the recognition of Indigenous people

ASSIGNMENT ; 2,000 words


The Victorian Parliament has provided for the recognition of indigenous people in the Constitution

Act 1975 section 1A:

“Recognition of Aboriginal people

(1) The Parliament acknowledges that the events described in the preamble to this Act occurred

without proper consultation, recognition or involvement of the Aboriginal people of Victoria.

(2) The Parliament recognises that Victoria’s Aboriginal people, as the original custodians of the

land on which the Colony of Victoria was established—

(a) have a unique status as the descendants of Australia’s first people; and

(b) have a spiritual, social, cultural and economic relationship with their traditional lands

and waters within Victoria; and

(c) have made a unique and irreplaceable contribution to the identity and well­being of


(3) The Parliament does not intend by this section—

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of this Act or of any other law in force in Victoria.

There is currently a process taking place to hold a referendum on indigenous recognition in the

Commonwealth Constitution. Do you think such recognition should be similar to the Victorian

provisions above, something different, or that there should be no recognition? Give reasons and

include citation of relevant sources.WHAT exactly did the Constitution say or NOT say about

indigenous people?

The text said 2 things:


Section 51 (xxvi) gave the Commonwealth power to make laws with respect to ‘people of any race,

other than the Aboriginal race in any state, for whom it was deemed necessary to make special laws.’



Section 127 of the Constitution provided that ‘in reckoning the numbers of people of the

Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be


In other words:

­ Under the new Australian Constitution of 1901, it was left to the States to be responsible for the welfare of the indigenous population.



1 Understanding of the issues raised by the question /10

Clearly identifies all relevant issues & demonstrates a clear

understanding of their

complexity and relevance to the topic.

2 Clarity, structure and organisation /5

Expression is very clear, structure is logical and easy to follow, and

work is highly organised.

3. Depth of analysis, critical thinking and originality/10

Multiple viewpoints are clearly stated, thoroughly explored and appropriately supported by reference

to relevant sources.

4 Expression, grammar & spelling /5

Expression is free of spelling & grammatical errors.

5 Compliance with AGLC /5

All references are appropriate and compliant with the AGLC.

the referancing has to be according to AGLC

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