HIST1051 Lecture Notes - Lecture 9: Margaret Tucker, Commonwealth Electoral Act 1918, Miscegenation
• Week Nine
• Lecture 9.1: State Control
• Sorry Day
• 26 May 2000
• Introduction
• Lecture Summary
Part One:
o Missionaries and Protectors 19th century
o The introduction of state control
o 20th century legislation
Part Two:
o Features of State Control
o Aboriginal rights and resistance
• Key Questions
1) How and why was state control imposed upon Aboriginal and Torres Strait Islander people?
2) What were the key features of such control?
3) What status and rights did Indigenous Australians have under state control?
• Missionaries and Protectors
• the “tate – administrative juridical-legal apparatus of rule over people within a defined
territory
• Macuaies Natie Istitutio
• 1833 abolition of slavery
• 1838 Myall Creek massacre hangings
• Establishment of missions and protectorates 1820s-40s; second wave in the latter half of
19th C, with minimal or no state involvement
• Introduction of State Control
• Pressures for state intervention from 1870s to Federation:
1. …
2. …
3. …
• Legislation:
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• Vic Central Board 1860; Aborigines Act 1886.
• NSW Protection Board 1883; Aborigines Act 1909/1915/1936
• Qld Act 1897;
• WA Act 1886 and 1905;
• SA Act 1911/1923/1939;
• NT Ordinance 1911
• PART TWO
• Features of State Control
• Total cotol
• Cultural destruction and assimilation
• Impersonal/alien
• Segregation
• Poverty
• Rights
o Civil Rights
o 1902 Commonwealth Electoral Act sec 41
o 1962 Electoral Act amended to give all ATSI people federal vote
o 1983 High Court nullifies sec 41
o 1984 Electoral Act amended to remove all voting distinctions
o Indigenous Rights
o 1976 Aboriginal Land Rights (NT) Act (Commonwealth) trs NT reserves to Aboriginal
ownership and processes to claim Crown land
o 1992 Mabo decision – High Court finds native title can survive Crown acquisition
where not specifically alienated
o 1993/1998 Native Title Act (Commonwealth) – Indigenous groups can claim native
title under certain conditions with limitations
• Resistance
• 1924 Australian Aboriginal Progressive Association
• 26 Jan 1938 Day of Mourning
• 1950s campaigns for civil rights
• 1963 Yirrkala Bark Petition
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