9781009840002 Digital-only chapters

2

13

Changing the law: Sport

SA D I M GI PL T A E L C -O H N AP L Y TE R S

CHAPTER

Enhance your learning with these integrated online resources: Digital workbook

• • •

Suggested responses Download or answer questions online Writing focus worksheets

Videos

• • •

Chapter tests Exam Generator Planning documents

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

3

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: • • • • •

describe the key legal issues in law reform in the context of sport identify the reasons for legal reform in relation to laws regarding sport in New South Wales describe the drivers leading to change in laws regarding sport explain how laws relating to sport have been developed through judicial decisions and legislation describe the outcomes, including benefits and limitations, of recent legal reforms related to sport.

RELEVANT LAW IMPORTANT LEGISLATION Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Australian Sports Commission Act 1989 (Cth) Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) Disability Discrimination Act 1992 (Cth) Privacy Act 1988 (Cth) Privacy and Other Legislation Amendment Act 2024 (Cth) Sport Integrity Australia Act 2020 (Cth) Australian Sports Anti-Doping Authority Act 2006 (Cth) Anti-Discrimination Act 1977 (NSW) Crimes Amendment (Cheating at Gambling) Act 2012 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Disability Inclusion Act 2014 (NSW) Civil Liability Act 2002 (NSW) SIGNIFICANT CASES Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited (2022) 273 CLR 454 Adamson v New South Wales Rugby League Ltd (1991) 31 FCR 242 Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority (2014) FCA 1019 Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

nload word

eporting

nload word

4

Cambridge Legal Studies Stage 6 Year 11

download pdf

13.1 Sport and the law LEARNING OBJECTIVE 13.1 DESCRIBE the key legal issues in law reform in the context of sport

Writing focus 13.1 Question words note taking

download pdf

The intersection of people and sport presents a unique opportunity to examine how law reform shapes both individual experiences and broader community values. Sport is a significant part of life for many Australians, offering avenues for physical health, social connection and personal development. However, as the sporting landscape evolves, so too do the legal challenges and responsibilities faced by athletes, coaches scorcher and spectators. Consequently, it is important that we understand how laws adapt to societal change in order to protect and empower those who engage in sport.

Law reform in sport is particularly crucial because it ensures the rules governing participation remain relevant and responsive to sociocultural change. Issues such as bullying, discrimination, gender equality and mental health have become increasingly prominent, prompting regulatory bodies and lawmakers to update policies that safeguard people’s wellbeing. Studying these reforms helps us to recognise the power of legislation to create safer, more inclusive sporting environments where people of all ages can thrive and develop confidence, resilience and respect for others.

By exploring law reform in the context of sport, we have the potential to gain an insight into how shifting social values, its relevance to society, technological influence and international standards address the needs of individuals, groups and society.

These will be explored in section 13.2.

Figure 13.1.1 Manizah Talash was disqualified from the 2024 Paris Summer Olympics after demonstrating for gender equality in Afghanistan.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

RESEARCH 13.1.1 Human rights issues have significantly shaped the world of sport, leading to greater inclusion and equality for athletes of all backgrounds. Campaigns against discrimination have prompted changes in policies and attitudes, allowing for fairer participation regardless of gender, race or ability. Sporting organisations often advocate for social justice, using their platforms to highlight and address human rights concerns globally – some of which result in law reform. Use the link below to answer the research questions that follow. https://cambridge.edu.au/redirect/11915 1.

2.

3.

4.

Outline how athlete activism and freedom of expression highlight the need for law reform in the context of sport.

Explain how athletes’ welfare and mental health issues have changed the legal landscape in recent times.

Outline the steps taken by global sporting bodies to prevent the abuse and harassment of athletes.

LGBTQIA+ inclusion in sport has become a significant global human rights issue in recent times. What challenges do LGBTQIA+ athletes face?

REVIEW 13.1 Online quiz

Review questions

Access sample responses and results

Review 13.1 questions 1.

2.

3.

4.

5.

Why is sport considered to be a significant aspect of life for many Australians?

How does law reform in sport respond to sociocultural changes?

What are the benefits of studying law reforms related to sport?

What legal challenges might athletes, coaches and spectators face in the evolving sporting landscape?

How can exploring law reform in sport provide insights into broader societal values and needs?

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

5

nload word

eporting

nload word

6

Cambridge Legal Studies Stage 6 Year 11 download pdf

13.2 Reasons for change LEARNING OBJECTIVE 13.2 IDENTIFY the reasons for legal reform in relation to laws regarding sport in New South Wales

Recognising changing values Writing focus 13.2 Conjunctions note taking (subordinating – contrast)

download pdf

Investigating changing social values is essential when studying law reform in sport because these values directly influence what is considered acceptable behaviour both on and off the field. As society evolves, attitudes towards issues such as inclusion, scorcher fairness, gender equality and respect in sport also shift. For example, what was once tolerated or overlooked – such as aggressive conduct or exclusion based on gender or ability – is now closely scrutinised, prompting calls for updated rules and policies that better reflect modern expectations.

For most people, sport is not only about competition but also about learning life skills, developing character and building a sense of community. Changing social values shape their experiences and the standards to which they are held, both as participants and spectators. Law reform must therefore consider these evolving norms to ensure that the sporting environment remains safe, supportive and inclusive for all people, regardless of background or identity.

Moreover, the law serves as a reflection of community standards and values at any given time. By examining how social values change – such as increasing awareness of mental health, anti-discrimination and player welfare – lawmakers and sporting bodies can proactively adapt regulations to protect athletes and ensure sport remains relevant and respected in society.

In Australia, one prominent example of law reform that has had an enormous impact upon sport is the evolution of anti-discrimination legislation and policies within sporting organisations. This has been prompted by a growing societal emphasis on inclusivity and equality, reinforced by the Anti-Discrimination Act 1977 (NSW); Sex Discrimination Act 1984 (Cth); Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) and the Racial Discrimination Act 1975 (Cth).

These statutes, and subsequent amendments over time, have directly influenced sporting codes by requiring that selection, participation and access to facilities be free from racial and gender-based discrimination. Indeed, they have compelled bodies such as the Australian Football League (AFL) and Cricket Australia to adopt policies that promote gender equity, culminating in the establishment of women’s leagues and pathways for female athletes.

Figure 13.2.1 Australian tennis player Nick Kyrgios promoting equality during a practice session.

Case law has also reflected shifting societal attitudes towards the fair and equal treatment of athletes in sport. For example, the landmark Federal Court case, Adamson v New South Wales Rugby League Ltd (1991) 31 FCR 242,

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

highlighted the importance of anti-discrimination protections in sport, affirming that sporting organisations must comply with broader community standards of equality. More recently, increased awareness of mental health and player welfare has influenced legal frameworks surrounding concussion management and duty of care.

Sporting codes have updated their rules and protocols to reflect a greater community expectation that athlete health and wellbeing are prioritised, demonstrating the powerful role that changing social values play in shaping both statutory law and judicial decisions in the sporting arena.

ANALYSIS 13.2.1 Look online for the Anti-Discrimination Act 1977 (NSW).

1. Parts 3 and 3A of the act explicitly prohibit “discrimination on the ground of sex”, and “discrimination on transgender grounds”. Outline other characteristics besides sex that do not justify discrimination, according to the Act. 2. Discuss if any of these characteristics are relevant to discrimination within sport. Describe any situations in which they might be relevant.

3. Assess whether a person’s sex and gender is different in any way from these other characteristics. Justify your response.

Maintaining relevance in society Examining the relevance of law reform in sport is crucial because sport holds a significant place in Australian society, shaping cultural traditions, community connections and national identity. Laws governing sport must keep pace with societal changes to ensure that they reflect the values, expectations and needs of the population. When the legal framework surrounding sport is outdated or fails to address contemporary issues, it risks becoming disconnected from the experiences of athletes, spectators and administrators. This has the potential to undermine trust and engagement in sporting activities.

By addressing sport’s relevance to society, law reform can respond to pressing social concerns such as inclusion, safety and equality. This responsiveness not only protects participants but also reinforces the role of sport as a vehicle for positive social change, promoting community health and wellbeing, and supporting the development of responsible citizenship.

In recent years, Australian law reform in sport has focused on ensuring integrity and safeguarding participants, reflecting the evolving expectations of society. Significant developments were the introduction of the Sport Integrity Australia Act 2020 (Cth) and the National Integrity Framework by Sport Integrity Australia, which came into effect in 2021. The latter framework established a consistent set of rules across sports to address issues such as doping, match-fixing, bullying and harassment. By mandating clear reporting and disciplinary procedures, and providing for independent complaint handling, the framework aims to make sporting environments safer and more inclusive for all participants.

Australian courts have also played a pivotal role in shaping the legal landscape of Australian sport. For example, the decision in the case of Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority 2014 FCA 1019

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

7

8

Cambridge Legal Studies Stage 6 Year 11

highlighted the importance of procedural fairness and transparency in anti-doping investigations. The Federal Court’s decision reinforced the need for sporting bodies to act within the bounds of natural justice, while ensuring that athletes’ rights were protected.

Additionally, legal reforms have made it unlawful for sporting organisations to discriminate against their athletes or staff by ensuring that sport remains relevant in a diverse society. The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth), and subsequent guidance from the Australian Human Rights Commission, also prompted sporting organisations to update their policies and practices regarding codes of conduct, fair team selection processes, and access to all facilities in order to prevent discrimination and promote equal participation.

Figure 13.2.2 Australian players warming up prior to a Junior World Championship match between Australia and Italy wearing their “Keep Rugby Clean” anti-doping T-shirts.

Together, these reforms and case law demonstrate Australia’s commitment to fostering a sporting environment that is accessible and respectful to all, regardless of background or identity. They ensure that sporting organisations are not only responsive to contemporary social values but also legally accountable for upholding principles of equality and inclusion.

Adapting to technological change Technological change has fundamentally transformed the sporting landscape, affecting everything from how games are played and officiated to how athletes train and spectators engage. Innovations such as video-assisted refereeing, wearable fitness trackers and advanced broadcasting methods have not only improved accuracy and performance but also raised new legal and ethical questions. Studying law reform in sport must therefore include an examination of technology’s impact, as it shapes the rules, fairness and accessibility of sporting competitions.

Australian law reform, in the context of sport, has increasingly focused on responding to the rapid pace of technological change, recognising that innovations such as video-assisted refereeing, performance-tracking devices and athlete data storage are fundamentally altering how sport is played. Lawmakers and sporting organisations are tasked with ensuring that the legal frameworks governing sport keep up with these advancements to maintain the integrity and fairness of competition. This has led to the development and amendment of rules and regulations that directly address the integration of new technologies, such as the formal adoption of instant replay systems in cricket and tennis, which have necessitated updates to dispute resolution procedures and the rules of play.

Case law has also played a critical role in shaping how Australian sport navigates technological change. Courts have been called upon to interpret and apply existing laws in light of emerging technologies, particularly where disputes arise about the use or impact of technology on athlete privacy. For example, in the case of Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224,

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

9

Australian Clinical Labs was ordered to pay civil penalties of $5.8 million for the failure to prevent a cyber incident (hacking), which exposed the personal data and sensitive health information of many thousands of individuals. This legal precedent now affects any merger, acquisition or future unification of sporting teams. More broadly, it underscores the critical need for sports bodies to safeguard their athlete’s personal data and implement robust anti-hacking procedures.

According to both the Privacy Act 1988 (Cth) and the Privacy and Other Legislation Amendment Act 2024 (Cth), athletes must give their permission to sporting bodies (e.g. employer, coach) before their data can be collected from “wearable” technology. Also, athletes are entitled to access any personal information that is held on their behalf. Most importantly, they must be satisfied that the data collected (called performance metrics) is reasonably necessary for, or directly related to, one or more of their organisation’s functions or activities. Indeed, collected data cannot be disclosed to third parties, and when the data is no longer required, all reasonable steps must be taken by the employer to destroy it.

Figure 13.2.3 Wearable technology plays an important part in modern sport.

Upholding international standards Many Australian athletes, teams and sporting organisations participate in international competitions. Consequently, they are subject to the regulations and expectations of global governing bodies. Ensuring that local laws and policies align with international standards helps to maintain fair play, integrity and consistency across borders, allowing Australian participants to compete on a level playing field.

performance metrics quantifiable data points used to track, measure and assess the efficiency, quality and success of an athlete against strategic goals

Sport-related law reform in Australia, therefore, actively pursues alignment with international standards to ensure that our athletes, teams and sporting organisations can participate fairly and competitively on the global stage. Legislative changes and policy updates often reflect the requirements set by international governing bodies such as the World Anti-Doping Agency, the International Olympic Committee and other sport-specific federations. For example, the development and implementation of the National Integrity Framework by Sport Integrity Australia was designed to address issues such as doping, match-fixing and harassment in line with global expectations. By embedding international protocols and procedures into domestic law, Australia minimises the risk of legal conflicts or sanctions for non-compliance and ensures its sporting participants are subject to consistent and transparent standards across borders.

