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Aboriginal and Torres Strait Islanders

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

  • Key issues

    Key issues

    • Are you Aboriginal or Torres Strait Islander?
    • Do you want to apply for reparations?
    • Are you trying to find information about your family?
    • Are you a tenant of your local Aboriginal land council?
    • Do you need advice about protecting your rights to your artwork?
    • Are you going hunting or fishing?

How can I pro​​ve I'm an Aboriginal or Torres Strait Islander person?

Sometimes you may be asked for confirmation or evidence that you are an Abor​iginal or Torres Strait Islander person. This may happen if you apply for a specific grant, job, course or payment that is available only to Aboriginal and Torres Strait Islander people.

If you have been asked for written confirmation that you are an Aboriginal or Torres Strait Islander person, you can:

  • ask what type of written confirmation or evidence is needed, for example, if you need to complete a form, or arrange a statutory declaration from you or another person
  • ask for information about any policies or guidelines that apply
  • ask if a statutory declaration is sufficient
  • get written confirmation from a registered Aboriginal community organisation.

What is co​mmunity recognition?

Community recognition is when a registered Aboriginal community organisation provides a letter confirming that you are an Aboriginal or Torres Strait Islander person.​

If you want to get community recognition, you could:

  • contact a registered Aboriginal community organisation in the area you live or where you grew up - the organisation should be registered with the Office of the Registrar of Indigenous Corporations (ORIC)
  • become a member of the Land Council where you or your family are from - you will only get confirmation of Aboriginality or Torres Strait Islander heritage if you are accepted as a member of the Land Council. 

To find your local Land Council, see Land Councils on the New South Wales Aboriginal Land Council website. 

For more information, see:

What is t​he Stolen Generations?

The 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.​

For more information about getting assistance and support with finding family members, see Reunification on the Link-Up NSW​ website.

What is the Stolen Generations Reparations Scheme and Funeral Assistance Fund?

Reparations payments

The Stolen Generations Reparations Scheme provided payments of $75,000 to Stolen Generations survivors who were removed from their families and committed to the care of the NSW Aborigines Protection or Welfare Boards. The payment recognises the harm that was caused to survivors when they were removed from their families.

Apology

Survivors who received a reparations payment could also request a personal apology from a representative of the NSW Government.

Funeral Assistance Fund

The Funeral Assistance Fund provided one-off payments of $7,000 to Stolen Generations survivors to assist with the cost of funeral expenses. Survivors who were deemed eligible for the Stolen Generations Reparations Scheme were automatically eligible for the Funeral Fund.

This is separate to the National Redress Scheme and the Stolen Generations Group Action.

Applications to the Stolen Generations Reparations Scheme formally closed on 30 June 2023 for applications. Aboriginal Affairs have a discretion to accept late applications in certain circumstances. Aboriginal Affairs are unlikely to accept late applications after 1 April 2024. If you received a negative decision the time limit to apply for a review was 31 December 2023. Aboriginal Affairs have a discretion to accept late internal reviews after this date. You can get legal advice and assistance lodging a late application or internal review by calling the Civil Law Service for Aboriginal Communities on 1800 793 017.

Who could apply for reparations and funeral assistance?

Reparations were available to Stolen Generations survivors who:

  • were removed by, committed to, or otherwise placed under the care of the Aborigines Protection or Welfare Boards before 2 June 1969, and
  • were still alive at the time of the application.

An application for reparations can’t be made on behalf of someone who has died. However, if a person applied for reparations but died before their application has been processed, the deceased person’s estate can ask Aboriginal Affairs NSW to finish processing their application. If the application is successful, reparations will be paid to the estate.

If you fall outside the eligibility criteria but there are reasons why you think you should receive reparations you should get legal advice. Aboriginal Affairs have a discretion to approve a reparations payment in certain circumstances.  

