17197On settlement, Australia adopted English laws and the views of the Indigenous population were not sought. Their pre-existing body of customary laws was ignored and the land was deemed terra nullius, being claimed by the Crown with all subsequent land grants being derived from an original grant from the monarch. The Australian Constitution on its instigation in 1901 failed to recognize Indigenous Australia and discriminated against them until a 1967 amendment which allowed Indigenous people the right to vote. However, in a representative government system where the Indigenous population is a fraction of the mainstream it still provided little protection and no real recognition. It resulted in the dispossession, discrimination and social disadvantage for Indigenous Australians. These results, in turn, caused extremely high incarceration rates of Indigenous people and an Australian justice system that has struggled to find a response that has not worsened the situation.

Further attempts have been…

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