[17]: A Bill to make Provision for the better Protection and Care of the Aboriginal and Half-caste Inhabitants of the Colony, and to make more effectual Provision for Restricting the Sale and Distribution of Opium", https://en.wikipedia.org/w/index.php?title=Aboriginals_Protection_and_Restriction_of_the_Sale_of_Opium_Act_1897&oldid=984719442, Legislation concerning indigenous peoples, All Wikipedia articles written in Australian English, Creative Commons Attribution-ShareAlike License, This page was last edited on 21 October 2020, at 18:09. It was repealed by the Aborigines Act 1969. But, significant legal restrictions on the movement and activities of the people living on reserves remained.[5]. [Assented to, 22nd May, 1940.] Hodgkin was unhappy with Buxton's published criticism of Elliott Cresson, and the general British disregard for Liberia as an abolitionist project. An Act to provide for the dissolution of The Board for the Protection of Aborigines and for the constitution of an Aborigines Welfare Board; to amend the Aborigines Protection Act, 1909-1936, in certain respects; and for purposes connected therewith. The 1897 Act was amended in 1899, 1901, 1928, and 1934. [11], The Society remained active for about 70 years. Buxton shortly became caught up in the activist drive that led quickly to the Niger expedition of 1841, the failure of which was a huge personal blow and also drove missionary considerations into the background for a time. [1], The Aborigines’ and Torres Strait Islanders’ Affairs Act 1965 repealed the 1939 Act, and provided for the management of reserves and welfare for Indigenous persons (both Aboriginal and Torres Strait Islander people). It asserted the Board's rights to control its wards, their apprenticeship and their custody. The Aboriginals Protection and Restriction of the Sale of Opium Act 1897, long name A Bill to make Provision for the better Protection and Care of the Aboriginal and Half-caste Inhabitants of the Colony, and to make more effectual Provision for Restricting the Sale and Distribution of Opium, was an Act of the Parliament of Queensland. Cite this: https://www.findandconnect.gov.au/ref/nsw/biogs/NE00016b.htm
The Aborigines' Protection Society (APS) was an international human rights organisation, founded in 1837,[1] to ensure the health and well-being and the sovereign, legal and religious rights of the indigenous peoples while also promoting the civilization of the indigenous people[2] who were subjected under colonial powers.[3]. [1] A court ruling in Mabo v. Queensland (1) (1988) overturned the Australian policy that had ruled annexation extinguished Indigenous land claims. Aborigines Welfare Board. The Act provided for all reserves and stations and [5] This issue has been further clarified by the important High Court ruling in Mabo v. Queensland (1992) and the Native Title Act 1993. In the name of protection.
[17], In 1870 the APS bought Lennox Island (Prince Edward Island) on behalf of a community of the Mi'kmaq people.
12, 1940. ABORIGINES PROTECTION (AMENDMENT) ACT. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act) can protect areas and objects that are of particular significance to Aboriginal people. Meston made a number of recommendations, some of which were the basis for the Aboriginals Protection and Restriction of the Sale of Opium Act 1897. The Chief Protector described a "quadroon" as the "offspring" of a half-caste woman, by a "white, &c." (presumably other non-Aboriginal) father.
The Aborigines’ and Torres Strait Islanders’ Affairs Act 1965 repealed the 1939 Act, and provided for the management of reserves and welfare for Indigenous persons (both Aboriginal and Torres Strait Islander people). The ATSIHP Act allows the Environment Minister, on the application of an Aboriginal person or group of persons, to make a declaration to protect an area, object or class of objects from a threat of injury or desecration. The foundation of the Society was prompted by a group centred on Thomas Hodgkin, with experience from around the world: Saxe Bannister (Australasia), Richard King (North America), John Philip (South Africa). [2], The Act could be used to justify definitions of Aboriginality, but even with the help of the Act, they were often contradictory and generally subject to interpretation or variation throughout the first decades after Federation. [4] The founders were, on King's account, William Allen, Thomas Fowell Buxton, Henry Christy, Thomas Clarkson, Hodgkin, and Joseph Sturge. [5] A 1946 amendment, like the previous versions, served only to strengthen the provisions of the Act. ), Blackmore, Rod, 'History of Children's Legislation in New South Wales - The Children's Court', in. Aborigines Welfare Board (ed.
