Indigenous Australians: Legal History, Justice, and Ethics

This report provides a comprehensive overview of the legal and justice position of Indigenous Australians in Australia. It begins with a historical context, discussing the Indigenous population's background before British colonization and their treatment before the implementation of modern law. The report highlights key laws and regulations enacted by Australian jurisdictions to protect Indigenous rights, including the Native Title Act and Aboriginal Heritage Acts. It then examines the impact of these laws, along with the ongoing challenges related to inequality, health, and social justice. The report also discusses the role of the Aboriginal and Torres Strait Islander Commission Act and other amendments. The conclusion summarizes the evolution of legal and social standing, acknowledging both progress and persistent issues such as higher suicide rates and barriers to healthcare. The report emphasizes the ongoing struggle for equality and the importance of legal frameworks in protecting Indigenous rights.

LAWYERS JUSTICE AND
ETHICS

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Indigenous Australian are the aboriginal and terror strait Islander peoples of Australia, descended
from groups that existed in Australia and surrounding islands before British colonisation. This
report highlights the history of the Indigenous Australian in the Australia. After that the report
highlights the position of the Indigenous Australian before the implication of the modern law in
the country. After that the report highlights the Different Law which has been passed on by the
jurisdiction of the Australia to safeguard the position of the Indigenous Australian in the
Australia. In the end the report highlights the current situation of the Indigenous Australian in the
Australia and what are the changes which are brought by the modern Australia law to the
position of the Indigenous Australian.
MAIN BODY
Indigenous Australian are the aboriginal and terror strait Islander peoples of Australia,
descended from groups that existed in Australia and surrounding islands before British
colonisation. Generally this people in the Australia have a very complex genetic history. In
today's era there are 3.1 percent of abnormal population in the total Australian population.
Indigenous Australian are the people who are generally the backward caste group of the
Australia. This are the group of the people who are their in the Australia from the last 40,000
years. Generally this are the group of the people who has migrated from the another country and
used to follow the different type of the culture as compare to the original Australian culture.
Indigenous Australian has faced the variety of inequality issue in the past as this group in the
Australia are not accepted by all the employer in the country Malaspinas, & et.al., (2016)..
In modern era there are many laws and regulation which has been constructed to
safeguard the position of the Indigenous Australian in the country but at the time of implication
of Constitution of Australia on 1 January 1901, Australian constitution does not recognized the
Indigenous Australian in the law. Constitution did contains several reference which was
discriminate against Indigenous Australian but this was removed following the 1967 Federal
Referendum where 90 percent of votes were in the favour of yes to change the reference.
Indigenous Australian were mostly used to reside in the small town and was not having that sort
of good infrastructure or the opportunity to develop and grow in the country Gorman & et.al.,
(2015). Before implication of the modern law in Australia the position of Indigenous Australian
was not that good as inequality between them and the Original Australian was the common

activity for them. In the early 20th century many Indigenous Australian used to work as a
stockmen on sheep and castle station for extremely low rate as compare to the original Australian
in Australia. In the early 20th century Indigenous Australian was not having the right to vote in
any of the election of Australia. It was the year 1962, Commonwealth legislation specially given
the right to the Aboriginal people to vote in the commonwealth election.
Before the implement of the modern law their were many issue which was faced by the
Indigenous Australian in the country as their are was many inequality which was performed in
the country. Health position of the Indigenous Australia was the biggest issue which was faced
by the Australian government. In 1970 government has tried to implement the improvement but
the progress has been very slow and inconsistent. Substantial inequalities exist in regards to poor
health status of the Indigenous Australia and non-Indigenous in relation to the chronic and
communicable diseases, infant health, mental health and life expectation Altman, Roach, & Bek,
(2018). Work place inequality was one of the common issue which was faced by all the
Indigenous Australian in the country before the implementation of modern law in the
organization. Indigenous Australian worker was not getting the same amount of the wages or are
not paid that well by the employer as compare to the white Australia in the Australia. White
Australian were the one who used to get the bigger responsibility to perform in the organization
as compare to the Indigenous Australian irrespective of the skill set possess by the worker in the
organization. Another issue which was faced by the Indigenous Australian is that they were not
permitted to purchase the land in the Australia irrespective of their income etc. Discrimination
was the other big issue which was faced by the Indigenous Australian as they treated unfairly or
badly because the of their race, sex, religion, sexual orientation, age, or disability is illegal
Clifford & Shakeshaft, (2017).
Australian jurisdiction has implemented the variety of the law and regulation to safeguard
the position of Indigenous Australian in the country. Abnormal right Act 1976 is the first
example of the same in the Australia which states that the people living in the Northern territory
of the Australia can claim the right to land in Australia based on the tradition occupation of the
individual in the country. The act has helped the Indigenous Australian in calming the land in
which they were residing, this was the first act of this type after that Maralinga TjarutjaLand
Rights Act 1984 was the another act which was brought in the Australia by South Australia
Jurisdiction. Tasmania and Commonwealth are the another two Jurisdiction whom has brought