Funeral assistance is available to Stolen Generations survivors who:

  • were removed by, committed to, or otherwise came to be in the care of the Aborigines Protection or Welfare Boards, and
  • were living on 2 December 2016.

If you were eligible for a reparations payment, you are automatically eligible for funeral assistance.

An application for a funeral assistance payment can be made on behalf of someone who has died.

Who can provide help to Stolen Generations survivors in other states?

For information about support for Stolen Generations survivors outside of NSW, see:

Are there other ways of getting reparations?

The Stolen Generations Reparations Scheme payment is in recognition of the hurt caused by the act of forcible removal only, and does not provide for compensation for personal damages suffered as a result of any abuse or neglect while in care. 

There is more than one way to get reparations. Stolen Generations survivors who receive reparations under the Scheme can speak to Knowmore for advice about applying to the National Redress Scheme or compensation by making a civil claim.

For more information, see Legal Advice & Assistance on the Knowmore website.

I have received a payment under the National Redress Scheme. Can I apply for a reparations or funeral assistance payment?

Yes. You can still receive a reparations or funeral assistance payment even if you have already received a payment under the National Redress Scheme.

You will have to make a separate application for reparations or funeral assistance.

I have received a payment under the Stolen Generations Group Action. Can I apply for a reparations or funeral assistance payment?

Yes. You can still receive a reparations or funeral assistance payment even if you have already received a payment under the Stolen Generations Group Action.

The guidelines for the reparations scheme require Aboriginal Affairs NSW to send a letter to all people in the Stolen Generations Group Action to see if they want to be considered for a reparations payment.

If you were awarded a payment as part of the Stolen Generations Group Action and Aboriginal Affairs NSW has not contacted you, you should get legal advice.

How can I make a claim under the Stolen Generations Reparations Scheme and Funeral Assistance Fund?

Applications closed on 30 June 2023. Aboriginal Affairs have a discretion to accept late applications in certain circumstances and you should get legal advice about your situation by contacting the Civil Law Service for Aboriginal Communities on freecall 1800 793 017 for legal advice.

You can get a copy of the Application Form from:

You will need to attach two forms of identification documents, for example, your driver licence and pension card.

You can submit your completed application:

To send your application by post, you should address it to:

Aboriginal Affairs NSW
Attention: Manager, Stolen Generations
Reparations Scheme
PO Box 207
Mascot NSW 1460

Before you send your application, you should make a copy to keep.

For more information on how to apply and to get a copy of the application form, see Stolen Generations Reparations Scheme and Funeral Assistance Fund on the Aboriginal Affairs NSW website.

You can also speak to someone at the Legal Aid NSW Civil Law Service for Aboriginal Communities for help with your claim.

When did applications for the NSW Stolen Generations Reparations Scheme close?

Applications for the Stolen Generations Reparation Scheme closed on 30 June 2023. Aboriginal Affairs have been accepting applications since that time where there are special circumstances. It is unlikely that applications will be accepted after 1 April 2024. 

The deadline for applying for a review of a decision to reject a claim under the Stolen Generations Reparations Scheme is 31 December 2023.  Aboriginal Affairs have a discretion to accept internal review applications out of time.  

Who can help me make a late application or internal review?

If you need help to make a late application or internal review for reparations or funeral assistance, you should contact the Legal Aid NSW Civil Law Service for Aboriginal Communities.

You can do this:

  • by calling 1800 793 017, or
  • by email to clsac@legalaid.nsw.gov.au

For more information see the Civil Law Service for Aboriginal Communities section of our website.

What evidence do I have to provide in my application?

You don’t need to provide any evidence or documents with your application. Aboriginal Affairs will search the Aborigines Welfare Board records and other government records for evidence of your removal.

If they need any information to process your application, they will contact you.

If you change your address or contact details, you should notify Aboriginal Affairs NSW immediately. It is important that they can contact you for information they need to process your application.

If they request more information from you, you should get urgent legal advice.

Can my application be fast-tracked?

