Native Title Australia’s Indigenous people are thought to have reached the continent between 60 000 and 80 000 years ago. Over the thousands of years since then, a complex customary legal system have developed, strongly linked to the notion of kinship and based on oral tradition. The indigenous people were not seen as have a political culture or system for law. They were denied the access to basic human right e.g., the right to land ownership. Their cultural values of indigenous people became lost
Act 1993 (NTA) 1998 Eddie Kioki Mabo along with 5 other Meriam people began their legal journey to claim ownership of the island of Mer located in the Torres Strait islands. The Supreme Court of Queensland was required by the High Court of Australia to determine the facts of the case but while the case was held at the Queensland Court the act “Any rights that Torres Strait Islander had to land after the claim of sovereignty in 1879 is herby extinguished without compensation” was passed by the state
late Eddie Mabo was an Australian man from the Torres Strait Islands. He was known for his role in campaigning for Indigenous land rights, and also his role in a landmark decision of the High Court of Australia. Eddie Mabo was born on the Mer Island on June 29, 1936. When his mother died giving birth, he was adopted by his aunt and uncle who changed his last name to Mabo. As a child, Eddie was taught about his family’s land in the Torres Strait Islands of Australia. When Eddie grew up he moved to
The Torres Strait Islands were annexed by the crown in 1879. Mabo argued that since the Meriam people had occupied the islands for thousands of years the land should be recognised as theirs and not recognised as Crown land per the Land Act 1962 (Reynolds, Henry: The Law of the Land, Penguin, Melbourne, (2nd ed.), 1992)
of Meriam from the Eastern Torres Strait including David Passi, Sam Passi, Celuia Mapo Salee and James Rice, led by Eddie Koiki Mabo, lodged a case with the High Court of Australia for legal ownership of the island. Over a period of 10 years, 33 Meriam people, including the plaintiffs, generated 4000 pages of transcripts of evidence. The evidence presented included proof that the eight clans of Mer (Murray Island) have occupied clearly defined territories on the island for hundreds of years, and
continually been questioned about its legitimacy in providing justice to Indigenous Australians and their lost land. The Native Title Act 1993 (Cth) was recently established in response to the Mabo v Queensland case in 1992. Eddie Mabo and four other Torres Strait Islanders went
through the Mabo decision and Native Title Act 1993. MABO It all began in 1974 when Torres Strait Islander Eddie Koiki Mabo discovered that Murry Island, a land he previously grew up on, was not under his ownership. Seven
The 'Stronger futures' legislation is currently ineffective in protecting the human rights of indigenous peoples and communities in the Northern Territory and needs specific reform in order to protect human rights in the future. This essay will evaluate the political, social and economical effects of the intervention through legal issues, stakeholder perspectives and responses in regards to the potency of the 'Stronger Futures' regulation and suggest recommendations in order to protect aboriginal
The opening NSWRL Pathways camp of 2018 commenced at Narrabeen yesterday, with the state’s most promising young Rugby League talent gathering to be guided by managers and coaches that include a host of True Blues. The three-day camp is one of the many long-term steps that aim to develop players as young as under-16s into potential State of Origin players further down the track, with junior Origin games (u-16s, u-18s and u-20s) being played annually against Queensland for them. For the under-16s
Change slide - Introduction to the Stolen Generations 0 s - 0.53 s The Stolen Generations refers to the forcible removal of Aboriginal, mostly those who were not full blooded taken between the 1830’s and the 1970’s. They were removed due to their mixed heritage, consisting of Indigenous mothers and European fathers. The Stolen Generations have had a damaging effect on the native owners of Australia, their culture, their identity and most importantly, their sense of belonging, Change slide - Jennifer
Australia Day is the official sthe arrival of the First Fleet of the 11 convict ships from Great Britain, and the raising of the Union Jack at Sydney Cove by its commander Captain Arthur Phillip, in 1788. However Australia Day for many Aboriginals and Torres Strait Islander people see as a day of sorrow and grieving. It is well known that Captain Arthur Philips landed in Australia on 26th of January and took over the land and is referred to as “invasion Day”. Yet little do people know, Captain Arthur Phillip
Acknowledgement of Country I wish to acknowledge the traditional custodians of the land, the Whadjuk people. I respect their continuing culture, connection to boodja (land) and community, and their contribution to the life of this city and this region (WAAMH, 2017). For Whadjuk people, the south-west of Western Australia is ngulla boodja (our country). I am student at the Curtin University Bentley Campus and I enjoy the privilege of studying in Whadjuk/Nyungar Boodjar (country) on the site where
Aboriginal and Torres Strait Islanders Aboriginal and Torres Strait Islander people have faced disadvantages in various areas, particularly housing. The disadvantages these people face now are the result of policies introduced by the European settlers, then the government. The policies introduced were protection, assimilation, integration and self-determination. It is hard to understand the housing disadvantages faced by Aboriginal and Torres Strait Islander people if their history is not
heathy (WHO, 2017), also acts as a significant barrier to accessing healthcare, it is interrelated to lack of education and knowledge about the healthcare system. Therefore, contemporary barriers to Aboriginal people accessing healthcare are numerous and proving to be very effective at disadvantaging aboriginal people from access to appropriate healthcare services. CALD communities face many barriers to healthcare access in Australia today but one of significance is the barrier of language. CALD
vBefore the white settlers came to Australia in 1788 and claimed that the land belongs to them, there were groups of people living across Australia. They are the Aboriginal and Torres Strait islanders. Even Though there weren't any written laws on the restrictions for them, they are very structured with the ancestral laws and regulations. Their law is called the customary law and it is believed to be created during the dreamtime. Over the period, these laws are passed down from generation to generations
Research Essay – Justice must be seen to be done “Justice must not only be done, it must also be seen to be done” is an oft-heard legal proverb. But must a witness be seen in order to be heard? Discuss with relevant legal examples Background to Yorta Yorta The majority decision in the High Court case of Mabo in 1992 found that indigenous relationships to land could be recognised through common law. This was then codified in the Native Title Act in 1993. The Native Title Act adopted much of the
the High Court ruled that Australia’s status as terra nullius was invalid and that native title had existed as a part of Australian law since 1788 . Additionally, Mabo v Queensland (1988) 166 CLR 186 (“Mabo [No 1]”) found that the Queensland Coast Islands Declaratory Act 1985 (QLD) was inconsistent with the Racial Discrimination Act 1975 (Cth) and thus invalid in its deliberate curtailing of Indigenous land rights in the Queensland area. Although the concessions granted in both Mabo cases gave unprecedented
The National Aboriginal and Torres Strait Islander Education Strategy (2015), was created to assist educators to enable Indigenous students to ‘achieve their full learning potential’, empower students to determine their futures and embrace their identities as Aboriginal and Torres Strait Islander people (Education Council, 2015 p.2). The strategy has seven priority areas and eight principles to inform educators on how to uphold the vision statement and key areas of concern to create multi-level approaches
the Torres Strait Islanders, death is something that is not taken lightly. The people of this indigenous community do not fear death; however, the death of friends and family members brings extreme grief, just as it does with any other society. In some ways the Torres Strait Islander’s death ceremonies are no different than ours, they mainly consist of a burial and a mourning period. Although there are some similarities, there are many more differences. When a person dies in the Torres Strait Islands
and Torres Strait Islanders rights to their land. Upon arrival in Australia, Australia was deemed by the British as terra nullius, land belonging to no one. This subsequently meant that Indigenous Australians and Torres Strait Islanders were never recognised as the traditional owners. Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in 1982 fighting for the land rights of the Torres Strait