Legal studies Chapter 5 - Law reform in action

What is native title

The legal right of Aboriginal or Torres Strait Islanders to live on and use traditional land where they can prove to have ongoing association with

Examples of native title

• To live on land

• Access to land for traditional rituals

• Teach traditional law

• Visit and protect important sites (Uluru)

Law reform regarding native title

• The High Court first recognised a right to Native title in the 1992 case Mabo v State of Queensland (no.2)

• It recognises traditional land ownership of ATSI people if they can prove ongoing connections

• ‘Terra Nullius’ as a doctrine of International law used by the British when they claimed Australia was uninhibited and imported British law

Key points:

• Dispossession (1788- 1800)

• Protection (1869-1909)

• Stolen Generation (1900- 1980)

• In 1967 ATSI people were allowed to vote, after a public referendum where 90% people votes ‘yes’ for this change