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history of aboriginal protection act

//history of aboriginal protection act

history of aboriginal protection act

Part I of this Act was repealed by the Aborigines Act 1897 (Act No.5) on 28 March 1898; Parts II, III, IV and V were repealed by the Aborigines Act 1905 (Act No.14) on 23 April 1906, the remainder was repealed by the Statute Law Revision Act 1964 (Act No.61) on 4 December 1964. Section 45 stated: Every Aboriginal Native of Australia, and every Aboriginal half-caste or child of a half-caste, such half-caste or child habitually associating and living with Aboriginals, shall be deemed to be an Aboriginal within the meaning of this Act, and at the hearing of any case the Justice or Justices adjudicating may, in the absence of other sufficient evidence, decide on his or their own view and judgment whether any person with reference to whom any proceedings shall have been taken under this Act is or is not an Aboriginal. Aborigines Protection Act 1915: NSW Government gains power to remove Aboriginal children from their families Stolen Generations members Cecil Bowden, Manuel Ebsworth and Michael Welsh, accompanied by Jason Pitt and Pastor Ray Minniecon, in front of the gate from Kinchela Boys Home, at the National Museum of Australia Aborigines Protection Act 1909 - Legislation - Find & Connect - New South Wales, Find & Connect is a resource for people who as children were in out-of-home 'care' in Australia. Regulations and orders. Some people may find content on this website distressing. Aborigines’ Protection Act 1886 (Vic), No. ), a number of Aboriginal and Torres Strait Islander mission stations had been established by religious organisations in Queensland and small amounts of land throughout the State had been gazetted as reserves for the use of Aboriginal people. 685, 10. The new legislation gave the Board the right to apprentice 'the child of any Aborigine, or the neglected child of any person apparently having an admixture of Aboriginal blood in his veins', so long as the child was between the ages of 14 and 21 years of age. It provided the Aborigines Protection Board, which had existed since 1881, with legal powers to 'provide for the protection and care of Aborigines.' The Australian blacks are moving rapidly on into the eternal darkness…’[2]; to theology ('One of those necessary processes in the course of Providence…’[3]. How would it make you feel if those people believed that you and your family and friends had no future, but were ‘doomed to disappear?’ How might it change the way you think about yourself and your life if you were in this kind of situation? In 1943 the Act was amended to change the name of the Aborigines Protection Board to the Aborigines Welfare Board. We acknowledge the stories, traditions and living cultures of Aboriginal and Torres Strait Islander peoples on this land and commit to building a brighter future together. This act sought to excise “half castes” from the reserve system, unless over 34, a female half caste married to an Aboriginal, a child of an Aboriginal, or any “half-caste” licensed to live on the reserve. Victoria enacted the Aboriginal Protection Act 1869 while democratic reforms were being introduced for the population, such as the extension of the franchise from the wealthy to all adult males and the provision of free public education. This alteration allows the right to linguistic and cultural management and maintenance of natural resources on indigenous land. The Act provided for all reserves and stations and 18.08.2010.                    1972 - Aboriginal Affairs Planning Authority Act 1972. Most of the surviving Christian missions, like Maloga (Cumeroogunga) and Warangesda in NSW, were taken over by the government and given secular administration late in the nineteenth or early in the twentieth century… All of them functioned to a greater or lesser degree as de facto detention centres.” [9], By 1911, every mainland State and Territory had introduced protection policies that subjected Indigenous people to near-total control, and denied them basic human rights such as freedom of movement and labour, custody of their children, and control over their personal property. It governed the lives of all Aboriginal people in Western Australia for nearly 60 years. Harris, J. The Board exerted an extraordinary level of control over people's lives including regulation of residence, slavery as employment, marriage, social life and other aspects of daily life. History. This document made Victoria the first Colony to enact a comprehensive scheme to regulate the lives of Aboriginal people. VII No.14) was reserved for Royal assent on 23 December 1905 and commenced in April 1906. Appeal could be made to biology ('We cannot fail to recognise in their extinction a decided widening of the chasm by which mankind is now cut off from its animal progenitors'[1]: to history (‘This is the history of all new countries.. . Tilbrook, Lois, Nyungar Tradition : glimpses of Aborigines of south-western Australia 1829-1914, Online version published by the Australian Institute of Aboriginal and Torres Strait Islander Studies in 2007, University of Western Australia Press, 1983, http://aiatsis.gov.au/sites/default/files/catalogue_resources/m0022954.pdf; Law Research Service, Melbourne Law School, Law Library, The University of Melbourne. https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_10244_homepage.html, 1972 - Aboriginal Affairs Planning Authority Act 1972, Aborigines Protection Act (Amendment) 1892 (1892 - 1906), Aboriginal Protection (c. 1832 - c. 1972), Colony of Western Australia (1829 - 1901), Industrial Schools Act 1874 (1874 - 1893), Aborigines Protection Board, Crown Colony of Western Australia (1887 - 1890), https://www.humanrights.gov.au/publications/rightsed-bringing-them-home-8-history-western-australia, http://aiatsis.gov.au/collections/collections-online/digitised-collections/remove-and-protect, http://aiatsis.gov.au/sites/default/files/catalogue_resources/m0022954.pdf, What to Expect when Accessing Records about You, Historical Background About Child Welfare, Searching for Records of a Parent or Grandparent, Applying for Records: Your Rights and the Law, Find & Connect web resource Induction Pack, Tips for ‘Reading’ Child Welfare Records, Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. The Aborigines Protection Act stated that the Board was to act in accordance with the Neglected Children and Juvenile Offenders Act 1905 and the Apprentices Act 1901, but the Board developed its own policies that were quite different to those applied to non-Aboriginal children and adults. If the inquiry led the Magistrate to have any concerns, the Industrial Schools Act 1874, made it lawful for him to 'assume the guardianship' of that child. Section 39 made it lawful for any Justice of the Peace or Protector of Aborigines to inspect apprentice's place of employment or residence to 'ascertain whether the terms of the said indenture' had been 'fulfilled'. The magistrate was required to 'inform himself, as fully as he can, of the child's age' and to write that age on the indenture. 658, 6. It was assumed that the expulsions would lead to the decline in the population of the reserves and their eventual closure. ), Report of the Board, Government Printer, 1881-1941. Aboriginal Heritage Protection Act is enacted in Western Australia. Section 6(6) enabled the Board to 'exercise a general supervision and care of all matters affecting the interests and welfare of the Aborigines. Cite this: https://www.findandconnect.gov.au/ref/wa/biogs/WE00403b.htm Blessed phrase! and Markus, A. Meston, A. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. Part of this Act were repealed in stages, from 1889. In contrast, Aboriginal people were losing their freedom. Missions and Reserves. Created: 21 February 2011, Last modified: 1 February 2018, Last updated: 8 September 2020 Section 37 outlined how complaints by apprentices, employers or Protectors of Aborigines were to be dealt with; and section 38 enabled decisions to be taken about the apprentice if his or her employer died. In Part 4, the Act enabled Aboriginal children to be indentured to an employer until they reached the age of 21. The Resident Magistrate was also supposed to ensure that adequate provision was made in the indenture for 'proper and humane treatment' and appropriate clothing and maintenance of the young person. By 1917 all full-blooded Aboriginal peoples were concentrated on the two surviving mission stations largely against their will, and children were separated from their parents and placed in…. 2013, One Blood (electronic resource): Two hundred years of Aboriginal encounter with Christianity, Concilia LTD, Brentford Square, pg. The Aboriginal Protection Act 1869 was an Act of the colony of Victoria, Australia that established the Victorian Central Board for the Protection of Aborigines, to replace the Central Board Appointed to Watch Over the Interests of the Aborigines. Part 5, determined who was an Aboriginal person for the purposes of the Act and gave the power of determining that defintion to the court. New South Wales. [6]. The Aboriginal Protection Act 1886, known as the ‘half-caste’ Act, commenced a policy of forcibly removing Aboriginal people of mixed descent from Aboriginal stations and reserves in Victoria. We respect and honour Aboriginal and Torres Strait Islander Elders past, present and future. New South Wales. The New South Wales Aborigines Protection Act was passed following a crisis in public schools. [3], Central Board for the Protection of Aborigines, "Central Board for the Protection of Aborigines - Organisation", "Central Board for the Protection of Aborigines", Members of the Yorta Yorta Aboriginal Community v Victoria, Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria, Aboriginal and/or Torres Strait Islanders, Australian Aboriginal Progress Association, National Congress of Australia's First Peoples, Office of the Registrar of Indigenous Corporations, Northern Territory National Emergency Response, https://en.wikipedia.org/w/index.php?title=Aboriginal_Protection_Act_1869&oldid=984078067, Legislation concerning indigenous peoples, All Wikipedia articles written in Australian English, Creative Commons Attribution-ShareAlike License, This page was last edited on 18 October 2020, at 01:17. 2013, One Blood (electronic resource): Two hundred years of Aboriginal encounter with Christianity, Concilia LTD, Brentford Square, pg. Sources used to compile this entry: New South Wales. The realities of the gap between Indigenous and non-Indigenous Australians with regard to many important life indicators are evidence of the continuing impact of the damage done by these disempowering approaches. In NSW Aboriginal schools increased at a steady rate; they grew from 22 in 1910 to 35 in 1920 and reached 40 by 1940. The Board could also make regulations (s.7) to help give effect to its functions. The failure of this policy and its inhumanity led to Victoria's Aborigines Act 1910 and Aboriginal Lands Act 1970, which abandoned this policy. Despite the benevolent intentions behind these policies, in practice, they denied Indigenous people control over almost every aspect of their lives. Warning: However, it was very broad in the way it addressed those objectives. Aborigines Welfare Board, Annual report of the Aborigines Welfare Board for the year ended 1940, Government Printer, 1941;

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