This guide covers Indigenous or Aboriginal law, and legal issues affecting indigenous peoples.
"Australian law recognises certain aspects of Indigenous law and custom within its own system. This includes such things as traditional rights to fishing, or land rights, and community involvement in rehabilitating or punishing criminal offenders. Some of this law stems from developments in international law, and is generally reflective of greater recognition of the independent cultural identities of indigenous people across the world."
(From the Tasmanian Law Handbook - 'What is Indigenous Law?')
- Look at Halsbury's Laws of Australia - Title 5 Aboriginal and Torres Strait Islanders (via Lexis Advance)
- Find related resources on the Indigenous Cultures and Histories Subject Guide
- In the Law Faculty you will usually cite according to AGLC4. If you need further guidance on citing Indigenous Knowledge find more information on this Citing and Referencing Guide. This page also offers some guidance.
Resources
Look for more books using Search
One subject heading used is Aboriginal Australians -- Legal status, laws, etc
Keeping hold of justice : encounters between law and colonialism by ISBN: 9780472126279Publication Date: 2020
The land is our history : indigeneity, law, and the settler state by ISBN: 9780190600051Publication Date: 2016
No Small Change: The Road to Recognition for Indigenous Australia by ISBN: 9780702253324Publication Date: 2015
Aboriginal Customary Law: A Source of Common Law Title to Land by ISBN: 9781849465533Publication Date: 2014-03-06
Indigenous legal issues : commentary and materials by ISBN: 9780455225722Publication Date: 4th ed, 2009
- APO First Peoples & Public Policy CollectionBrings together diverse, policy-relevant resources from the existing APO repository of over 40,000 resources, as well as new materials sourced from universities, think tanks, the media, and government departments and agencies.
- Australian Indigenous Law Library (AustLII)Free access to cases, legislation, reports and journal articles covering indigenous law.
- Native Title Infobase (Federal Court of Australia)This database contains Australian material relating to native title and land claims including journal articles, books, book chapters, conference papers, reports and press clippings. This collection began in the 1990s, although some material dates back to 1839.
- Indigenous Australia (Informit) This link opens in a new window(Informit) Represents the collections of the Aboriginal and Torres Strait Islander Commission (ASTIC) Library. Ceased publication in Dec. 2002.
- Native Title (Lexis Advance)The Native Title Service is an ideal one-stop reference to native title law. It is specially designed to assist lawyers, government, Aboriginal, mining and pastoral organisations practise in the area of native title law.
Australian legislation
Check Lawlex for more, and to update legislation.
Commonwealth legislation
Victoria
- Treaty for VictoriaTreaty is about a better shared future for all Victorians.
- Constitution Alteration (Aboriginals) 1967The Constitution amendment which received assent on August 10, 1967.
- Constitutional Recognition, Self-Determination and an Indigenous Representative Body by Melissa CastanIndigenous Law Bulletin, vol 8, issue 19, 2015
SSRN - Monash University Faculty of Law Legal Studies, Research Paper No. 2015/14
Everything you need to know about the referendum to recognise indigenous Australians by Call Number: eBookISBN: 9781742241944Publication Date: 2015
Cases
Check CaseBase or Westlaw Australia (Cases) for more, and to update case law.
Native Title significant cases
Other Decisions, Tribunals and Courts
- Significant CasesSignificant Cases flagged by the Judicial College of Victoria
Mabo resources
- Mabo Collection (National Library of Australia)The Library purchased the personal papers of Edward Koiki Mabo from his wife, Bonita Mabo, in 1995 and 2002. The papers relating to the Mabo Case were donated in 2000 by Bryan Keon-Cohen, one of the barristers acting for the plaintiffs.
- Life of an Island ManStreamed video via Artfilms Digital.