Your application will be prioritised if you are experiencing hardship or a life-threatening or serious medical condition.

You need to tell Aboriginal Affairs NSW if you want your application fast-tracked and provide evidence of your situation with your application.

How can I apply for a funeral assistance payment for someone who has died?

If a person who is eligible for a funeral assistance payment dies before making an application, another person can apply for the payment on their behalf.

To do this, you will need to complete an application form and provide evidence of the deceased person’s death and funeral costs, including copies of:

  • the persons death certificate, death notice, or documents from the funeral director with the deceased person’s name, and
  • invoices or receipts for funeral costs with the deceased person’s name, the name of the person responsible for paying the funeral costs, and a description of the funeral services.

You can get a copy of the application form by contacting Aboriginal Affairs NSW by:

What happens after I apply?

Aboriginal Affairs NSW will search the Aborigines Welfare Board records and other government records for evidence of your removal.

They will contact you if they need any information to process your application.

If your application is successful, they will write to you and ask for your bank account details. They will also ask you whether you want to receive a personal apology from the Minister for Aboriginal Affairs. You will also be given a form to complete if you want to receive a funeral assistance payment. You have the option of receiving your funeral assistance payment at the time of approval or deferring payment until a later date.

If your application is unsuccessful, you will get a letter explaining why your application has been unsuccessful. 

If Aboriginal Affairs NSW decide to refuse the application you can also apply for an internal review.

For more information, see the factsheet Assessment Process on the Aboriginal Affairs NSW website.

When will I receive a funeral assistance payment?

You can choose to receive funeral assistance now, or at a later date. If you want to receive your payment at a later date, you will have to nominate a person to receive your payment on your behalf if you die before you are paid.

What can I do if my application was rejected?

If your application is rejected, you will receive a letter explaining why.

You can ask for a review before 31 December 2023 if you believe:

  • there is information that was not taken into account
  • the schemes guidelines have not been followed.

Aboriginal Affairs have a discretion, while the Stolen Generations Reparations Scheme unit is still running, to accept your internal review after 31 December 2023.

To get a copy of the guidelines, see Stolen Generations Reparations Scheme and Funeral Assistance Fund on the Aboriginal Affairs NSW website.

You must ask for a review in writing and explain:

  • what information was not taken into account
  • which guidelines were not followed.

If you can provide new information, your application will be re-considered.

You can also speak to someone at the Legal Aid NSW Civil Law Service for Aboriginal Communities for help.

If your application has been rejected, you should get legal advice.

What happens if my application is rejected after 31 December 2023?

If you receive a negative decision after 31 December 2023, you should lodge your review within a reasonable time. Aboriginal Affairs have a discretion, while the Stolen Generations Reparations Scheme unit is still running, to accept your internal review after 31 December 2023.

You can also speak to someone at the Legal Aid NSW Civil Law Service for Aboriginal Communities for help.

Can I ask for a review of the amount of reparations I received?

No. You can’t ask for a review of the amount of reparations you receive.

If I receive a reparations payment and funeral assistance, will this affect my Centrelink benefits?

No. If you get a reparations payment and funeral assistance, it won’t affect your:

  • Centrelink benefits
  • eligibility for Social Housing
  • rent payable calculations.

For more information, see the factsheet Centrelink, Tax and Social Housing Information on the Aboriginal Affairs NSW website.

Do I have to pay tax on my reparation’s payment or funeral assistance?

No. You won’t be charged tax on your reparation’s payment or funeral assistance, so you don’t have to include these payments in your tax return.

For more information, see the factsheet Centrelink, Tax and Social Housing Information on the Aboriginal Affairs NSW website.

Can Revenue NSW write off my fines?

Reparations payments are exempt from Revenue NSW debt collection activities, such as garnishee orders. 

If you received a reparations payment or a funeral assistance payment through Aboriginal Affairs NSW, Revenue NSW may put your fine on hold or write off the fine.

