Native title

principles for determining the existence of common law native title. Thus the ‘recognition’ of aboriginal people’s law and customs in relation to the determination , and its twin concept of ‘ extinguishment’ of common law native title. In response to the court

The Effectiveness of Native Title The debate about native title issues has tended to see issues from idealistic perspectives ignoring the practical realities that native title poses to governments, industry and indigenous people. The implementation of the Native Title is an appropriate and significant aspect of Australia’s common and statute law, which effectively strives to develop a fair outcome for all Australian citizens. The Native Title Act 1993, like the court

reform in relation to Native Title has developed and become testament to the growing justice for the ATSI community, however effective mean and complete justice is yet to be achieved. From the changing values and attitudes of society, alongside conditions of social change and new concepts of justice- ATSI justice is being implemented, with law reform. With seminal cases alike Mabo and Wik, legislation has been delegated and changed accordingly; with the recognition of Native title - finally succeeding

Examine the effectiveness of Law Reform in relation to Native Title and one contemporary issue. Various aspects of law reform prove to be ineffective whilst certain aspects prove to be effective. Law reform in relation to Bail and Native title has proven to be somewhat effective in engaging in the protection of individual rights and meeting society’s needs, amending and creating new legislation to maintain with new concepts of justice and changing social values. This is evident in the Bail Act

additional legislation protecting First Peoples native title claims, little buffer presently exists to prevent land claims from being extinguished. The recent McGlade v Native Title Registrar (2017) decision stands to counter Indigenous Peoples’ rights, as well as amendments to the Native Title Act 1993 Cth to impeach on Indigenous communities’ livelihoods by the restriction of their entitlement

acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title ruling of the Aboriginal people’s land rights after the High Court passed the Act in 1993; in addition, due to this alteration of Australian laws, it not only had a big impact of Murray islanders but also on some other groups of Aboriginal people’s

Discuss why Aboriginal deaths in custody happened and the importance of the Royal commission. In the late 20th century, Australia?s indigenous peoples were 29 times more likely to be put in jail than other Australians; 20 times more likely to be picked up by the police; less likely to receive bail or have legal representation in the court; and more likely to plead guilty. At the same time, indigenous peoples were less likely to be called up for jury duty than other Australians. The Aboriginal Legal

as the traditional owners of the land, and their customs and traditions recognised. It also made improvements between the relationship of Aboriginals and non-Aboriginal people. The Mabo Decision also led to the declaration of the Native Title Act in 1993. The Native Title Act is the recognition of Aboriginal people having rights and interests in certain land because of their unique connection with it. The Mabo Decision challenged the Australian Legal system and fought for recognition of Aboriginals

recognition of indigenous rights to land. In your answer, consider the benefits and limitations of the Native Title Act and recent United Nations criticisms of the current Act. For years we have witnessed the Indigenous population’s political struggle for recognition of rights to Australian land. At times the effort appears to be endless and achieving recognition almost seems impossible. Native Title and Land claims have become a step closer in achieving this recognition; however, for land rights to

belonged to nobody before British Settlement. Aboriginal and Torres Strait Islander people across Australia were finally recognised and respected as the ancestors of the land and the first people of Australia (Pascoe, 2012; Reilly 2002). In 1993, the Native Title Act was passed