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Lesson 1 - The wik decision
to know - the wik decision
to be able to - explain the impact of the wik decision
overview of the wik decision
This video is from the Wik vs Queensland Documentary (2018). In this video, the director Dean Gibson discusses the significance of the Wik Decision, including key figures in the case.
context of the wik decision
The Mabo decision overturned terra nullius in common law and lead the way to The Native Title Act (1993).
As per the Native Title Act (1993), First Nations people could claim ownership of Crown Land (land that wasn't sold or given away).
After Mabo, people were scared that their homes and businesses could be taken away. Politicians like John Howard used this fear for their own political gain. For example Howard said "we won't let them throw you off your property." This sort of rhetoric only increased this misinformed fear and violence against First Nations people began to rise.
You have to remember, native title could only be claimed on Crown Land. So people couldn't lose their homes or businesses through a native title claim.
You also have to remember, it took Mabo 10 years to prove his native title claim. Applying for native title is a long process that requires a lot of evidence.
However, 42% of Crown land in Australia was pasotral leases. A pasoral leases allow for publically owned land to be used for agriculture.
wik vs queensland
In 1993, the Wik people of Cape York claimed native title in the High Court and succeeded on the 23rd of December 1996.
The Wik decision proved that native title and pastoral leases could co-exist.
The Court ruled that while both could exist, pastoral activities (farming) would not change.
John Howard on the ABC in talking about pastoral land in Australia and refering to the Wik decision.
impact of the wik decision
The main impact of the Wik decision was that native title and pastoral leases could co-exist.
In the years following the Wik decision, John Howard became the new prime minister.
His government introduced the Native Title Amendment Act 1998 and the Ten Point Plan which made it harder to claim native title.
Ammendments to claiming native title have been made since and while it was harder to claim native title, it is still possible. Since then, the Larrakia Peoples of the Northern Territory, the Miriuwung and Gajerrong Peoples of the Northern Territory and the Nyoongar Peoples of Western Australia have all been legally granted native title.
Gladys Tybingoompa (1946- 2006)
Gladys Tybingoompa was an elder of the Wik peoples and lived in Aurukun in QLD.
She was a key part of the native title claim for the Wik people.
While the Wik decision is tied up in legal terminology and implications, it's vital to remember this strong woman and her legacy.
Source 1 - A statement Gladys Tybingoompa made to the press after the Court's decision on the Wik native title case
Read the source carefully before answering these questions. Think about things we associate with a bushfire.
1 - What evidence from this source suggests that Tybingoompa was pleased with the Court's decision to award the Wik people native title?
2 - What evidence from this source suggests that Tybingoompa was displeased with the fact that the Court ruled that native title coudn't extinguish pastoral leases?
3 - What is this source useful for?
Source 2 - Native title concern written by Roger Keyes in The Times in September 1997
Read the source before answering these questions.
1 - How long after the Wik decision was this article published? What does this show you?
2 - What happened in 1975? What is bauxite?
3 - What did John Koowarta do and why did the government make it a national park?
4 - What were the two features of the Wik decision?
5 - What happens if there is a clash between native title and pastoral leases?
6 - Scroll up to the Impacts of the Wik Decision section above. What did Keyes talk about for the remainder of this article?
Source 3 - Opinion pieces on The Wik Decision written by Tim Dixon (member of the National Party) and Richard Williams (ALP Students Club) in Woroni. In their segments, they share their opposing views on the Wik decision and its implications.
Read the source before answering these questions. It makes it easier if you read both sides before answering.
1 - What did Dixon say must be provided?
2 - What did Dixon say that misinformed readers about the Wik decision and native title?
3 - What emotive words did Dixon use to make the reader scared to lose their land?
4 - What did Dixon call Paul Keating and the Labor Government?
5 - What did Dixon say to spread fear amongst people who lived in rural areas?
6 - What did Williams say terra nullius was?
7 - What did he say the National Party and National Farmers Federation were doing?
8 - Why did farmers have no reason to fear losing their land?
9 - What did and didn't a pastoral lease allow a person to do?
10 - What did Williams say was important for reconciliation to happen?
11 - What did Williams say Pauline Hanson was doing?
12 - Why is this source useful?
Source 4 - PM must now make Wik decision published in Nota on the 6th of February 1997
Read the source before answering these questions.
1 - Who were the CUA and why were they concerned by the Wik decision?
2 - What did members of the CUA travel to?
3 - Think about the other sources. Why do you think Purcell (President of the CUA) wanted the Wik decision to be defined in law and the Native Title Act 1993 ammended?
4 - Why is this source useful?
Source -
task 3 - putting your knowledge into action
Answer the following question as the Laywer paragraph structure. The Lawyer is a good paragraph structure for writing in History. Time how long it takes you to complete the paragraph using the timer below.
Explain the impact of the Wik decision. Justify your answer by refering to the sources and their usefulness.
homework
History has more meaning beyond the classroom
teach someone about the wik decision and what happened after it