Revenue NSW can’t do this for all fines.

You can give permission to Aboriginal Affairs NSW to contact Revenue NSW on your behalf. 

You can call Aboriginal Affairs NSW on 1800 019 998 or email stolen.generations@aboriginalaffairs.nsw.gov.au.

For more information, see NSW Stolen Generations Reparations Scheme and Funeral Assistance Fund Fact Sheet - Fines Information on the Aboriginal Affairs NSW website.

If you have other debts, you should speak to a financial counsellor about how to keep your money safe.

To find out how you can get free, independent and confidential advice from a financial counsellor, see Find a Financial Counsellor on the National Debt Helpline website.

Do I need to make a will?

A will is a legal document that sets out your wishes about:

  • what you want to happen to your property after you die
  • who you want to care for your children
  • how and where you want to be buried.

Making a will is a way you can look after the people you care about when you are gone.

If you don't make a will, the law decides how your personal property will be treated. Your property may not be given to the people you want to give it to. If you are an artist, your rights to your art might not be protected. It will also be up to your family to decide where you are buried, which might lead to a dispute.

For more information, see the Aboriginal Wills Handbook on the NSW Trustee and Guardian website.

What is the Stolen Generations Wills Initiative?

The Stolen Generations Wills Initiative is a program started by the Law Society of NSW and Legal Aid NSW that helps Stolen Generations survivors to make a will for free, or a substantially reduced fee.

If you have received a reparations, funeral assistance or national redress scheme payment, you should make a will. If you don’t and you die, your money and other belongings may not be given to the right person.

To find out more information about the Initiative, contact the Law Society of NSW:

Who else can help me prepare a will?

The Arts Law Centre of Australia assists Aboriginal artists to prepare and update their will to protect their art, copyright, money and other assets when they pass away.

For more information, see Artists in the Black on the Arts Law Centre of Australia website.

The NSW Trustee and Guardian can:

  • help you prepare a will
  • store your will for a small fee
  • help you to appoint a Power of Attorney and Enduring Guardian.

For more information, see the Taking care of business booklet on the NSW Trustee and Guardian website.

What is the National Redress Scheme?

The National Redress Scheme helps people who have experience institutional child sexual abuse to receive counselling and psychological services, a monetary payment and a direct personal response from the offending institution.

This is different to the Stolen Generations Reparations Scheme and Funeral Assistance Fund.

The scheme will remain open until 30 June 2027.

For more information, see What is the National Redress Scheme on the Knowmore website.

What can I expect from the National Redress Scheme?

The National Redress Scheme (scheme) introduced the National Redress Scheme Service Charter (charter) on 1 September 2022. The charter explains what you can expect from the scheme and the redress process including:

  • principles that everyone who provides services as part of the scheme should follow
  • commitments about what the scheme will do to support each stage of the redress journey
  • service standards to create consistency and accountability for the way you are supported through the redress process
  • information about how the scheme is meeting commitments
  • ways you can contact the scheme.

For more information, see Service Charter on the scheme’s website.

What is a direct personal response?

A direct personal response (DPR) is an opportunity for you to meet with a departmental representative of the responsible institution to:

  • tell the representative about your experience, as much or as little as you wish to
  • have the representative listen to you and to apologise
  • ask questions and seek information from the institution
  • request and hear information on what the department is now doing to ensure children are safe and the steps that are being taken to improve responses and support for survivors.

If you receive an offer of redress through the National Redress Scheme, you can choose to have a DPR. The National Redress Scheme (scheme) Direct Personal Response.

Information and Support service can provide you with more information and support you before, during and after your DPR.  Phone 1800 737 377 Monday to Friday 8am to 5pm and ask to speak to the scheme’s DPR Information and Support team.

You can also find information in the Direct personal response fact sheet on the National Redress Scheme website.

Who can apply to the National Redress Scheme?

