Australian Legal System and Indigenous Rights

A set of flashcards covering key legal cases, legislation, and principles related to the Australian legal system and Indigenous rights.

R v Ballard (1829)

Case establishing that British law will not interfere with disputes between Aboriginals, except when crimes are inflicted on British by Aboriginals.

Principle of Non-Interference

Legal principle distinguishing between disputes in 'civilised' and 'savage' societies, leading to differential treatment under law.

R v Murrell (1836)

Case ruling that Aboriginals within Colony boundaries are subject to British laws without distinction based on the victim's status.

Territorial Jurisdiction

Shift in legal jurisdiction indicating that laws apply based on territory rather than the individual identities of offenders and victims.

R v Kilmeister (No 1) [1838]

Case that affirmed equality before the law for crimes against Indigenous people committed by White individuals.

Cooper v Stuart (1889)

Decision reaffirming the principle of terra nullius, applying British law to Australia as a settled colony.

Milirrpum v Nabalco Pty Ltd (1971)

Legal case where common law did not recognize native title but acknowledged Yolngu legal systems.

Mabo v Queensland (No. 2) (1992)

Landmark case that overturned terra nullius, recognizing the Meriam People as traditional landholders.

Australian Courts Act (1828)

Act stating that all laws in effect in 1828 in England applied to New South Wales.

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

Legislation creating Aboriginal land trusts and requiring Aboriginal consent for developments.

Native Title Act 1993

Legislation recognizing native title, establishing claim processes, and protecting existing land rights.

1967 Referendum

Vote resulting in recognition of Indigenous Australians in census and allowing Commonwealth to legislate for Indigenous affairs.

Treaty of Westphalia (1648)

Treaty establishing a system of independent states, emphasizing Eurocentric views over colonized legal systems.

2023 Voice Referendum

Proposal to constitutionally enshrine an advisory body for Indigenous Australians to provide input to government.