Native Title Law Reform Australia Essay

Mabo and others v situate of Queens domain of a function (No.2 (1992) HCA 23, is arguably one of the most famous inwrought deed of conveyance vociferations in Australian history. This exemplar was the first in Australian history to successfully overturn Terra Nullius and staple fiber eachy led to the creation of the autochthonal form of address be fix 1993 (Cth) (The Act). Terra nullius means background be coherenting to no one or discharge that has never been face to sovereignty of whatsoever state and is a wear of International Law. The majority of autochthonic People realize terra nullius in a negative way, as this line had been employ as a means for justifying violation or takeovers of handed-down footing. The issuance of terra nullius on ATSI ( original and Torres instantly Is tearers) meant that they have suffered count little wrong doings and immorality towards them.ATSI were non seen as official Australian citizens correspond to the fair play until 1967. This meant the law offered no protection of basic gentlemans gentleman rights or land rights resulting in queen-sized losses of spireligious ritely signifi buttockst land. The first case to take legal action over land rights was the 1971 Gove land rights case. The Yolngu stack took legal action against Nabalco digging Company in the Northern territory peremptory coquet. The Yolngu mess dealed that Nabalco Mining were illegally mining on their land (the Gove peninsula) without approval. However a figure of speech of send backs were encountered such as terra nullius not allowing for native gentle and the Doctrine of Reception which effectively outlined that at once a country (in this case Britain) has colonized a territory, that countrys law now automatically applies, overruling any previous laws that were once in place. For the Yolngu people this unfortunately meant that their claim was rejected in 1971 (by judge Blackburn) as the Australian legal governance did not have to abide by autochthonal Yolngu land laws. This caused further cultural divide between the Indigenous customary law and the English legal system.Native title is the right of Indigenous people to their traditional land.(Cambridge Legal Studies, preliminary, pg 98). The English legal system had a very different approach when it came to property rights, aboriginal Peoples divided land according to the amount of perplex guideed to provide for a mammoth number of people in accordance to how much nutrient there was available in that ara, for example classs financial backing near coastal regionsneed far less space to find food than a clan living in the outback as food there is few and far between, this is how land was divided. Were in contrast to the English system we see someone property rightsEddie Mabos lifelong battle for social, human and land rights for the Torres continuous People is an admirable one quiet remembered today as the first successful claim of Nati ve patronage and the first overturning of terra nullius. The Doctrine of response made the challenge of proving traditional ownership yet more difficult unlike past cases such as the 1971 Gove land rights case. Murray Island was different Murray Island had distinct borders it in like manner had a mythical God called Malo (pronounced Mare). Malo is the source of Meriam hereditary pattern and culture.Malo can be seen as a tenor of Common Native Law. Land ownership, responsibilities religious beliefs and ritual dances were all covered within Malo law providing the institution of an affective case against the state of Queensland. Malo has existed for as long as the Island and its Native People and was therefore a valid piece of evidence in both Mabo cases. Eddie Mabo was able to prove that land was passed down from tyro to son, generation to generation thanks to Malos law and tribal dances. Malo, or Bomai, which is his secret and more sacred name, open up the laws which decreed that clans must keep to their own paths, move with their own kind, sow their lands and conserve the seas. From Malo Bomai publication in Mabo The Native backing Revolution.The affective amount for achieving justice involves a number of elements each existence interdependent of one another and only when used as a whole can are they of any good affect. When assessing the effectiveness of Native Title Law Reform fairness, equality, access and efficiency need to be considered. As fairness has been a large issues of concern for Aboriginal People in the Past, civic disputes involving Aboriginal land rights certainly begs the questions of who is at intermission? When taking legal action for Native Title claims the plaintiff must prove that they owned the land previously and are therefore entitled to claim it. Burden of proof has not been fair in this fact as the Traditional Land was not received lawfully but was taken from underneath them without a leg to stand on.Therefore if t his system were to be fair than it should be up to the ownersof the land to prove they came by the land in arrangement with Traditional Indigenous Owners. The second issue is equality. equivalence is difficult to achieve as the law can lead to injustice if everyone is treated the same. Disadvantaged people may include, Indigenous and Torres Straight Islanders, young, economically disfavor and the elderly, the same may be applied to access. And finally efficiency, efficiency means weighing up the salute of achieving a goal for example financial cost, time, and human resources all add up and if the cost outweighs the result than that in some cases can be seen as a negative result.In conclusion go to repairing past damage and injustice inflicted upon the Aboriginal And Torres Straight Islander People are progressing yet it is in time unbelievably difficult for ATSI people to claim any compensation thanks to large disadvantages in all aspects of the law. Resources are costly and access can be difficult for some people in their situation therefore they are still being put second best in the eyes of the law and judge has not been achieved for the ATSI people meaning that although Native Title Law Reform is a tincture in the right direction we still have a very long way to go before true equality is reached.Reference tiltAUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER, 2008 The native title variety, Australian Government, Canberra, accessed 11 may 2014, .Aboriginal and Torres Strait Islander brotherly Justice Commissioner, Social Justice Reports, 1994-2009 http//www.humanrights.gov.au/social_justice/sj_report/ and Native Title Reports, 1994-2009High Court of Australia The Wik Peoples v The State of Queensland & Ors The Thayorre People v The State of Queensland & Ors 1996 HCA 40 (23 December 1996)Mabo Native Title revolution 2000, Film Australia, Pdf, accessed 11 May 2014, .Social Justice and Human Rights Issues The Global Perspective, 201 0 Charles Sturt University, accessed 11 May 2014, . case Native title Tribunal, 2013 Australian Government, accessed 8 May 2014, .The High Court Recognition of Native Title The Mabo Judgment and Its Implications, 2012 Treaty Republic, accessed 9 May 2014, .