You can apply to the National Redress Scheme (scheme) if:

  • you experienced sexual abuse when you were a child (under the age of 18)
    • the abuse happened before 1 July 2018
    • an institution was responsible for bringing you into contact with the person who abused you
  • you were born before 30 June 2010, and
  • you are an Australian citizen or permanent resident.

You can't apply to the scheme if you:

  • have already applied for redress through the scheme
  • you have already received a court-ordered payment from the institution.

For more information, see Who can apply? on the National Redress Scheme website.

Before making an application, you should get legal advice.

How can I apply to the National Redress Scheme?

You can apply for the scheme:

  • online through MyGov, or
  • in writing.

You can get a copy of the Application for Redress form:

  • online, on the Application pack page on the National Redress Scheme website, or
  • by calling the scheme on 1800 737 377.

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

If you are not sure what to include in your application, you should get legal advice.

Who can help me to apply?

Knowmore is a free and confidential legal advice service that provides information and advice to survivors of institutional child sexual abuse about:

  • the National Redress Scheme
  • victims of crime applications
  • other legal issues, including finding your records and civil law claims
  • referrals to other support services.

It has lawyers, counsellors, financial counsellors and Aboriginal and Torres Strait Islander workers that can help you.

You can contact Knowmore by:

  • phone, on 1800 605 762 between 9am and 5pm, Monday to Friday
  • calling the National Relay Service on 1800 555 727
  • email, to info@knowmore.org.au
  • online, by filling out the contact form on the Contact us page of the Knowmore website.

If I receive a payment under this scheme, will this affect my Centrelink benefits?

If you receive a payment under the National Redress Scheme this may affect your Centrelink Benefits. You are legally required to notify Centrelink within 14 days of receiving the payment.

If you have received a payment under the scheme and are also receiving Centrelink benefits, you should get urgent legal advice.

Payments under the scheme are not taxable, so you don’t have to declare them in your tax return.

If I receive a payment under this scheme, will it affect my eligibility for social housing?

If you receive a payment under the National Redress Scheme this will not affect your eligibility for social housing. However, any interest you earn on the money you received may affect your rent payable calculations and you may have to pay a higher amount of rent.

If you have received a payment under the scheme and you are living in social housing, you should get urgent legal advice.

If I receive a payment under this scheme, will it affect my eligibility for the National Disability Insurance Scheme?

No. Receiving a payment under the National Redress Scheme will not affect your eligible for the National Disability Insurance Scheme (NDIS).

Can my payment be used to repay any debts that I owe?

If you receive a payment under the National Redress Scheme, it can’t be used to repay debts you owe to the NSW or Commonwealth Governments, including Centrelink debts, HECS/HELP debts, taxation debts, fines and infringements.

However, if you owe debts to other non-government organisations, they may take legal action against you to recover the debt from your payment.

If you need help to manage your debts, you can get free and confidential financial counselling from the National Debt Helpline.

If you owe money to a business or organisation and have received a payment under the National Redress Scheme, you should get urgent legal advice.

What are stol​en wages?

Stolen 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.

In 2004 the Aboriginal Trust Fund Repayment Scheme (ATFRS) was set up in NSW to assess claims and pay back money owed to Aboriginal people where they had money in trust for work done in NSW and the money was never paid to them. Similar schemes have operated in other states.

ATFRS has now closed and are not accepting stolen wage claims.

If you have any questions about a stolen wages claim, you should contact the Public Interest Advocacy Centre Ltd (PIAC).

For more information, see Returning stolen wages on the PIAC website.

Can I make a ​claim for stolen wages?

I​n NSW, the Aboriginal Trust Fund Repayment Scheme (ATFRS) has closed. ATFRS finished processing claims at the end of 2011 and are not accepting any more claims.

The NSW Parliamentary Inquiry into reparations for the Stolen Generations in New South Wales made a recent recommendation to re-establish the AFTRS and to continue the repayment of stolen wages to Aboriginal people in NSW.

