Native Title Act Essay

998 words - 4 pages

The decision of the High Court in Mabo v Queensland (No.2) was a major development in Australian law, a historic wrong was righted. The judgment received a wide ranging national response, while some have suggested that decision should be legislated away and others suggested it should be ignored, the Commonwealth saw the decision as providing an opportunity to rebuild on fair and just foundations the relationship between our nation and its indigenous people. The Commonwealth's Native Title Act 1993(Cth) is a beginning to that process.

Native Title Act 1993 (Cth) accepts and confirms the Mabo decision, in particular the fundamental propositions on which the decision rested, namely to provides for the recognition and protection of native title rights based on the traditions of the indigenous people of Australia, and the rejection of the myth that Australia was terra nullius (land belonging to no-one).

The emergence of Native Title Act 1993 (Cth) can be best explained utilizing 2 emergence studies models, namely symbolic legislation and legislation as ideology. The 2 models together provide insights into the politics of law making, also serves to indicate the most important ways in which law, class and power are connected.

Symbolic Legislation
This model emphasizes how "the proclamation and maintenance of symbols - values, ideals and ways of thinking about government and society." In Native Title Act, s3(a) of the object and s10 states 'to provide for recognition and protection of native title' and 'Native title is recognized, and protected, in accordance with this Act' This suggests the native title is like a symbol for recognition of indigenous people as part of our society and reconciliation between the indigenous people and white people. This idea is evident in the Second Reading Speech for Native Title, as Mr. Keating said "The Aboriginal People faced deprivation of the religious, cultural and economic sustenance which the land provides and were left as intruders in their own deny these facts would be to deny part of ourselves as Australians. Thus it can be said that the powerful symbolic value of Native Title Act is used to change the general public's perception and value towards the indigenous people. However, it should be recognized the rejection of terra nullius did not change land laws, what has changed is the legal history of land acquisition with the court at long last facing up to the truth of history and ditching the insulting concept that there was nobody on this continent deserving of rights before the arrival of superior whites . This suggests the act merely recognized the true legal position existing since the act of State establishing the colony on 7 Feburary 1788, conveniently ignored by the early legislator and pastoralist in their grab for land. These facts symbolize our sorrow and apology for the past and provides recognition for the land that had once belonged to the indigenous people.


Find Another Essay On Native title Act

Controversies and Consequences which Arise from Anthropologist being Contracted by a Particular

1788 words - 7 pages When anthropologists’ are involved in native title litigations, ambiguities may arise. In native title cases, anthropologists’ give their expert, objective opinion. This opinion helps determine whether a continuing relationship between an Indigenous group and the land exists. Engaged anthropologists apply their methodology to real world situations, such as native title. The Native Title Act passed in 1993, provides a national system which

Aboriginal Land Rights within Australia Essay

1853 words - 7 pages in the history of Australia. Considerable debate has arisen within society as to whether aboriginals have a right to land that is of cultural significance and whether current land owners will be able to keep their land. An issue facing society is whether legislation in place is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners who will be affected by the Native Title Act 1993 (Cth). To

Social And Political Issues In The 1970s

2596 words - 10 pages land which had been leased to pastoralists. This was the issue that had not been sorted out by either the Mabo decision or by the Native Title Act. The High Court decided that in the Wik Case (a) that native title continued in Queensland even on land which the government had leased to pastoralists and (b) the native title rights and the rights of the leaseholder existed currently (at the same time). The Hight Court also said that if there was any

Analysis of Inventing The Savage: The Social Construct of Native American Criminality by Luana Ross

1554 words - 7 pages Ross used to prove her point was her portrayal of the “Act of the Government and Protection of Indians,” which at all, did not protect the Native Americans. This form of cultural suppression took away the children of Native women, without their consent; however, the government justified this by saying that they did have consent to do so. The purpose of this law was to “train” Native American children to be like the “Euro-Americans” in order to

Title VII of the Civil Rights Act of 1964

1165 words - 5 pages (Bennett-Alexander & Hartman, 2001). In 1991, the Civil Rights Act extended coverage to United States citizens who are employed by American employers outside of the United States. There are few exceptions under Title VII. Title VII permits businesses operated on or around Native American Indian reservations to give preferential treatment to Native Americans (Bennett-Alexander & Hartman, 2001). Also, member of a Communist party or any

