Native Title and Mabo

Definition List
Write definitions for the following terms

● Terra Nullius
● Native Title
Rights and Freedoms since 1945
 Mabo V’s Queensland
refer to the PDF-Native Title link,on our class course page.

In your exercise book:

● List the key facts of the Mabo case
● Summarise the outcome in your own words
● Native title- What statements were important for future
native title claims?
● Summarise what indigenous people need to demonstrate in
order to claim Native title in common law.
● Summarise ‘The Impact’ in your own words, listing key
dates
● Outline the conflicting attitudes.
Copy and complete this table
 The Mabo Decision
The case of Mabo v. Queensland (No 2) asked the High Court
to consider whether the Merriam people of the Murray
Islands were entitled to hold native title over their
land. This concept had not been tested before as the
doctrine of Terra Nullius was seen to apply to all land in
Australia. Eddie Mabo and his relatives were not content
with this and took their case to the High Court.
 The Result
1) The doctrine of Terra Nullius was overturned

2) The concept of native title was recognised as existing

in Australia

3) The Merriam people were granted native title to the

Murray Islands. The decision was welcomed by many
Australians, not just Indigenous Australians. But some
people saw the decision as doing little to right the
wrongs inflicted upon Indigenous peoples since British
settlement.
 Evaluate
In your work books summarise the following questions:
Define: What is native title?

Explain: According to the Mabo Case, what do you need in

order to prove native title?

Describe: What was the effect of the amendment of the

Native Title Act in 1998?

Discover: Outline the conflicting views towards the Mabo

decision.