For more information, see Returning stolen wages on the Public Interest Advocacy Centre Ltd website.

What is a land council?

A land council is an organisation that supports the local Aboriginal community. They can assist with a variety of issues including housing, legal and employment matters.

The board of an Aboriginal land council includes local elected Aboriginal community members.

In NSW, there are 120 local Aboriginal land councils.

For more information, see the New South Wales Aboriginal Land Council website. 

What if I have a tenancy dispute with a land council?

If you are a tenant renting a property from the land council, the Residential Tenancies Act 2010 (NSW) will usually apply. This law sets out the obligations of landlords and tenants in tenancy matters.

For information about your rights, see the Tenants' Union of New South Wales website.

You can also contact your local NSW Aboriginal Tenancy Advice Service or Tenants Advice and Advocacy Service for information and/or advice.

For other types of disputes, you may need legal advice about your options.

How do I make a complaint about my land council?

If you have a complaint about the conduct of staff, consultants and/or Board members of a NSW local Aboriginal land council, or staff and/or councillors of the NSW Aboriginal Land Council (NSWALC), you can make a complaint to the Office of the Registrar. 

For information about making a complaint, see Complaints on the Office of the Registrar, Aboriginal Land Rights Act 1983 (NSW) website. 

For information about making a complaint, see the Complaints Guide: Guide to making a complaint & complaint form on the New South Wales Aboriginal Land Council website.

What is Native Title?

Native Title is recognition 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.

Native Title gives Aboriginal and Torres Strait landowners varying rights, including the right to: 

  • access, camp and live on certain land
  • hunt, fish, gather food and firewood
  • use water and other resources
  • hold meetings and perform ceremonies
  • protect cultural sites
  • have a say in, and share in money from, any development of the land.

Native Title rights are different to Land Rights, which are granted by the NSW Government.

Native Title rights can co-exist with other rights, for example pastoral leases.

For more information, see the factsheet Comparison of Land Rights and Native Title in NSW on the NSW Aboriginal Land Coun cil website.

Where can I find information about a Native Title claim?

For information about a claim that is currently being determined, you can search the Register of Native Title Claims on the National Native Title Tribunal website.

For information about claims that have been finalised, you can search the National Native Title Register on the National Native Title Tribunal website.

You can also download maps on the Native Title Tribunal website that show:

  • current claims
  • claims that have been decided.

What is the difference between Native Title and Land Rights?

Land Rights are rights granted to Aboriginal communities in NSW as compensation for historic dispossession of land, and to support the social and economic development of Aboriginal communities.

A claim for Land Rights is made by the Local Aboriginal Land Council. Where a claim is successful, the freehold title to the land in the claim is transferred to the Local Aboriginal Land Council.

Local Aboriginal Land Councils do not have to show a traditional connection to land for ownership to be transferred to the Council. This is different to Native Title, which can only exist where Aboriginal communities can show they have maintained a continuing connection with the land in the claim through traditional laws and customers.

Local Aboriginal Land Councils can also negotiate agreements with other land holders for Aboriginal communities to their land to hunt, fish and gather.

Land Rights and Native Title can exist in the same land.

Native Title is managed by the Federal Government.

For more information, see the factsheet Comparison of Land Rights and Native Title in NSW on the NSW Aboriginal Land Coun cil website.

What rights do Aboriginal and Torres Strait Islander peoples have to protect their art?

Intellectual property laws in Australia protects some rights for individual people but does not protect communal rights.

The rights of Aboriginal and Torres Strait Islander peoples that are protected include: 

  • copyright of musical, dramatic, literary and artistic works created by individuals who are living or recently passed
  • moral rights – the artists right to be attributed or credited for their artwork
  • performer’s rights – the artists rights to authorise recordings of their art and to prevent unauthorised use of art
  • medicines, treatments and other products that are ‘novel’ and ‘inventive’ and can be protected by patent. Products that are created using traditional knowledge handed down over many generations generally cannot be protected by patent.

