuant to s. 87 of the Native Title Act 1993 (Cwlth) (NTA) over an area of land and waters in Western Victoria. The significance of this was that that, if made, the orders would constitute the first determination, whether by consent or otherwise, made recognising the existence of native title in Victoria. Background The orders sought in this case would finalise three claimant applications, the first of which was made in 1995. The orders sought included: • a determination recognising the existence of native title over part of the area covered by one of the applications; and • a determination that native title did not exist over the remainder of the area covered by the applications. Court's power to make orders—s. 87 Pursuant to s. 87, if the parties reach agreement on the terms of an order, the court may make the order without holding a hearing. In this case, the pre-conditions to making an order under s. 87 were satisfied in that: • the terms of the agreement were in writing, signed by or on behalf of the parties and filed in the court; • an order in the terms agreed upon was within the court's power - it had jurisdiction and there was nothing in the terms of the orders, which reflected s. 225, to suggest it did not have power; • it was ‘appropriate’ to make the orders because ‘the terms of the orders were clear and unambiguous and ..
    [Show full text]
  • VCMC Position Paper on Indigenous Engagement in Victoria
    A VCMC Position/Perspective Paper on Indigenous Engagement in Victoria Victorian Catchment Management Council Cover image: Collon Mullet, indigenous member of the Victorian Catchment Management Council, at Halls Gap in July 2006 This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. © State of Victoria, Victorian Catchment Management Council 2006 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. ISBN 978-1-74152-715-5 (hardcopy) ISBN 978-1-74152-721-X (Internet) A VCMC Position/Perspective Paper on Indigenous Engagement in Victoria 2 Table of Contents 1. Victoria’s Catchment Management Framework...........................5 2. The Study...........................................................................................6 2.1 Project Background..................................................................................................................6 2.2 Objectives..................................................................................................................................6 2.3 Audience....................................................................................................................................6
    [Show full text]
  • May/June 2002 May/June 2002
    arch/April 2002 May/June 2002 No.3/2002 May/June 2002 No.3/2002 The Native Title Newsletter is published on a bi-monthly basis. The newsletter includes a Contents summary of native title as reported in the News from the Native Title press. Although the summary canvasses me- Research Research Unit Unit 2 dia from around Australia, it is not intended to be an exhaustive review of de- Features velopments. NativeAn update Title onBusiness the British -Travelling Columbia Art The Native Title Newsletter also includes Treaty Process by Mark McMillan 3 Exhibition 5 contributions from people involved in native title research and processes. Views ex- YortaMaMu Yorta Canopy – CourtWalk Report 7 pressed in the contributions are those of the by Lisa Strelein 7 Ngarla Pilbara Leadership Training authors and do not necessarily reflect the CourseNative title in the news 119 views of the Australian Institute of Aborigi- nal and Torres Strait Islander Studies. NativeApplications title in the news 10 13 Notifications 14 Applications 15 Recent publications 14 NativeNotifications Title Research Unit publications 16 STOP PRESS Recent Publications 16 The Native Title Conference 2002: Outcomes and Possibilities Geraldton 3 -5 September Native Title Research Unit publications 17 Registrations close 16 August The Newsletter is now available in ELECTRONIC format. This will provide a FASTER service for you, and will make possible much greater distribution. If you would like to SUBSCRIBE to the Native Title Newsletter electronically, please send us an email on [email protected], and you will be helping us pro- vide a better service. Electronic subscription will replace the postal service, please include your postal address so we can cross check our records.
