Aboriginal Land Rights within Australia

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Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of the century. With the political changes in our society, and the apology to Indigenous Australians, society is now witnessing an increase in aboriginals gaining a voice in today’s society. Described by Pat Dodson (2006) as a seminal moment in Australia’s history, Rudd’s apology was expressed in the true spirit of reconciliation opening a new chapter 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 determine whether legislation is sufficient and fair, an investigation into the current societal view point needed to be considered by legislators. These legislators needed to evaluate the ways in which other societies had catered to the needs of indigenous land owners. Through consideration of these points, recommendations and changes to legislation need to be debated and enacted to ensure more equitable legislation on land rights within Australia

Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus of legislation in the past w...

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Brennan, F. 1995. One land, One Nation. St Lucia, Queensland: University of Queensland Press.

Richard Harding, Roderic Broadhurst, Anne Ferrante, Nini Loh. 1995. Aboriginal Contact with the criminal justice system. Leichardt, NSW: Hawkins Press

Keon- Cohen, B. 2001. Native Title in the New Millennium. Sydney: Panther Publishing.

Choo, C and Hollbach, S. 2003. History and Native Title. Western Australia: Studies in Western Australian History.

Australian Government. 1993. Addressing the key issues for reconciliation. Canberra: Australian Government Publishing Service.

Bourke, E and Edwards, B. 1994. Aboriginal Australia. St Lucia, Queensland: University of Queensland Press.

Healey, J. 2002. Aboriginal Disadvantage. Rozelle NSW: Spinney Press.

Healey, J. 2007. Native Title and Land Rights. Thirroul NSW: Spinney Press

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