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It all started in 1788, when the Europeans landed on Australia and applied the ‘terra nullius’ doctrine on the basis that Australia was uninhabited because the Europeans did not recognise the traditions and customs that were practiced by ABTSI at that time. The Europeans did not take in account their feelings especially when the policy of ‘dispersal’ was introduced, which was a policy of systematic slaughter of ABTSI. The end of the 19th Century brought out the official policy of ‘protection’ but the ABTSI still did not have any legal rights. Under the Commonwealth Electoral Act 1918, ABTSI were not allowed to vote in federal elections if they did not have the right to vote in state elections. However, years of lobbying, gained them the right to vote in federal, Western Australia and Northern Territory elections in 1962. The 1967 referendum changed the Constitution so that ABTSI were counted in the census and that the Commonwealth Government could make laws regarding them. Even though they have more rights today, compared to the non-indigenous Australians, they are few who take part in the civil proceedings, particularly as plaintiffs. In 1986, The Australian Law Reform Commission recommended that the government to pass legislation that allows ABTSI, to give evidence about their customs and traditions and that the evidence is admissible in court in a document called the Recognition of Aboriginal Customary Laws.
Approximate Word count = 750
Approximate Pages = 3
(250 words per page double spaced)
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