University of Sydney Law Library

Pathfinder - Australian Native Title Law

CONTENTS

Introduction
Legal dictionaries and encyclopedias
Using the catalogue
Some useful texts and reports
Conference / Seminar proceedings
Journals
Journal indexes
Looseleaf services
Audiovisual resources
Legislation
Cases, Determinations and Indigenous Land Use Agreements (ILUAs)
Web resources
Dictionaries of legal abbreviations
Not held, try

Introduction

In the broad subject area of Australian indigenous law, issues relating to native title have become increasingly prominent.
The aim of this Pathfinder is to provide a detailed list of resources on Australian native title law available at the Law Library. Internet resources on Australian native title law are also covered in this Pathfinder, as well as tips for using some online resources in order to obtain further information.

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Legal dictionaries and encyclopedias

An Australian legal dictionary or encyclopedia is a good place to start if you are not really sure what native title law in Australia is all about.
Some useful dictionaries are:

The following encyclopedias cover areas of Aboriginal and Torres Strait Islander law, including native title:

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Using the catalogue

The University of Sydney Library web catalogue is located at http://opac.library.usyd.edu.au/

The catalogue is an extremely sophisticated searching tool and covers all libraries within the University of Sydney Library system (although it is possible with a keyword search to restrict your search to just one library, such as Law)

Searching for library resources:

Australia. Aboriginal Land Rights Commission.
Australia. Aboriginal Land Rights (Northern Territory) Act 1976.
Australia. High Court. Mabo and others v. State of Queensland.
Australia. High Court. Wik peoples v. State of Queensland and others.
Australia. Native Title Act 1993.
Australia. Native Title Amendment Act 1998.
Australia. Parliament. House of Representatives. Native Title Bill 1993.
Australian Aborigines – Land tenure.
Land settlement – Australia – History.
Mabo decision.
National Native Title Tribunal (Australia)
Native title (Australia)
Native title – Congresses.

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Some useful texts and reports

The following is a list of useful texts and reports related to native title law in Australia that can be found in the Law Library.

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Conference / Seminar proceedings

Below is a selection of useful conference and seminar proceedings relating to Australian native title law.
A more complete list can be found by searching the University of Sydney Library catalogue under the subject 'Native title – Congresses'.

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Journals

All journals in the Law Library are shelved alphabetically by title. Recent issues are located on Level 8, to the right of the Library entrance, while older bound volumes are located on Level 10. The following journals will certainly contain a large number of articles dealing with Australian native title law:

Please note that many other journals will contain useful articles on Australian native title law, even though they may not specialise in Australian indigenous law. See 'Journal Indexes' below for databases that will help you find these articles. Other law journals will occasionally devote special issues to indigenous law. For example:

Annual reports are also shelved in alphabetical order with the journals in the Law Library. Some of these, such as the National Native Title Tribunal’s annual report, may also contain useful information.

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Journal indexes

The Library subscribes to numerous journal indexes. A complete listing of journal indexes and their access details can be found on the Law Databases web page at:
http://www.library.usyd.edu.au/libraries/law/databases.html#journals Obviously, for a subject like Australian native title law, indexes containing Australian journal articles will yield the best results. Therefore, the following journal indexes may provide the most likely sources of useful information:

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Looseleaf services

The major loose-leaf service for Australian native title is:

Loose-leaf services are located on Level 8 of the Law Library, to the right of the Library entrance.

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Audiovisual resources

The Law AV collection is located on Level 9 of the Law Library inside the Library Workroom.

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Legislation

Legislation consists of acts and statutory rules or regulations and comes in many formats:

See under Legislation on the Law Library's Electronic Databases list:

Note that since 1984, the Acts Interpretation Act 1901 (Cth) s.15AB has allowed for the use of extrinsic materials in the interpretation of legislation. Extrinsic material includes explanatory memoranda, parliamentary debates (Hansard) including Second Reading speeches, as well as government, Royal Commission, Law Reform Commission and boards of enquiry reports. These can be located in hard copy in the Law Library (check with library staff or the Catalogue for location details). For online access, check the listings under Bills; Acts and Regulations; as well as Hansards/Parliamentary Debates on the Law Library Law Web Resources page http://www.library.usyd.edu.au/libraries/law/freeweblaw.html to see what is available.

For your convenience, some links have been provided below to some major Australian native title legislation (from AustLII). Note: many of these can also be accessed from ScalePlus.

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Cases, Determinations and Indigenous Land Use Agreements (ILUAs)

Cases, decisions and agreements concerning native title in Australia are published in various formats. Some good places to look are:

CASES

To see if a case has been reported or judicially considered, use one of the databases on the Law Databases page http://www.library.usyd.edu.au/libraries/law/databases.html under Case Citators and Cases. Casebase is a very useful database because it allows you to search by keyword (Global Search), and also allows users to search for cases linked to legislation such as Acts and sections of Acts.
You can also try the print versions of the Australian Case Citator in Bay 1 of the Law Library’s Reference Collection on Level 8. If you have to get a case, it is always easier if you have as many details as possible, such as the correct case name, court and date.

For your convenience, some links have been provided below to the landmark Mabo and Wik native title cases (from AustLII).
Mabo and Others v. Queensland (No 2) (1992)175 CLR 1 F.C. 92/014 http://www.austlii.edu.au/au/cases/cth/high_ct/175clr1.html The Wik Peoples v The State of Queensland & Ors; The Thayorre People v The State of Queensland & Ors (1996) (CTH) http://www.austlii.edu.au/au/cases/cth/high_ct/unrep299.html

DETERMINATIONS and AGREEMENTS

The National Native Title Tribunal is the Commonwealth Government body that was set up to facilitate the making of agreements between Aboriginal and Torres Strait Islander people and governments, industry or any other parties whose rights or interests may co-exist with native title rights and interests.
The National Native Title Tribunal website, http://www.nntt.gov.au/, provides explanations of the different types of determinations and agreements in existence, as well as links to determinations that have already been decided in the courts, and links to agreements that have already been facilitated by the Tribunal.

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Web resources

There is a plethora of information related to Australian native title law on the web and most of it is extremely useful. However, the sheer volume of websites leads to an inevitable duplication of resources from one website to another. Here, we have attempted to outline the most useful and comprehensive websites on Australian native title law rather than simply list every website where this information can be found.

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Dictionaries of legal abbreviations

There are many places to look for legal abbreviations. The ones frequently used in the Law Library are:

If you have used Casebase to find a case citation, first check under the menu item Scope, then Abbreviations.

For non-legal abbreviations, suggest:

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Not held, try.....

There are some resources which the University of Sydney Library does not hold.

For help with finding information in the University of Sydney Law Library, feel free to ask at the Library Information Desk on Level 8.
For specific research assistance, the following Library staff will be happy to help:
Margaret McAleese, Law librarian 02 9351 0220
Carolyn Kearney, Information Services Librarian 02 9351 0293

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Compiled by Patrick O’Mara for the University of Sydney Law Library ( library@law.usyd.edu.au)