Aboriginal and Torres Strait Islander People and the Law in Modern Australia

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Flashcards covering key topics, legislation, and historical events related to Aboriginal and Torres Strait Islander People and the Law in Modern Australia.

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27 Terms

1
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What were the main focuses of discussion regarding Aboriginal and Torres Strait Islander People and the Law in Modern Australia?

The 1967 referendum, Land rights, Stolen generations and wages, Uluru, and The Voice referendum

2
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What amendments were made to the Commonwealth Electoral Act 1918 in 1949?

Application to veterans and those entitled to vote at State elections

3
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When were Aboriginal people entered on the electoral roll according to the Commonwealth Electoral Act?

1962

4
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Until what year was it not compulsory for Aboriginal people to enroll to vote?

1983

5
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What were the myths associated with the 1967 referendum?

It gave Aboriginal people citizenship and the right to vote; It allowed Aboriginal people to be counted in the federal census for the first time; It gave the Commonwealth the right to make laws for the benefit, but not the detriment, of Indigenous people; It overturned a Flora and Fauna Act by which Aboriginal people were treated as ‘fauna’

6
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When did Aboriginal people gain the right to vote?

1962

7
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When were Aboriginal people first counted in the federal census?

1911

8
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What power did the Commonwealth gain regarding Indigenous people after the 1967 referendum?

Power to make laws ‘for the people of any race for whom it is deemed necessary to make special laws’

9
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What was the amendment of section 51(xxvi) about?

The Parliament shall have power to make laws with respect to the people of any race, other than the aboriginal race in any State, for whom it is necessary to make special laws

10
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What was the repeal of section 127 about?

In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted

11
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What was the voter turnout and 'Yes' vote percentage in the 1967 referendum?

94% voter turnout and 90.77% 'Yes' vote

12
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Which territories could not vote in the 1967 referendum?

Australian Capital Territory and Northern Territory

13
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What events triggered The Land Rights Movement?

Mining industry discoveries in northern Australia, Eviction of Aboriginal community at Mapoon, Queensland, and Yolgnu fight Nabalco over land

14
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What were the key details and outcomes of the Gove Land Rights Case (Milirrpum v Nabalco Pty Ltd (1971))?

Rirratjingu and Gumatj clans of Yirrkala v Exercised rights over Gove Peninsula ‘from ‘time immemorial’ v Enjoyed communal native title v Had quiet and undisturbed possession until Nabalco. Court ruled sovereignty extinguished traditional land rights

15
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What was the Northern Territory Supreme Court's finding regarding native law and custom in the Gove Land Rights Case?

Despite elaborate rules and customs, ‘did not provide for any proprietary interest’ over their own land’

16
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What key piece of legislation was enacted in 1976 regarding Aboriginal Land Rights?

Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)

17
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What was the significance of the Racial Discrimination Act 1975 (Cth) in relation to Aboriginal land rights?

Prohibited denying rights on the basis of race and made it unlawful to impair the recognition, enjoyment, or exercise of any human right or fundamental freedom

18
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Key parties involved in Mabo v Queensland (No 1) (1988)

Eddie Mabo, David Passi, James Rice

19
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In practical terms, what did Brennan, Toohey, and Gaudron JJ state about traditional native title and the Racial Discrimination Act?

If traditional native title was not extinguished before the Racial Discrimination Act came into force, a State law which seeks to extinguish it now will fail.

20
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What was the final decision in Mabo v Queensland (No. 2) (1992)?

Meriam people entitled ‘as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands’ and the Crown’s radical title

21
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What was 'burdened' by 'Aboriginal title'?

The Crown's radical title

22
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What did the Native Title Act 1993 (Cth) address?

Recognition and protection of native title, Handling future dealings and standards, Mechanism for determining native title claims, Validation of past acts, and intermediate period acts

23
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What was the purpose of the Aboriginal Protection Act 1869 in Victoria?

Dealt with the Stolen Generations

24
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Besides the Stolen Generations, what other issues were discussed?

Stolen wages and Deaths in custody

25
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What are the three key elements of the Uluru Statement from the Heart?

Recognition: The Voice, Makarrata 2: Treaty, Makarrata 1: Truth

26
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What was the proposed section 129 in the 2023 referendum?

Focused on establishing an Aboriginal and Torres Strait Islander Voice, its ability to make representations, and the Parliament's power to legislate regarding its composition and procedures.

27
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What was the overall result of the 2023 referendum in Australia?

39.94% Yes and 60.06% No