ABORIGINALITY
Family History Research
The Australian Institute of Aboriginal and Torres Strait Islander Studies have produced a range of resources to assist you with your Aboriginal and Torres Strait Islander family history research available at:
aiatsis.gov.au/family-history
Definition of Aboriginality
The legal definition of Aboriginality is drawn from the Aboriginal Land Rights Act 1983.
An Aboriginal person means a person who:
(a) Is a member of the Aboriginal race of Australia; and
(b) Identifies as an Aboriginal person; and
(c) Is accepted by the Aboriginal community as an Aboriginal person
Confirmation of Aboriginality
It is important to remember that you do not require a legal form of Confirmation of Aboriginality to be an Aboriginal person. There is no legal requirement for Aboriginal children and young people to have a confirmation of Aboriginality. It is important to note that only Aboriginal people can determine who is Aboriginal, although in certain circumstances the Children’s Court can also make that determination if satisfied that the child or young person is of Aboriginal descent. Confirmation of Aboriginality is normally done through incorporated Aboriginal organisations using the Aboriginal Land Rights Act 1983 definition for Aboriginality.
Office of the Registrar
The Registrar of the Aboriginal Land Rights Act (the Registrar) and the New South Wales Aboriginal Land Council (NSWALC) agree that LALCs have no function to confirm that a person is an Aboriginal person other than by way of a LALCs consideration of an application for membership (with the exception of minors – see below).
As such Mudgee Local Aboriginal Land Council does not provide Confirmation of Aboriginality, but will provide our members with Confirmation of Membership.
Once a person is accepted as meeting the criteria for membership of a LALC and entered on the membership roll; a LALC may issue a letter to the person or any other person, saying that the person is a member of the LALC and therefore the LALC is satisfied that they are an Aboriginal person. If a person is not a member of a LALC no letter or other evidence can be provided to them or any other person by a LALC asserting that they are an Aboriginal person.
There is one acceptable exception to this rule; being a person who is under 18 years of age. A person under 18 years of age cannot be a member of a LALC. In this case the Registrar and the NSWALC agree that it is fair and reasonable that a LALC may confirm that the young person is biologically related to a member and how (son, sister, niece, uncle…) and state that the LALC member is an Aboriginal person.
A LALC will need to be reasonably satisfied that the relationship they refer to in any letter for a young person between the young person and a LALC member is correct.
The Australian Institute of Aboriginal and Torres Strait Islander Studies have produced a range of resources to assist you with your Aboriginal and Torres Strait Islander family history research available at:
aiatsis.gov.au/family-history
Definition of Aboriginality
The legal definition of Aboriginality is drawn from the Aboriginal Land Rights Act 1983.
An Aboriginal person means a person who:
(a) Is a member of the Aboriginal race of Australia; and
(b) Identifies as an Aboriginal person; and
(c) Is accepted by the Aboriginal community as an Aboriginal person
Confirmation of Aboriginality
It is important to remember that you do not require a legal form of Confirmation of Aboriginality to be an Aboriginal person. There is no legal requirement for Aboriginal children and young people to have a confirmation of Aboriginality. It is important to note that only Aboriginal people can determine who is Aboriginal, although in certain circumstances the Children’s Court can also make that determination if satisfied that the child or young person is of Aboriginal descent. Confirmation of Aboriginality is normally done through incorporated Aboriginal organisations using the Aboriginal Land Rights Act 1983 definition for Aboriginality.
Office of the Registrar
The Registrar of the Aboriginal Land Rights Act (the Registrar) and the New South Wales Aboriginal Land Council (NSWALC) agree that LALCs have no function to confirm that a person is an Aboriginal person other than by way of a LALCs consideration of an application for membership (with the exception of minors – see below).
As such Mudgee Local Aboriginal Land Council does not provide Confirmation of Aboriginality, but will provide our members with Confirmation of Membership.
Once a person is accepted as meeting the criteria for membership of a LALC and entered on the membership roll; a LALC may issue a letter to the person or any other person, saying that the person is a member of the LALC and therefore the LALC is satisfied that they are an Aboriginal person. If a person is not a member of a LALC no letter or other evidence can be provided to them or any other person by a LALC asserting that they are an Aboriginal person.
There is one acceptable exception to this rule; being a person who is under 18 years of age. A person under 18 years of age cannot be a member of a LALC. In this case the Registrar and the NSWALC agree that it is fair and reasonable that a LALC may confirm that the young person is biologically related to a member and how (son, sister, niece, uncle…) and state that the LALC member is an Aboriginal person.
A LALC will need to be reasonably satisfied that the relationship they refer to in any letter for a young person between the young person and a LALC member is correct.