    [Show full text]
  • 1. the Social Effects of Native Title: Recognition, Translation, Coexistence
    1. The social effects of native title: recognition, translation, coexistence Benjamin R. Smith and Frances Morphy Native title has had a profound social impact in Australia. Its effects have been felt from the local level through to the national level ever since the success of the Mabo No.2 case in the Federal Court. But despite the involvement of large numbers of anthropologists in the field of native title practice (alongside lawyers, historians, archaeologists and others trained in the social sciences and humanities) there has been surprisingly little reflection on the social effects of native title. Native title law and native title claims, negotiation of Indigenous Land Use Agreements (ILUAs) and other processes associated with the Native Title Act 1993 (Cth) (NTA) and its amendments all present themselves as candidates for analysis by social scientists. But although there is now an extensive literature on native title, almost all of this literature is concerned with Native Title practice.1 Far fewer scholars and practitionersÐmany of whom are publishing academics as well as consultants or employees of various agencies engaged in native title workÐhave engaged with native title as a social phenomenon potentially (we would argue necessarily) deserving of critical reflection. This collection seeks to make a contribution towards the study of the social effects of native title. Based on a workshop which took place in November 2005 at The Australian National University, convened by the Centre for Aboriginal Economic Policy Research, the collection includes papers by anthropologists, claimants and other practitioners and scholars dealing with the direct and indirect effects of native title on particular places and people.
    [Show full text]
  • A Linguistic Bibliography of Aboriginal Australia and the Torres Strait Islands
    OZBIB: a linguistic bibliography of Aboriginal Australia and the Torres Strait Islands Dedicated to speakers of the languages of Aboriginal Australia and the Torres Strait Islands and al/ who work to preserve these languages Carrington, L. and Triffitt, G. OZBIB: A linguistic bibliography of Aboriginal Australia and the Torres Strait Islands. D-92, x + 292 pages. Pacific Linguistics, The Australian National University, 1999. DOI:10.15144/PL-D92.cover ©1999 Pacific Linguistics and/or the author(s). Online edition licensed 2015 CC BY-SA 4.0, with permission of PL. A sealang.net/CRCL initiative. PACIFIC LINGUISTICS FOUNDING EDITOR: Stephen A. Wurm EDITORIAL BOARD: Malcolm D. Ross and Darrell T. Tryon (Managing Editors), John Bowden, Thomas E. Dutton, Andrew K. Pawley Pacific Linguistics is a publisher specialising in linguistic descriptions, dictionaries, atlases and other material on languages of the Pacific, the Philippines, Indonesia and Southeast Asia. The authors and editors of Pacific Linguistics publications are drawn from a wide range of institutions around the world. Pacific Linguistics is associated with the Research School of Pacific and Asian Studies at The Australian NatIonal University. Pacific Linguistics was established in 1963 through an initial grant from the Hunter Douglas Fund. It is a non-profit-making body financed largely from the sales of its books to libraries and individuals throughout the world, with some assistance from the School. The Editorial Board of Pacific Linguistics is made up of the academic staff of the School's Department of Linguistics. The Board also appoints a body of editorial advisors drawn from the international community of linguists.
    [Show full text]
  • Case Studies Into the Invisible Presence of Aboriginal People
    School of Media, Creative Arts and Social Inquiry Faculty of Humanities Connecting the Dots: Case Studies into the ‘Invisible Presence’ of Aboriginal People Living in Victoria Jessi Coyle This thesis is presented for the Degree of Doctor of Philosophy of Curtin University January 2019 To the best of my knowledge and belief this thesis contains no material previously published by any other person except where due acknowledgement is made. This thesis contains no material which has been accepted for the award of any other degree or diploma in any university. Signed: Date: 15 January 2019 ABSTRACT Aboriginal Victorians have been rendered as an ‘invisible presence’ by the various discourses of race and culture that emerged in 19th-century forms of colonialism, which remain influential today. This thesis demonstrates how (white) belonging is constructed within national narratives by drawing on case study analyses of contemporary Victoria’s central and western goldfields districts, and of Aboriginal Victorian participation in Australian (Rules) Football. Semi-structured interviews were conducted across two case studies, with 28 Aboriginal participants and four non- Aboriginal participants. Interviews were analysed using a grounded theory framework, which prioritises culturally respectful and transparent research by positioning the research around participant testimony rather than the 19th-century colonial research conventions that are still influential and popular today. Working within critical theory, this thesis draws on race and settler colonialism to position the invisible presence of Aboriginal people within the ‘(white) settler colonial psyche’. A central feature of the (white) settler colonial psyche is the maintenance of settler sovereignty, as imagined through (white) belonging.
    [Show full text]