76068 Indigenous Peoples and the Law

The relationship between Indigenous peoples and the law goes to the foundations of Australia's legal and political identity. Competition for land ownership has defined and driven race relations in Australia. This subject examines the historical dispossession of Indigenous people with reference to how this has impacted on current legal relations and debates. The dispossession by law and war together with the belated and partial recognition of Indigenous peoples in the Mabo (No. 2) decision are evaluated. Land rights legislation, native title legislation and subsequent developments including the Wik decision are examined. Indigenous Australians are the most incarcerated people in the world. Indigenous peoples' relations with the criminal justice system with particular reference to community/police relations are considered. Dispersal of communities and forced removal of children from their families have possibly had the most devastating impact of all colonial policies on Indigenous peoples. These are considered in detail with particular reference to current impacts on these people in areas such as welfare law, juvenile justice and family law. Between 1972 and 1995, all federal governments had a policy of self-determination with regard to Indigenous peoples. The meanings and implications of this policy are examined in the context of self-determination policies in comparable countries such as Canada and the United States. Consideration is given to the formation and role of Indigenous corporations, Australian and Canadian models of self-government, the Aboriginal and Torres Strait Islander Commission and international standards and developing norms.