Mabo Decision, Land Rights and Native Title
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Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples Submission 394 - Attachment 1
Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples Submission 394 - Attachment 1 Attachment 1 - Timeline and Overview of findings Australian Human Rights Commission Submission to the Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples – July 2018 Event Summary of event / response of Social Justice Commissioner 1991 The Royal Commission Both reports state an ongoing historical connection between past racist into Aboriginal Deaths in policies and legislation and current systemic discrimination and intersecting Custody (RCIADIC) issues of disadvantage experienced by Aboriginal and Torre Strait Islander releases its report peoples. Human Rights and Equal NIRV states that Aboriginal and Torres Strait Islander peoples experience an Opportunity Commission's endemic racism, causing serious racial violence associated with structural (HREOC) National Inquiry discrimination across Australian society. into Racist Violence (NIRV) releases its report The RCIADIC puts forward 339 recommendations. This includes developing pathways to achieving Aboriginal and Torres Strait Islander self- determination, and the critical need to progress reconciliation to achieve the systemic changes recommended in the report.1 The Council of Aboriginal The Act states that CAR has been established because: Reconciliation (CAR) is Aboriginal and Torres Strait Islander peoples occupied Australia before established under the British settlement at Sydney Cove -
Native Title Act 1993
Legal Compliance Education and Awareness Native Title Act 1993 (Commonwealth) Native Title Act 1993 (Cth) How does the Act apply to the University? • On occasion, the University assists with Native Title claims, by undertaking research & producing reports • Work is undertaken in conjunction with ARI, Native Title representative bodies & claims groups • Representative bodies define the University’s obligations & responsibilities with respect to Intellectual Property, ethics, confidentiality & cultural respect • While these obligations are contractual, as opposed to legislative, the University would be prudent to have an understanding of the Native Title Act, how a determination of Native Title is made & the role that the Federal Court has in the management of all applications made under the Act University of Adelaide 2 Native Title Act 1993 (Cth) A brief history of Native Title: Pre -colonisation • Aboriginal people & Torres Strait Islanders occupied Australia for at least 40,000 to 60,000 years before the first British colony was established in Australia • Traditional laws & customs were characterised by a strong spiritual connection to 'country' & covered things like: – caring for the natural environment and for places of significance – performing ceremonies & rituals – collecting food by hunting, fishing & gathering – providing education & passing on law & custom through stories, art, song & dance • In 1788 the British claimed sovereignty over part of Australia & established a colony University of Adelaide 3 Native Title Act 1993 (Cth) A brief history of Native Title: Post-colonisation • In 1889, the British courts applied the doctrine of terra nullius to Australia, finding that as a territory that was “practically unoccupied” • In 1979, the High Court of Australia determined that Australia was indeed a territory which, “by European standards, had no civilised inhabitants or settled law” 1992 – The Mabo decision • The Mabo v Queensland (No. -
Eddie Mabo and Others V. the State of Queensland, 1992. 1 the Significance of Court Recognition of Landrights in Australia
Kunapipi Volume 14 Issue 1 Article 3 1992 Eddie Mabo and Others v. the State of Queensland, 1992. 1 The Significance of Court Recognition of Landrights in Australia Merete Falck Borch Follow this and additional works at: https://ro.uow.edu.au/kunapipi Part of the Arts and Humanities Commons Recommended Citation Borch, Merete Falck, Eddie Mabo and Others v. the State of Queensland, 1992. 1 The Significance of Court Recognition of Landrights in Australia, Kunapipi, 14(1), 1992. Available at:https://ro.uow.edu.au/kunapipi/vol14/iss1/3 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Eddie Mabo and Others v. the State of Queensland, 1992. 1 The Significance of Court Recognition of Landrights in Australia Abstract In Australia, Aborigines and Torres Strait Islanders have made much less use of the courts in the struggle for recognition of their rights to the land than, for example, the Indians in North America have. There have only been two major landrights cases in Australia; the first one, Milirrpum and others .v Nabalco and the Commonwealth, was brought by the Yolngu of north-eastern Arnhemland in 1969 in protest against the granting by the federal government of a mining lease to Nabalco on their land. The case was decided by the Supreme Court of the Northern Territory in 1971. The second case, Mabo and others v. the State of Queensland was an action initiated in 1982 by the Meriam people from the Torres Strait Islands to prevent an increase in government powers over their land. -
