Topic > Aboriginal land rights in Australia - 1873

Terra Nullius was once evident in Australian society, but has now been nullified with the turn of the century. With political changes in our society and apologies to Indigenous Australians, society is now seeing an increase in Aboriginal people 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 Australia's history. Considerable debate has arisen within society about whether Aboriginal people have a right to land that has cultural significance and whether current landowners will be able to maintain their land. One issue society faces is whether existing legislation is sufficient to balance indigenous rights. Australians and the rights of current landowners who will be affected by the Native Title Act 1993 (Cth). To determine whether the legislation is sufficient and fair, legislators should consider a survey of current social views. These legislators needed to evaluate the ways in which other societies had met the needs of indigenous landowners. Through consideration of these points, recommendations and changes to legislation need to be discussed and implemented to ensure fairer land rights legislation in Australia. Aboriginal and Torres Strait Islander people's struggles 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) opened the way for indigenous Australians to get back what had been 'stolen' from them in 1788 when the English 'invaded' (ATSIC:1988). The focus of past legislation was...... middle of document ......oseville NSW: McGraw Hill.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 PressKeon-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 the history of Western Australia. Australian Government. 1993. Addressing 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