Australia’s commitment to upholding international benchmarks within sport is also exemplified in case law. Courts have interpreted and applied local laws in ways that support global standards, particularly in matters relating to anti-doping and athlete protection.

Decisions such as the previously mentioned Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority 2014 FCA 1019 highlighted the importance of procedural fairness and transparency. Such principles are central to international sporting regulations. They help to maintain the integrity of Australian sport, protect the rights of athletes, and enhance Australia’s reputation by demonstrating a willingness to adopt best practices and ethical conduct.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

10

Cambridge Legal Studies Stage 6 Year 11

Amending existing or outdated laws Sporting environments are constantly evolving, highlighting the importance of amending existing or outdated laws. What may have been suitable or effective decades ago can quickly become irrelevant as social values, technology and the nature of participation change. Outdated laws can create confusion, inconsistencies or even unfair outcomes.

By identifying and amending laws that no longer reflect current practices or community expectations, sporting bodies and lawmakers help ensure that regulations remain fit for purpose. This process supports fairness, safety and inclusivity by closing loopholes, addressing new forms of misconduct and aligning legal frameworks with modern realities. For example, changes in attitudes towards gender equality or the use of performance-enhancing technology may require updates to rules and disciplinary procedures to protect participants and uphold the spirit of competition.

The introduction and subsequent amendments to the Australian Sports Anti-Doping Authority Act 2006 (Cth) were direct responses to gaps identified in previous frameworks, ensuring that anti-doping practices in Australia remained robust and compliant with the World Anti-Doping Code. These reforms were essential for maintaining fairness and integrity in sport, while also protecting the rights of athletes and upholding procedural justice.

Addressing the needs of individuals, groups or society Australian law reform in sport has increasingly prioritised the needs of individuals by introducing frameworks and policies that safeguard personal welfare, safety and inclusion. For example, Sport Integrity Australia’s National Integrity Framework established nationwide standards for all sporting codes, addressing critical issues such as doping, match-fixing, bullying and harassment.

The needs of groups or society have also been addressed by law reform. Local clubs, schools and cultural organisations rely on fair and transparent regulations to facilitate teamwork, competition and shared experiences. These developments serve to strengthen group dynamics and promote social cohesion. Examples of reforms include the following: • Legislative amendments such as the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth). This legislation have prompted sporting organisations to update their policies, actively preventing discrimination and encouraging equal participation. This has enabled LGBTQIA+ groups and individuals to join and compete in sporting clubs without fear of exclusion or bias.

• Updates to child safety laws and the implementation of mandatory Working with Children Checks (e.g. Child Protection (Working with Children) Act 2012 (NSW)) have enhanced the protection of junior sporting groups, ensuring coaches, volunteers and officials meet strict standards. This reform supports schools and youth clubs by providing safer environments for children and young people in sport.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

• The Crimes Amendment (Cheating at Gambling) Act 2012 (NSW) amended the Crimes Act 1900 (NSW) to introduce specific criminal offences for match-fixing, cheating and using “inside information” to corrupt betting outcomes. It carries penalties of up to 10 years’ imprisonment for corrupting a betting outcome.

• Changes to anti-doping legislation, such as amendments to the Australian Sports Anti-Doping Authority Act 2006 (Cth), have reinforced group accountability and fair competition. Clubs and representative teams are now subject to clear anti-doping policies, promoting collective integrity and safeguarding the reputation of the wider sporting community.

• The Disability Inclusion Act 2014 (NSW) has mandated inclusive access for people with disabilities, requiring all NSW venues (sporting and otherwise) to be accessible for people of all abilities. This has allowed disability sporting groups and organisations to participate fully in sport.

REVIEW 13.2 Online quiz

Review questions

Access sample responses and results

Review 13.2 questions 1. Explain how changing social values have influenced law reform in Australian sport. In your response, refer to both legislation and case law examples.

2. Why is law reform in sport considered essential for maintaining the relevance of sport in Australian society? What are some key legal developments that have supported inclusion, integrity and equality?

3. Discuss how Australian law reform in sport has responded to technological change including the legal and ethical challenges posed by innovations such as wearable technology and instant replay systems. Illustrate your answer with examples from legislation and case law.

4. Explain why it is important to amend existing or outdated laws in the context of sport.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

11

nload word

eporting

nload word

12

Cambridge Legal Studies Stage 6 Year 11

download pdf

13.3 Drivers of change LEARNING OBJECTIVE 13.3 DESCRIBE the drivers leading to change in laws regarding sport

Ways to influence change Writing focus 13.3 Noun phrases note taking (identify)

download pdf

In the Australian sporting context, activism, advocacy, public opinion, investigations, findings and recommendations are powerful forces that can shape and reform the laws governing participation and conduct in sport. These drivers of change work scorcher together to draw attention to issues of integrity, safety, inclusion and fairness within the sporting community. Whether through public campaigns, media coverage or formal inquiries, these mechanisms help to highlight shortcomings in existing legislation and encourage lawmakers to respond with meaningful reform. By voicing community concerns, presenting evidence and making informed recommendations, individuals and groups play a crucial role in ensuring that sporting laws reflect contemporary values and protect the rights and wellbeing of all participants.

Activism Activism plays a crucial role in reforming the laws that govern participation and conduct in Australian sport by bringing public attention to pressing issues and driving change from the grassroots level. Through campaigns, protests, petitions and media engagement, activists can highlight deficiencies in existing regulations, such as inadequate protections for athletes, discrimination or unsafe practices.

When these efforts gain momentum, they often shift public opinion and pressure sporting organisations and lawmakers to respond. For example, activism around gender equality in sport has led to increased advocacy for equal pay, support for female athletes and the adoption of anti-discrimination measures across various sporting codes.

Community-led activism also influences law reform by prompting formal reviews and investigations. When activists raise concerns, such as the need for better concussion protocols in body contact sports, greater inclusivity for LGBTQIA+ participants, or stronger anti-doping measures, these topics frequently become the subject of inquiries or parliamentary debates. The evidence and testimonies gathered through activism help to demonstrate the real-world impact of current laws or gaps in legislation. This motivates government bodies to consider new rules or amendments.

As a result, activism serves as a vital mechanism for ensuring that sporting rules reflect contemporary values and safeguard athlete wellbeing.

Ultimately, activism not only shapes public debate, but it also empowers marginalised voices within the sporting community. By mobilising supporters and sharing compelling stories, activists can influence both informal and formal pathways to law reform. This collective action often results in the introduction of new policies, amendments to existing legislation, and the establishment of standards that promote fairness, safety and respect in sport.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

ANALYSIS 13.3.1 Read the article “Kate Jenkins to push gender equality after taking top sports administration job” at https://cambridge. edu.au/redirect/12206 and answer the following questions.

1.

2.

3.

4.

Who is Kate Jenkins? What is her vision for Australian sport?

How did Jenkins describe women’s sport in Australia?

How does Jenkins link the Matildas’ success at the 2023 World Cup to gender equality?

Outline the role of the Australian Sports Commission.

Advocacy Advocacy is a powerful driver of legal reform that can influence Australian sport, playing a pivotal role in shaping policies that govern participation and conduct.

Advocates, ranging from individuals to organised groups, use their voices, expertise and resources to highlight issues such as discrimination, safety concerns and barriers to inclusion. By engaging with athletes, coaches, administrators and the broader community, advocacy efforts can bring attention to gaps or inconsistencies in existing sporting laws. These campaigns often use evidence-based arguments, public forums and media engagement to build momentum and encourage decision-makers to consider legislative change.

By lobbying policy-makers, submitting recommendations to government inquiries, or mobilising public support through petitions and campaigns, advocacy groups highlight inequities in existing legislation and regulations. Their sustained efforts can lead to the introduction of new policies, amendments to rules or the development of frameworks that address issues such as discrimination, child protection and gender equality throughout the sporting landscape.

One of the most effective ways that advocacy influences reform is through direct engagement with lawmakers and regulatory bodies. Advocacy groups may submit formal proposals, participate in parliamentary inquiries or provide expert testimony on matters such as concussion protocols, gender equity or anti-doping measures.

By presenting research, personal experiences and community feedback, advocates can demonstrate the real-world impacts of current legislation and propose practical solutions. This process not only informs the development of new laws but also ensures that any amendments reflect the values and needs of those most affected by sporting regulations.

Advocacy also works in tandem with activism and public opinion to create a groundswell of support for change. When advocates successfully mobilise public sentiment, whether through awareness campaigns, petitions or media coverage, they can pressure sporting organisations and government bodies to act.

ANALYSIS 13.3.2 Read the article “What is policy advocacy and why does it matter for sport for development?” at https://cambridge.edu. au/redirect/12080.

1. Explain the difference between direct and indirect advocacy.

2. Outline how advocacy influenced the United Nations to create the “International Day of Sport for Development and Peace”.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

13

14

Cambridge Legal Studies Stage 6 Year 11

Public opinion Public opinion is a powerful catalyst for legal reform that can directly or indirectly influence Australian sport, as it reflects the collective attitudes, values and expectations of the wider community. When issues such as discrimination, athlete safety or integrity breaches gain widespread attention through platforms including social media, talkback radio and mainstream news outlets, public sentiment can quickly shift and place significant pressure on sporting organisations and lawmakers to address these concerns.

Strong public opinion, therefore, often prompts sporting bodies and governments to review and update their policies and laws to align with community standards. For example, widespread outrage over incidents of racial abuse (e.g. former AFL player Adam Goodes) or gender inequality (e.g. AFLW player Tayla Harris) in sport has led to the introduction of stricter anti-discrimination policies and the implementation of education programs at both community and elite levels. Public campaigns for greater protections against concussion and other injuries have similarly resulted in the adoption of stronger safety protocols and the amendment of relevant sporting regulations. These changes demonstrate how the collective voice of the public can directly influence the content and enforcement of laws governing participation and conduct in sport.

MEDIA 13.3.1 Standing together against racism and discrimination in sport Sport Integrity Australia, 28 February 2025 “Sport has the unique ability to bring people together, reflecting our collective actions, values, and aspirations as a society and country,” said [Sport Integrity Australia (SIA)] Culture and Safety Advisor, Patrick Johnson OLY. “In recognition of the 2025 theme of We Stand Together, it is imperative that we, as a community, stand together to draw a clear line in the sand, demonstrating zero tolerance for racism and discrimination.”

Recent research by Monash University has found more than half of Australians who play community sport report experiencing or witnessing racism.

The study canvassed the experience of Australians playing community sport and found 30 per cent reported having directly experienced racism, with a further 26 per cent having witnessed it. As a result, 20 per cent of those targeted reduced or changed their participation.

“Each one of us is accountable for calling out racism and discrimination, and we must lead by example to show that we have zero tolerance for these behaviours in sport, now and for future generations,” Mr Johnson said.

“It takes courage to call out such actions and to take a stand, but it is a necessary step towards creating a more inclusive and respectful sporting environment.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

SIA is committed to tackling racism and discrimination and has a dedicated Safe Sport Hotline to listen to your stories in relation to racism, discrimination or cultural issues that you have experienced in sport.

The 1800 161 361 Safe Sport Hotline provides guidance and support on all forms of discrimination and cultural issues that the community may have experienced in sport.

The Safe Sport Hotline is a safe space for anyone involved in sport to feel heard, supported, and to receive guidance on the available options.

With Australia preparing to host the 2032 Olympic and Paralympic Games, it is vital that we show the rest of the world that racism and discrimination have no place in sport. We want to ensure that Brisbane embodies a safe and inclusive games for all.

Let us all commit to creating a safe and inclusive sporting environment for everyone. Stand up, speak out, and take action against racism and discrimination in sport. Together, we can make a difference,” Mr Johnson said.

ANALYSIS 13.3.3 Read Media 13.3.2 and answer the following questions.

1. According to the Sport Integrity Australia article, what unique role does sport play in our society? How does this role affect public opinion?

2. Outline the 2025 findings published by Monash University on racism and discrimination in sport.

3. What role will public opinion play in the lead up to Australia’s hosting of the 2032 Olympic and Paralympic Games?

Investigations, findings and recommendations Investigations play a vital role in reforming the laws that govern participation and conduct in Australian sport. When concerns arise, such as issues related to athlete safety, discrimination or breaches of integrity, formal investigations are often launched by government agencies, sporting organisations or independent bodies.

These inquiries collect evidence, interview stakeholders and analyse existing policies to identify shortcomings or areas where the law failed to protect participants. The findings from investigations provide an authoritative basis for recommending changes, ensuring that any proposed reforms are grounded in real-world experiences and supported by factual evidence.

One of the strengths of investigations is their ability to bring together perspectives from athletes, coaches, administrators, medical experts and community members.

By examining personal experiences alongside expert testimony, investigations reveal the practical impacts of current laws and highlight gaps that may not be obvious to lawmakers.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

15

16

Cambridge Legal Studies Stage 6 Year 11

Following the completion of an investigation, the findings and recommendations are frequently presented to parliament, regulatory bodies or sporting organisations, serving as a catalyst for legislative change.

