Changing experience Flashcards
Aborigines act 1905
Act to make provision for the better protection and care of the Aboriginal inhabitants of WA, Established an administrative regime under the control of a Chief Protector who had wide-reaching power as legal guardian of all Aboriginal children under 16, Could grant permission for Aboriginal woman to marry non-Aboriginal men and could manage property of Aboriginal people without their consent, Travel curfews, Police had extensive surveillance powers, Reinforced segregation- denied civil rights
Voting laws for Aboriginal Australians
South Australia allowed Aboriginal people to vote (When woman won the right to vote in 1895) but this was withdrawn for federal elections by the Commonwealth Electoral act 1902
1949- Right to vote was extended to Aboriginal people who had served in armed forces
1962- Indigenous people had the right to vote but didn’t have to enrol until 1984
67% voter turnout in the seat of Lingiari
Treaties in other nations
In New Zealand and Canada, treaties were formed at colonisation
In Canada there is an elected Assembly of First Nations which liaises with the federal government
In New Zealand, Māori people have had dedicated parliamentary seats since the 1860s
Only former colony to not recognise Indigenous peoples in our constitution
Native (citizens rights) Act
1944, for citizenship Aboriginal Australians had to severe all ties with family and friends, repealed in 1971
1967 referendum
Removed the term ‘Aborigines’ in s51 (xxvi) and s127 HOWEVER left s25 which permits race discrimination with respect to voting
Unpaid fine issues
WA law repealed in 2019, 5 years after the death in custody that caused the reform (Ms Dhu died in custody after unprofessional and inhuman treatment by police)
State coroner recommended it be repealed in 2016 but McGowan government
Calls to raise the age
More than 30 Nations support a key recommendation to raise minimum age of criminal responsibility to 14 (Aus is 10)
ACT has passed legislation to raise the age
Youth detention
In June 2021, Indigenous youth made up 50% of young people in detention whilst Indigenous people make up around 3.8% of population
Interpreter issues in WA and NT
Investigation shows that interpreter system in WA and NT doesn’t meet needs of Indigenous Australians, Means many are pleading guilty to charges they don’t understand
Arrests during COVID
3% of fines in Vic were for Indigenous Australians whilst they make up 1% of Vic population
Political rights
Enable participation in the government such as the right to vote, stand for election, freedom of speech, assembly and protest
Legal rights
Protect people from the arbitrary use of State power such as access to a fair trial, equal treatment before the law, innocent until proven guilty, access to the legal system
