• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Aboriginal and Torres Strait Islander people have faced disadvantages in various areas, particularly housing

Extracts from this document...

Introduction

HOUSING- Aboriginal and Torres Strait Islanders Aboriginal and Torres Strait Islander people have faced disadvantages in various areas, particularly housing. The disadvantages these people face now are the result of policies introduced by the European settlers, then the government. The policies introduced were protection, assimilation, integration and self-determination. It is hard to understand the housing disadvantages faced by Aboriginal and Torres Strait Islander people if their history is not known. In 1788 when the European settlers "colonised" Australia, the Australian land was known as "terra nullius" which means "land belonging to no-one". This decision set the stage for the problems and disadvantages faced by the Aboriginal and Torres Strait Islander people for 216 years. The protection policy was meant to disperse tribes and force Aboriginal and Torres Strait Islander people off their traditional land so the "white Australian's" could have more control. The protection policy enforced by the British colonies drove the Aboriginal and Torres Strait Islander onto reserves. These reserves were run by religious missionaries and supervised by the Aboriginal Protection Board from 1883. The protection policy was reinforced by the Aborigines Protection Act (NSW) 1909. This Act was in force until 1969. The Act allowed police to withhold rations to pressure the Aboriginal and Torres Strait Islander people to move and expelled whole clans from specific districts. Conditions were extremely poor on the reserves. ...read more.

Middle

The government approved a mining lease and the Yirrkala wanted to prove that their tribe held native title over the reserve land. The court came to a decision "that Australia's status as "terra nullius" was a matter of law" therefore the "ownership of land in Australia was passed to the Crown when Australia was colonized and the courts could not change this law. This decision showed that there was still some approval of terra nullius. In the case of Mabo & Ors v. Queensland (No.2) (1992) 175 CLR 1 the Meriam people were found to be the traditional owners of Murray Islands in the Torres Strait. The courts found that the Meriam people were the traditional owners of the land for a number of reasons:- 1. They were the only inhabitants of the land. 2. Australia was not "terra nullius" - because of this the Crown did not completely own all land in Australia after colonization. 3. The Crown only owned parts of the land that the Aboriginal and Torres Strait Islander were not living on. 4. The Meriam proved that they had a continuos link to the land and still traditionally. The Mabo decision exonerated the doctrine of Terra Nullius and admitted that Aboriginal and Torres Strait Islanders held Native Title over the land. The Native Title Act (Cth) 1993 put the decisions and findings of the Mabo case into law. ...read more.

Conclusion

Legislation introduced in the past 40 years has and is helping in the fight for equal opportunities for Aboriginal to gain housing. This legislation includes: Racial Discrimination Act (Cth) 1975 and Anti-Discrimination Act (NSW) 1977:- protects people from direct and indirect discrimination due to their race. If an Aboriginal or Torres Strait Islander feels they have been discriminated against due to their race they can report the matter to the Anti-Discrimination Board. Aboriginal Housing Act (NSW) 1998:- established the Aboriginal Housing Office to administer and co-ordinate supply of housing for Aboriginal people in NSW. The Government's also provide Aboriginal and Torres Strait Islander people with programs and help to rent and buy accommodation. The NSW Department of Housing provides public housing for Aboriginal and Torres Strait Islander people under the "Housing for Aborigines Program". The actions of the State and Federal Government(s) have being questionable over the centuries since the 'colonization' of Australia, but as Australia becomes more of a multicultural and multi-racial society Aboriginal and Torres Strait Islander people acceptance is rising. The disadvantages Aboriginal and Torres Strait Islander people face is decreasing slowly by the government as introduce legislation and form commissions. There will always be problems for Aboriginal and Torres Strait Islander people in relation to housing, but the Australia is heading in the right direction to correct this problem and provide a much better future for Aboriginal and Torres Strait Islander people and the whole of Australia. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. "The main aims of the Land Registration Acts were to give certainty to title ...

    11 Qualified title is when there is some defect in the title. 12 Possessory title exists when insufficient evidence is shown on application for first registration. 13 'The register is everything; an owner's title is conclusive and persons dealing with registered owners are not required to go behind the register'.

  2. To what extent do you think these aims have been (or will be) facilitated ...

    A person has constructive notice if the fact would have come to light had proper searches and enquiries been made before acquiring the estate. Osborn's Concise Law Dictionary, Sweet & Maxwell 9 1. Register of pending actions, 2. Register of writs and orders, 3. Register of deeds of arrangement, 4.

  1. Advice on an incident concerning Land Registration.

    with the previous Developers Ltd's option to purchase; it will be void against a purchaser for money or money's worth of a legal estate in the land.8 The lease is not a legal lease so it will take effect in equity.

  2. Indigenous peoples, almost without exception, have been dispossessed and disregarded by those who 'discovered' ...

    In this situation, it may be better put that a person bringing a communication must take all reasonable steps to pursue a domestic remedy, but where such a remedy is denied or delayed unreasonably, other remedies may be sought. It will be presumed that the case is not being considered

  1. What are the advantages & disadvantages of secondary legislation.

    Certain corporations such as the British Airports Authority also make byelaws for the regulation of their under takings. A statutory power to make byelaws includes a power to rescind, revoke, amend or vary them. By contrast with most other forms of secondary legislation, byelaws are not subject to any form

  2. Investigate The Employment Of People With Disabilities

    Voice disorders, so-called dysphonias, may be the product of disease or accidents that affect the larynx. They may also be caused by such physical anomalies as incomplete development or other congenital defect of the vocal cords. The most frequent cause, however, is chronic abuse of the vocal apparatus, either by

  1. Women and Discrimination under the Law

    The ineffectiveness of the supposedly protective legislation is apparent in the fact that it has been close to thirty years since the laws were passed yet gender inequalities still continue to exist in the labour market. The inadequacies of the Sex Discrimination Act can be further illustrated by its application in pregnancy and maternity cases.

  2. Should people have a right to privacy?

    Numerous cases have been won in the courts, for example Sienna Miller won £100,000 damages, Andy Gray received £20,000 and Max Clifford brought a private case and obtained a reported settlement of £700,000. Glenn Mulclaire was jailed in January 2007 for when he confessed unlawfully intercepting voicemail messages received by

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work