Informal methods of law reform in sport Informal methods of law reform are usually undertaken outside of the official parliamentary process. They are generally driven by sporting organisations, advocacy groups, the media and public inquiries. Over time, they have played a pivotal role in reforming and amending both legislative and regulatory frameworks in the context of Australian sport. Informal methods of reform frequently bring attention to shortcomings or emerging issues in existing rules, and create momentum for legislative or policy changes.

Informal methods of law reform that have consistently influenced the Australian sporting landscape will now be discussed in more detail.

Advocacy groups Advocacy groups often represent the interests of specific communities, such as athletes, coaches, parents or marginalised groups, and advocate for changes that improve safety, fairness and inclusion in sport. Some of the key sport advocacy groups in Australia include: Athlete rights and representation

collective bargaining agreement in sport, a legally binding contract between a sports league (employers) and a players’ union (representing employees) that defines the minimum terms of employment including salaries, benefits and working conditions

• Australian Athletes Alliance: The peak body for Australia’s professional athletes, representing over 3,500 players across major sports (e.g. AFL, NRL, netball, cricket). They advocate for safety, mental health and collective bargaining agreements that influence regulation.

• Athlete Rights Australia: An advocacy group that has raised concerns about the consistency of integrity processes and pushed for improvements in how complaints are handled within the sporting sector.

Integrity, safety and compliance

• Sport Integrity Australia (SIA): While a government agency, SIA works with stakeholders to implement the National Integrity Framework, a set of policies covering anti-doping, child safeguarding and competition manipulation that national sporting organisations must adopt.

• Champions of Change Sport: A coalition of 16 leaders from major sporting organisations (e.g. AFL, rugby, netball) that works to advance gender equality, increase women in leadership and create safer, more inclusive sporting cultures.

• Women Sport Australia: An independent not-for-profit body for women and girls in sport in Australia. Dedicated to making sport equitable for all.

Inclusion and diversity

• Australian Sporting Alliance for People with a Disability: A collaboration of national sporting organisations for people with a disability that advocates for inclusive sports, policy and equitable competition rules for people with disabilities.

• Proud 2 Play: This group supports LGBTQIA+ inclusion in sports by fostering safer, non-discriminatory spaces and providing education to the sporting sector.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

• Centre for Multicultural Sport: This group aims to drive social change through sport by offering diversity audits, training and consulting. It aims to make sport more accessible and inclusive for multicultural communities.

The media The media plays a crucial role in law reform by bringing public attention to issues within the sporting sector that may otherwise remain unaddressed. Through investigative journalism, opinion pieces and news coverage, the media exposes problematic practices, safety concerns or inconsistencies in the application of rules at both the local and elite levels. This public exposure often generates widespread discussion, prompting sporting bodies and lawmakers to respond. By amplifying the voices of affected individuals and advocacy groups, the media creates pressure for regulatory and legislative reform, ensuring that sport in Australia remains transparent, accountable and aligned with community expectations.

ANALYSIS 13.3.4 Use the link below to answer the four research questions regarding match fixing in Australian football that follow: https://cambridge.edu.au/redirect/11916 1.

2.

3.

4.

According to the article, why are two of Australia’s foremost integrity experts concerned?

Outline how the match-fixing scheme took place.

How was the match-fixing scheme discovered?

How did the federal government respond to this attempt at match fixing?

Formal methods of law reform are structured approaches used primarily to improve, update or change laws by way of legislative, executive and judicial methods. These procedures help to ensure laws remain relevant, fair and effective. This is especially true in areas such as match-fixing, doping, discrimination, child protection and gender equity. By using formal methods such as the legislative process, judicial decisions, Royal Commissions, law reform commissions and parliamentary inquiries, governments and agencies can address emerging issues and adapt the legal framework.

Public inquiries Public inquiries are often initiated in response to advocacy or media pressure. They serve as official mechanisms for examining systemic issues within sport. These inquiries can be conducted by parliamentary committees, Royal Commissions or independent panels, and they typically involve collecting evidence from stakeholders including athletes, administrators and the broader community. Public inquiries provide an opportunity to rigorously investigate matters such as governance failures, abuse, doping or corruption in sport. Their findings often lead to concrete recommendations for legislative amendments or the introduction of new regulatory frameworks designed to enhance integrity, safety and equity in both community and professional sporting environments.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

17

18

Cambridge Legal Studies Stage 6 Year 11

Formal methods of law reform in sport Law reform commissions

spot-fixing the action or practice of dishonestly determining the outcome of a specific part of a match or game before it is played

Law reform commissions are independent bodies tasked with reviewing existing laws and proposing improvements. They conduct research, consult stakeholders and publish reports on issues such as gambling in sport. Indeed, the NSW Law Reform Commission completed a major inquiry into Cheating at Gambling (Report 130, 2011), focusing on strengthening criminal laws to protect the integrity of sports from spot-fixing and corruption. Consequently, this report led to, and supported, the introduction of the Crimes Amendment (Cheating at Gambling) Act 2012 (NSW).

Recommendations from law reform commissions therefore often form the basis for legislative changes, making the law more responsive and effective.

Parliamentary inquiries Government and parliamentary inquiries are formal reviews used to investigate specific concerns, including those about athlete safety and regulation. These inquiries may involve hearings, public submissions and expert testimony. Their findings can lead to new policies, amendments to existing laws or targeted education campaigns. Inquiries provide a flexible and responsive way to address emerging issues, ensuring that the legal framework adapts quickly to protect athletes and the broader community.

MEDIA 13.3.2 Protecting our coveted green and gold! Are we effectively preventing unlawful drug use in Australian sport?

Parliament of Australia Media Release, 5 September 2025 The Joint Committee of Public Accounts and Audit (JCPAA) has commenced an inquiry into Sport Integrity Australia’s (SIA) management of the National Anti-Doping Scheme. SIA was established in 2020 to protect Australian sporting integrity through a coordinated national approach that includes the detection and prevention of illegal drug use by athletes.

Committee Chair Josh Burns MP commented that “Sport Integrity Australia has been tasked with the vital role of detecting and preventing the unlawful use of drugs in Australian sport. It is of great interest to the Committee whether the current scheme to achieve this is working as it should. The Australian National Audit Office has provided advice to the committee recommending further investigation.”

Mr Burns further stated, “given the importance of sport in Australian life, and as we approach the hosting of the 2032 Olympic and Paralympic Games in Brisbane which will be another wonderful landmark in our nation’s sporting history, it is critical that SIA has effective management and governance arrangements in place.”

The inquiry’s terms of reference will include an examination of SIA’s testing and investigative functions, the alignment of Australia’s Anti-Doping Scheme with both domestically and internationally established standards, and the prevalence and causes of unlawful doping in Australian sport.

The inquiry will further consider the findings in Auditor-General Report No.27 2024–25 Sport Integrity Australia’s Management of the National Anti-Doping Scheme.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

19

ANALYSIS 13.3.5 Read Media 13.3.3 and answer the following questions.

1. Why did this federal parliamentary inquiry take place in 2025?

2. Explain why Sport Integrity Australia’s management of its anti-doping program was critical to Australian sport.

3. Outline the terms of references that guided this parliamentary inquiry.

REVIEW 13.3 Online quiz

Access sample responses and results

Review questions

Review 13.3 questions 1. Explain how activism influences law reform in the Australian sporting context.

2. How does advocacy contribute to legal reform and improved policy in Australian sport? Provide examples of the strategies advocates use and the outcomes they seek to achieve.

3. Name at least two advocacy groups and describe their focus areas. video widget reporting 4. How can public opinion lead to changes in laws and policies in the Australian sporting landscape? note taking 5. Outline how investigations contribute to law reform in Australian sport.

6. How does the media contribute to law reform in the Australian sporting sector?

7. What role do law reform commissions play in the process of law reform in Australian sport? Give an example of their impact.

scorcher

Go online to assign and download questions, view results and more!

quiz

questions

13.4 Processes of change

download word

download pdf

LEARNING OBJECTIVE 13.4 EXPLAIN how laws relating to sport have been developed through judicial decisions and legislation

Legislative methods The legislative process is the most direct way to change laws that are pertinent to the operation of sport in Australia. Parliament can: • • • •

introduce Bills debate pass new legislation video amend or repeal existing laws.

widget

reporting

Writing focus 13.4 Noun phrases note taking (identify and develop)

Amendments to regulations governing sporting organisations, athlete eligibility and safety standards are not usually implemented directly through Acts of Parliament. Instead, they come about through a combination of legislation, statutory instruments and private non-governmental regulations (by-laws/policies). However, Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 quiz

questions

download word

download pdf

scorcher

20

Cambridge Legal Studies Stage 6 Year 11

the parliamentary legislative process guarantees that any changes are transparent, publicly debated and formally adopted, ensuring they are enforceable throughout the state or country.

A good example of parliamentary legislation that has been significant to the operation of sport in Australia is the Sport Integrity Australia Act 2020 (Cth). This Act created Sport Integrity Australia, which is a single national entity that consolidated integrity functions to address the growing threats of doping, match-fixing and ethical breaches in Australian sport.

The Sport Integrity Australia Act 2020 (Cth) has therefore become central to Australian sport because it has:

disclosure notice a formal, often mandatory, legal document requiring parties to share all relevant information, documents or financial records regarding a legal matter obvious risk the defence in a legal argument in personal injury cases where a defendant claims they are not liable for harm because the risk was so apparent, that a reasonable person would have recognised it

• established national anti-doping regulations, which, along with Sport Integrity Australia Regulations 2020, appoints Sport Integrity Australia as Australia’s national anti-doping organisation, which is also responsible for implementing the World Anti-Doping Code in our country • created mandatory standards, with 95 Australian sporting organisations (as of 2026) adopting the National Anti-Doping Policy to ensure consistent rules across a variety of sports • provided Sport Integrity Australia with expanded powers to investigate suspected doping, even in the absence of a positive test, including the authority to issue disclosure notices that require athletes to provide information • facilitated a broader integrity scope beyond doping, which covers sport integrity functions relating to competition manipulation, betting and safeguarding children and young people engaged in grass roots and elite levels of sport • established the National Integrity Framework, which is the implementation of a templated set of policies that national sporting organisations must follow to manage behaviour and conduct.

Judicial methods Courts play a vital role in law reform by interpreting and applying existing sportrelated laws. When judges make decisions in cases involving sporting activity, their rulings can set legal precedents that influence future cases and shape the way laws are understood. Judicial decisions sometimes highlight shortcomings or ambiguities in the law, prompting lawmakers to clarify or update legislation. While courts don’t create new statutes, their interpretations can lead to significant changes in how parliamentary laws affect Australian athletes.

A significant Australian court case regarding a sporting incident in which judges highlighted shortcomings in the law is Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited (2022) 273 CLR 454. Although it was decided in 2022, this High Court of Australia case remains the definitive modern precedent on the obvious risk defence in recreational sport, with the judges highlighting major ambiguities in how the Civil Liability Act 2002 (NSW) was being applied to competitive sports.

The Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11 case related to an incident involving Ms Tapp, a contestant in a campdrafting event (a rodeo sport involving horses). She suffered serious spinal injuries when her horse slipped and fell in mud while in competition.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

Prior to her fall, several other competitors had also fallen due to deteriorating rain-affected ground conditions. Ms Tapp argued that the Association running the event failed to stop the competition despite the risks. The Association (defendant) argued it was not liable for Ms Tapp’s injuries under section 5L of the Civil Liability Act 2002 (NSW), which states that a person is not liable for injuries caused by an “obvious risk” of a “dangerous recreational activity”. The primary judge and the NSW Court of Appeal both initially agreed with the Association.

However, the High Court overturned the decisions of the lower courts and found in favour of Tapp, arguing that the Association had been negligent in allowing the event to continue in worsening conditions.

The High Court majority criticised the lower courts’ broad interpretation of “obvious risk”. They highlighted that: • the lower courts had wrongly treated the risk of “falling off a horse” generally, rather than analysing the “specific risk” arising from the declining ground conditions and the failure to stop the event • the ambiguity in the definition of “obvious risk” was being misused to shield organisers from their duty to manage safety in competitive environments where they still have control over the venue and rules.

The Tapp decision addressed the over-application of the “obvious risk” defence in competitive sports, clarifying that a dangerous sport does not mean organisers can ignore safety risks that arise during the event. Clearly, this legal precedent has grave implications for collision sports such as rugby league and AFL where head-high contact has become problematic in recent times.

REVIEW 13.4 Online quiz

Review questions

Access sample responses and results

Review 13.4 questions 1. What is the main purpose of the Sport Integrity Australia Act 2020 (Cth)? How has it affected sporting organisations in Australia?

2. How do Australian courts contribute to law reform in the context of sport? What was the significance of the Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited (2022) 273 CLR 454 decision for the interpretation of the “obvious risk” defence in sporting incidents?

