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Queensland Coast Islands Declaratory Act 1985
The Queensland Coast Islands Declaratory Act 1985 was an Act of the Parliament of Queensland, the intent of which was to retroactively abolish native title claims by Torres Strait Islanders to islands off the coast of Queensland, specifically Murray Island. It was passed in response to court proceedings started by the Torres Strait Meriam people led by Eddie Koiki Mabo, who were attempting to have their land claims recognised by the common law. The Act was condemned by supporters of the Indigenous Australian civil rights movement. The act was overturned in the 1988 Mabo v Queensland (No 1) High Court case, which found it inconsistent with the Racial Discrimination Act 1975 The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and als .... References Native title in Australia Queensland l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral state legislature in the country since the upper chamber, the Legislative Council, was abolished in 1922. The Legislative Assembly sits in Parliament House in the state capital, Brisbane. All laws applicable in Queensland are authorised by the Parliament of Queensland, with the exception of specific legislation defined in the Constitution of Australia, very limited criminal law applying under the Australia Act 1986 as well as a small volume of remaining historical laws passed by the Parliament of New South Wales and the Imperial Parliament. Following the outcome of the 2015 election, successful amendments to the electoral act in early 2016 include: adding an additional four parliamentary seats from 89 to 93, changing from optional pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racial Discrimination Act 1975
The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency. The Act is administered by the Australian Human Rights Commission (AHRC). The president of the commission is responsible for investigating complaints. If a complaint is validated, the commission will attempt to conciliate the matter. If the commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court of Australia or through the Federal Circuit and Family Court of Australia. The commission also attempts to raise awareness about the obligations that individuals and organisations have under the Act. The Act Prohibition of racial discrimination in certain contexts Racial discrimin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torres Strait Islanders
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped with them as Indigenous Australians. Today there are many more Torres Strait Islander people living in mainland Australia (nearly 28,000) than on the Islands (about 4,500). There are five distinct peoples within broader designation of Torres Strait Islander people, based partly on geographical and cultural divisions. There are two main Indigenous language groups, Kalaw Lagaw Ya and Meriam Mir. Torres Strait Creole is also widely spoken, as a language of trade and commerce. The core of Island culture is Papuo- Austronesian and the people traditionally a seafaring nation. There is a strong artistic culture, particularly in sculpture, printmaking and mask-making. Demographics In June 1875 a measles epidemic killed about 25% of the popula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Island, Queensland
Murray Island (also known as Mer Island or Maer Island) in the Torres Strait Island Region, Queensland, Australia. The island is part of the Murray Island Group in the Torres Strait. The town is on the island's northwest coast and within the Suburbs and localities (Australia), locality of Mer Island, Queensland, Mer Island (the locality boundaries are the island's coastline). The island is of volcano, volcanic origin, the most easterly inhabited island of the Torres Strait Islands archipelago, just north of the Great Barrier Reef. The name ''Meer/Mer/Maer'' comes from the native Meriam language. In the , Murray Island had a population of 453. The island is populated by the Melanesians, Melanesian Meriam people. There are eight tribes on Mer: Komet, Zagareb, Meuram, Magaram, Geuram, Peibri, Meriam-Samsep, Piadram/Dauer. The island's organisation is based on traditional laws of boundary and ownership. Geography Murray Island, in the eastern section of Torres Strait, is a basalti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meriam People
Melanesian Meriam people are an Indigenous Australian group of Torres Strait Islander people who are united by a common language, strong ties of kinship and live as skilled hunter–fisher–gatherers in family groups or clans on a number of inner eastern Torres Strait Islands including ''Mer'' or Murray Island, ''Ugar'' or Stephen Island and ''Erub'' or Darnley Island. The Meriam people are perhaps best known for their involvement in the High Court of Australia's Mabo decision which fundamentally changed land law in Australia - recognising native title. Although gardening takes priority, each Meriam family has sea rights, and on the reefs in front of their houses, which are mainly built above the beach, they maintain stone fish-weirs and crayfish holes. Demographics Melanesian Meriam people primarily reside in a small island of volcanic origin situated at the eastern end of Torres Strait, known as Mer (Murray) Island. The Murray group also comprises two other islands, Eru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australian
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples of the Australian mainland and Tasmania, and the Torres Strait Islander peoples from the seas between Queensland and Papua New Guinea. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common; 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mabo V Queensland (No 1)
''Mabo v Queensland (No 1)'',. was a significant court case decided in the High Court of Australia on 8 December 1988. It found that the '' Queensland Coast Islands Declaratory Act 1985'', which attempted to retrospectively abolish native title rights, was not valid according to the ''Racial Discrimination Act 1975''. Background to the case The case was closely related to another proceeding in the High Court (''Mabo v Queensland (No 2)'',. decided in 1992) which was a dispute between the Meriam people (of the Mer Islands in the Torres Strait) and the Government of Queensland, in which several Meriam people, principally Eddie Mabo, contested that they had certain native title rights over the Murray Islands. In 1985, the Queensland Government passed the ''Queensland Coast Islands Declaratory Act'', which was intended to retrospectively abolish any such native title rights, if they existed. The Meriam people sought a demurrer to prevent the Queensland Government from relying on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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