Welfare Laws and Aboriginals/Torres Strait Islanders: An Overview

This essay provides an overview of the legal framework and welfare laws enacted for Aboriginals and Torres Strait Islanders in Australia. It traces the historical context from the colonial period to the present, highlighting the evolution of legal provisions, including the Aboriginals Firm Arm Regulation Act, Aboriginal Protection Act, and Land Rights Acts. The essay discusses the establishment of institutions like the Koori Court and analyzes the impact of constitutional amendments and government policies on the indigenous community. It also examines key issues such as land rights, cultural preservation, and the safeguarding of children, reflecting on the political and social discourse surrounding these laws. The analysis incorporates relevant literature and references to provide a comprehensive understanding of the legal rights and welfare of Aboriginal and Torres Strait Islander peoples.

Running head: LAWS FOR ABORIGINALS AND TORRES STRAIT ISLANDERS
LAWS FOR ABORIGINALS AND TORRES STRAIT ISLANDERS
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Introduction:
The indigenous population of Australia are known as the aboriginals of the country and the
Torres Strait islanders. The development of the name had come from the fact that the indigenous
people of the country do not like to be termed as the indigenous people, as this is generic for
them and according to them it hides all the distinguishing features or characters, this is especially
true for the Torres Strait islanders. They have certain special features and characters which
distinguish theme form the other indigenous people of the country. The indigenous population of
the country had always been the interest for the political leaders of the country, and the position
and the existence of the community have a profound impact upon the political upheavals that had
taken place in the country. Since the time of retreatment of the colonial period, the indigenous
population of the country had never been acknowledged and had been denied of all the
opportunities, at the socio- political levels and at the economic levels. They even have been
denied of the recognition and form the citizen ship (Bielefeld, 2014). However, it was in 1997,
that the political leaders and the sociologists understood the importance or the significance to
include the aboriginals and the Torres Strait islanders in the political, social and in the economic
discourse of the country.
In the following essay, the legal grounds and the legal provisions that have been made for the
aboriginals and the Torres Strait islanders, have been discussed. Since the start of the 21st century
and even in the late 20th century, the country or the political leaders and the social thinkers of the
country have realized the need for developing and implementing certain laws for the indigenous
population of the country, in an endeavor to uplift their social position. Therefore, in the
following essay these legal provisions have been included and discussed.

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The Relevant Welfare Laws:
The Australian political leaders have understood the importance of the inclusion of laws and
legal provisions, and the first regulation act had been included in the year 1840. However, proper
implementation and practice of the act had not been included by the political leaders and the
legal practitioners of the country. In order to develop a brief understanding of the welfare laws
that have been developed for the indigenous population of the country, all the laws and the legal
provisions for the same have been charted in the following.
The first act that was developed was the Aboriginals Firm Arm Regulation Act 1840, in 1844 the
Aboriginals Orphans Act had been developed. In 1867 the Supply if Liquors to Aborigines
Prevention Act had been developed, and in 1869 the Aboriginal Protection Act had been include
by the government. The Protection Act was initially included for the province of Victoria, and in
the year 1886, it was extended to Western Australia as well. In the same year, the Half Caste Act
for the aborigines had also been developed. In 1923, the Aborigines Act for the Training and
Protection for the Children had been developed. Further, in 1962 and in 1966, the Aboriginal
Affairs Act and the Aboriginal Lands trust had been developed respectively ("Department of
Agriculture, Water and the Environment", 2020). Later, in the year, 1976, the Land Rights Acts
for the aboriginals and in 1988 the Aboriginal Heritage Act had been developed. Further, in
1989, the Commission for the Aboriginals and the Torres Strait Islander had been established.
The government had also realized the need for safeguarding and promoting the cultural attributes
of the community and hence in the later years, the Living Marine Resources Management Act
1995, Hindmarsh Island Bridge Act 1996, Native Title Amendment Act 1998, Burial and
Cremation Act 2002, National Parks and Reserves Management Act 2002, Nature Conservation
Act 2002, had been developed. In 2003 the Aboriginal Cultural Heritage Act had been developed

