Senior Library Books
Databases
- Australia/New Zealand Reference Centre Plus This link opens in a new windowThis resource provides the largest collection of full text from leading regional and international newspapers and periodicals, full-text reference books, tens of thousands of full-text biographies, and a collection of images containing more than one million photos, maps, and flags.
- Britannica Schools This link opens in a new windowBritannica School covers the core subject areas of English, Maths, Science and History. Interactive lessons, activities, games, stories, worksheets, manipulatives, study guides and research tools.
Resource Key
LEVEL 1
brief, basic information laid out in an easy-to-read format. May use informal language. (Includes most news articles)
LEVEL 2
provides additional background information and further reading. Introduces some subject-specific language.
LEVEL 3
lengthy, detailed information. Frequently uses technical/subject-specific language. (Includes most analytical articles)
Introduction
Welcome to the Australian Native Title research guide created for Year 10 Humanities and Social Sciences students.
The legal system brought from Britain when Australia was colonised did not recognise Aboriginal laws and community structures, including laws relating to land. Indigenous people became subject to colonial laws, and Australian general law. All of Australia was treated as terra nullius, meaning 'nobody's land', and able to be claimed by the Crown and acquired by the colonisers. In 1992 Aboriginal title to land was finally recognised at common law, in the landmark case of Mabo v Queensland (No 2) ((1992) 175 CLR 1). The High Court rejected the notion of terra nullius and recognised a preexisting indigenous system of law - native title ie: Australian law recognised that some Aboriginal and Torres Strait Islander people have rights and interests in land or waters that come from their traditional laws and customs. (University of Melbourne, Indigenous Legal Research, 2018).
Timelines
- SBS. (2015, February 26). Native title timeline. Retrieved from https://www.sbs.com.au/news/timeline-native-title-in-australiaHere is a look back at significant developments in native title legislation from the Mabo High Court decision in 1992 until today.
- Indigenous Law Centre. (2012). Native Timeline. Retrieved from http://www.ilc.unsw.edu.au/sites/ilc.unsw.edu.au/files/Native%20Native%20Timeline%201788-2012.pdfThis Native Title Timeline is published by the Indigenous Law Centre, UNSW www.ilc.unsw.edu.au with generous financial assistance from the Commonwealth Attorney-General’s Department and in-kind support from the Faculty of Law, UNSW.
480: Mabo - Terra Nullius
Message Stick. (2012). 480:Mabo Pt 1 Terra Nullius. [ABC]. Melbourne
This special series celebrates the 20th anniversary in the High Court's decision of the MABO case. It looks back over the history of the land rights and at Eddie Mabo and his role in the case.
Part 1- In 1788 Britain legally claimed Australia to be terra nullius - a law whereby Indigenous Australians could not sell or assign land. The move dispossessed hundreds of Aboriginal and Torres Strait Islanders of their land, culture and spiritual connections. It also sparked a battle that would continue through generations and shape what Australia is today.
Part 2 - Through the 60s and 70s the Land Rights movement erupted onto the streets across the nation. The Gurindji people walked off Vesty's station and the Aboriginal people of Wreck Bay rejected the government's offer of a lease.
Part 3 - Eddie Koiki Mabo was more than just a court case. Through the eyes of his daughter we take a personal look into the man who was a passionate family man and who was consumed with fighting for a tiny island in the Torres Strait.
Part 4 - Eddie Koiki Mabo won his way into history when the highest court in the country ruled in his favour and disproved the law of Terra Nullius.
Part 5 - Mabo's legacy resulted in the Native Title Act of Australia of 1993 - an important step forward for the country in land use, access and ownership
Prime Minister Speeches
- Australian Government. (2018). PM Transcripts. Retrieved from https://pmtranscripts.pmc.gov.au/This collection of transcripts from Australian Prime Ministers contains approximately 23,000 individual speeches, media releases and other transcript items dating from the early 1940's through to the end of the Turnbull Government in 2018. The PM's website contains information and transcripts from the current Prime Minister. The National Library's Australian Government Web Archive site also contains transcripts.
Key Terms
- Aboriginal Customary LawsAboriginal and Torres Strait Islander communities have complex codes of conduct to guide people’s behaviour. Today, every Australian is answerable to Australia’s laws. Traditional or customary law in no way substitutes for Australian law but it can coexist and guide a community on how to behave according to traditional beliefs and practices.
- Australian Custom LawThe part of English law traditionally based on common custom. Developed by the courts in Australia, referred to as common law / case law.
- Australian Statute LawLaws made by Parliament which are referred to singly as Acts or statutes.
- Mabo(Australia, informal) The High Court case, Mabo v Queensland (No 2), which rejected the doctrine of terra nullius, in favour of the common law doctrine of aboriginal title.
- Native TitleA form of land title which recognises Aboriginal people as rightful owners of the land
- Terra-nulliusEmpty land; land not legally belonging to anyone.
The Native Title Journey
- National Native Title Tribunal. (2017). 25 Years of Native Title Recognition. Retrieved from http://www.nntt.gov.au/Documents/Road%20to%20native%20title.pdfNational Native Title Tribunal has developed this resource in recognition of 25 years of native title.
- Screen Australia. (2008). Mabo - The native title revolution. Retrieved from http://mabonativetitle.com/mabo.shtmlMabo - The Native Title Revolution delves into the Mabo legal case and the important issues it raises for Australians and indigenous peoples everywhere. It gives an overview of the case and provides an insight into both the man at its centre, Eddie "Koiki" Mabo, and Torres Strait Islander culture.
- Land Right Acts Made Simple. Retrieved from https://www.clc.org.au/files/pdf/alra.pdfCentral Land Council Northern Territory has developed a document on Land Rights in an easy to read format.
Meaning of Land to Aboriginal People
- Creative Spirits. (2017, May 21). Meaning of land to Aboriginal people. Retrieved from https://www.creativespirits.info/aboriginalculture/land/meaning-of-land-to-aboriginal-people#ixzz5UvPGTu9mLand means different things to non-Indigenous and Aboriginal people. The latter have a spiritual, physical, social and cultural connection. Land management and care are vital for Aboriginal health and provide jobs. Many Aboriginal artworks tell about the connection between people and their land.
Infographic Files
- Infographics TemplateDownload this Infographics Template with icons to create your Native Title Infographic.