Sunday, April 18, 2010

Aboriginals - List of Acts/Constitution Shit/HR Conventions

Native Title Act 1993
-Established National Native Title Tribunal
-Prescribed necessary criteria to approve applications
-Federal court gives effects

1967 Referendum!
-Remove perception of discrimination
-Meet approved moral standards of human rights
-Allow commonwealth to make national laws about indigenous affairs

Section 51 (xxvi)
'other then the aboriginal race in any state'
-Making indigenous affairs a prohibited power of commonwealth and residual power

Section 127
'where the population of the aboriginal natives shall not be counted'
-Removal : allowing same citizen rights for them like other Australians


Federal Statutes

Racial Discrimination Act 1975
-passed under obligations of International Convention on the Elimination of All Forms of Racial Discrimination
-Makes discrimination based on color, national or ethic origin unlawful.

Racial Hatred Act 1995
Amends and expands the coverage of RDA
-Making it unlawful to offend, insult, humiliate or intimidate

Human Rights and Equal Opportunity Commission Act 1986
-Created the commission now known as Australian Human Rights Commission
-Administers RDA and RHA


Council for Aboriginal Reconcilitation Act 1991
-Established the Council for Aboriginal Reconcilitation to build better communication and understanding.
-Aims to address issues such as cultural recognition and shared ownership or history

Aboriginal and Torres Strait Islander Heritage Protection Act 1984
-Protects and preserves significant parts of aboriginal people's cultural heritage and complement state acts

State Statutes

Bad

1911 South Australia : Aborigines Act
Power to segregate Aboriginal people onto reserves/power to arrest

1923 South Australia Aborigines (Training for children) Act

Good

Equal Opportunity Act 1984
-Consolidated a few discrimination acts including South Australian Racial Discrimination Act 1976
-Administered by State Equal Opportunity Commissioner
-Aggrived persons can complain to Equal Opportunity Tribunal

Racial Vilification Act 1996
-Allows civil claims to be made for damages, as well as criminal prosecutions of companies and individuals.
-Administered by SA Equal Opportunity Tribunal(EOT)

Aboriginal Heritage Act 1988
-Committee includes indigenous representatives
-Advises minister to protect/preserve sacred Aboriginal sites, objects or remains
-A Register of Aboriginal Sites and Objects maintained by Minister

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