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Aboriginal and Torres Strait Islanders

Information about the rights and support services for Aboriginal and Torres Strait Islander people.

  • This topic covers

    This topic covers

    • Identifying as Aboriginal or Torres Strait Islander
    • The Stolen Generations Reparations Scheme and Funeral Assistance Fund
    • National Redress Scheme
    • Stolen wage claims
    • Preparing a will
    • Land council disputes
    • Land rights and Native Title
    • Artists rights
    • Hunting and fishing laws for Aboriginal people
    • Legal help for Aboriginal and Torres Strait Islander people

Time limitAction
30 June 2023The deadline for applying to the Stolen Generations Reparations Scheme and Funeral Assistance Fund. Aboriginal Affairs have accepted applications where there are special circumstances. It is unlikely that applications will be accepted after 1 April 2024. 
31 December 2023The deadline for applying for a review of a decision to reject a claim under the Stolen Generations Reparations Scheme. Aboriginal Affairs have a discretion to accept your internal review after this date.
30 June 2027The deadline for applying for support under the National Redress Scheme.

Organisation

OrganisationResponsibilities
Federal Court of Australia
The Court hears:
  • native title claims concerning the rights and interests of Aboriginal and Torres Strait Islander peoples to land and waters according to their traditional laws and customs
  • reviews or appeals from the decisions of the National Native Title Tribunal
  • matters relating to Indigenous Land Use Agreement (ILUA) or other agreement made under the Native Title Act 1993 (Cth).
National Native Title Tribunal

An independent federal government agency that assists with:

  • negotiating agreements
  • information about native title
  • mediation services
  • access to NNTT research
  • land information, mapping and geospatial products.
NSW Department of Primary Industries

The body responsible for managing marine parks in NSW.

NSW National Parks and Wildlife ServiceThe body responsible for preserving and protecting Aboriginal culture, including Aboriginal artefacts and Aboriginal sites.
Office of the Registrar of the Aboriginal Land Rights Act 1983 (NSW)

The role of the Registrar includes:

  • registering land claims and maintaining the Register of Aboriginal Land Claims
  • maintaining the Register of Aboriginal Owners
  • approving the rules of Aboriginal Land Councils
  • issuing compliance directions
  • investigating complaints, and
  • mediating disputes.

Legislation

AuthorityCovers
Aboriginal Land Rights Act 1983 (NSW)

Provides:

  • land rights for Aboriginal persons in NSW
  • representative Aboriginal Land Councils
  • for the acquisition of, and the management of, land by those Councils
  • for the provision of community benefit schemes by or on behalf of those Councils.
Game and Feral Animal Control Act 2002 (NSW)Provides a framework for the effective management of introduced species of game animals and for responsible and orderly hunting of game animals on public land. 
Marine Parks Act 1997 (NSW)Establishes marine parks in NSW.
National Parks and Wildlife Act 1974 (NSW)The main law protecting Aboriginal culture and heritage sites and in NSW.
Native Title Act 1993 (Cth)Recognises the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.

Common termDefinition
Aboriginal and Torres Strait Islander people
Aboriginal and Torres Strait Islander peoples are the first peoples of Australia. Other preferred terms for Aboriginal and Torres Strait Islander peoples are:
  • First Nations peoples
  • Indigenous Australians.
Community recognitionCommunity recognition is when a registered Aboriginal community organisation provides a letter confirming that you are an Aboriginal or Torres Strait Islander person.​
Land councilA land council is an organisation that supports the local Aboriginal community with a variety of issues, including housing, legal and employment matters.
Native TitleRecognition of the ongoing traditional ownership of land and waters by Aboriginal and Torres Strait Islander people according to their traditions, laws and customs that existed before Europeans colonised Australia.
Stolen GenerationsThe Stolen Generations refers to Aboriginal and Torres Strait Islander people who were removed by, committed to, or otherwise came into the care of the New South Wales Aborigines Protection or Welfare Board, from late 1800's to 1970's.​
Stolen wagesStolen wages are wages or entitlements that were held in trust by the NSW Government for Aboriginal people between 1900 and 1969 but were never paid out.

OrganisationFees
NSW Department of Primary Industries

Aboriginal people don't have to pay a fee to go fishing in an area where recreational fishing is allowed. 

For more information, see Recreational fishing fee exemptions on the NSW Department of Primary Industries website.

OrganisationForm
NSW Department of Primary IndustriesAboriginal people do not have to apply for a licence to go fishing in an area where recreational fishing is allowed.
National Redress Scheme

You can apply for the scheme:

  • online through MyGov, or
  • by completing an Application for Redress form.

For more information, see Start or continue an application on the National Redress Scheme website.

Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about the legal issues related to the rights of Aboriginal and Torres Strait Islander people.

Go to questions

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

Civil Law Service for Aboriginal Communities

CLSAC goes to communities in NSW and visits Aboriginal women in custody to provide information and legal advice on civil law issues.

Family Law Service for Aboriginal Communities

FamAC provides advice, early intervention support, outreach and casework to Aboriginal and Torres Strait Islander families and children in family and care and protection matters.

More services

Aboriginal Legal Service

Aboriginal Legal Service provides legal information, advice and representation to Aboriginal and Torres Strait Islander peoples in criminal and family law matters. Call on 1800 765 767.

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

First Nations Women's Legal Line

The Women's Legal Service NSW provides free confidential legal information, advice and referrals to Aboriginal and Torres Strait Islander women in NSW.

Knowmore

Knowmore provides free, independent legal advice and support for survivors of child abuse. Call on 1800 605 762 Monday to Friday 9am to 5pm.

Mob Strong Debt Help

A free nationwide legal advice and financial counselling service for Aboriginal and Torres Strait Islander people. Call on 1800 808 488.

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Support and counselling

A list of support and counselling services for Aboriginal people on the NSW Department of Communities and Justice website.

Tenants Advice and Advocacy

Aboriginal Tenants Advice and Advocacy Services provide information and advice about your rights as an Aboriginal tenant.

Wirringa Baiya

Wirringa Baiya Aboriginal Women's Legal Service provides advice and representation to Aboriginal women and children. Call on 1800 656 587.

Last updated: March 2024