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

Abstract

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.