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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

    • Identifying as Aboriginal or Torres Strait Islander person
    • Stolen Generations Reparations Scheme and Funeral Assistance Fund
    • Preparing a will
    • National Redress Scheme
    • Stolen wage claims
    • 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 to apply for 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 to apply 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 to apply for support under the National Redress Scheme.

Organisations

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 National Native Title Tribunal research
  • land information, mapping and geospatial products.
NSW Department of Primary Industries and Regional Development

The body responsible for managing marine parks in New South Wales.

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 New South Wales
  • representative Aboriginal Land Councils
  • for the acquisition and 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 New South Wales.
National Parks and Wildlife Act 1974 (NSW)The main law protecting Aboriginal culture and heritage sites and in New South Wales.
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 a person is 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 New South Wales Government for Aboriginal people between 1900 and 1969 but were never paid out.

OrganisationFees
NSW Department of Primary Industries and Regional Development

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 and Regional Development website.

OrganisationForm
NSW Department of Primary Industries and Regional DevelopmentAboriginal 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.

Frequently Asked Questions

Aboriginal and Torres Strait Islanders FAQs

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

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

Civil Law Service for Aboriginal Communities

This service provides confidential legal help to Aboriginal clients living in regional and remote areas of New South Wales and Aboriginal women in custody.

Family Law Service for Aboriginal Communities

This service is a state-based Aboriginal led service helping families and children in family law and care and protection matters.

Aboriginal or Torres Strait Islander

Information about the support services you can access if you identify as an Aboriginal or Torres Strait Islander person.

Caring for kids

This factsheet is for Aboriginal and Torres Strait Islander grandparents, aunties, uncles and other relatives involved in looking after young children.

Hey you mob – need help with child support?

This factsheet has information about the Child Support Service and how they can help, if you are Aboriginal or Torres Strait Islander.

Reparations for Stolen Generations survivors

This factsheet has information about the Stolen Generations Reparations Scheme.

What happens when we split up?

This factsheet has information for Aboriginal and Torres Strait Islander families to help work out what's best for kids when a relationship splits up.

Who gets my stuff when I die?

This brochure has information about wills and why they are important for Aboriginal and Torres Strait Islander people.

Last updated: December 2024