In 1939 the “Exemption Certificate” was introduced. This certificate gave Aboriginal and Torres Strait Islander people the opportunity to become ‘normal’ people if they follow government orders. The orders included the people were not allowed to live on the reserves, therefore not allowed to be with their families, and not allowed to socialize with non-Aboriginal and Torres Strait Islanders. This leaves the exempted Aboriginal and Torres Strait Islanders lonely and without any proper life. The exempted Aboriginal and Torres Strait Islander people were allowed to open bank accounts, purchase land and legally drink alcohol. Often the exempted people did not do any of these as the bank, real estate and shop assistants would discriminate against the exempted Aboriginal and Torres Strait Islander people.
Under the Aboriginal Affairs Act (SA) 1962 exemption certificates were abolished and Aboriginal and Torres Strait Islander people had to apply for permission to visit their former reserves and homes.
The Integration policy was recognized more during the 1970’s. The Integration policy was a step up from the Assimilation policy as the Integration policy recognized the rights of Aboriginal and Torres Strait Islander people to maintain traditions, culture and language. The Integration policy also allowed the Aboriginal and Torres Strait Islander to choose to live in their own community with little government intervention. During this time there was a growing support for the Aboriginal and Torres Strait Islander peoples.
Between 1966 and 1983 a number of pieces of legislation were passed that recognized land rights of the Aboriginal and Torres Strait Islander people. These pieces of legislation included:-
Aboriginal Land Rights (NT) 1976: Transfer of reserves to Aboriginal trusts, and traditional land owners could claim unsettled Crown land.
Pitjantjatjara Land Rights Act (SA) 1981: Gives control of land to Anagu Pitjantjatjara Council. The land cannot be used without the consent of the traditional owners.
Aboriginal Land Rights Act (NSW) 1983: established land councils to allow Aboriginal communities to buy their traditional land on the public market
The case of Millirrpum v. Nabalco Pty Ltd (1971) 17 FLR 141 (the Gove Land Rights case) showed that some authorities still believed that Australia was “terra nullius” when it was ‘colonized’ in 1788. The case was about the Yirrkala people trying to protect their previous reserve from being mined by Nabalco Pty Ltd. 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.
The legislation introduced during the past 50 years has struck down the disadvantages faced by the Aboriginal and Torres Strait Islander people in relation to Native Title. In the past 10-20 years there has being legislation introduced to protect Aboriginal and Torres Strait Islander people from housing disadvantages. The disadvantages faced by Aboriginal and Torres Strait Islander people can be classified under two titles-conditions and discrimination.
The financial disadvantages faced by Aboriginal and Torres Strait Islander influence the conditions they live in. In the early 1970’s 15-20% of Aboriginal and Torres Strait Islander families live in shacks and impoverished conditions. Many of the houses on the reserves were actually tin sheds with dirt floors and no ready conveniences e.g. water, waste removal and electricity. The conditions were not sanitary and caused many illnesses in the Aboriginal and Torres Strait Islander reserves.
In 2001 93% of Aboriginal and Torres Strait Islander communal living areas had access to electricity compared to 72% in 1992. This shows that both the State Governments and Federal Government are increasing funding to help the disadvantages face by the thousands of Aboriginal and Torres Strait Islander people. The Australian Federal Government spends a percentage of government revenue on public and community housing. Approximately 20% of this money spent is for Aboriginal and Torres Strait Islander housing. It has being proven that there is a clear link between living standards and the health of Aboriginal and Torres Strait Islander people. A decrease in living standards can pave the way for unhealthy habits to form e.g. excessive consumption of alcohol and drug-taking.
A high profile building of housing commission units situated in Redfern colloquially named “The Block” is known to be in a disgraceful state and their is a local drug community. The building of these units were undertaken by the Aboriginal Housing Commission which is a “private, non-profit charity and the first affordable housing provider for Aboriginal and Torres Strait Islander people in Australia”. The Commission owns and manages “the Block”. Currently this area is being rebuilt due to the public realization of the unsavoury conditions of “the Block” and surrounding area. This was brought to the public’s attention after the death of a Redfern teenager T.J. Hickey made national newspapers.
Discrimination is also a factor facing Aboriginal and Torres Strait Islander people in relation to housing. Numerous Aboriginal and Torres Strait Islander people reported being discriminated against when seeking a place to rent. This is because there are still people that have racist views towards the Aboriginal and Torres Strait Islander people. These views maybe due to the landlord’s concern that the Aboriginal person(s) living there may not pay rent, other tenants may not want to live in close proximity to Aboriginal and Torres Strait Islanders.
Due to problem of not being able to find rental accommodation the Aboriginal and Torres Strait Islander people have to rely on housing provided to them by the State Governments, Australian Federal Government and Housing Commissions such as the Aboriginal Housing Commission. Approximately one-third of all Aboriginal and Torres Strait Islander people in Australia reside in public or commission housing. The standard of living in these housing units is poor compared to the public or commission housing units provided to non-Aboriginal and Torres Strait Islanders.
The State Governments and Federal Government have provided the Aboriginal and Torres Strait Islanders with help to overcome the disadvantages they face in today’s world. 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.