the right to land act to safe the right of the Indigenous Australian in the country. Aboriginal title
was the another Law was the another law which was passed to look at the interest of the
Aboriginal people who used to have the interest in the land that comes from the tradition and
custom. This act has helped the Aboriginal Australian to clarify the legal position of landholder
and the process to be followed for native title.
Aboriginal Heritage Act 1988 was the anothe act which was brought by the South
Australian legislation protecting and preserving the state's Aboriginal heritage in the division.
This has helped the Indigenous Australian to sabe their culture as under this act anybody can not
excavate the land of the Aboriginal site wiwthout any prior permision. Anybody cannot damange
any properity of Aboriginal site. This Act was implied to all the individual and the corporate in
the Australia. Any body found guilty of breaking the laws of the Act was at risk of individual
fines greater than $10,000 and corporate fines were greater than $50,000 Howitt & Lunkapis,
(2016). This act has helped the Indegionous Australian in saving their tradition and culture as it
was difficult for them in the past as their culuture or tradition have evolved or developed from
that tradition since European colonisation which was not accepted by many of the white
Australian or the Corporate. After implication of this act their were many other heritage act
which was implimented by the different jurisdiction in the Australia to safeguard the cultural and
the tradition of the Aboriginal and Torres Strait Islander in the Australia. Aboriginal Cultural
Heritage Act 2003 the act passed on by the Queensland juriisdiction and Aboriginal Heritage Act
2006 which was passed on the Victoria jurisdiction. Both of this act has also helped the
Indigenous person in the Australia to save their culture in the respective two division where the
Act has been implimanted.
Aboriginal and Torres Strait Islander commission Act 1989 was the another Act which
was implemented to safe the right of the Indegionous Australian in the Australia this was the act
which has include the variety of the ammendment under the overall umbrella of ATSIC. It was
eshtabilshed by the commonwealth Jurisdiction of the Ausralia. This was one of the biggest act
which has shaped the position of Indegionous Australian in the Australia as with the help of the
same only the Aborignal Australian were used to formally involved in the processes of
government affecting their lives. Aboriginal and Torres Strait Islander commission Act 1989 was
the group of the people who looks to overcome or overshights what is going on with the
Indigenous Australains in the Australia. This comminity used to include members from the

