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LLW1000 Introduction To Public Law

tag 0 Download 9 Pages / 2,079 Words tag 21-07-2021

Question:

The Victorian Parliament has provided for the recognition of indigenous people in the Constitution Act 1975 section 1A:

Recognition of Aboriginal people 

The Parliament acknowledges that the events described in the preamble to this Act occurred without proper consultation, recognition or involvement of the Aboriginal people of Victoria.

The Parliament recognises that Victoria's Aboriginal people, as the original custodians of the land on which the Colony of Victoria was established

Have a unique status as the descendants of Australia's first people

Have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and

Have made a unique and irreplaceable contribution to the identity and well-being of Victoria.

The Parliament does not intend by this section

        (a)     to create in any person any legal right or give rise to any civil cause of action; or

        (b)     to affect in any way the interpretation of this Act or of any other law in force in Victoria.

There is currently a process taking place to hold a referendum on indigenous recognition in the Commonwealth Constitution. Do you think such recognition should be similar to the Victorian provisions above, something different, or that there should be no recognition? Give reasons and include citation of relevant sources.

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