The law does not protect:

  • the underlying idea or information that is conveyed in an artwork, for example, the story told in a painting
  • traditional languages
  • performances that have not been recorded or written down
  • a style or method of art, for example, dot painting techniques
  • processes based on traditional knowledge, for example, traditional methods of weaving.

For more information, see the factsheet Indigenous Cultural and Intellectual Property (ICIP) (AITB) on the Arts Law Centre of Australia website.

Am I entitled to any of the sale proceeds if one of my artworks is resold?

You may be entitled to a percentage of the sale proceeds, called a resale royalty, if your artwork:

  • is a visual work of art, for example, a painting, drawing, print, sculpture or weaving
  • was resold after 8 June 2010 for at least $1,000
  • was sold commercially – through an auctioneer, art gallery, museum or art dealer. 

The resale royalty is five percent of the resale price of an artwork (including GST) and is payable on the second and subsequent sale(s) of the artwork.

Resale royalties are available for artworks produced by a single artist or multiple artists in collaboration.

You can’t get resale royalties for items that are mass produced, such as posters or souvenirs.

To collect your royalties, you can:

  • register for the Copyright Agency to collect it on your behalf
  • appoint an agent to collect your royalties, or
  • collect your royalties yourself.

For more information, see the factsheet Artists: Resale Royalty on the Arts Law Centre of Australia website.

If you are unsure whether you are entitled to a resale royalty payment, you should get legal advice.

What can I do if someone has used my artwork without my permission?

If you own the copyright to your artwork, you may be able to enforce your rights to your art.

If your artwork has been posted online, you should write the website or report the post to the social media organisation and request that it be taken down. If you know who posted your artwork, you could also speak to them directly and ask them to remove it.

If the website or person won’t remove your artwork, you may be able to issue a takedown notice.

For more information, see Takedown Notice – Copyright on the Arts Law Centre of Australia website.

You should also get legal advice. The Arts Law Centre of Australia provides free or low-cost legal advice and representation to Aboriginal and Torres Strait Islander artists to help protect their rights to the art. To find out how you can get legal advice, you can:

  • fill out the Talk to a lawyer form on the Arts Law Centre of Australia website, or
  • call 1800 221 457.

Who can help me protect my rights to my art?

The Arts Law Centre of Australia provides free or low-cost legal advice to Aboriginal and Torres Strait Islander artists about:

  • contracts
  • copyright
  • moral rights
  • trademarks
  • business names and structures
  • defamation
  • insurance 
  • employment.

They also help Aboriginal and Torres Strait Islander artists to draft or update their will to protect their rights to their art after they pass away.

For more information, see Legal Advice on the Arts Law Centre of Australia.

What rules apply to Aboriginal hunting?

There are many rules that apply to Aboriginal hunting, including:

  • what land you can hunt on
  • what animals you can hunt
  • what tools you can use to hunt with, for example, a firearm or bow
  • the use of dogs.

It is important that you understand and follow the rules around hunting because you can be given a serious punishment, including fines and a gaol sentence, if you break them.

For more information, see:

What rules apply to Aboriginal fishing?

Fishing laws in NSW recognise that fishing is important for Aboriginal communities as it is used for ceremonies and is a part of cultural and economic life. 

Aboriginal people do not have to apply for a licence or pay a fee to go fishing in an area where recreational fishing is allowed. This includes in marine parks where recreational fishing is allowed.

Aboriginal people can apply for an exemption to bag limits for small ceremonial or cultural fishing events.

Aboriginal people must still comply with:

  • size limits
  • the rules around taking threatened or endangered species
  • gear restrictions
  • fishing closures
  • marine park zoning.

It is important that you understand and follow the rules around fishing because you can be given serious punishment, including fines and a gaol sentence, if you break them.