From Mabo to Yorta Yorta: Native Title Law in Australia
Washington University Journal of Law & Policy Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples January 2005 From Mabo to Yorta Yorta: Native Title Law in Australia Lisa Strelein Australian Institute of Aboriginal and Torres Strait Islander Studies Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Indian and Aboriginal Law Commons Recommended Citation Lisa Strelein, From Mabo to Yorta Yorta: Native Title Law in Australia, 19 WASH. U. J. L. & POL’Y 225 (2005), https://openscholarship.wustl.edu/law_journal_law_policy/vol19/iss1/14 This Rights of Indigenous Peoples - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. From Mabo to Yorta Yorta: Native Title Law in Australia Dr. Lisa Strelein* INTRODUCTION In more than a decade since Mabo v. Queensland II’s1 recognition of Indigenous peoples’ rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward2 and Yorta Yorta3 in 2002 sought to clarify the nature of native title and its place within Australian property law, and within the legal system more generally. Since these decisions, lower courts have had time to apply them to native title issues across the country. This Article briefly examines the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources. -
Tripartite Test
HIGH COURT OF AUSTRALIA 11 February 2020 LOVE v COMMONWEALTH OF AUSTRALIA; THOMS v COMMONWEALTH OF AUSTRALIA [2020] HCA 3 Today, the High Court, by majority, answered a question in two special cases to the effect that Aboriginal Australians (understood according to the tripartite test in Mabo v Queensland [No 2] (1992) 175 CLR 1) are not within the reach of the power to make laws with respect to aliens, conferred on the Commonwealth Parliament by s 51(xix) of the Constitution ("the aliens power"). That is the case even if the Aboriginal Australian holds foreign citizenship and is not an Australian citizen under the Australian Citizenship Act 2007 (Cth). The tripartite test requires demonstration of biological descent from an indigenous people together with mutual recognition of the person's membership of the indigenous people by the person and by the elders or other persons enjoying traditional authority among those people. The plaintiffs, Mr Thoms and Mr Love, were both born outside Australia and are not Australian citizens. Mr Thoms was born in New Zealand on 16 October 1988 and became a New Zealand citizen by birth. He has resided permanently in Australia since 23 November 1994. Mr Thoms is a descendant of the Gunggari People through his maternal grandmother. He identifies as a member of that community and is accepted as such by members of the Gunggari People. He is also a common law holder of native title. Mr Love was born on 25 June 1979 in the Independent State of Papua New Guinea. He is a citizen of that country but has been a permanent resident of Australia since 25 December 1984. -
TORRES STRAIT REGIONAL AUTHORITY Docip ARCHIVES
TORRES STRAIT REGIONAL AUTHORITY doCip ARCHIVES 19'" SESSION OF THE WORKING GROUP ON INDIGENOUS POPULATIONS 23-27 JULY, 2001 GENEVA ADDRESS BY THE CHAIRPERSON OF THE TORRES STRAIT REGIONAL AUTHORITY MR TERRY WAIA Madame Chair Distinguished Members of the Working Group Minister Ruddock Indigenous Members of the World Ladies and Gentlemen Once again, this is indeed an honour and a pleasure. To meet with all of you here today who have travelled from every comer of the globe to share your experiences, hopes and aspirations, is not only a rewarding experience but is most encouraging as we continue to persevere towards our many and varied goals. My name is Terry Waia and I stand here today as a representative of the people of the Torres Strait Islands in Australia. This is the second time that I have had the privilege to represent my people at a session of this Working Group and I welcome this opportunity to inform you of the progress we are making in our region. The Torres Strait is a unique and beautiful part of the world, home for my people, the Torres Strait Islanders. We are of Melanesian origin and our population of approximately 8000 live amongst 17 island communities scattered across a 150km expanse of sea separating mainland Australia from the south coast of Papua New Guinea. In the Torres Strait I hold two key positions, that of Chairperson of Saibai Island, one of the region's northern most islands, and Chairperson of the Torres Strait Regional Authority (TSRA), a Commonwealth Government authority that was established in 1994 by the Parliament of Australia. -
Notice to Grant Amalgamation Applications 5