3. Explain the main formal methods of law reform in sport. Briefly describe how each method contributes to improving the legal framework in Australia.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

21

nload word

eporting

nload word

22

Cambridge Legal Studies Stage 6 Year 11 download pdf

13.5 Outcomes of change LEARNING OBJECTIVE 13.5 DESCRIBE the outcomes, including benefits and limitations, of recent legal reforms related to sport

Benefits of law reform in sport The promotion of a culture of honesty and transparency in sport Writing focus 13.5 Transitional note taking phrases

Sport-related law reform plays a crucial role in protecting the integrity of competitions and ensuring fair play. By introducing legislative changes, such as the scorcher Crimes Amendment (Cheating at Gambling) Act 2012 (NSW), authorities can address issues such as spot-fixing and corruption, creating an environment where athletes, officials and fans can have confidence in the outcomes. These reforms help deter unethical behaviour and promote a culture of honesty within the sporting community.

The enhancement of athlete safety and welfare

download pdf

Sport-related law reform often leads to stricter regulations regarding player conduct, equipment standards and medical protocols, reducing risks of injury or exploitation.

This ensures that sports organisations are held accountable for maintaining safe environments (e.g. Child Protection (Working with Children) Act 2012 (NSW)), which is especially important for amateur athletes and junior participants.

The fostering of greater inclusivity and equality within sport Changes to anti-discrimination laws and codes of conduct have paved the way for more diverse participation, breaking down barriers related to gender, disability and cultural background (e.g. the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth) and the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth)). As a result, more Australians can enjoy and contribute to their chosen sports, strengthening community ties and promoting social cohesion.

Improvement of the commercial viability and reputation of sporting codes Regulatory improvements help safeguard the interests of sponsors, broadcasters and other stakeholders by assuring them that competitions are conducted ethically and transparently. This attracts investment and increases fan engagement, which is vital for the growth and sustainability of Australian sport.

The empowerment of governing bodies Peak bodies that administer various sporting codes are generally highly organised and can respond swiftly to emerging challenges. These include such things as technological advancements or new forms of misconduct. By updating legal frameworks, authorities can stay ahead of trends that might undermine the integrity or safety of their sport. This proactive approach ensures that sport continues to evolve in a way that reflects contemporary values and expectations and, in so doing, maintains its positive role in society.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

Limitations of law reform in sport The gap between legislation and enforcement While law reform has played a crucial role in shaping safer and more inclusive sporting environments in Australia, it is important to recognise that legal changes alone cannot address all challenges. One significant limitation is that even with robust laws in place, inconsistent application or lack of resources can mean that protections for athletes and participants are not always realised at the community level.

While law reform has played a crucial role in shaping safer and more inclusive sporting environments in Australia, it is important to recognise that legal changes alone cannot address all challenges. One significant limitation is that even with strong laws in place, inconsistent application or lack of resources can mean that protections for athletes and participants are not always realised at the grassroots level. For example: • Variable implementation of anti-discrimination policies: While national and state legislation prohibits discrimination based on race, gender or disability, some community sports clubs may lack training or awareness, leading to unaddressed incidents of exclusion or harassment, especially for minority or LGBTQIA+ participants.

• Limited medical protocols and safety equipment: Smaller clubs often have fewer resources for first aid training, access to defibrillators or maintaining equipment to the required safety standards. This can compromise player welfare, despite overarching legal obligations.

• Inconsistent reporting and disciplinary procedures: At the community level, processes for reporting misconduct – such as bullying, abuse or match-fixing – may be informal or poorly communicated, resulting in under-reporting and limited accountability.

• Resource constraints for education and training: Grassroots organisations may lack funds or time to deliver regular training on new legal requirements, such as concussion protocols, leaving volunteers and participants unaware of their responsibilities and rights.

The slow pace of law reform Law reform can take place slowly. Consequently, it may lag behind rapid developments in new sport-related technologies. This delay can leave athletes and organisations exposed to risks before updated regulations are implemented, making it difficult for governing bodies to respond effectively to pressing issues.

All-purpose law reform can be problematic Law reform can, at times, struggle to accommodate the diverse needs of different sporting codes and communities. As a result, “general” legislation can sometimes fail to consider the unique circumstances of minority groups, regional clubs or less mainstream sports. This can result in uneven outcomes and unintended consequences for those sports groups outside the major sporting organisations.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

23

24

Cambridge Legal Studies Stage 6 Year 11

Increased administrative burdens Legal reform has the potential to create additional administrative burdens for sports organisations, especially smaller clubs with limited resources. Compliance with new regulations often requires significant investment in training, documentation and monitoring, which can divert time and funds away from player development and community engagement.

Entrenched attitudes and cultural practices Law reform is not always effective in changing entrenched attitudes or cultural practices within sport. While legislation can set standards, it cannot guarantee shifts in behaviour or values. Overcoming issues such as discrimination, harassment or resistance to inclusivity often requires broader educational and cultural initiatives alongside legal interventions to achieve lasting change.

REVIEW 13.5 Online quiz

Review questions

Access sample responses and results

Review 13.5 questions 1. Outline two key benefits of law reform in sport. Provide examples to support your answer.

2. Explain how law reform enhances inclusivity and equality in Australian sport.

3. Discuss the limitations of law reform in Australian sport, particularly focusing on the gap between legislation and enforcement at the grassroots level. Use examples to illustrate your answer.

4. Explain why entrenched attitudes or cultural practices still exist in sport despite law reform.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

End of chapter Revise and consolidate your learning with these online tools: • • • • •

Interactive checklist Chapter summary Download or answer questions online View suggested responses Depth study support

Teachers can access these additional downloadable resources and Learning Management System features: • • • •

Individual student reports Assign tasks and track results Print or assign chapter tests Exam Generator: create custom practice exams

Chapter summary • •

•

•

•

•

•

• •

•

•

Sport plays a significant role in Australian life, so the law must keep pace with changing community expectations to keep participants safe, supported and included.

As society’s values shift, especially around bullying, discrimination, gender equality, mental health and player welfare, laws and policies in sport must evolve to reflect what the community now considers to be fair and acceptable.

Law reform in sport focuses on protecting participants, promoting equality and supporting positive experiences both on and off the field. It aims to make sport a place where everyone can participate with confidence and respect.

Anti-discrimination laws at both state and federal levels have been central to improving equity in sport. They have helped open pathways for female athletes, strengthened protections for culturally diverse and First Nations athletes, and prohibited discrimination based on gender identity, sexual orientation or race.

Court decisions, such as Adamson v New South Wales Rugby League Ltd (1991) 31 FCR 242, have reinforced these principles by confirming that fairness and equal opportunity apply to sporting organisations, just as they do to other areas of public life.

Player welfare has become a major driver of reform. Issues such as concussion, long-term injury, safety of young people and mental health support have prompted clearer standards of care and stronger legal responsibilities for coaches, clubs and governing bodies.

The law also responds to integrity issues such as doping, match-fixing and misconduct.

Reforms including the Sport Integrity Australia Act 2020 (Cth) and the National Integrity Framework provide clear rules, reporting processes and protections for participants.

Australia’s sporting laws are regularly updated to align with international standards so that athletes can compete fairly and consistently across national and global competitions.

Activism, advocacy and public campaigns continue to influence reform. When communities raise concerns about discrimination, safety or integrity, governments and sporting bodies often review existing rules and introduce changes.

Advocacy groups representing women, people with disability, LGBTQIA+ communities, multicultural communities and professional athletes play an important role by highlighting gaps in protection and proposing solutions.

Formal investigations and inquiries also shape reform by gathering evidence from athletes, coaches, parents, medical experts and organisations, helping lawmakers understand the real-world impact of current laws.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

25

26

Cambridge Legal Studies Stage 6 Year 11

•

• •

Together, these processes lead to new or amended legislation, such as antidiscrimination updates, child protection laws, anti-doping reforms and protections against gambling-related corruption, all designed to keep sport safe, fair and inclusive.

Law reform has strengthened the reputation and integrity of Australian sport, improved participant safety and promoted broader inclusion.

However, challenges remain. Laws can be slow to change, enforcement can be uneven and cultural attitudes within some sporting communities may take longer to shift than the rules themselves.

Multiple-choice questions 1. Which of the following best describes why changing social values are important in law reform within sport?

A. They influence what behaviours are acceptable in sport and prompt updates to rules and policies to reflect modern expectations.

B. They ensure that only elite athletes are recognised and rewarded.

C. They reduce the need for legal intervention in sporting disputes.

D. They promote stricter penalties for minor infractions regardless of context.

2. Which of the following responses best explains why law reform in sport is important in Australia?

A. It ensures that sporting organisations maximise profits and commercial interests.

B. It maintains the relevance of sport by addressing changes in society, promoting inclusion, safety and equality.

C. It focuses primarily on the interests of elite athletes and ignores community-level sport.

D. It only responds to international governing bodies without considering local needs.

3. What is the primary function of public inquiries into sport?

A. To organise sporting events and competitions B. To investigate systemic issues and make recommendations for improving governance and integrity in sport C. To enforce criminal penalties for match-fixing D. To provide funding for elite athletes 4. How has law reform contributed to fostering greater inclusivity and equality within Australian sport?

A. By introducing stricter penalties for on-field misconduct only B. By focusing exclusively on the commercial interests of sporting codes C. By removing all regulations for community sports clubs D. By implementing anti-discrimination laws and codes of conduct that break down barriers related to gender, disability and cultural background 5. Which of the following best describes the legislative process in relation to law reform in Australian sport?

A. Parliament creates and enforces by-laws for all sporting organisations without public debate.

B. Parliament introduces Bills, debates, passes new legislation, and can amend or repeal existing laws, ensuring transparency and formal adoption.

C. Sporting organisations independently change laws governing athlete eligibility and safety standards without statutory instruments or legislation.

D. Law reform in sport is only achieved through judicial decisions and private organisation policies.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 13: Changing the law: Sport

Short-answer questions 1. Explain how public opinion can influence legal reform in Australian sport. Provide an example to support your answer.

2. Outline why it is important to amend existing or outdated laws in the context of Australian sport, providing one example to support your response.

3. Discuss two ways in which law reform has improved inclusivity and equality in Australian sport and outline one limitation of relying on law reform alone to address challenges in the sporting context.

4. What are the main steps involved in the legislative process for changing laws related to sport in Australia, and why is this process important?

Extended-response question Discuss the importance of law reform in maintaining the relevance and inclusivity of sport in Australian society. In your answer, refer to legislative changes and its impact upon participation and equality within sport.

Marking criteria for extended response questions can be found in the Interactive Textbook.

Refer to these criteria when planning and writing your responses.

Video 13.6.1 Answering an exam question

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

27

28

17 CHAPTER

Aboriginal and Torres Strait Islander Peoples READER ADVICE •

Teachers are advised to consider their student cohort when deciding whether to choose this topic, as some sections are culturally unsafe for Aboriginal and Torres Strait Islander students.

•

This chapter contains information about colonial violence that may be traumatising to Aboriginal and Torres Strait Islander students. The chapter also contains historical material that includes racist ideas, practices and/or terminology.

Enhance your learning with these integrated online resources: Digital workbook

• • •

Suggested responses Download or answer questions online Writing focus worksheets

Videos

• • •

Chapter tests and custom exam creation Writing focus workbook Planning documents

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

29

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: •

define what is meant by Aboriginal and Torres Strait Islander Peoples

•

describe how Aboriginal and Torres Strait Islander Peoples are culturally diverse

•

describe the reasons Aboriginal and Torres Strait Islander people may need protection under the law

•

describe the reasons for which Aboriginal and Torres Strait Islander people encounter the legal system

•

explain the issues Aboriginal and Torres Strait Islander people experience when they have contact with the law

•

outline the international and domestic legal protections for Aboriginal and Torres Strait Islander people

•

describe the functions of authorities that advocate for and protect the rights of Aboriginal and Torres Strait Islander people

•

describe how Aboriginal and Torres Strait Islander people encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods

•

describe alternative approaches to justice available to Aboriginal and Torres Strait Islander people

•

identify non-government organisations that represent the interests of Aboriginal and Torres Strait Islander people

•

describe the roles non-government organisations fulfil

•

analyse the indicators used to measure the success of achieving justice for Aboriginal and Torres Strait Islander people

•

analyse the barriers that prevent Aboriginal and Torres Strait Islander people from achieving justice within the legal system.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

30

RELEVANT LAW IMPORTANT LEGISLATION Aborigines Protection Act 1909 (NSW) Nationality and Citizenship Act 1948 (Cth) Commonwealth Electoral Act 1918 (Cth) Constitutional Alteration (Aboriginals) 1967 (Cth) Northern Territory National Emergency Response Act 2007 (Cth) (repealed) Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (Cth) Stronger Futures in the Northern Territory Act 2012 (Cth) Racial Discrimination Act 1975 (Cth) Racial Hatred Act 1995 (Cth) Anti-Discrimination Act 1977 (NSW) Aboriginal Land Rights Act 1983 (NSW) Native Title Act 1993 (Cth) Native Title Amendment Act 1998 (Cth) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Commonwealth of Australia Constitution Act 1900 (UK) Australian Human Rights Commission Act 1986 (Cth) Migration Act 1958 (Cth) Land and Environment Court Act 1979 (NSW) Aboriginal Land Rights Amendment Act 2014 (NSW) Criminal Procedure Regulation 2017 (NSW) Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic) Statewide Treaty Act 2025 (Vic) Path to Treaty Act 2023 (Qld) (repealed) Fauna Conservation Act 1974 (Qld) National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026 (Cth) RELEVANT INTERNATIONAL INSTRUMENTS

