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Why the Persistent Absence of a Foundational Principle? Indigenous Australians, Proprietary and Family Reparations


Hocking, BA and Stephenson, M, Why the Persistent Absence of a Foundational Principle? Indigenous Australians, Proprietary and Family Reparations, Reparations for Indigenous Peoples: International and Comparative Perspectives, Oxford University Press, F Lenzerini (ed), United Kingdom, pp. 477-522. ISBN 978-019169666-4 (2012) [Research Book Chapter]

Copyright Statement

Copyright 2008 Oxford University Press

DOI: doi:10.1093/acprof:oso/9780199235605.003.0018


This chapter illustrates how, in the last few years, Australian society has tried to compensate Aboriginal peoples for the past governmental policy aimed at speeding up their extinction, which was seen as a natural consequence of the human evolutionary process. It gives special attention to the shameful practice of the 'Stolen Generation', for which the State of Tasmania has very recently announced a compensation package. It looks at the practice of compensation for indigenous property rights in Australia, representing a key issue to emerge from the Australian High Court's decision in Mabo v State of Queensland (No 2) of 1992. It is argued that, despite the incremental 'pockets' of compensation which have recently emerged for Aboriginal peoples in the areas of property, constitutional, labour, and tort law, the inadequacies of the contemporary Australian legal system in this context are a consequence of the absence of a federal Bill of Rights in Australia.

Item Details

Item Type:Research Book Chapter
Keywords:Aboriginal peoples, Australia Indigenous peoples, property rights, reparations, stolen generation, Tasmania
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Hocking, BA (Dr Barbara Hocking)
ID Code:119633
Year Published:2012
Deposited By:Riawunna
Deposited On:2017-08-03
Last Modified:2017-09-07

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