attendance and improve peer relationships • Engage with families of young people involved in workshops • Maintain statistical records and data on service delivery Applications can be lodged online at • Program runs for up to 12 months Applications Now Open liveandworkhnehealth.com.au/work/ POSITION VACANT Desirable Criteria: Apply now to be part of the exciting first NSW Public opportunities-for-aboriginal-torres-strait-islander-people/ • Ability to connect and engage with young Application Information Packages are available Aboriginal and Torres Strait Service Talent Pools. people at this web address or by contacting Islander Workshop Successfully applying for a talent pool is a great way to the application kit line on (02) 4985 3150. • Experience in conducting workshops namely in be considered for a large number of roles across the Facilitator school settings • Recognised tertiary qualifications in working NSW Public Service by submitting only one application. Ward Clerk Part-Time (3 days a week, 6 hours a day) The role: with young people Administrative Support Officer Muswellbrook • Skills in delivering innovative and artistic • To provide cultural workshops with one other – Open 16 to 29 September 2015 Enquires: Dianne Prangley, (02) 6542 2042 workshops through diverse cultural and artistic Policy Officer facilitator in local schools (Mt Druitt) expression Reference ID: 279881 • Workshops aim are to engage with students – Open 28 September to 12 October 2015 To apply please send your resume by Sunday 20th Applications may close early should 500 applications and improve identification with Aboriginal Closing Date: 14 October 2015 September to: [email protected] phone Julie be received culture; involve young people in NAIDOC week celebrations, increase school retention Dubuc on 0404 087 416. -
Witnessing the Apology
PHOTOGRAPHIC Essay Witnessing the Apology Juno gemes Photographer, Hawkesbury River I drove to Canberra alight with anticipation. ry, the more uncomfortable they became — not The stony-hearted policies of the past 11 years with me and this work I was committed to — but had been hard: seeing Indigenous organisations with themselves. I had long argued that every whose births I had witnessed being knee-capped, nation, including Australia, has a conflict history. taken over, mainstreamed; the painful ‘histori- Knowing can be painful, though not as painful as cal denialism’ (Manne 2008:27). Those gains memory itself. lost at the behest of Howard’s basically assimila- En route to Canberra, I stopped in Berrima tionist agenda. Yet my exhibition Proof: Portraits — since my schooldays, a weathervane of the from the Movement 1978–2003 toured around colonial mind. Here apprehension was evident. the country from the National Portrait Gallery in The woman working in a fine shop said to me, Canberra in 2003 to 11 venues across four States ‘I don’t know about this Apology’. She recounted and two countries, finishing up at the Museum of how her husband’s grandfather had fallen in love Sydney in 2008, and proved to be a rallying point with an Aboriginal woman and been turfed out for those for whom the Reconciliation agenda of his family in disgrace. Pain shadowed so many would never go away. For those growing pockets hearts in how many families across the nation? of resistance that could not be extinguished. ‘You might discover something for you in this’, Prime Minister Kevin Rudd’s new Labor Gov- I replied. -
Appendix a (PDF 85KB)
A Appendix A: Committee visits to remote Aboriginal and Torres Strait communities As part of the Committee’s inquiry into remote Indigenous community stores the Committee visited seventeen communities, all of which had a distinctive culture, history and identity. The Committee began its community visits on 30 March 2009 travelling to the Torres Strait and the Cape York Peninsula in Queensland over four days. In late April the Committee visited communities in Central Australia over a three day period. Final consultations were held in Broome, Darwin and various remote regions in the Northern Territory including North West Arnhem Land. These visits took place in July over a five day period. At each location the Committee held a public meeting followed by an open forum. These meetings demonstrated to the Committee the importance of the store in remote community life. The Committee appreciated the generous hospitality and evidence provided to the Committee by traditional owners and elders, clans and families in all the remote Aboriginal and Torres Strait communities visited during the inquiry. The Committee would also like to thank everyone who assisted with the administrative organisation of the Committee’s community visits including ICC managers, Torres Strait Councils, Government Business Managers and many others within the communities. A brief synopsis of each community visit is set out below.1 1 Where population figures are given, these are taken from a range of sources including 2006 Census data and Grants Commission figures. 158 EVERYBODY’S BUSINESS Torres Strait Islands The Torres Strait Islands (TSI), traditionally called Zenadth Kes, comprise 274 small islands in an area of 48 000 square kilometres (kms), from the tip of Cape York north to Papua New Guinea and Indonesia. -
Torres Strait Islanders: a New Deal