International Covenant on Civil and Political Rights (1966) United Nations Declaration on the Rights of Indigenous Peoples (2007) United Nations Convention on the Prevention and Punishment of the Crime of Genocide (1948) Universal Declaration of Human Rights (1948) International Convention on the Elimination of All Forms of Racial Discrimination (1965) First Optional Protocol to the International Covenant on Civil and Political Rights (1966) Charter of the United Nations (1945) SIGNIFICANT CASES Mabo v Queensland (No 1) [1988] HCA 69 Koowarta v Bjelke-Petersen [1982] HCA 27 McMahon v Bowman [2000] FMCA 3 Mabo v Queensland (No 2) [1992] HCA 23 (‘Mabo case’) Wik Peoples v Queensland [1996] HCA 40 (‘Pastoral leases case’) Billy et al v Australia (3624/2019) Love v Commonwealth of Australia [2020] HCA 3 R v Williams (1976) 14 SASR 1 Yanner v Eaton (1999) 201 CLR 351 Commonwealth v Yarmirr (2001) 208 CLR 1 Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604 Northern Territory v Griffiths [2019] HCA 7 Stuart v South Australia [2025] HCA 12 La Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd [2025] HCA 32 Fejo v Northern Territory (1998) 195 CLR 96 Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58

International Covenant on Economic, Social and Cultural Rights (1966)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

31

17.1 Introduction LEARNING OBJECTIVES 17.1 DEFINE what is meant by Aboriginal and Torres Strait Islander Peoples video widget reporting DESCRIBE how Aboriginal and Torres Strait Islander Peoples are culturally diverse.

note taking

scorcher

Aboriginal and Torres Strait Islander Peoples are the First Peoples of Australia, having lived on the continent for over 65,000 years and representing the oldest living cultures in the world.

Australia’s Indigenous population encompasses Aboriginal Peoples and Torres Strait Islander Peoples. Aboriginal Peoples belong to diverse nations and language groups quiz questions download word across mainland Australia and Tasmania, with strong spiritual, social, cultural and economic connections to lands and waters. Torres Strait Islander Peoples are the Traditional Owners of the Torres Strait Islands, located between Cape York Peninsula and Papua New Guinea. Their cultures, languages and governance systems are distinct from those of Aboriginal Peoples and reflect long-standing connections to sea Country, kinship networks, maritime trade and Islander customary law.

download pdf

Cultural diversity of Aboriginal and Torres Strait Islander Peoples Before colonisation, more than 250 Aboriginal and Torres Strait Islander languages and over 600 dialects were spoken across Australia. Aboriginal and Torres Strait Islander Peoples are diverse both between and within nations, with local groups maintaining their own cultural practices and ways of life. It is important to recognise this diversity and complexity, as cultural protocols and traditions can reporting differ between video widget Indigenous communities.

Writing focus 17.1 Question words note taking

The AIATSIS Map of Indigenous Australia, which you can see in Chapter 2, page 32, depicts this diversity, showing the hundreds of distinct language groups and nations that existed – and continue to exist – across Australia. These groups maintained sophisticated cultural practices, governance systems, and relationships between groups for tens of thousands of years prior to British colonisation in 1788. quiz Terminology and identity

questions

download word

Identity is self-determined by individuals and their communities, and some people may identify as Aboriginal, Torres Strait Islander, or both. The language used to describe Indigenous identity in Australia is significant, as it reflects histories of recognition, respect and self-determination.

self-determination download pdf the right of people to determine their political status or how they will be governed based on territory or national grouping, as well as the right to pursue their own economic, social and cultural development

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

32

Cambridge Legal Studies Stage 6 Year 11

Increasingly, the term First Nations Peoples is preferred by many people, as its acknowledges the distinct nations that existed across the continent prior to colonisation and respects the ongoing sovereignty and identity of those nations.

Always seek guidance from individuals and communities about their preferred forms of identification, as some may choose to be identified by their nation or clan affiliation.

As a result of this diversity, the ways in which the legal system interacts with Aboriginal and Torres Strait Islander Peoples are varied, and experiences differ between individuals, families and communities. In this case study, you will examine how British and Australian legal systems were imposed on Aboriginal and Torres Strait Islander Peoples, how those systems continue to interact with Aboriginal and Torres Strait Islander communities today, and the extent to which justice is achieved for Aboriginal and Torres Strait Islander individuals, groups and communities.

Government definition of Aboriginal and Torres Strait Islander Peoples In 1981, the then Australian Government Department of Aboriginal Affairs developed a definition used by government agencies when determining eligibility for programs and services for Aboriginal or Torres Strait Islander people.

An Aboriginal or Torres Strait Islander person is a person who: • is of Aboriginal or Torres Strait Islander descent • identifies as an Aboriginal or Torres Strait Islander person • is accepted as such by the community in which he or she lives.

Department of Aboriginal Affairs, 1981, Report on a Review of the Administration of the Working Definition of Aboriginal and Torres Strait Islanders, Commonwealth of Australia, Canberra.

REVIEW 17.1 Online quiz

Review questions

Access sample responses and results

Review 17.1 questions 1.

2.

3.

4.

Define Aboriginal and/or Torres Strait Islander Peoples.

Describe how Aboriginal and/or Torres Strait Islander Peoples are culturally diverse.

Explain how the AIATSIS Map of Indigenous Australia shows the diversity of Aboriginal Peoples across Australia.

Explain why using respectful and preferred terminology, and consulting with Aboriginal and/or Torres Strait Islander Peoples, is important.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

33

THE NATURE OF THE EXPERIENCE 17.2 The need for protection under the law LEARNING OBJECTIVES 17.2 video

widget

reporting

DESCRIBE the reasons Aboriginal and Torres Strait Islander people may need protection under the law.

Government policy Since colonisation, Aboriginal and Torres Strait Islander people have been treated unequally, inequitably and unfairly. Colonisation brought dispossession of land and dislocation from Country, families and community. British colonisers did not recognise the long-standing quiz custodianship ofquestions First Nations Peoples.download Their systems word of land ownership differed from European legal concepts, leading to the land being wrongly declared terra nullius, a legal doctrine that treated the land as belonging to no one. This doctrine provided legal justification for seizing land, with immediate and lasting consequences for Aboriginal and Torres Strait Islander communities.

A range of government policies as well as laws in relation to First Nations Peoples have been in place since 1788 (see Table 17.2.1). Many of these laws and policies were discriminatory, and public attitudes often reflected and encouraged that discrimination. This was racism, expressed between individuals and embedded in institutions. Its impacts continue to affect many Aboriginal and Torres Strait Islander peoples today.

When considering the laws and their outcomes, as outlined in Table 17.2.1, we can see that the term “protection” had a very different meaning in the eyes of colonial and past Australian law than it does today.

Writing focus 17.2 Conjunctions note taking – (subordinating reasons why)

colonisation the establishment of settlement and control in a foreign territory, as in “the British colonisation of Australia” dispossession the download pdf removal or expulsion of people from their traditional lands terra nullius (Latin) “land belonging to no-one”; the idea and legal concept that when the first Europeans came to Australia, the land was owned by no-one and was therefore open to settlement; this concept has been judged to be legally invalid martial law law enforced by the military over civilian affairs; overrides civilian law

Table 17.2.1 Laws, policies and constitutional recognition processes affecting First Nations people Policy, law or process

Effect

Dispossession/dispersal (1788–1800s) Since First Nations people were not recognised as citizens, violence against them was rarely prosecuted and was often tolerated by colonial authorities. The general belief was that First Nations people would eventually “die out”.

Martial law in New South Wales (1816) Martial law in Tasmania (1828)

Massive reduction in First Nations population.

First Nations Peoples’ traditional areas were converted to farming lands. First Nations people could be shot on sight if armed with spears, or even if they were unarmed and within a certain distance of houses or settlements. Settlers were authorised to shoot First Nations people.

Protection (1869–1909) Aborigines Protection Act 1909 (NSW)

This Act gave wide powers to the Board for the Protection of Aborigines, which governed where First Nations people could live and work, what jobs they could do, and who they could marry and associate with.

The powers of the board under this Act were similarly wide and included the power to remove children from homes to be placed in missions. This was the beginning of the Stolen Generations.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

34

Cambridge Legal Studies Stage 6 Year 11

Policy, law or process

Effect

Assimilation and integration (1900–1972) A policy shift sought to suppress First Nations language, culture, artefacts and traditions, and require conformity to European norms.

Enforced through law and government control, these policies caused lasting harm and were met with resistance and cultural survival.

Nationality and Citizenship Act 1948 (Cth)

First Nations people became Australian citizens, along with everyone else, but not all states gave them full rights (e.g. the right to vote in Commonwealth elections).

In the 1940s “exemption certificates” or “citizenship certificates” were given to some First Nations people by some states.

Effectively, these certificates meant the holders were “not Aboriginal”.

The certificates had strict conditions (e.g. certificate holders had to live a “European lifestyle”) and could be revoked without warning.

1962 amendments to the Commonwealth Electoral Act 1918 (Cth)

The 1962 amendments gave the right to vote in Commonwealth elections to all First Nations people in states that had not already provided this right.

Australian Constitution Constitutional Alteration (Aboriginals) Act 1967 (Cth) amended the Commonwealth of Australia Constitution Act 1900 (UK)

The phrase “other than the Aboriginal race in any State” was removed from section 51(xxvi) of the Australian Constitution, giving the Commonwealth Parliament concurrent power with the states to make special laws with respect to First Nations Peoples. Section 127 – which provide that First Nations people were not counted as part of the population for census purposes – was deleted.

Self-determination (1972 onwards) Self-determination is recognised in international law through the International Covenant on Economic, Social and Cultural Rights (1966) and the International Covenant on Civil and Political Rights (1966) and is further affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (2007).

The policy of self-determination recognised that Aboriginal and Torres Strait Islander people should be involved in decisions affecting their communities. It supported the development of land rights legislation and community-controlled organisations.

Reconciliation (1991 onwards) Reconciliation

Reconciliation refers to national efforts to improve relationships between Aboriginal and Torres Strait Islander people and the wider Australian community. It includes recognition initiatives and strategies aimed at addressing disadvantage and supporting improved outcomes.

“Practical Reconciliation” (1996 – 2007)

The Howard Government shifted the focus of reconciliation policy away from rights-based recognition toward improving social and economic outcomes through service delivery. During this period the Aboriginal and Torres Strait Islander Commission (ATSIC) was abolished (2005), and the Northern Territory National Emergency Response Act 2007 (Cth) (repealed) introduced increased federal control over some Aboriginal and Torres Strait Islander communities.

Northern Territory National Emergency Response Act 2007 (Cth) (repealed)

National Apology to the Stolen Generations (2008)

The Australian Government formally apologised to members of the Stolen Generations. The apology marked a renewed commitment to reconciliation and coincided with the introduction of the Closing the Gap strategy to address disadvantage experienced by Aboriginal and Torres Strait Islander people.

Closing the Gap framework (2008–2019)

An Australian Government strategy that aimed to reduce disadvantage among Aboriginal and Torres Strait Islander people. It was based on seven targets, and the Department of the Prime Minister and Cabinet produced annual reports analysing progress against these targets.

Expert Panel on Constitutional Recognition of Indigenous Australians (2012)

The final report recommended that the Australian Constitution be amended to recognise Aboriginal and Torres Strait Islander Peoples and remove discriminatory provisions such as sections 25 and 51(xxvi), providing a framework for future constitutional reform and a possible referendum on recognition.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

35

Policy, law or process

Effect

Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (Cth)

This Act recognised Aboriginal and Torres Strait Islander Peoples as the First Peoples of Australia in Commonwealth legislation and affirmed Parliament’s commitment to pursuing constitutional recognition through a future referendum. Although a referendum did not occur during the life of the Act, it contributed to ongoing national momentum toward constitutional recognition.

Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples (2015)

Recommended that a referendum on constitutional recognition be held at an appropriate time and proposed repealing sections 25 and 51(xxvi) and inserting a new provision recognising Aboriginal and Torres Strait Islander Peoples and prohibiting racial discrimination.

Referendum Council (2017)

Established by the Australian Government to advise on options for constitutional recognition of Aboriginal and Torres Strait Islander Peoples. Following national consultations with First Nations communities, it recommended constitutional recognition through an Aboriginal and Torres Strait Islander Voice to Parliament and supported the development of the Uluru Statement from the Heart as a framework for reform.