For more information, see the factsheets Aboriginal Cultural Fishing in NSW and Marine Parks and Aquatic Reserves: Management, Access and Cultural Activities on the New South Wales Aboriginal Land Council website or contact Fisheries NSW.

Where can I go hunting?

You can go hunting:

  • on land that you own or occupy
  • on private land with the permission of the landowner
  • on land owned by your Local Aboriginal Land Council
  • on land owned by the NSW Government that is unoccupied
  • in NSW State forests
  • in a National Park
  • in Aboriginal-owned National Parks
  • on native title land.

For more information about where you can go hunting, you can contact:

  • your Local Aboriginal Land Council
  • your local council
  • your local National Parks and Wildlife Service
  • your local Forests NSW office.

For more information, see:

Where can I go fishing?

You can go fishing:

  • in a private dam on your own property
  • wherever recreational fishing is permitted
  • in an area of a marine park specified in a marine park permit
  • on native title land.

For more information about where you can go hunting or fishing, you can contact:

  • your Local Aboriginal Land Council
  • your local council
  • your local National Parks and Wildlife Service
  • the Marine Park Authority 
  • your local Department of Environment, Climate Change and Water (DECCW) office
  • your local Department of Primary Industries Officer.

For more information, see:

Do I need a licence to go hunting?

You do not need a game hunting licence if you are:

  • hunting a game animal under a native title right or interest
  • a member, or in the company of a member, of a local Aboriginal land council, and you are hunting traditionally in the Council area.

To go hunting anywhere else, you will need a game hunting licence.

Depending on how you are hunting you may need another type of licence, for example, a firearms licence.

You will need a licence to hunt threatened species.

You may also need a licence to hunt in a national park or historic site.

If you have a game hunting licence, you still need the express permission of the landowner or manager to hunt on their land. A licence doesn’t give you permission to enter someone’s land without their permission.

For more information, including a list of game animals, see NSW Game Hunting Guide on the NSW Department of Primary Industries website.

Who can give me legal advice about my rights to hunt and fish?

The Environmental Defenders Office provides free legal advice to individuals or groups of people about hunting and fishing rights for Aboriginal people.

To get legal advice from the Environmental Defenders Office, you can: 

  • call (02) 9262 6989 or 1800 626 239
  • apply online by checking your eligibility on the Environmental Defenders Office website and providing your details.

Who can help me with a debt?

The Financial Rights Legal Centre provides free legal advice, and in some cases representation, about credit, debt, banking and insurance matters.

They have a debt helpline for Aboriginal and Torres Strait Islander people that you can call to speak to an Aboriginal lawyer about your problems. 

For more information, including how you can contact the Financial Rights Legal Centre:

  • call 1800 808 488 (Monday to Friday 9.30am - 4.30pm)
  • see Mob Strong Debt Help on the Financial Rights Legal Centre website.

What is Link-Up NSW?

Link-Up NSW is a service that supports Aboriginal people. The service:

  • assists Aboriginal and Torres Strait Islander people who have been affected by past Australian Government removal policies, including separation through adoption, fostering, removal or institutionalisation
  • provides a professional, confidential and culturally appropriate Reunification service to members of the Stolen Generations
  • assists children and youth who are at risk of entering or have already entered the Out Of Home Care system, by finding family to provide potential kinship placements and family contact
  • provides assistance with developing cultural care plans in accordance with the Aboriginal Placement Principles
  • provides information, advocacy and referrals to Aboriginal and Torres Strait Islander carers and/or those in need of care
  • provide information referrals and assisted referrals to members of disadvantaged communities to participate in community life and activities
  • provides counselling, healing and culturally appropriate support for Aboriginal and Torres Strait Islander people who have either experienced sexual abuse as children in institutional contexts and/or those who are now adults and have been affected by the Royal Commission into Institutional Responses to Child Sexual Abuse.

For more information, go to the Link-Up NSW​ website.

Last updated: March 2024