Amendments and various pieces of replacement legislation were passed in the 20th century, but it was not until passage of the Aboriginal Land Act 1991 and Torres Strait Islander Act 1991 that the main features of the 1897 Act regarding control of land and people were replaced. Created: 21 February 2011, Last modified: 1 February 2018, Last updated: 8 September 2020
The Queensland Aboriginals Department referred to "European half-caste mothers" in its 1920 Report alongside "half-breeds", "half-castes", and Aboriginals, and did not expand upon how the Department made the distinction between a half-breed and half-caste, a native, and an Aboriginal. They became the model for legislation to control Aboriginal people throughout Australia, such as the Aboriginals Protection and Restriction of the Sale of Opium Act 1897 in Queensland. According to historian Henry Reynolds, it "was far more restrictive than any [contemporary] legislation operating in New South Wales or Victoria and implemented a system of tight controls and closed reserves".[2]. [13], On Buxton's death in 1845, Samuel Gurney took over as President. By the late nineteenth century, many in Queensland believed that the Aboriginal peoples, greatly reduced in number because of dispersal, malnutrition, opium use, and infectious diseases, were a "dying race". All of these were very similar in intent and effect to the original 1897 legislation. [4] Where no other information was available, white observers judged degrees of ancestry. Some people may find content on this website distressing. It contains information about organisations, people, policies, legislation and events related to … [22], The Society continued until 1909 when it merged with the Anti-Slavery Society to form the Anti-Slavery and Aborigines' Protection Society (now Anti-Slavery International). [16] He was a perceptive analyst of the difficulties in reconciling the interests of indigenous people and settlers. The new policy of assimilation began. After Aboriginal Protection (Amendment) Act 1940, Aboriginal children were removed under the Child Welfare Act 1939 and subsequent child welfare legislation. It also implemented the creation of Aboriginal reserves to control the dwelling places and movement of the people. New South Wales.
[10], The principles of the APS combined "equal rights", i.e. [18], The Society published tracts, pamphlets, Annual Reports and a journal entitled The Aborigines' Friend, or Colonial Intelligencer, from 1847. Aboriginals Preservation and Protection Act 1939, Aborigines’ and Torres Strait Islanders’ Affairs Act 1965, "Aboriginals Protection and Restriction of the Sale of Opium Act 1897 (Qld)", "Appendix 1a the Aboriginals in colonial society, 1840-1897", Royal Commission into Aboriginal Deaths in Custody, "Queensland Parliamentary Papers: Report of the Chief Protector of Aboriginals", "Everyone's Parliament: Indigenous Suffrage Timeline Queensland", "Community Services (Aborigines) Act 1984 - Summary", "Queensland: Legislation / Key Provisions", "Anno Sexagesimo Primovictoriae Regiae: No. Public servants rather than politicians oversaw much of the decision-making.
[7][8][9] The Report of the APS in 1838 put the case that colonisation did not inevitably have detrimental effects on indigenous peoples, as conventional wisdom had it, even to the point of their extinction: if the effects were negative, that was a criticism of the plan and regulation for the colony. The new policy of assimilation began. Aborigines Welfare Board, Annual report of the Aborigines Welfare Board for the year ended 1940, Government Printer, 1941;
[14][19] Hodgkin's concerns over the indigenous peoples in the Hudson's Bay Company territory in western Canada were pursued both by correspondence with Sir George Simpson, and in the pages of the Intelligencer. [12], In 1842 the purpose of the APS was restated: "to record the history, and promote the advancement, of Uncivilized Tribes". Foundation. [3], This was the first instrument of separate legal control over Aboriginal people in Australia. [5] Buxton, after the 1832 British abolition of the slave trade, had taken an interest in particular in the Cape Colony.
The individual appointed protectors for various communities had substantial autonomy in how they implemented the Act.
At least in Queensland, once it had bestowed a racial category upon its charges, the Aboriginals Department treated its subjects according to their variations in skin colour. It appeared as Information Respecting the Aborigines in the British Colonies; it was drafted by John Hodgkin but then rewritten by his brother Thomas, to sharpen the effect and reduce the references to missionary activity. Hodgkin was interested in a forum for both scientific discussion (of early ethnology, a discipline that hardly yet existed separately from the study of language), and protective activities based on lobbying. Half-Caste Act was the common name given to Acts of Parliament passed in Victoria (Half-Caste Act 1886) and Western Australia (Aborigines Protection Act 1886) in 1886. First published by the Find & Connect Web Resource Project for the Commonwealth of Australia, 2011, Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
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