Law reform
Changing social values - As society’s values change the law needs to change to match
New concepts of justice - eg. life sentence being LIFE
New technology - law needs to change with the ages
Law reform commissions - The Australian Law Reform Commission provides the government with reports outlining recommendations for law reform
Parliamentary Committees - Committees can also make recommendations to the Government about reform. The Legislation Review Committee plays an important role of our legislative process.
The media - Acts as an intermediary between the public and the courts. Media has the power to provide scrutiny, accountability and transparency
Native title is a legal right of Aboriginal and Torres Strait Islander communities to live on and use traditional land with which they have an ongoing association
It can belong to a group or community as a collective right, based on the traditions and customary law of that group
Native title can include rights to:
Live on the land
Access the land for traditional purposes
Visit and protect important places and sites
Hunt, fish and gather food or traditional resources
Teach traditional law and custom
The High Court first recognised a right native title in Australian law in the 1992 case of Mabo v State of Queensland (No. 2)
Both the judiciary and the legislature have played crucial roles in law reform and native title
The biggest legal step forward was the overturning of the concept of terra nullius and the recognition of continuing native title rights
There is still sometimes difficulty in reconciling with the rights of landowners whose interests conflict with native title claims
Changing social values - As society’s values change the law needs to change to match
New concepts of justice - eg. life sentence being LIFE
New technology - law needs to change with the ages
Law reform commissions - The Australian Law Reform Commission provides the government with reports outlining recommendations for law reform
Parliamentary Committees - Committees can also make recommendations to the Government about reform. The Legislation Review Committee plays an important role of our legislative process.
The media - Acts as an intermediary between the public and the courts. Media has the power to provide scrutiny, accountability and transparency
Native title is a legal right of Aboriginal and Torres Strait Islander communities to live on and use traditional land with which they have an ongoing association
It can belong to a group or community as a collective right, based on the traditions and customary law of that group
Native title can include rights to:
Live on the land
Access the land for traditional purposes
Visit and protect important places and sites
Hunt, fish and gather food or traditional resources
Teach traditional law and custom
The High Court first recognised a right native title in Australian law in the 1992 case of Mabo v State of Queensland (No. 2)
Both the judiciary and the legislature have played crucial roles in law reform and native title
The biggest legal step forward was the overturning of the concept of terra nullius and the recognition of continuing native title rights
There is still sometimes difficulty in reconciling with the rights of landowners whose interests conflict with native title claims
