Aboriginal Land Rights Commission

Enquiry into Aboriginal land rights

The Aboriginal Land Rights Commission, also known as the Woodward Royal Commission, was a Royal Commission that existed from 1973 to 1974 with the purpose to inquire into appropriate ways to recognise Aboriginal land rights in the Northern Territory of Australia. The Commission was chaired by Justice Edward Woodward, who was appointed to the role by Gough Whitlam. It was not long after the 1971 defeat of the Yolngu claimants in the Northern Territory Supreme Court, in Milirrpum v Nabalco Pty Ltd, in the first Aboriginal land rights case in Australia.

History

After the defeat of the Aboriginal plaintiffs in Milirrpum v Nabalco Pty Ltd, the first Aboriginal land rights case in Australia, a deliberate decision to pursue a political course rather than legal challenge to the High Court of Australia was taken by the lawyers, one of whom was Edward Woodward. At the time, the membership of the Court was likely to reject Justice Blackburn's finding that there was a coherent system of Aboriginal law relating to land. By not having the appeal rejected by the High Court, the findings of Justice Blackburn that were favourable to the plaintiffs (and by extension to other Aboriginal Australian peoples, and the concept of land rights was maintained as a possibility, at least until the membership of the High Court had changed.^[1]

In 1972 at the launch of his party's election campaign, Gough Whitlam, as Labor Opposition Leader, promised if elected to legislate for Aboriginal land rights in the Northern Territory of Australia.^[2] When elected, rather than introduce a national land rights law, the Whitlam government chose instead to establish a precedent in the Commonwealth controlled Northern Territory.^[2]

Justice Woodward was appointed as Aboriginal Land Rights Commissioner in February 1973 to inquire into appropriate ways to recognise Aboriginal land rights in the Northern Territory.^[2]^[3] The Northern Land Council and Central Land Council were established in the same year to assist with the work of the Commission.^[4]

The Royal Commission

The Aboriginal Land Rights Commission produced two reports.^[5] The first report, issued during July 1973, recommended the Australian Government to assist Aboriginal Australians to set up land councils.^[6] In August 1973, the Second Whitlam Ministry accepted the findings of the first report and authorised the Minister for Aboriginal Affairs, then Gordon Bryant, to convene the two proposed Aboriginal Land Councils as soon as possible.^[7]

Woodward's second and final report as Aboriginal Land Rights Commissioner, presented to the Australian Government in April 1974 was based on the land councils' submissions.^[6] The 1974 report found:^{[citation needed]}

That all Aboriginal reserve lands should be returned to the Aboriginal inhabitants
That Aboriginal Australians had claim to other vacant crown land if they could prove traditional ties with the land
That Aboriginal land and Aboriginal sacred sites were to be protected
That Aboriginal land and Aboriginal land councils were to be set up to administer Aboriginal land
That entry to Aboriginal land for mining or tourism would be subject to Aboriginal control
That mining and other developments on Aboriginal land should proceed only with the permission of the Aboriginal land owners
That if mining companies were allowed to go ahead and mine in Aboriginal lands, the mining companies would be required to pay royalties to the traditional land owners

The Whitlam Labor Government supported the findings of the second report of the Royal Commission and in a gesture of peace handed over the allotted land to the Gurindji people to defuse the Wave Hill protest, in August 1975.^{[citation needed]}

In 1976, the Fraser Government passed The Aboriginal Land Rights Act that allowed Aboriginal people in the Northern Territory to make claims on land to which they could prove traditional ties. The Land Rights Act is largely the product of Justice Woodward's recommendations.^[8]

References

^ Fogarty, John; Dwyer, Jacinta (2012). "The First Aboriginal Land Rights Case". In Sykes, Helen (ed.). More or less: democracy & new media (PDF). Future Leaders. ISBN 9780980332070.
^ ^a ^b ^c Central Land Council. "The History of the Land Rights Act". Central Land Council. Archived from the original on 3 May 2013.
^ "Land-rights pioneer Sir Edward Woodward dead at 81". The Age. Fairfax Media. 16 April 2010. Archived from the original on 21 April 2010.
^ Northern Land Council. "Our History". Northern Land Council. Archived from the original on 16 May 2013.
^ Australian Law Reform Commission (12 June 1986). "Recognition of Aboriginal Customary Laws (ALRC Report 31)". Australian Law Reform Commission. Archived from the original on 20 October 2013.
^ ^a ^b Rowse, Tim; Graham, Trevor. "Justice A.E.Woodward". National Film and Sound Archive. Archived from the original on 13 May 2013.
^ Cabinet Minute: Decision No. 1147, Submission No. 611: Aboriginal Land Rights Commission - First Report Royal Commissioner the Hon. Mr Justice A.E. Woodward, National Archives of Australia, 21 August 1973, retrieved 24 October 2013
^ House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs (August 1999), "Chapter 2: Setting the Context" (PDF), Unlocking the Future: The Report of the Inquiry into the Reeves Review of the Aboriginal Land Rights (Northern Territory) Act 1976, Canberra, ACT: The Parliament of the Commonwealth of Australia, p. 12

"First report of the Aboriginal Land Rights Commission, July 1973". Canberra: Australian Government Publishing Service. 1973. Retrieved 29 December 2022 – via Trove.
"Aboriginal Land Rights Commission : second report, April 1974". Canberra: Australian Government Publishing Service. 1974. Retrieved 29 December 2022 – via Trove.

