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6 - The Slow Path to Civil Rights

Published online by Cambridge University Press:  22 August 2009

John Chesterman
Affiliation:
University of Melbourne
Brian Galligan
Affiliation:
University of Melbourne
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Summary

The rights and disabilities of Australian citizens … are not to be found in the Nationality and Citizenship Act. Those rights and disabilities are to be found in the general law of Australia which is made up of the common law and Federal and State statutory laws …

Being born in Australia … the aborigine is an Australian citizen. But to ascertain what rights Australian citizens, including aborigines, have and to what disabilities they are subject, it is necessary to look to the general law.

Commonwealth Attorney-General Garfield Barwick, 1959

As the above advice of Attorney-General Garfield Barwick made clear, the 1948 citizenship legislation gave no new citizenship rights to Aborigines. The legislation theoretically made Aborigines Australian citizens, but they were citizens who had no right to vote in Western Australia, Queensland, the Northern Territory or federally, and their access to social security was extremely limited. Even if the new legislation had given new rights to Aborigines, Australia's federal system of government still rendered a person's citizenship status dependent upon the rights accorded to him or her at State level. Barwick himself at one stage made reference to there being ‘nine different “citizenships” in Australia’. The power to determine a person's citizenship status did not rest with the Commonwealth alone.

So when political support was given to the idea that Aborigines should in a meaningful sense become Australian citizens, this in practice required changes on a number of fronts.

Type
Chapter
Information
Citizens without Rights
Aborigines and Australian Citizenship
, pp. 156 - 192
Publisher: Cambridge University Press
Print publication year: 1997

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