After the defeat of the Aboriginal plaintiffs in Milirrpum v Nabalco Pty Ltd, the first Aboriginal land rights case in Australia, a deliberate decision to pursue a political course rather than legal challenge to the High Court of Australia was taken by the lawyers, one of whom was Edward Woodward. At the time, the membership of the Court was likely to reject Justice Blackburn's finding that there was a coherent system of Aboriginal law relating to land. By not having the appeal rejected by the High Court, the findings of Justice Blackburn that were favourable to the plaintiffs (and by extension to other Aboriginal Australian peoples, and the concept of land rights was maintained as a possibility, at least until the membership of the High Court had changed.[1]
In 1972 at the launch of his party's election campaign, Gough Whitlam, as Labor Opposition Leader, promised if elected to legislate for Aboriginal land rights in the Northern Territory of Australia.[2] When elected, rather than introduce a national land rights law, the Whitlam government chose instead to establish a precedent in the Commonwealth controlled Northern Territory.[2]
Justice Woodward was appointed as Aboriginal Land Rights Commissioner in February 1973 to inquire into appropriate ways to recognise Aboriginal land rights in the Northern Territory.[2][3] The Northern Land Council and Central Land Council were established in the same year to assist with the work of the commission.[4]
The Royal Commission
The Aboriginal Land Rights Commission produced two reports.[5] The first report, issued during July 1973, recommended the Australian Government to assist Aboriginal Australians to set up land councils.[6] In August 1973, the Second Whitlam Ministry accepted the findings of the first report and authorised the Minister for Aboriginal Affairs, then Gordon Bryant, to convene the two proposed Aboriginal Land Councils as soon as possible.[7]
Woodward's second and final report as Aboriginal Land Rights Commissioner, presented to the Australian Government in April 1974 was based on the land councils' submissions.[6] The 1974 report found:[citation needed]
That all Aboriginal reserve lands should be returned to the Aboriginal inhabitants
That Aboriginal Australians had claim to other vacant crown land if they could prove traditional ties with the land
That Aboriginal land and Aboriginal sacred sites were to be protected
That Aboriginal land and Aboriginal land councils were to be set up to administer Aboriginal land
That entry to Aboriginal land for mining or tourism would be subject to Aboriginal control
That mining and other developments on Aboriginal land should proceed only with the permission of the Aboriginal land owners
That if mining companies were allowed to go ahead and mine in Aboriginal lands, the mining companies would be required to payroyalties to the traditional land owners
The Whitlam Labor Government supported the findings of the second report of the Royal Commission and in a gesture of peace handed over the allotted land to the Gurindji people to defuse the Wave Hill protest, in August 1975.[citation needed]
In 1976, the Fraser Government passed The Aboriginal Land Rights Act that allowed Aboriginal people in the Northern Territory to make claims on land to which they could prove traditional ties. The Land Rights Act is largely the product of Justice Woodward's recommendations.[8]
^House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs (August 1999), "Chapter 2: Setting the Context"(PDF), Unlocking the Future: The Report of the Inquiry into the Reeves Review of the Aboriginal Land Rights (Northern Territory) Act 1976, Canberra, ACT: The Parliament of the Commonwealth of Australia, p. 12
to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)
1906–1910
on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)
1911–1920
1911–1912
on the sugar industry (1911–1912)
on the pearl-shelling industry (1912–1916)
on the fruit industry (1912–1914)
1913–1914
to inquire into certain charges against Mr. Henry Chinn (1913)
on Northern Territory railways and ports (1913–1914)
on powellised timber (1913–1914)
upon the Commonwealth electoral law and administration (1914–1915)
on meat export trade (1914)
on food supplies and trade and industry during the war (1914)
1915–1916
on mail services and trade development between Australia and the New Hebrides (1915)
on Liverpool Military Camp, New South Wales (1915)
on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916)
to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916)
on Federal Capital Administration (1916–1917)
1917–1918
on Java and the East Indies, Singapore and the Straits Settlements (1917–1918)
on Navy and Defence Administration (1917–1919)
on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918)
on Public Service administration, Commonwealth of Australia (1918–1920)
upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921)
on taxation of leasehold estates in Crown lands (1918–1919)
on the basic wage (1919–1920)
1919–1920
on the sugar industry (1919–1920)
on industrial troubles on Melbourne wharfs (1919–1920)
on late German New Guinea (1919–1920)
to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919)
on Northern Territory Administration (1919–1920)
on taxation (1920–1923)
on the increase of the selling price of coal (1920)
upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924
on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923)
in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924)
in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924)
on the method for determining the unimproved value of land held under Crown leases (1924–1925)
on the assessment of war service disabilities (1924–1925)
to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925)
on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926
on health (1925–1926)
on Norfolk Island affairs (1926)
on certain matters in connexion with the British Phosphate Commission (1926)
to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)
1931–1940
1931–1935
on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)
1936–1940
on doctors' remuneration for national insurance service and other contract practice (1938)
to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)
1951–1960
on the Port Augusta to Alice Springs Railway (1951–1952)
on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