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("Research Guides: Aboriginal people and the law: Law today", 2020). The government had also
included certain important legal provision for the development and the welfare of the indigenous
children.
The above mentioning show that the laws and the legal provisions for the aborigines and the
islanders had been included by the country since a long time ago, however, it must be understood
that the practice of these laws had been initiated since the late 20th century. At the same time, it is
also important to mention that the safeguarding the culture and the children of the community
had remained the first priority of the countrymen.
In this notion, the development of the Koori court is important to mention. To improve the legal
experiences and to better the social, political and the economic experiences of the aborigines and
the islanders, the Australian government had decided to establish the Koori Court in the year
2002, from the recommendations of the Victorian Aboriginal Justice Agreement. The Koori
Children Court was started since the 2005. The basic aim for establishing the court was to ensure
that the children of the community must get proper opportunities to gain the basic education
("Overview of Indigenous Affairs: Part 1: 1901 to 1991 – Parliament of Australia", 2020). The
court also aimed to provide the community people with help in order to better their experience in
the political and social fields. Issues related to the land preservation, land rights, and
maintenance of the cultural attributes, all are acknowledged and mitigated by the court.
Further, the amendment to the constitution of Victoria 2004 acknowledges the recognition of the
aborigines and the islanders and it is aimed towards respecting the choices and accepting and
recognizing the community people. It maintains the status of the community people, and it aims

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at preserving the spiritual, social, economic and cultural relationship of the same ("'Aboriginal
natives shall not be counted'", 2020).
During 20th century a number of laws and legal provisions had been developed by the country,
and the Australian government from time to time, had done a lot to provide the proper position to
the indigenous community. For example, during the Barton to Chifley government, the
aborigines and the islander community people had been provided with certain legal provisions
like the pension act, the defense act, and the Aboriginals Ordinance act had been developed in
order to protect and safeguard the interest of the aborigines ("'Aboriginal natives shall not be
counted'", 2020). However, some of the core and important acts had been denied to the
community people. For example, the right to vote or the citizenship act had never been accepted
for the community people. The government of the country had strategically put the community
people out of the political and the social discourse.
More importantly, the government of the country had established the Commonwealth Bureau of
Census and Statistics, however, they had not included the positions and the interests of the
indigenous communities and thus had strategically kept the same out of the economic discourse
of the country. However, in the year 1962, the Commonwealth Electoral Act had been developed
which had ensued that all the members of the country, including the indigenous community
people can take a part in the voting system ("Aboriginal and Torres Strait Islander Act 2005",
2020). However, it had not been made a wide practice. Since, 1967, the inclusion of Referendum
to initiate changes at the commonwealth level struck out this provision and made the
implementation and the practice of the law legal and official.
Conclusion:

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The above discussion shows the development of the legal system of the country considering the
aboriginals and the Torres Strait islanders. During and since the time of imperialism, the
government of the country had ensured a denial towards the aboriginals and the islanders and
had strategically kept them out of the political, social, and economic and even the cultural
discourses and spectrum of the country. However, since the late 20th century the community
people have been included in the legal system of the country, and are recognized by the political
structure of the same. Even, the protection and the educational improvement of the community
people are, now an important affair to the ministry of Australia.

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References:
Aboriginal and Torres Strait Islander Act 2005. (2020). Retrieved 14 March 2020, from
https://www.legislation.gov.au/Details/C2019C00083
'Aboriginal natives shall not be counted'. (2020). Retrieved 14 March 2020, from
https://aiatsis.gov.au/exhibitions/aboriginal-natives-shall-not-be-counted
Bielefeld, S. (2014). Compulsory income management, indigenous peoples and structural
violence–implications for citizenship and autonomy. Australian Indigenous Law
Review, 18(1), 99-118.
Department of Agriculture, Water and the Environment. (2020). Retrieved 14 March 2020, from
https://www.environment.gov.au/heritage/laws/indigenous
Overview of Indigenous Affairs: Part 1: 1901 to 1991 – Parliament of Australia. (2020).
Retrieved 14 March 2020, from
https://www.aph.gov.au/about_parliament/parliamentary_departments/
parliamentary_library/pubs/bn/1011/indigenousaffairs1
Research Guides: Aboriginal people and the law: Law today. (2020). Retrieved 14 March 2020,
from https://guides.slv.vic.gov.au/law/today