Uluru Statement from the Heart (2017)

A statement written and endorsed by the First Nations delegates to the First Nations National Constitutional Convention. It proposed three key elements – Voice, Treaty and Truth – aimed at improving justice, recognition and participation for First Nations Peoples. The Statement called for an Indigenous Voice to Parliament, a process of treaty-making between governments and First Nations Peoples, and a national truth-telling process to develop a shared understanding of Australia’s colonial history and the injustices experienced by First Nations Peoples.

Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples (2018)

Established by the Australian Parliament to examine options for constitutional recognition following the Uluru Statement from the Heart (2017). The Committee’s final report considered possible pathways for reform, including proposals for an Aboriginal and Torres Strait Islander Voice to Parliament.

Closing the Gap framework (2020–2031)

In 2020, a new National Agreement was signed, with a revised framework and 19 national socio-economic targets across 17 outcome areas. These include life expectancy; education (including early childhood education); employment; housing; health; criminal justice (not being over-represented in the criminal justice or child protection systems); social and emotional wellbeing; and cultural, spiritual, physical and economic relationship with their lands and waters; cultures and languages; and access to information and services. The Agreement is supported by four Priority Reforms, which focus on strengthening shared decision-making, building the Aboriginal and Torres Strait Islander community-controlled sector, transforming government organisations, and improving access to and use of data and information. Reports on these targets are issued annually by the Productivity Commission.

2023 referendum to amend the Australian Constitution

The referendum proposed to amend the Australian Constitution by inserting a new Chapter IX, including section 129, which would have established an Aboriginal and Torres Strait Islander Voice to advise Parliament and the Executive on matters relating to Aboriginal and Torres Strait Islander Peoples. The proposal was defeated, with 60.1 per cent voting No and 39.9 per cent voting Yes, and not achieving a majority in any state.

Although the referendum to change the Constitution failed, it raised awareness of issues faced by Aboriginal and Torres Strait Islander people.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

36

Cambridge Legal Studies Stage 6 Year 11

Legal status The practice and doctrine of terra nullius meant that First Nations Peoples’ laws, land rights and sovereignty were not recognised under British law. In the first fifty years after colonisation, violence against First Nations people was rarely prosecuted, and government policies of dispossession and dispersal often overlooked or condoned such violence.

When Australia became a federation in 1901, Section 51 of the Constitution gave the Commonwealth Parliament power to make laws for people of any race, but Aboriginal and Torres Strait Islander peoples were specifically excluded from this power. As a result, Aboriginal affairs were largely managed by state governments, which interpreted and applied laws affecting First Nations people in different ways, often resulting in discriminatory and inconsistent treatment. First Nations people were also denied fundamental citizenship rights, including the right to vote, stand for election and access education.

Voting rights were progressively extended to Aboriginal and Torres Strait Islander people, including the right to vote in federal elections in 1962 and in all state elections by 1965. After the 1967 Referendum, the Commonwealth Parliament had concurrent power with the states to make laws for Aboriginal and Torres Strait Islander people, and the 1971 Census was the first to include First Nations Peoples in the official population count.

In 1972, the Whitlam government established the Department of Aboriginal Affairs, as the Referendum had given the federal government the power to make laws for First Nations Peoples.

Despite the Referendum, progress on the legal status of First Nations Peoples was slow: you saw in Chapter 12 gradual recognition of land rights in New South Wales and native title in Australia.

The history of government laws and policies outlined in this section shows how colonisation, dispossession and discriminatory laws created deep and ongoing inequality for Aboriginal and Torres Strait Islander people. These laws shaped key aspects of life, including land, culture, family and legal status, and explain why legal protections remain essential, and why Aboriginal and Torres Strait Islander people continue to encounter the legal system today.

REVIEW 17.2 Online quiz

Review questions

Access sample responses and results

Review 17.2 questions 1. Identify the main stages in state and federal laws and policies relating to Aboriginal and Torres Strait Islander Peoples.

Summarise each stage.

2. Explain the significance of the 1967 Referendum.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

37

17.3 Reasons for encountering the legal system LEARNING OBJECTIVES 17.3 DESCRIBE the reasons for which Aboriginal and Torres Strait Islander people encounter the legal system.

Understanding why Aboriginal and Torres Strait Islander people encounter the legal system requires reference to the historical context outlined earlier in this chapter.

Colonists did not recognise or understand Aboriginal and Torres Strait Islander lore and law. In disrupting Aboriginal and Torres Strait Islander governance structures, the imposition of colonial law contributed to dispossession and forced child removals.

These historical factors continue to shape the ways Aboriginal and Torres Strait Islander people experience the legal system today.

Aboriginal and Torres Strait Islander people continue to face significant barriers to exercising their rights on an equal basis with non-Indigenous Australians, contributing to ongoing social and economic inequality. This inequality can contribute to a greater likelihood of contact with the legal system in both criminal and civil matters, including interactions with police, courts and tribunals. It also helps explain why Aboriginal and Torres Strait Islander people may engage with the legal system to pursue land rights and native title claims, or to seek remedies for racial discrimination under the Racial Discrimination Act 1975 (Cth).

lore the rules, values and knowledge systems developed by First Nations Peoples that guide behaviour, relationships, responsibilities, land and spirituality; these are passed down through culture, stories and ceremonies law the systems of rules and authority developed

by First Nations Peoples that govern behaviour, resolve disputes and regulate relationships with people, land and Country, which existed long before colonisation

The Royal Commission into Aboriginal Deaths in Custody (1987-1991) identified a clear link between the historical treatment of Aboriginal and Torres Strait Islander Peoples and continuing inequality, highlighting the importance of considering these factors when analysing legal outcomes.

Commissioner Elliott Johnston QC stated: … the consequence of the history of Aboriginal people (since European settlement) is the partial destruction of Aboriginal culture and a large part of the Aboriginal population and also disadvantage and inequality of Aboriginal people in all the areas of social life where comparison is possible between Aboriginal and non-Aboriginal people.

Elliott Johnston QC, Royal Commission into Aboriginal Deaths in Custody National Report, 1991.

There are a number of key areas of disadvantage and marginalisation that can increase the likelihood of Aboriginal and Torres Strait Islander people encountering the legal system in both criminal and civil matters.

Figure 17.3.1 Justice J. Muirhead, the royal commissioner for the Royal Commission into Aboriginal Deaths in Custody, 12 November 1987

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

eporting

nload word

38

Cambridge Legal Studies Stage 6 Year 11

Health Aboriginal and Torres Strait Islander Peoples’ life expectancy at birth for the period 2020–2022 was: Writing focus 17.3 Noun phrases note taking (identify)

• males: 71.9 years (compared with 81.1 years for Australian males overall) • females: 75.6 years (compared with 85.1 years for Australian females overall). scorcher

Aboriginal and Torres Strait Islander people experience higher rates of some chronic health conditions, which can contribute to long-term health challenges and affect quality of life over time. These include diabetes, high cholesterol, asthma, hearing conditions and vision loss.

In addition, recent reports from the Australian Bureau of Statistics (ABS), the Australian Institute of Health and Welfare (AIHW) and the Productivity Commission show Aboriginal and Torres Strait Islander people continue to experience significantly poorer mental health outcomes than non-Indigenous Australians.

download pdf

Poor health can influence the ways in which Aboriginal and Torres Strait Islander people encounter the legal system. It can make it harder to maintain stable housing or employment and to access everyday services. These pressures may increase reliance on social services or income support and, where children are involved, may lead to contact with child protection authorities. If a person’s health prevents them from meeting legal obligations, such as attending court, this may result in missed hearings, fines or further legal intervention.

Figure 17.3.2 Royal Flying Doctor Service facilities in the Northern Territory. Geographic isolation and limited access to health services can contribute to poorer health outcomes for First Nations Peoples living in remote communities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

Education According to the Closing the Gap Report 2025, progress has been made in some areas of education, particularly in early childhood learning. Enrolment in Year Before Fulltime Schooling is high, with 94.2 per cent of Aboriginal and Torres Strait Islander children enrolled.

As students move through the education system, however, many young Aboriginal and Torres Strait Islander people face increasing challenges that can affect attendance, engagement and retention. In Semester 1, 2024, the national attendance rate for Aboriginal and Torres Strait Islander students was 82.5 per cent, compared with 91.2 per cent for non-Indigenous students. NAPLAN data also shows that fewer Aboriginal and Torres Strait Islander students meet national minimum standards across some learning areas, with differences becoming more pronounced in the later years of schooling.

These patterns do not reflect a lack of ability or aspiration. Rather, they are shaped by broader social, economic and cultural pressures that can interrupt schooling over time. Lower attendance and retention can limit access to further education, training and employment opportunities, which in turn may increase vulnerability to disadvantage and later contact with the legal system. For this reason, education outcomes are one important factor in understanding why Aboriginal and Torres Strait Islander people may encounter legal processes more frequently.

Employment According to the Closing the Gap Report 2025, access to employment opportunities varies significantly for Aboriginal and Torres Strait Islander people across Australia.

Employment rates are generally higher in major cities, where job opportunities and services are more accessible, and lower in very remote areas, where limited infrastructure, fewer local jobs and reduced access to education and training can restrict employment options.

Many young Aboriginal and Torres Strait Islander people are engaged in work, education or training, and participation has increased in recent years. However, some continue to face barriers that affect sustained engagement as they move into adulthood. Where stable employment is difficult to secure, financial pressure can increase reliance on income support or other services and place housing at risk. These circumstances may also contribute to contact with legal processes, such as tenancy disputes, fines, welfare‑related matters or interactions with police. Employment outcomes are therefore one factor that can help explain why Aboriginal and Torres Strait Islander people may encounter the legal system across a range of issues.

Care and protection of children Aboriginal and Torres Strait Islander children are significantly over-represented in out-of-home care. In June 2024, Aboriginal and Torres Strait Islander children were 10 times more likely than non-Indigenous children to be in out-of-home care, with a rate of 50.3 per 1,000 children compared to 4.6 per 1,000. National data indicates that approximately 20,000 Aboriginal and Torres Strait Islander children were living in out-of-home care at that time.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

39

40

Cambridge Legal Studies Stage 6 Year 11

Contact with child protection systems often involves court proceedings and can result in ongoing interaction with other parts of the legal system, including youth justice, family law and social services. The Productivity Commission has identified a link between out-of-home care, youth justice involvement and later adult incarceration, highlighting the long-term legal consequences that can be associated with child removal and contact with the child protection system.

Government responses to child protection concerns have, at times, increased contact between Aboriginal families and the legal system. One example is the Northern Territory National Emergency Response Act 2007 (Cth) (repealed), which expanded government oversight of Aboriginal communities through increased policing, compulsory income management and controls over land access. Although introduced as a protective measure, the intervention was widely criticised for limited consultation with Aboriginal communities and for suspending parts of the Racial Discrimination Act 1975 (Cth). Many of its measures continued in modified form under the Stronger Futures in the Northern Territory Act 2012 (Cth).

For further information about the Northern Territory National Emergency Response Act 2007 (Cth) (repealed), commonly referred to as the “Northern Territory intervention”, read the article “10 impacts of the NT Intervention” (Paddy Gibson, NITV, 21 June 2017) at https://cambridge.edu.au/redirect/12097.

Over-representation in the criminal justice system Aboriginal and Torres Strait Islander people experience significantly higher levels of contact with the criminal justice system than other Australians. National data shows that Indigenous adults are imprisoned at far higher rates than non-Indigenous adults. This pattern has persisted over time and reflects broader social, economic and historical pressures rather than individual behaviour alone. Aboriginal and Torres Strait Islander women and young people are particularly affected.

An AIHW report stated that: Of the 845 young people in detention on an average night aged 10 and over in the June quarter 2024, 3 in 5 (60%, or 509) were Aboriginal and Torres Strait Islander young people. Of the 722 young people aged 10–17 in detention during this period, about 2 in 3 (65%, or 471) were Aboriginal and Torres Strait Islander young people, yet Aboriginal and Torres Strait Islander young people made up just 6.6% of the Australian population aged 10–17.

Australian Institute of Health and Welfare, 2024, “Youth detention population in Australia 2024”, 13 December.

One factor contributing to over-representation in the criminal justice system is the high level of police contact experienced in some First Nations communities.

Although First Nations people make up 3.4 per cent of the total population of New South Wales, data from the NSW Bureau of Crime Statistics and Research show they are disproportionately represented in policing activities. In 2023–24, First Nations people accounted for 20 per cent of person searches, 18 per cent of strip searches, 20 per cent of move-on directions, 25 per cent of taser discharges and 44 per cent of bail compliance checks. Increased contact with police can increase the likelihood of

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

arrest and progression through the criminal justice system, contributing to ongoing disparities in justice outcomes.

The NSW Bureau of Crime Statistics and Research has introduced a Policing Activity Dashboard https://policingactivitytool.bocsar.nsw.gov.au/ that provides public access to data on the use of police powers and compliance activities.

Understanding patterns of legal contact The reasons Aboriginal and Torres Strait Islander people are disproportionately represented in the youth and adult justice systems are complex and interconnected.

Historical trauma, cultural dispossession and forced displacement have had lasting effects on families and communities, while ongoing social and economic disadvantage and unequal access to education, employment and services continue to shape everyday life.

