topic 5: law reform in action

Question 1

what is terra nullius

Answer 1

land belonging to no one, with no recognisable system of law or political organisation

Question 2

what is native title

Answer 2

ownership of and accessibility rights to land by the original inhabitants, a collective right not claimable by individuals

Question 3

what is customary law

Answer 3

access to land for communal use based on oral law, customs, and traditions, not legal ownership

Question 4

mabo and others v state of queensland 1992

Answer 4

high court decision that legally recognised aboriginal peoples system of law and ownership of land, overturning the doctrine of terra nullius.

Question 5

what are indigenous australians

Answer 5

original inhabitants who lived a nomadic lifestyle, using oral law, customs, and tradition for over 50000 years

Question 6

what is the 1967 referendum

Answer 6

symbol of public recognition of the rights of indigenous Australians, amending section 51 and deleting section 127 of the constitution.

Question 7

what is land rights (northern territory) act 1976 (CTH)

Answer 7

legislation establishing a land claims process for traditional owners to claim parcels of land

Question 8

what is native title act 1993 (CTH)

Answer 8

legislation establishing the nation native title tribunal to register, hear, and determine native rights, mediate claims, and make recommendations

Question 9

what is the declaration on the rights of indigenous people

Answer 9

international soft law, recognising the importance of native title, created by the UN

Question 10

what is self determination

Answer 10

the right of indigenous people to control the use of their traditional lands, local economy, and social policy

Question 11

what is the doctrine of reception

Answer 11

when britain colonised ‘uninhabited ’ land, english law would prevail

Question 12

what is the native title process

Answer 12

application, assessment, negotiation, mediation and determination do native title

Question 13

who is eddie mabo

Answer 13

challenged the qld gov in high court cases, leading to the recognition of native title in Australia

Question 14

wik people’s v queensland’s (1996) HCA

Answer 14

case where the high court ruled that pastoral leases and native title could co-exist, with leases prevailing in case of conflict

Question 15

young drivers and the law

Answer 15

conditions, responsiveness, agencies, and mechanisms of law reid’s related to young drivers in australia