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Ronald Merkel KC is an Australian jurist, who was formerly a Judge of the Federal Court of Australia.
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Ronald Merkel KC is an Australian jurist, who was formerly a Judge of the Federal Court of Australia.
Merkel was educated at Melbourne High School and the University of Melbourne, where he obtained a Bachelor of Laws in 1963.
Merkel was admitted to the legal profession in March 1964 and was subsequently called to the bar in 1971. He was appointed Queen's Counsel in November 1982. [1]
In 1985 Merkel, along with Uncle Jim Berg, and Ron Castan, sued the University of Melbourne and the Museum of Victoria for the return of their collections of Indigenous cultural material and through this act created the Koorie Heritage Trust. [2] He served on the Federal Court of Australia between 5 February 1996 and 15 May 2006 [3] after which he returned to the bar. [4] He is known for "Shaw v Wolf" (1998), which dealt with the definition of people as Aboriginal or Torres Strait Islander for the purposes of applying the Aboriginal and Torres Strait Islander Commission Act 1989. He established three criteria to consider when determining whether a person is Aboriginal: descent, self-identification and community recognition. [5] In December 2011, the Australian Human Rights Commission awarded him the 2011 Human Rights Medal for "his extensive human rights advocacy". [6]
Native title refers to rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
Commonwealth v Tasmania was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia. The case centred on the proposed construction of a hydro-electric dam on the Gordon River in Tasmania, which was supported by the Tasmanian government, but opposed by the Australian federal government and environmental groups.
Reconciliation Australia is a non-government, not-for-profit foundation established in January 2001 to promote a continuing national focus for reconciliation between Indigenous and non-Indigenous Australians. It was established by the Council for Aboriginal Reconciliation, which was established to create a framework for furthering a government policy of reconciliation in Australia.
The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS), established as the Australian Institute of Aboriginal Studies (AIAS) in 1964, is an independent Australian Government statutory authority. It is a collecting, publishing and research institute and is considered to be Australia's premier resource for information about the cultures and societies of Aboriginal and Torres Strait Islander peoples. The institute is a leader in ethical research and the handling of culturally sensitive material and holds in its collections many unique and irreplaceable items of cultural, historical and spiritual significance. The collection at AIATSIS has been built through over 50 years of research and engagement with Aboriginal and Torres Strait Islander communities and is now a source of language and culture revitalisation, native title research and family and community history. AIATSIS is located on Acton Peninsula in Canberra, Australian Capital Territory.
Elizabeth Andreas Evatt, an eminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Justice of the Family Court of Australia, the first female judge of an Australian federal court, and the first Australian to be elected to the United Nations Human Rights Committee.
The National Native Title Tribunal (NNTT) is an independent body established under the Native Title Act 1993 in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples. It manages applications for and administration of native title in Australia.
The voting rights of Indigenous Australians became an issue from the mid-19th century, when responsible government was being granted to Britain's Australian colonies, and suffrage qualifications were being debated. The resolution of universal rights progressed into the mid-20th century.
Indigenous Australians are people with familial heritage from, and/or recognised membership of, the various ethnic groups living within the territory of present day Australia prior to British colonisation. They consist of two distinct groups, which includes many ethnic groups: the Aboriginal Australians of the mainland and many islands, including Tasmania, and the Torres Strait Islanders of the seas between Queensland and Papua New Guinea, located in Melanesia. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common; 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these Indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups. Since 1995, the Australian Aboriginal flag and the Torres Strait Islander flag have been official flags of Australia.
Aaron Ronald Castan was an Australian barrister and human rights advocate.
Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people.
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes.
A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in Australia, to represent their native title rights and interests, once that group's native title application has been recognised in a Federal Court of Australia determination, and the corporate body registered. The corporation nominated hold and manage or manage before native title determination and registration, is called a Prescribed Body Corporate (PBC).
The Aboriginal and Torres Strait Islander Heritage Protection Act 1984(Cth), is an Act passed by the Parliament of the Commonwealth of Australia to enable the Commonwealth Government to intervene and, where necessary, preserve and protect areas and objects of particular significance to Australia's Aboriginal or Torres Strait Islander peoples from being desecrated or injured.
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, are the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia; the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.
Bindi Cole Chocka is an Australian contemporary new media artist, photographer, writer and curator of Wadawurrung heritage.
The Koorie Heritage Trust is an Indigenous not-for-profit cultural organisation based in Melbourne. It holds over 100,000 items in its collection from paintings and artefacts through to books, videos and photographs. It has "...a commitment to protect, preserve and promote the living culture of the Indigenous people of south-east Australia." The Koorie Heritage Trust also runs a variety of cultural educational programs and a Koorie family history service.
Aboriginal Australian identity, sometimes known as Aboriginality, is the perception of oneself as Aboriginal Australian, or the recognition by others of that identity. Aboriginal Australians are one of two Indigenous Australian groups of peoples, the other being Torres Strait Islanders. There has also been discussion about the use of "Indigenous" vs "Aboriginal", or more specific group names, such as Murri or Noongar (demonyms), Kaurna or Yolngu, based on language, or a clan name. Usually preference of the person(s) in question is used, if known.
Constitutional recognition of Indigenous Australians refers to various proposals for changes to the Australian Constitution to recognise Indigenous Australians in the document. Various proposals have been suggested to symbolically recognise the special place Indigenous Australians have as the first peoples of Australia, along with substantial changes, such as prohibitions on racial discrimination, the protection of languages and the addition of new institutions. In 2017, the Uluru Statement from the Heart was released by Indigenous leaders, which called for the establishment of an Indigenous Voice to Parliament as their preferred form of recognition. When submitted to a national referendum in 2023 by the Albanese government, the proposal was heavily defeated.