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Section 51(xxvi) Of The Australian Constitution
Section 51(xxvi) of the Constitution of Australia,(xxvi). commonly called "the race power", is the subsection of Section 51 of the Constitution of Australia granting the Australian Commonwealth the power to make special laws for people of any race. As initially written, s 51(xxvi) empowered the Parliament to make laws with respect to: "The people of any race, ''other than the aboriginal race in any State'', for whom it is deemed necessary to make special laws". The Australian people voting at the 1967 referendum deleted the words in italics. Edmund Barton had argued in 1898 that s 51(xxvi) was necessary to enable the Commonwealth to "regulate the affairs of the people of coloured or inferior races who are in the Commonwealth". The section was intended to enable the Commonwealth to pass laws restricting such migrant labourers as the Chinese and Kanakas. Quick and Garran observed in 1901 that "It enables the Parliament to deal with the people of any alien race after they have ent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51 Of The Constitution Of Australia
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliament is empowered to make laws. The section is not an exhaustive list, as the federal parliament is authorized to enact legislation outside of those topics by certain other sections in the Constitution, such as sections 52 and 128. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws. Powers of the Parliament Federation was intended to address problems caused by having the separate colonies on the one continent. Section 51 therefore encompasses a group of powers (known as heads of power) which reflect what powers the Commonwealth was viewed as needing to solve those problems. The most important heads of power in terms of supporting contemporary Common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Territory National Emergency Response
The Northern Territory National Emergency Response, also known as "The Intervention" or the Northern Territory Intervention, and sometimes the abbreviation "NTER" (for Northern Territory Emergency Response) was a package of measures enforced by legislation affecting Indigenous Australians in the Northern Territory (NT) of Australia, which lasted from 2007 until 2012. The measures included restrictions on the consumption of alcohol and pornography (including complete bans on both at some communities), changes to welfare payments, and changes to the delivery and management of education, employment and health services in the Territory. The Intervention was brought about by the enactment of the ''Northern Territory National Emergency Response Act 2007'' and several associated new Acts of Parliament, along with a raft of changes to existing laws, by the federal government of Australia. The legislation was introduced and passed by the Howard government in August 2007. The justificati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 25 Of The Constitution Of Australia
Section 25 of the Constitution of Australia is a provision of the Constitution of Australia headed "Provision as to races disqualified from voting" and providing that "For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at Election, elections for the more numerous House of the Parliaments of the Australian states and territories, Parliament of the State, then, in reckoning the number of the people of the State or of the Australia, Commonwealth, persons of that race resident in that State shall not be counted." History The section was proposed during the concluding stages of the Australian frontier wars in the Constitutional Convention (Australia), 1891 constitutional convention by Andrew Inglis Clark, the then Attorney-General of Tasmania, Tasmanian Attorney-General. (2012) 37(3) Alternative Law Journal 151, p. 151. Clark adapted the wording from Fourteenth Amendment to the United States Constitution, section 2 of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uluru Statement From The Heart
The ''Uluru Statement from the Heart'' is a 2017 petition by Australian Aboriginal leaders to change the constitution of Australia to improve the representation of Indigenous Australians. The statement was released on 26 May 2017 by delegates to the First Nations National Constitutional Convention, held over four days near Uluru in Central Australia. The convention was held after the 16-member Referendum Council, appointed in December 2015 by prime minister Malcolm Turnbull and leader of the opposition Bill Shorten on 7 December 2015, had travelled around the country and met with over 1,200 people. The statement was issued after the convention, and calls for a "First Nations Voice" in the Australian Constitution and a Makarrata Commission to supervise a process of "agreement-making" and truth-telling between the Australian Government and Aboriginal and Torres Strait Islander peoples. The statement references the second part of the 1967 referendum, which (after passing) brought ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stronger Futures Policy
The Stronger Futures policy is a multifaceted social policy of the Australian government concerning the Aboriginal population of the Northern Territory. It is underpinned by the ''Stronger Futures in the Northern Territory Act 2012'', which ceases to have effect 10 years after its commencement on 29 June 2012. On 23 November 2011, the Stronger Futures legislation was introduced in the Parliament of Australia by Jenny Macklin, the Minister for Families, Community Services and Indigenous Affairs, and was subsequently supported by the Prime Minister, Julia Gillard. The policy was intended to address key issues that exist within Indigenous communities of the Northern Territory such as unemployment, low school enrolment and attendance, alcohol abuse, community safety and child protection issues, food security, and housing and land reforms. Several years of similar initiatives preceded the policy, including the "Building Stronger Regions, Stronger Futures" policy, "New Local Government ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mary Gaudron
