LAW REFORM IN ACTION

LAW REFORM IN RELATION TO NATIVE TITLE

 Describe the legal system of Indigenous Australians prior to 1788

 Identify the Latin term meaning ‘land belonging to no one’
 What is the ‘doctrine of reception’
 Explain why terra nullius was an obstacle to achieving native title
 Look at some aspects of the legal status of indigenous Australians up to 1967 (Myall Creek massacre,
Aboriginals and the Constitution, amendments to the Constitutions- referendum)
 Development of Native Title- Justice Blackburn’s ruling in the Nabal case, achievements of the ALP
after being in office in 1972

AUSTRALIAN DECISIONS IN RECOGNISING NATIVE TITLE

Define ‘Native Title’ and ‘self – determination’. Which Indigenous groups have gained greater recognition
in these areas?

 YOLNGU CASE- How was the Yolngu people’s native title claim resolved in court? What was the
newly elected Whitlam’s government’s response to this decision?
 MABO CASE – Explain the importance of the 1992 Mabo decision for the legal status of Indigenous
people. Evaluate the statement made by Prime Minister Paul Keating in 1993 on the passing of the
Native Title Act.
 Assess the significance of the Mabo decision
 What was the impact of the Wik case
 Identify the native title claim of the Yorta Yorta community. Outline the legal history of their claim to
native title. Explain the reasons why their claim was denied. How does this decision affect other native
title claims?
 Outline the major LEGISLATION governing native title at the federal and state levels. (showing Law
Reform!!)
 Outline the major federal and state legislation protecting places and objects of cultural significance for
Indigenous people.
 2016 LAW REFORM IN ACTION

LAW REFORM and NATIVE TITLE

A. CONDITIONS THAT LEAD TO LAW REFORM ON NATIVE TITLE

1. Define Native Title and its significance to the original inhabitants of Australia
2. What was the first legal recognition that the Indigenous people had a system of law and ownerships
of their lands.
HISTORY OF GOVERNMENT POLICY
3. Distinguish between the terms ‘Aboriginals’ and ‘Indigenous Australians’
4. What do you understand by the term ‘nomadic lifestyle’?
5. What was the belief held by most of the First Fleet about the Aboriginals?
6. What evidence was there to dispute this belief?

B. OPERATION OF THE LEGAL SYSTEM IN RELATION TO NATIVE TITLE

1. Define ‘terra nullius’
2. Define ‘doctrine of reception’
3. What influenced the justification of the British in taking possession of the land?
4. What was the effect of ‘terra nullius’ on the status of the indigenous population?
THE LEGAL STATUS OF THE INDIGENOUS AUSTRALIANS UP TO 1967
5. Briefly describe status of indigenous Australians up to 1967 (Myall Creek massacre, Aboriginals and
the Constitution, amendments to the Constitutions- referendum)
6. What was the effect of the 1967 Referendum? (P103)
DEVELOPMENT OF NATIVE TITLE-
7. Discuss:
 Justice Blackburn’s ruling in the YOLNGU CASE (Gove land rights)case,
 achievements of the ALP after being in office in 1972
8. - How was the Yolngu people’s native title claim resolved in court? What was the newly elected
Whitlam’s government’s response to this decision?
9. Royal Commission and the introduction/creation of new legislation.
10. The MABO CASES
 In which years did the two Mabo cases take place?
 What was the effect of the first case?
 What was the issue in this case and what was the most significant outcome of this case?
11. Which two Acts were in conflict- and what happens when State and Federal Law are in conflict?
12. What was the second case about?
13. How many Judges made the decision in the High Court?
14. What was their decision?
15. What did the decision in the Mabo case introduce?
16. What did the Court determine about the existence of native title?
17. Why did the Federal Government pass the Native Title Act?
18. What was the consequence of the passing of the Native Title Act?
GROWING RECOGNITION OF NATIVE TITLES IN SOME COUNTRIES
1. What does ‘Native Title’ mean?
2. What does ‘self- determination’ mean?
3. Outline some groups of people who have been given greater recognition in terms of native title.
AGENCIES OF LAW REFORM ON NATIVE TITLE

4. Outline the body that can carry out research and make recommendations about native title.
5. Initial claims of Native title are made to the National Native Title Tribunal, what does this body do?
6. Who makes the DETERMINATION on whether native title exists?
7. Where does an appeal go?
8. How did Parliament respond and recognise Native Title?
9. Which group lobbied for Parliament statutory laws protecting their land rights?
10. What role did Prime Minister Kevin Rudd play in trying to bring about social change and addressing
past injustices suffered by the Indigenous people?
11. Why is the Mabo case important- (3 reasons)
12. The Courts heard the cases and Parliament passed an Act- what are 2 purposes of the Native Title
Act1993?
13. Consider this – in which years did the 2 Mabo cases take place and in which year did Parliament
pass the Native Title Act?
14. What did the Native Title Act create- what was the role of this body? (Also look for information on p
107 under National Native Title Tribunal)
15. Do you believe that other groups were now more confident to fight for their land rights after the
success of the Mabo case and the creation of Legislation (Native Title Act) to protect their land
rights?
16. Outline the facts of the Wik case – (pastoral leases are leases granted to farmers to use the land to
grow their sheep).
17. Which other group also applied to the National Native Tribunal for native title in respect of public
land and water.
18. What did the court rule – would ensure the Native title existed on the land- what did the Yorta Yorta
people need to prove?
19. Outline some State legislation which was developed as a result of the Mabo and Wik decisions?
20. Outline the 2 Commonwealth legislation which developed as a result of the Mabo cases and to protect
all parties involved in affected by native title claims.
21. Why is Native Title considered a ‘COLLECTIVE RIGHT’?
22. EXPLAIN THE EFFECTIVENESS OF LAW REFORM IN RELATION TO NATIVE TITLE.
LAW REFORM IN ACTION

NATIVE TITLE