- After MaboStreamed via Informit EduTV
- Australian Indigenous Law ReviewPreviously Australian Indigenous Law Reporter 1996-2006
- Indigenous Law BulletinPreviously Aboriginal Law Bulletin 1981-1997
Papers
- Constitutional Recognition, Self-Determination and an Indigenous Representative Body by Melissa CastanIndigenous Law Bulletin, vol 8, issue 19, 2015
SSRN - Monash University Faculty of Law Legal Studies
Research Paper No. 2015/14 - More Aqua Nullius?: The Traditional Owner Settlement Act 2010 (Vic) and the Neglect of Indigenous Rights to Manage Inland Water Resources by Katie O'BryanMelbourne University Law Review, Vol. 40, 2016
Available on SSRN.
- Australian Human Rights Commission - Native Title ReportsUnder the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament.
- Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126)Tabled 4 June 2015
This Report marks the first major review of the law governing ‘connection’ in native title claims since the introduction of the Native Title Act 1993 (Cth). It also examines authorisation of persons bringing claims and joinder of parties to a native title claim. - Incarceration rates of Aboriginal and Torres Strait Islander peoples (ALRC)The ALRC received final Terms of Reference on 10 February 2017. The terms of reference request that the ALRC examine the the laws, frameworks and institutions and broader contextual factors that lead to the disturbing over‑representation of Aboriginal and Torres Strait Islander peoples in our prison system.
- Castan Centre Indigenous Rights video clipsA playlist of Castan Centre videos on YouTube.
- National Indigenous TV (NITV)Watch NITV programs On Demand or access via EduTV or Kanopy databases.
- Informit EduTVLook here for educational programs from Australian TV covering a variety of indigenous issues.
- KanopyLook here for a wide variety of films and documentaries covering indigenous issues from around the world.
- CERD Report - International Convention on the Elimination of Racial Discrimination (AustLII)Australian Government legislative, judicial, administrative and other measures against the practice of racial discrimination.
- First Nations Legal & Research Services (previously Native Title Services Victoria)First Nations Legal & Research Services works with groups who wish to pursue land justice outcomes in Victoria through formal recognition
- Indigenous Law Centre (UNSW)The Indigenous Law Centre, based at UNSW Law, is the only Indigenous law centre in Australia.
- Timeline: Legal Developments Affecting Indigenous People (AustLII)The timeline includes case law, legislation, treaties, and other legal and political documents which have affected Indigenous people's rights in Australia.
- Judicial College of VictoriaFirst Nations Resources
- Aboriginal language and communication in the courtsAboriginal language and communication in the courts via the Judicial College of Victoria
- William Cooper InstituteA hub for Aboriginal and Torres Strait Islander research, learning and engagement - promoting Indigenous leadership and advancement across Monash University.
Research at Monash
- Castan Centre for Human Rights LawThe Castan Centre includes Indigenous issues in its areas of work. See its work on policy, research and publications, videos and events.
- Monash Indigenous Studies Centre (MISC)MISC offers units that aim to encourage students to understand the past and contemporary experiences of Indigenous Australians.
- Faculty of Law - Melissa CastanMs Melissa Castan is a senior lecturer with teaching and research interests in indigenous legal issues.
Law and Popular CultureISBN: 9780409339284Publication Date: 2015Chapter 10 Australian indigenous legal issues by Melissa Castan
- Faculty of Law - Dr Stephen GrayDr Stephen Gray is a senior lecturer with teaching and research interests in Aboriginal affairs and Indigenous legal issues.
Critical Perspectives on Coercive Interventions by ISBN: 9781315158693Publication Date: 2018Chapter 8: The Healthy Welfare Card: indigenous empowerment or 'remote control'?
Health Law: Frameworks and Context by ISBN: 9781107455474Publication Date: 2017Chapter - Indigenous health and the law by Stephen Gray
- Faculty of Law - Dr Katie O'BryanDr Bryan is a lecturer with teaching and research interests in Indigenous Legal Rights and Native Title.
Reconciliation in Regional Australia : Case Studies from Gippsland by ISBN: 9781921875717Publication Date: 2012Chapter 8 - Native title and reconciliation : the Gunaikurnai consent determination by Katie O'Bryan
