Constitution Amendment (Recognition of Aboriginal People) Act 2010 (NSW)

Category: Legislation
Binomial Name: State of New South Wales
Date: 25 October 2010
Sub Category:Legislation
Place:
State/Country:New South Wales, Australia
Legal Status:

Assented to on 25 October 2010

Subject Matter:Law - Policy and Justice | Recognition of Traditional Rights and Interests
URL: https://www.parliament.nsw.gov.au/bill/files/1195/Passed%20by%20both%20Houses.pdf
Summary Information:

The Constitution Amendment (Recognition of Aboriginal People) Act 2010 (NSW) (the Amendment Act) was passed in October 2010 to amend the Constitution Act 1902 (NSW) (the Constitution).

Detailed Information:

The Amendment Act inserted a new section 2 into the Constitution, which acknowledges and honours the Aboriginal people of NSW as the State's first peoples and nations (at s 2(1)) and the traditional custodians and occupants of the land of NSW (at s 2(2)). Sub-section (2)(a) acknowledges the 'spiritual, social, cultural and economic relationship with their traditional lands and waters' and sub-s (2)(b) acknowledges the continued and lasting contribution to the identity of the State Aboriginal people as the traditional custodians and occupants of the land of NSW.

Under s 3, the Amendment Act does not 'create any legal rights or liability', nor does it 'give rise to or affect any civil cause of action or right to review an administrative action or affect the interpretation of an Act or law in force in New South Wales'. As such, s 2 in the NSW Constitution has remained largely symbolic.

The Amendment Act received bipartisan support, noted in an agreement the second reading speech, delivered by Hon. John Hatzitergos in the Legislative Council on 19 October 2010.

Outcomes:



Related Entries

Legislation
  • Constitution Act 1902 (NSW)

  • References

    Hansard
    Hon. John Hatzistergos Second Reading, Constitution Amendment (Recognition of Aboriginal People) Act 2010 (NSW).