Mary Genevieve Gaudron (born 5 January 1943), is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the International Labour Organization, serving as the President of its Administrative Tribunal from 2011 until 2014. Early life Gaudron was born in Moree, in northern rural New South Wales in 1943, the daughter of working-class parents Edward and Grace Gaudron. She would later speak about the intense racism towards Indigenous Australians which was part of everyday life in Moree and how it influenced her strong opposition to all forms of discrimination. In 1965, Moree was the site of a violent conflict during the Freedom Ride. In 1951, H. V. Evatt passed through Moree to campaign for the "no" case in the 1951 referendum, at which the Menzies Liberal government was attempting to al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Kirby (judge)
Michael Donald Kirby (born 18 March 1939) is an Australian jurist and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009. He has remained active in retirement; in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea, which reported in February 2014. Early life and education Michael Donald Kirby was born on 18 March 1939 at Crown Street Women's Hospital to Donald and Jean Langmore (née Knowles) Kirby. He was the eldest of five siblings, followed by twins Donald William and David Charles (the latter died at 18 months from pneumonia), David, and Diana Margaret. In 1943 his grandmother, Norma Gray, remarried and her second husband was Jack Simpson, National Treasurer of the Australian Communist Party. Although Kirby came to admire Simpson, neither he nor his immediate family embraced the ideology. His father supported the Australian Labor Party, but never became a m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Hayne
Kenneth Madison Hayne (born 5 June 1945) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. Early life and education Hayne was born in Gympie, Queensland and attended Scotch College, Melbourne. He graduated with a Bachelor of Arts and Bachelor of Laws (Honours) from the University of Melbourne, during which time he resided at Ormond College. Hayne was Editor of the '' Melbourne University Law Review''. He then graduated with a Bachelor of Civil Law from Exeter College, Oxford University. He was also a Rhodes Scholar. He is the husband of another High Court Judge, Michelle Gordon. Career Kenneth Hayne was admitted as a barrister and solicitor of the Supreme Court of Victoria in 1971 and was appointed as a Queen's Counsel (QC) in 1984. Judicial activity Kenneth Hayne joined the bench in 1992 when he was appointed as a judge of the Supreme Court of Victoria. From 7 June 1995 he sat on the Court of Appeal of the Supreme Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Gummow
William Montague Charles Gummow (born 9 October 1942) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. He was appointed to the Court of Final Appeal (Hong Kong), Court of Final Appeal of Hong Kong on 8 April 2013 as a non-permanent judge from other common law jurisdictions. Early life and education Justice Gummow completed his secondary education at Sydney Grammar School. He went on to study at the University of Sydney, where he graduated as Bachelor of Arts, and later Master of Laws, both with first-class honours. One of his lecturers was Sir Anthony Mason (judge), Anthony Mason. Career Early legal career Gummow first practiced as a solicitor with law firm Allens Arthur Robinson, Allen Allen and Hemsley. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice, including banking law, trusts and revenue law, intellectual property litigation, commercial transactions and some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1967 Australian Referendum (Aboriginals)
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt Government, related to Indigenous Australians. Voters were asked whether to give the Federal Government the power to make special laws for Indigenous Australians in states, and whether in population counts for constitutional purposes to include all Indigenous Australians. The term "the Aboriginal Race" was used in the question. Technically the referendum question was a vote on the Constitution Alteration (Aboriginals) Bill 1967 that would amend section 51(xxvi) and repeal section 127. The amendments to the Constitution were overwhelmingly endorsed, winning 90.77% of votes cast and having majority support in all six states. The Bill became an Act of Parliament on 10 August 1967. Background In 1901, the Attorney-General Alfred Deakin provided a legal opinion on the meaning of section 127 of the Constitution. Section 127 excluded "aboriginal natives" from being counted when reckoning t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 122 Of The Constitution Of Australia
Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament complete legislative power over the territories. This power is called the ''territories power''. The extent and terms of the representation of the territories in the House of Representatives and the Senate are also stated as being at the discretion of the Commonwealth Parliament. The precise text of the section is: The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit. Relationship with other provisions A court created for a Territory under the territories power is not a "court creat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kruger V Commonwealth
In ''Kruger v Commonwealth'', decided in 1997, also known as the Stolen Generation Case, the High Court of Australia rejected a challenge to the validity of legislation applying in the Northern Territory between 1918 and 1957 which authorised the removal of Aboriginal children from their families. The majority of the bench found that the ''Aboriginals Ordinance 1918'' was beneficial in intent and had neither the purpose of genocide nor that of restricting the practice of religion. The High Court unanimously held there was no separate action for a breach of any constitutional right.. Background Indigenous Australians have lived in the Northern Territory for at least 40,000 years. In 1863 the Territory came under the control of South Australia which in 1910 passed the ''Northern Territory Aboriginals Act 1910''.. The Act claimed to be for the "Protection and Control" of the Aboriginal people of the Territory. Under the Act, the "Chief Protector of Aboriginals" was appoin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