Royal Commissions of the Commonwealth of Australia

1901–1920

1901–1910

1901–1905

to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)

1906–1910

on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)

1911–1920

1911–1912	on the sugar industry (1911–1912) on the pearl-shelling industry (1912–1916) on the fruit industry (1912–1914)
1913–1914	to inquire into certain charges against Mr. Henry Chinn (1913) on Northern Territory railways and ports (1913–1914) on powellised timber (1913–1914) upon the Commonwealth electoral law and administration (1914–1915) on meat export trade (1914) on food supplies and trade and industry during the war (1914)
1915–1916	on mail services and trade development between Australia and the New Hebrides (1915) on Liverpool Military Camp, New South Wales (1915) on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916) to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916) on Federal Capital Administration (1916–1917)
1917–1918	on Java and the East Indies, Singapore and the Straits Settlements (1917–1918) on Navy and Defence Administration (1917–1919) on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918) on Public Service administration, Commonwealth of Australia (1918–1920) upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921) on taxation of leasehold estates in Crown lands (1918–1919) on the basic wage (1919–1920)
1919–1920	on the sugar industry (1919–1920) on industrial troubles on Melbourne wharfs (1919–1920) on late German New Guinea (1919–1920) to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919) on Northern Territory Administration (1919–1920) on taxation (1920–1923) on the increase of the selling price of coal (1920)

1921–1940

1921–1930

1921–1922	on the matter of uniform railway gauge (1921) on pillaging of ships' cargoes (1921) on Cockatoo Island Dockyard (1921) upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924	on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923) in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924) in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924) on the Navigation Act (1923–1925) on national insurance (1923–1927) on the method for determining the unimproved value of land held under Crown leases (1924–1925) on the assessment of war service disabilities (1924–1925) to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925) on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926	on health (1925–1926) on Norfolk Island affairs (1926) on certain matters in connexion with the British Phosphate Commission (1926)
1927–1928	on wireless (1927) on the Edie Creek (New Guinea) leases (1927) on the Moving Picture Industry in Australia (1927–1928) on the Constitution (Australia)
1929–1930	on the coal industry (1929) to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)

1931–1940

1931–1935

on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)

1936–1940

on doctors' remuneration for national insurance service and other contract practice (1938)
regarding the contract for the erection of additions to the General Post Office, Sydney (1939)

1941–1960

1941–1950

to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)

1951–1960

on the Port Augusta to Alice Springs Railway (1951–1952)
on television (1953–1954)
on espionage (1954–1955)

1961–1980

1961–1970

on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
on loss of HMAS Voyager (1964)
on the statement of Lieutenant Commander Cabban and matters incidental thereto (1967–1968)
into exploratory and production drilling for petroleum in the area of the Great Barrier Reef (1970–1975)

1971–1980

1971–1975

Aboriginal Land Rights Commission (1973–1974)
Australian Post Office Commission of inquiry (1973–1974)
of Inquiry into land tenures (1973–1976)
on petroleum (1973–1976)
of Inquiry into the maritime industry (1973–1976)
Independent Inquiry into Frequency Modulation Broadcasting (1973–1974)
of Inquiry into transport to and from Tasmania (1974–1976)
on Australian Government Administration (1974–1976)
on human relationships (1974–1978)
on intelligence and security (1974–1977)
into alleged payments to maritime unions (1974–1976)
to inquire into and report upon certain incidents in which Aborigines were involved in the Laverton area (1975–1976)
on Norfolk Island (1975–1976)

1975–1980

of Inquiry into drugs (1977–1980)
of Inquiry into matters in relation to electoral redistribution Queensland, 1977 (1978)
of Inquiry into the efficiency and administration of hospitals (1979–1981)
of Inquiry into the viability of the Christmas Island phosphate industry (1979–1980)
on the activities of the Federated Ship Painters and Dockers Union (1980–1984)

1981–2000

1981–1990

1981–1985

of Inquiry into Drug Trafficking (1981–1983)
into the activities of the Australian Building Construction Employees' and Builders Labourers' Federation (1981–1982)
into Australian meat industry (1981–1982)
of Inquiry into the activities of the Nugan Hand Group (1983–1985)
on the use and effects of chemical agents on Australian personnel in Vietnam (1983–1985)
on Australia's security and intelligence agencies (1983–1985)
of Inquiry into compensation arising from social security conspiracy prosecutions (1984–1986)
into British nuclear tests in Australia (1984–1985)
of inquiry into alleged telephone interceptions (1985–1986)

1986–1990

of inquiry into Chamberlain convictions (1986–1987)
into grain storage, handling and transport (1986–1988)
into Aboriginal Deaths in Custody (1987–1991)

1991–2000

of Inquiry into the Australian Secret Intelligence Service (1994–1995)
of Inquiry into the leasing by the Commonwealth of accommodation in Centenary House (1994)
of Inquiry into the relations between the CAA and Seaview Air (1994–1996)

2001–2020

2001–2010