The Parliament of the Commonwealth of Australia TORRES STRAIT ISLANDERS: A NEW DEAL A REPORT ON GREATER AUTONOMY FOR TORRES STRAIT ISLANDERS House of Representatives Standing Committee on Aboriginal & Torres Strait Islander Affairs August 1997 Canberra Commonwealth of Australia 1997 ISBN This document was produced from camera-ready copy prepared by the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs and printed by AGPS Canberra. The cover was produced in the AGPS design studios. The graphic on the cover was developed from a photograph taken on Yorke/Masig Island during the Committee's visit in October 1996. CONTENTS FOREWORD ix TERMS OF REFERENCE xii MEMBERSHIP OF THE COMMITTEE xiii GLOSSARY xiv SUMMARY AND RECOMMENDATIONS xv CHAPTER 1 – INTRODUCTION REFERRAL TO COMMITTEE.......................................................................................................................................1 CONDUCT OF THE INQUIRY ......................................................................................................................................1 SCOPE OF THE REPORT.............................................................................................................................................2 PRELIMINARY OBSERVATIONS .................................................................................................................................3 Commonwealth-State Cooperation ....................................................................................................................3 -
Alycia Ashcroft 1 Page Suggestions for New Electorate Name
Suggestion 37 Alycia Ashcroft 1 page Suggestions for new electorate name: 1. Eleanor Harding 1934 – 1996 a. Equal rights and education campaigner Eleanor Harding was a respected community figure who poured her energy into achieving a better deal for Aboriginal and Torres Strait Islander peoples. She was especially passionate about women's issues and education. Eleanor was a member of the Aborigines Advancement League and the Victorian branch of the Federal Council for the Advancement of Aborigines and Torres Strait Islanders (FCAATSI) in the 1960s. During this time she worked on a national campaign to ensure equal rights for Indigenous Australians. She is also known for her work in pushing for improving Indigenous Australians rights through constitutional change. The 1967 Referendum on the Constitution ensued. As an executive member of the National Aboriginal and Islander Women's Council, Eleanor was part of women's rights advocacy group that protested against the Bicentennial celebrations in 1970 in Sydney and the women’s contingent that travelled to Canberra in support of the 1972 Aboriginal Tent Embassy protest. 2. Faith Bandler, AC 1918 -2015 a. Faith Bandler played an important role in establishing the civil rights movement in Australia and dedicated her life to equality and fairness for Indigenous Australians. Faith Bandler, AC, was a remarkable woman who was passionate in campaigning for the rights of Indigenous Australians and South Sea Islanders. 3. Pearl Gibbs 1901 – 1983 a. Pearl Gibbs was one of the most prominent female Indigenous female activists within the Aboriginal movement in the early 20th century. As a member of the Aborigines Progressive Association, she was involved with various protest events such as the 1938 Day of Mourning. -
Cape York Region Islanders #1 Non Freehold Land Tenure Sourced from Department of Resources (QLD) March 2021
141°0'E 142°0'E 143°0'E 144°0'E 145°0'E Buru & Erubam Le Warul Kawa Masig People Ugar (Stephens Claimant application and determination boundary data compiled from NNTT based( Doanrnbloeuyndaries with areas excluded or discrete boundaries of areas being claimed) as To determine whether any areas fall within the external boundary of an application or and Damuth Islanders) #1 data sourced from Department of Resources (Qld) © The State of Queensland foIsr ltahnadt etrhse)y # h1ave been recognised by the Federal Court process. determination, a search of the Tribunal's registers and People portion where their data has been used. Where the boundary of an application has been amended in the Federal Court, the databases is required. Further information is available from the Tribunals website at map shows this boundary rather than the boundary as per the Register of Native Title www.nntt.gov.au or by calling 1800 640 501 Topographic vector data is © Commonwealth of Australia (Geoscience Australia) Claims (RNTC), if a registered application. © Commonwealth of Australia 2021 Gebara 2006. The applications shown on the map include: Cape York Region Islanders #1 Non freehold land tenure sourced from Department of Resources (QLD) March 2021. - registered applications (i.e. those that have complied with the registration test), The Registrar, the National Native Title Tribunal and its staff, members and agents - new and/or amended applications where the registration test is being applied, and the Commonwealth (collectively the Commonwealth) accept no liability and give As part Yofa mthe transitional provisions of the amended Native Title Act in 1998, all - unregistered applications (i.e.