Aboriginal community also. Aborigines Act 1923 was the another Act which was passed by the
jurisdiction of South Australia which has helped the Indegiouns Australian in giving their child
the training which can help them in copping up with the Australian and also this act has make
sure that the chiolgren also get the training of the real culture of the Indegionous Australain..
Not only that their were many ammendment which were also made by the goverment of
the Australia to improve the postion of the Indegiouns Australian in the Australia. Such as the
health and care fees for the the Indegiouns Australian was lower down by the goverment by
making the Law that all the employer of the Australia has to do free medical insurance of the
employee working for them as the health issue was the common issue which was faced by
allmost all of the Indegenous Australian in the country Howitt, & Lunkapis, (2016).
As the modern law of the Australia has aimed to improve the position of Indegiouns
Australian in the Australia and try to bring the equality among the Indegiouns Australian and
White Australian in the Australia. The modern law has able to also do it by some extent but not
that signifivcantly as expected. The reason bvehind this is that the infrastructure and the facility
which is avilanble for White Australian is to good as compare to the indeginious Australain. This
is the big reason the number of the Sucide case of indeginious Australain is way high that is 4
times higher than that of a White Australin in the country. The reason for the same was uncertain
as the stress level in this group of the people is to high due to the limited oppourtunity which is
available in front of them. The age-specific death rate for Aboriginal and Torres Strait Islander
child suicide was 8.3 deaths per 100,000, compared to 2.1 per 100,000 for non-Indigenous
children. Another barrier which is gaced by the australian govermanty is that they are not able to
pass on the Fre flu and pneumococcal vaccinations to the indigenious Australian. As explained in
the above paragraph that the different ammendement was made to provide the free or low health
care to the Indegenous Australian but it has proven difficult for the contitution to provide the
same to the Indigenbious Australian in the Australia. Not only that the Act which was made by
the constitute of the Australia has helped the country in saving the right of the Indegenous
Australia in country. One of the biggest evedience of the same was that the High court of
Australia has handed the order to the goverment of the Australia that they have to pay the billion
of the dollar to the Indegigenous group for the land which has been taken by the goverment in
the past Altman, Liddle& Roach, (2018). This order was passed on the case which was brought
by the Chris Griffiths and Lorraine Jones. This type of the cases has shown that the modern law

in the Australia has improved the position of the Indegenous Australian in the Australia Corey &
et.al., (2018).
CONCLUSION
After going through the above report it has been summarized that Aboriginal Australian used to
faced the variety of the inequality in the country due to the culture, caste they belong to, also
they were ignored by the constitution of the Australia at the time of the construction of
constitution in 1901. After that the report summarized that there are many rules and law were
made by the Australian government to safeguard the position of the Indigenous Australian but
they were not that good enough that the position of the group can be improved in the Australia
but has shown the some sort of the growth.

REFERENCES
Books and Journals
Malaspinas, & et.al., (2016). A genomic history of Aboriginal Australia. Nature, 538(7624),
207.O'Connor, S., 2017. 30,000 Years of Aboriginal occupation: Kimberley, north west
Australia. Canberra, ACT: Dept. of Archaeology and Natural History, The Australian
National University..
Gorman, S & et.al., (2015). Aboriginal rules: The black history of Australian football. The
International Journal of the History of Sport. 32(16). 1947-1962.\
Altman, J., Roach, L. M., & Bek, H. J. (2018). Native title and indigenous Australian utilisation
of wildlife: policy perspectives.
Clifford, A., & Shakeshaft, A. (2017). A bibliometric review of drug and alcohol research
focused on Indigenous peoples of Australia, New Zealand, Canada and the United States.
Drug and alcohol review. 36(4). 509-522.
Howitt, R., & Lunkapis, G. J. (2016). Coexistence: planning and the challenge of indigenous
rights. In The Ashgate Research Companion to Planning Theory (pp. 127-152).
Routledge.
Altman, J., Liddle, L. E., & Roach, L. M. (2018). Utilisation of native wildlife by indigenous
Australians: commercial considerations. Canberra, ACT: Centre for Aboriginal
Economic Policy Research (CAEPR), The Australian National University.
Corey, B. & et.al., (2018). Commercial harvests of saltwater crocodile Crocodylus porosus eggs
by Indigenous people in northern Australia: lessons for long-term viability and
management. Oryx. 52(4). 697-708.
Taylor, K., & Guerin, P. (2019). Health care and Indigenous Australians: cultural safety in
practice. Macmillan International Higher Education.
Waterworth & et.al., (2016). Factors affecting indigenous west Australians’ health behavior:
Indigenous perspectives. Qualitative Health Research. 26(1). 55-68.
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