Together, these factors help explain why Aboriginal and Torres Strait Islander people are more likely to encounter the legal system, including interactions with police, courts, bail and sentencing processes, and youth justice systems.

REVIEW 17.3 Online quiz

Review questions

Access sample responses and results

Review 17.3 questions 1. Identify two historical factors that help explain why Aboriginal and Torres Strait Islander people encounter the legal system at higher rates.

2. Discuss the reasons for the disadvantages experienced by Aboriginal and Torres Strait Islander people, as outlined by Commissioner Elliott Johnston QC. 3. Describe how employment disadvantage contributes to Aboriginal and Torres Strait Islander people encountering the legal system.

4. Describe how care and protection systems contribute to Aboriginal and Torres Strait Islander people encountering the legal system.

5. Explain the role of policing in Aboriginal and Torres Strait Islander people’s contact with the criminal justice system.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

41

42

eporting

scorcher

17.4 Issues arising from contact with the law LEARNING OBJECTIVES 17.4 download pdf

EXPLAIN the issues Aboriginal and Torres Strait Islander people experience when they have contact with the law.

Once Aboriginal and Torres Strait Islander people encounter the legal system, a range of issues can arise that affect how justice is experienced in practice. These issues relate to the way laws are enforced, decisions are made and legal processes operate and help explain why legal outcomes are not always fair or equitable for individuals and communities.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

nload word

eporting

Cambridge Legal Studies Stage 6 Year 11

note taking

nload word

Criminal justice system

Writing focus 17.4 Transitional note taking phrases

Once involved in the criminal justice system, Aboriginal and Torres Strait Islander people are more likely to be held on remand and remain over‑represented in deaths in custody statistics. The Royal Commission into Aboriginal Deaths in Custody identified a range of systemic factors contributing to these outcomes, many of which continue to operate today. Concerns have also been raised about practices such as scorcher racial profiling, which may contribute to higher rates of stopping, searching and charging.

Deaths in custody

download pdf

Deaths in custody remain a serious issue for Aboriginal and Torres Strait Islander people and raise ongoing concerns about safety, accountability and fairness within the criminal justice system. Deaths in custody occur within a broader pattern of disproportionate imprisonment. They highlight the importance of how laws are enforced and how police and correctional authorities exercise their powers, as well as whether legal processes adequately protect the rights and wellbeing of people once they are detained.

The 1987 Royal Commission into Aboriginal Deaths in Custody was established in response to the unacceptable number of Aboriginal and Torres Strait Islander deaths in police custody and jail. It delivered its final report in 1991 and made 339 recommendations. A key finding of the Royal Commission was that Aboriginal and Torres Strait Islander people did not die in custody at higher rates than nonIndigenous people once detained. Instead, the higher number of deaths reflected the disproportionate number of Aboriginal and Torres Strait Islander people taken into custody in the first place.

The Royal Commission emphasised that reducing deaths in custody requires reducing the number of Aboriginal and Torres Strait Islander people entering custody, particularly for low-level offences, through diversionary and community-based responses. While some reforms have been introduced, many recommendations have not been fully implemented, and deaths in custody continue to occur.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

43

In 1997, a 15-year-old boy died in juvenile custody in the Northern Territory. He had committed minor property offences and was held in custody rather than being placed in a diversionary program. This raised concerns about whether the Commission’s recommendations regarding diversionary responses for young offenders were being effectively implemented.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

This ongoing concern is reflected in recent national deaths-in-custody data. The Australian Institute of Criminology’s Deaths in custody in Australia 2024–25 report recorded 33 Aboriginal and Torres Strait Islander deaths in custody, the highest annual number since monitoring began in 1979–80. As of 1 July 2026, the Australian Institute of Criminology’s real-time dashboard had recorded 636 Aboriginal and Torres Strait Islander deaths in custody since the Royal Commission. This reinforces continuing concerns about accountability and the incomplete implementation of Royal Commission recommendations.

The Australian Institute of Criminology has monitored the extent and nature of deaths that have occurred in prison, police custody and youth detention in Australia since 1980 through its National Deaths in Custody Program. https:// cambridge.edu.au/redirect/12108

Recent reporting indicates that adult imprisonment rates for Aboriginal and Torres Strait Islander people remain high and are not declining in line with national targets. Similar patterns are evident at the state level. In New South Wales, Aboriginal adults made up 34.4 per cent of the adult prison population in March 2026, the highest proportion recorded.

Recidivism and re-offending

Figure 17.4.1 Dunghutti Elder Leetona Dungay (right) addresses the crowd during a rally against Black Deaths in Custody in July 2020 at The Domain, Sydney. The rally was organised to protest Aboriginal and Torres Strait Islander deaths in custody, in solidarity with the global Black Lives Matter movement. Leetona’s son died in Long Bay Prison Hospital after an incident in which he was restrained by correctional officers.

Rates of re-offending among Aboriginal and Torres Strait Islander people remain significantly higher than for non-Indigenous people. As of June 2025, 76 per cent of Aboriginal and Torres Strait Islander prisoners had previously been incarcerated, compared with about half of non-Indigenous prisoners. In 2022–23, a majority of Aboriginal and Torres Strait Islander young people under youth justice supervision returned to sentenced supervision within 12 months. These patterns reflect a range of factors, including legal processes such as bail decisions, remand and sentencing, as well as limited access to support services, which can contribute to repeated contact with the justice system. High rates of re-offending highlight the need for culturally appropriate, community-based responses that address the underlying causes of legal involvement, rather than relying solely on imprisonment.

Forcible removal of children from their families

In his Social Justice Report (2000), Worimi academic and social justice activist Dr William Jonas emphasised the importance of documenting the impacts of the forcible removal of Aboriginal and Torres Strait Islander children from their families, which occurred as government policy in many jurisdictions until the early 1970s. In the 1990s, Aboriginal and Torres Strait Islander organisations and

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

44

Cambridge Legal Studies Stage 6 Year 11

communities began advocating for greater recognition of the experiences and needs of those affected, including access to appropriate support services. This led to the establishment of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families in May 1995.

There were four “terms of reference” for the inquiry, which included:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• trace the past and ongoing effects of the separation of Aboriginal and Torres Strait Islander children from their families • examine the laws, policies and practices offering services to these people, and identify where changes were needed, including assistance towards reuniting families • consider the principles involved in justifying compensation for affected individuals and communities • examine current laws, policies and practices involving the placement and care of Aboriginal and Torres Strait Islander children and consider the principle of self-determination when recommending changes.

The final report, Bringing them Home (1997), made a range of recommendations, including:

• compensation for the individuals and families affected, including reunion and counselling services • an apology from all organisations involved in this policy • the enacting of legislation ensuring that Australia abides by the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (1948). Article II of the Convention states that genocide includes the forcible transfer of children of a group to another group. It could therefore be argued that the forcible transfer of Aboriginal and Torres Strait Islander children raised serious concerns under the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (1948).

This history continues to shape how Aboriginal and Torres Strait Islander people experience child protection systems and contributes to the issues that arise when families encounter legal processes and government authorities.

Figure 17.4.2 To commemorate national Sorry Day, the Yarra council commissioned a tribute to the stolen generation and their familiesPress in the&Atherton Gardens, Fitzroy.et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 Uncorrected 3rd digital-only pages • Cambridge University Assessment © Milgate,

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

45

Land rights and native title

SA D I M GI PL T A E L C -O H N AP L Y TE R S

As discussed in Chapter 12, Aboriginal and Torres Strait Islander people continue to face legal and procedural barriers when pursuing land rights and native title.

These processes are often lengthy and complex, requiring detailed evidence and extended timeframes. The impacts of historical dispossession can make it difficult for communities to meet legal requirements, particularly where native title claims require evidence of an ongoing connection to land. Native title is extinguished where land has been granted as freehold, and land rights frameworks differ across states and territories, resulting in uneven opportunities for recognition across Australia.

RESEARCH 17.4.1

1. Research the recommendations of the Royal Commission into Aboriginal Deaths in Custody. What To what extent have these recommendations been effective in reducing Aboriginal and Torres Strait Islander deaths in custody and improving justice outcomes?

2. Research the incarceration rates of Aboriginal and Torres Strait Islander people over time and the number of deaths in custody. Discuss whether these figures have increased or decreased and evaluate the factors that may have contributed to this change.

REVIEW 17.4 Online quiz

Review questions

Access sample responses and results

Review 17.4 questions

1. Outline two factors that help explain why Aboriginal and Torres Strait Islander people are over-represented in the criminal justice system.

2. Explain the key finding of the Royal Commission into Aboriginal Deaths in Custody (1991).

3. Describe one ongoing concern relating to deaths in custody.

4. Explain how the Bringing them Home (1997) report addressed the forcible removal of Aboriginal and Torres Strait Islander children from their families.

5. Explain why land rights and native title claims can be difficult for Aboriginal and Torres Strait Islander people to establish.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

ACCESS TO JUSTICE 17.5 Protection under the law LEARNING OBJECTIVES 17.5

nload word

eporting

Cambridge Legal Studies Stage 6 Year 11

OUTLINE the international and domestic legal protections for Aboriginal and Torres Strait Islander people.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

eporting

46

nload word

note taking

collective right a right belonging to a group or a people, as opposed to an individual right

download pdf

scorcher

Aboriginal and Torres Strait Islander people possess rights that are both individual and collective in nature. Individual rights are held by each person and include equality before the law, freedom from discrimination, liberty, due process and the right to a fair trial. In contrast, collective rights are held by peoples or groups and relate to culture, identity, land, language and community. Central to these collective rights is the right to self-determination, which recognises the freedom of Aboriginal and Torres Strait Islander Peoples to determine their political status and pursue their economic, social and cultural development.

Domestic law

legislation an Act of parliament which is a law

Domestic law provides the primary framework for protecting the rights of Aboriginal and Torres Strait Islander Peoples within Australia. Legislation enacted by parliaments, landmark decisions of the High Court of Australia, and provisions of the Australian Constitution establish how these rights are protected and upheld, influencing the extent to which Aboriginal and Torres Strait Islander Peoples can access justice.

Legislation

Writing focus 17.5 Transitional note taking phrases

Several key statutes provide important protections and recognise the rights of Aboriginal and Torres Strait Islander Peoples. scorcher Racial discrimination

The Racial Discrimination Act 1975 (Cth) is one of Australia’s strongest legislative protections against racial discrimination. It gives effect to Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and makes it unlawful to treat a person less favourably because of their race, colour, descent or national or ethnic origin.

download pdf

The significance of the Racial Discrimination Act 1975 (Cth) is illustrated in Mabo v Queensland (No 1) [1988] HCA 69, where the High Court held that Queensland legislation attempting to extinguish native title without compensation was inconsistent with the Act and therefore invalid. This decision confirmed that state laws cannot lawfully deny Aboriginal and Torres Strait Islander people’s equality before the law, reinforcing the Racial Discrimination Act 1975 (Cth) as a critical safeguard against racially discriminatory legislation.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

47

The significance of the Racial Discrimination Act 1975 (Cth) was also confirmed in Koowarta v Bjelke-Petersen [1982] HCA 27 where the High Court upheld the validity of the Act and reinforced its role in preventing racially discriminatory state action.

IN COURT 17.5.1 Koowarta v Bjelke-Petersen [1982] HCA 27

SA D I M GI PL T A E L C -O H N AP L Y TE R S

John Koowarta, a Wik man from Cape York Peninsula, sought to purchase the Archer River pastoral lease on behalf of the Wik-Mungkan Peoples using funds from the Aboriginal Land Fund Commission. The Queensland Government, led by Premier Joh Bjelke-Petersen, refused to approve the purchase because it opposed transferring large areas of land to Aboriginal ownership. Koowarta argued that the refusal was inconsistent with the Racial Discrimination Act 1975 (Cth).

Key issues were: • •

Was the Racial Discrimination Act 1975 (Cth) constitutionally valid?

Could the Commonwealth rely on its external affairs power to implement its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (1965)?

The High Court upheld the validity of the Racial Discrimination Act 1975 (Cth) and confirmed that the Commonwealth could rely on the external affairs power to implement international human rights treaties. The decision prevented the Queensland Government from relying on racially discriminatory policies to block the proposed purchase of the land. However, the Queensland Premier Joh Bjelke-Petersen declared the area a national park, preventing the transfer from occurring. In 2010, part of the land was returned to the Wik-Mungkan Peoples as freehold title.

The continued operation of the Racial Discrimination Act 1975 (Cth) remains significant because it protects against discriminatory legislation and enables complaints to be made where unequal treatment occurs. In doing so, it plays an important role in supporting access to justice for Aboriginal and Torres Strait Islander Peoples.

Racial vilification

The Racial Discrimination Act 1975 (Cth) was amended in 1995 by the Racial Hatred Act 1995 (Cth) to address racial vilification. This amendment made certain public acts unlawful where they are reasonably likely to offend, insult, humiliate or intimidate a person or group because of their race, colour, or national or ethnic origin. These provisions operate under civil law and aim to balance two competing rights: the right to communicate freely and the right to live free from racial vilification.

