Rights of indigenous people

Question 1

Sections of the constitution that mention them

Answer 1

S51xxvi – ‘other than aboriginal race in any state’

S127 – ‘aboriginal natives shall not be included in the census’

Question 2

Notes

Answer 2

• British law did not acknowledge indigenous systems of law or land ownership
• As land was consider to be belong to no-one, the doctrine of ‘terra nullius’ applied, making it ‘crown land’
• Upon federation, little attention was paid to the rights of indigenous Australians
• It was assumed affairs relating to indigenous people would continue to be a residual affair of the states
• Terra nullius means ‘nobody’s land’ and is used in international law to describe a territory which has ever been subject to the sovereignty of any state.

Question 3

S51

Answer 3

made indigenous affairs a prohibited power of the commonwealth, it resided with the state

Question 4

1967

Answer 4

• Over 90% approval repealing s127 and removing the words ‘other than the aboriginal race in any state’ from section 51xxvi

Question 5

Reasons for referendum

Answer 5

• Remove perception of discrimination
• Human rights
• Allow the commonwealth to make laws about indigenous affairs

This referendum did not give them the right to vote, some had that right previous depending on their state.

Question 6

Federal legislation

Answer 6

Racial discrimination act 1975

- Racial hatred act 1995

Question 7

State legislation

Answer 7

Equal opportunity act 1984

- Racial vilification act 1996