The evolution and impact of Title VII, Civil Rights Act of 1964

1109 words - 4 pages , 2001). In 1991, the Civil Rights Act extended coverage to United States citizens who are employed by American employers outside of the United States.There are few exceptions under Title VII. Title VII permits businesses operated on or around Native American Indian reservations to give preferential treatment to Native Americans (Bennett-Alexander & Hartman, 2001). Also, member of a Communist party or any organization registered as a Communist

Title VII Paper

1750 words - 7 pages The History and Evolution of Title VII.Today's employment practices have been defined by the Title VII of the Civil Rights Act of 1964. Title VII has advanced the laws regarding anti-discrimination by banning discrimination in the workplace based on religion, national origin, race, color, or gender. From the beginning, the laws have been intended to "promote fairness, equality, and opportunity within the workplace" (Bennett-Alexander, Hartman

Customary Law and the Status of Indigenous Australian’s

1273 words - 6 pages native title. These include both decisions such as The Mabo Decision which gave rise to the Native title act and the Wik Decision which gave rise to the Native Title Amendment Act (1998) as well as various cases and legislation such as Aboriginal Land Rights (Northern Territory) Act 1976, Milirrpum v Nabalco Pty Ltd (1971) and Commonwealth v Yarmirr(2001). “The government’s latest proposals for native title reform focus on improving the

Acclaimed Court Decision on Aboriginal Title: Unprecedented Force on Canadian Politics, Law and Society

1776 words - 7 pages ', loss of band status through marriage to non-native persons. The issues of 'Aboriginal title' in the Delgamuukw case is based on the unprecedented force for the government to address the issue of 'Aboriginal title' as it pertains to those communities who are not covered by a treaty or claim and that 'aboriginal title has not been unextinguished by the Crown. Since the Proclamation (1763) determines the identification of rights and freedoms of


1016 words - 4 pages occupation of that land"The Labor government at the time chose to endorse the principles of the Mabo decision and created the Native Title Act 1993.The act made clear that land sold by the Crown could not be claimed by Aboriginal communities because they wouldn't be able to claim continuous and uninterrupted occupation.The legislation was unclear and fell to the Courts to make a decision.1996 Wik case: HC found that native title could coexist with other

Aboriginal Rights

928 words - 4 pages The rights of the Australian Aborigines are an important and ongoing issue of Australia. The referendum of 1967 gave Aborigines rights that had been denied for almost 180 years, inclusion in the Australian census and the right to vote. That however, was only the beginning. Since that historic vote, many changes have occurred furthering the recognition of Aboriginal rights. The Mabo Decision including the Native Title Act in 1992/3, the Bringing

Similar Essays

Explain Why The 1967 Referendum And The Native Title Act Were Important For Aboriginal People.

784 words - 3 pages The 1967 referendum and the Native title act were both major turning points for both Aboriginal Australians and white Australians. They showed that Australia was trying to progress as a united nation, instead of a nation based on inequality, unjustness and different rights and freedoms.In 1967, the Australian Government, under Prime Minister Harold Holt, held a referendum to decide the faith of the Aboriginal people and Torres Strait Islanders

Contemporary Aboriginal Issues Essay

2061 words - 8 pages Contemporary Aboriginal Issues Assignment 3- Essay Topic 3: Discuss the political struggle for recognition of indigenous rights to land. In your answer, consider the benefits and limitations of the Native Title Act and recent United Nations criticisms of the current Act. For years we have witnessed the Indigenous population’s political struggle for recognition of rights to Australian land. At times the effort appears to be endless and

The Effectiveness Of Native Title Essay

903 words - 4 pages citizens. The Native Title Act 1993, like the court Mabo decision in 1992, transforms the ways in, which indigenous ownership of land may be formally recognised and incorporated within Australian legal and property regimes. The process of implementation, however, raises a number of crucial issues of concern to native title claimants and to other interested parties. These issues will need to be settled in court however

Aboriginal Land Rights Essay

1564 words - 6 pages common law was unjust and did not respect Aboriginals as equals before the law. It also found it was out of step with international human rights and that Aboriginals had been dispossessed of their land rights unlawfully. Native Title Act 1993 After the Mabo case which recognised the existence of native title rights, Land Councils lobbied the Federal Government to legislate to protect any native title that had survived