What is the Definition of an Aboriginal Person According to Australian Law?

There is a prevalent perspective in Australia regarding the definition of an Aboriginal person, largely influenced by the views of individuals who question 'white man's law'. One such person, for instance, frequently complains about the implications of the referendum which granted Aboriginal Australians the right to vote. Specifically, they argue that this referendum 'firmly provided both the legislative and moral grounds for closing the door on any moves for Aboriginal self-government'. However, this perspective overlooks the complexities and nuances of legal and social definitions of Aboriginality.

Legal Definitions According to the Commonwealth of Australia

According to the Commonwealth of Australia's legislative framework, an Aboriginal or Torres Strait Islander person is defined as:

A person of Aboriginal or Torres Strait Islander descent who identifies as an Aboriginal or Torres Strait Islander and is accepted as such by the community in which they live.

This definition is comprehensive and acknowledges the need for individual identification and community acceptance in determining one's status as an Aboriginal or Torres Strait Islander person. The law explicitly requires an individual's self-identification and acceptance by their local community, implying that Aboriginality is a fluid concept that evolves based on individual and communal perspectives.

Parliament of Australia's Perspective

To explore further, we turn to the Parliament of Australia. Their explanation reveals the inherent challenges in defining Aboriginality:

Defining Aboriginality in Australia

The Parliament of Australia acknowledges that self-identification is a crucial factor in defining Aboriginality but admits that this approach is not without its complexities. The use of the term 'indigenous' has added another layer of complexity, as it is unclear whether 'indigenous' and 'Aboriginal' remain congruent concepts, especially when self-identification is the primary criterion.

The Complexity of Treaties and Self-Identification