While the Act makes certain public acts of racial vilification unlawful, it contains exceptions that protect particular forms of expression when they are carried out reasonably and in good faith, including:

racial vilification a public act based on the race, colour, national or ethnic origin of a person or group of people that is likely to offend, insult, humiliate or intimidate; types of behaviour can include racist graffiti, speeches, posters or abuse in public

• an artistic work (e.g. a book or a film in which a character expresses racist attitudes)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

48

Cambridge Legal Studies Stage 6 Year 11

affirmative action a policy designed to address past discrimination and thus improve the economic and educational opportunities of women and minority groups

• a publication, discussion or debate made for an academic, artistic or scientific purpose (e.g. a publication about policies on immigration, multiculturalism or affirmative action for migrants) • a fair and accurate report on a matter of public interest (e.g. a news story about a person behaving in a racially offensive manner) • a fair comment on a matter of public interest if it expresses the person’s genuine belief.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

These protections support access to justice by providing a legal pathway for individuals to challenge racial vilification and seek remedies for unlawful conduct.

A case that highlights the intent and application of this legislation is McMahon v Bowman [2000] FMCA 3. In this case, Bowman shouted racially abusive comments from his front verandah to his neighbour, McMahon, after he tried to retrieve his children’s ball from Bowman’s front yard. The court noted that the conduct occurred in public and could have been heard by passers-by and therefore fell within the scope of the Act. Bowman was ordered to pay $1500 in compensation, in addition to the complainant’s (McMahon’s) legal costs.

RESEARCH 17.5.1

Find three cases involving racial discrimination and/or racial vilification. Cases can be found on the websites of AntiDiscrimination NSW, the Australasian Legal Information Institute and Queensland Human Rights Commission.

1. For each case, describe the events of the case and explain how the complaint was dealt with, including the outcome.

2. Discuss the effectiveness of anti-discrimination and racial vilification laws in addressing racism.

discrimination the unjust treatment of a person or a particular group of people based on their race, sex, sexuality, marital status, disability and other factors

State and territory anti-discrimination statutes

While the Racial Discrimination Act 1975 (Cth) addresses racial discrimination at the federal level, each state and territory has its own anti-discrimination legislation offering broader protections. In New South Wales, the Anti-Discrimination Act 1977 (NSW) protects people from unfair treatment based on characteristics such as race, sex, sexuality, marital status, disability, religious belief and other factors.

Anti-Discrimination NSW, which was established under the Act, provides information about people’s rights and responsibilities under anti-discrimination laws and explains how they can prevent and deal with discrimination. Through education programs, complaint-handling processes and conciliation procedures, Anti-Discrimination NSW provides an accessible mechanism for individuals to respond to discriminatory treatment and seek legal remedies.

Land rights and native title protections

Aboriginal land and water rights in Australia are recognised and protected through two separate legal systems: state-based land rights legislation and the federal Native Title system.

Land rights legislation, such as the Aboriginal Land Rights Act 1983 (NSW), operates at the state level and applies only to certain Crown land within the NSW jurisdiction.

The Aboriginal Land Rights Act 1983 (NSW) set up a mechanism to provide redress for

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

49

the dispossession of Aboriginal land, acknowledging the profound historical impacts of colonisation.

In contrast, Native Title is governed by federal law under the Native Title Act 1993 (Cth) and applies nationwide across Australia. Native title recognises the traditional rights and interests of Aboriginal and Torres Strait Islander Peoples in land and waters where those rights have been maintained under traditional laws and customs and have not been extinguished by other land tenures.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

State land rights legislation and federal native title operate as complementary but distinct systems. Where native title cannot be recognised due to extinguishment – including land that has been converted to freehold title – or where claimants cannot meet the evidentiary requirements of proving continuous connection, state land rights frameworks may provide a more practical avenue for securing land.

The land and water rights movement was explored in greater detail in Chapter 12.

Court decisions

Aboriginal and Torres Strait Islander Peoples have used court action to regain rights to their traditional lands. Two High Court decisions – Mabo v Queensland (No 2) [1992] HCA 23 and Wik Peoples v Queensland [1996] HCA 40 – are central to the protection of native title rights and the pursuit of justice under domestic law. These two cases were discussed in detail in Chapter 12.

In Mabo v Queensland (No 2) [1992] HCA 23, the High Court recognised the existence of native title and rejected the doctrine of terra nullius, fundamentally transforming the legal landscape for Indigenous land rights. This decision marked a turning point in Australian law by acknowledging that Aboriginal and Torres Strait Islander Peoples’ connection to land existed prior to colonisation and survived British sovereignty.

The Native Title Amendment Act 1998 (Cth) recognised that native title could coexist with pastoral leases but restricted some native title rights and procedural protections, including the right to negotiate. This amendment and subsequent amendments are discussed in detail in Chapter 12 to establish a framework for recognising and protecting native title rights.

The High Court further clarified the scope of native title in Wik Peoples v Queensland [1996] HCA 40, confirming that native title rights can coexist with pastoral leases, although where a conflict arises, pastoral lease rights will prevail.

Constitutional protection

In Australia, Aboriginal and Torres Strait Islander Peoples do not have explicit constitutional protection of their rights. Some countries have an entrenched charter or bill of rights, but Australia relies primarily on legislation and

Figure 17.5.1 Gladys Tybingoompa dances outside the High Court in Canberra following the court decision in which the Wik people won native title over their land, 23 December 1996.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

50

Cambridge Legal Studies Stage 6 Year 11

court decisions rather than constitutional guarantees to protect Indigenous rights.

Australia also does not have a national treaty with Aboriginal and Torres Strait Islander Peoples, meaning that access to justice relies largely on statutory protections and judicial decisions rather than on guarantees contained in the Constitution.

One of the most significant attempts to improve access to justice for Aboriginal and Torres Strait Islander Peoples through constitutional change occurred with the 1967 Referendum.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The 1967 Referendum

Under section 51(xxvi) of the Australian Constitution, commonly known as the “race power”, the Commonwealth Parliament could make laws for people of any race except First Nations Peoples. Consequently, the laws regarding First Nations Peoples varied dramatically from state to state. In addition, section 127 excluded First Nations People from being counted in population figures, reinforcing their political and legal exclusion.

By the 1960s, growing public awareness and sustained activism highlighted the injustice of these constitutional provisions. On 27 May 1967, a national referendum was held to decide whether the two references in the Australian Constitution (ss 51(xxvi) and 127) that discriminated against First Nations Peoples should be removed. The referendum was passed with overwhelming public support, with 90.77 per cent of voters voting “Yes”, making it the most successful referendum in Australian history.

The referendum was widely regarded as a significant step towards recognition.

However, the constitutional changes themselves did not provide substantive equality or constitutional protection of rights. The Australian Constitution still permits Parliament to make laws based on race, meaning that Aboriginal and Torres Strait Islander Peoples do not have guaranteed constitutional protection against discrimination.

Developments towards constitutional recognition

Further efforts towards constitutional recognition of Aboriginal and Torres Strait Islander Peoples developed after the 2010 federal election, leading to a series of national processes including the Expert Panel on Constitutional Recognition of Indigenous Australians (2012), the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 (Cth), the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples (2015), the Referendum Council (2017) and the Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples (2018). These processes examined options for constitutional recognition and broader reform but did not result in constitutional protection of rights or the establishment of a national treaty.

Building on these earlier recognition processes, Aboriginal and Torres Strait Islander leaders issued the Uluru Statement from the Heart in 2017.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

51

CASE STUDY 17.5.1 Uluru Statement from the Heart

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In 2015, Malcolm Turnbull and Bill Shorten (then Prime Minister and Leader of the Opposition) appointed a Referendum Council to investigate and advise the government on steps towards providing constitutional recognition of First Nations Peoples. The Council, which included both First Nations and non-Indigenous members, spent six months engaging in regional dialogues with over 1200 First Nations Peoples’ representatives across the country. Coming out of this discussion, and subsequently adopted at the First Nations National Constitutional Convention at Uluru, was a consensus document: the Uluru Statement from the Heart.

In May 2017, a four-day First Nations National Constitutional Convention was held at Uluru.

The 250 delegates included 17 representatives from each of the 13 regional dialogues, together with members appointed by the Referendum Council. The delegates agreed to adopt the Uluru Statement from the Heart.

The Statement is addressed not to the Australian Parliament, but to the Australian people, asking them to allow First Nations Peoples to have a voice in the laws that are made about them.

There are three key elements proposed: • •

•

Voice – amend the Constitution to allow for a body of First Nations Traditional Owners to advise parliament on areas of policy that affect First Nations Peoples.

Treaty – formal recognition by government of First Nations sovereignty. The Statement uses the Yolngu word Makarrata, which is the concept of two parties addressing the divisions of the past, by acknowledging wrongdoing and aiming to make things right.

Truth – enabling a shared understanding of the colonial history of Australia, and the injustices experienced by First Nations Peoples.

The Voice Referendum

In October 2023, the federal parliament held a national referendum to determine whether a “Voice to Parliament” should be added to the Australian Constitution.

Referendum 2023 – Proposed change to the Australian Constitution

Chapter IX–Recognition of Aboriginal and Torres Strait Islander Peoples

129 Aboriginal and Torres Strait Islander Voice In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:

i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice; ii. the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples; iii. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.

The proposal did not meet the constitutional requirement of a double majority “majority of voters in a majority of states” (s 128), with 60.41 per cent of Australian voters voting “No”. The Australian Capital Territory was the only jurisdiction to return a “Yes” vote across Australia.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

52

Cambridge Legal Studies Stage 6 Year 11

The outcome of the referendum means that Aboriginal and Torres Strait Islander Peoples do not have a constitutionally guaranteed mechanism to provide advice on federal laws and policies that affect them. While advisory bodies may still be created through legislation, they remain vulnerable to amendment or repeal, reinforcing the limits of constitutional protection for Aboriginal and Torres Strait Islander Peoples and the implications this may have for access to justice.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSIS 17.5.1 Read the article “Why the Voice failed” (Kirstie Wellauer, Carly Williams and Bridget Brennan, ABC News, 16 October 2023) at the following link: http://cambridge.edu.au/redirect/10399.

1. What was the outcome of the Voice referendum?

2. Outline the reasons mentioned in the article for the failure of the referendum.

RESEARCH 17.5.2

1. Explain the significance of the landmark decision of Mabo v Queensland (No 2) [1992] HCA 23 for all Aboriginal and Torres Strait Islander Peoples and native title rights in Australia.

2. Research the Native Title Act 1993 (Cth). Explain how this Act protects Aboriginal and Torres Strait Islander Peoples and their native title claims.

3. Outline the reasons why the Wik people challenged the pastoral leases in Queensland (in Wik Peoples v Queensland [1996] HCA 40). To what extent does this challenge demonstrate the use of the Australian legal system by Aboriginal and Torres Strait Islander Peoples to pursue justice? Use evidence to justify your answer.

4. Search the internet to find out who Vincent Lingiari was. Why is he considered to be one of the first campaigners for land rights in Australia? You may wish to listen to the Paul Kelly and Kev Carmody song “From Little Things Big Things Grow”, which tells part of Vincent Lingiari’s story.

5. There are diverse views on the outcome of the Voice referendum. Search on the internet to find key arguments for and against.

International law

International human rights law provides standards that guide how Australia should protect the rights of Aboriginal and Torres Strait Islander Peoples. These standards operate alongside domestic law and establish international benchmarks for the recognition and protection of human rights.

International law is made up of legally binding treaties and non-binding instruments.

Legally binding treaties include both covenants and conventions, which create binding legal obligations for States that choose to ratify them, while declarations outline widely accepted principles and expectations about how human rights should be upheld without creating binding legal obligations.

International laws that create binding obligations are described as hard law and may include mechanisms that promote compliance. These obligations arise only when a nation-state chooses to ratify an international treaty, such as a covenant or convention. Ratification signals a State’s consent to be bound by the treaty under international law; however, ratification alone does not automatically make the treaty enforceable within the State’s domestic legal system. For international obligations

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

53

to have direct legal effect domestically, States must enact implementing legislation through their own parliaments. As a result, while international law establishes important standards, protections and rights for Aboriginal and Torres Strait Islander Peoples, its effectiveness depends largely on Australia’s political will to give those standards practical effect through legislation, policy and practice.

By contrast, soft international laws have no legally binding force and are designed to influence state behaviour by establishing standards, principles and expectations.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The most significant soft and hard international laws affecting Aboriginal and Torres Strait Islander Peoples are outlined in the pages that follow.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights, adopted by the United Nations on 10 December 1948, sets out fundamental rights and freedoms based on the inherent dignity and equality of all people.

Although the Universal Declaration of Human Rights is not a legally binding treaty, it serves as an important international benchmark and influences the development of later binding human rights treaties and domestic laws.

The principles expressed in the Universal Declaration of Human Rights are relevant to the experiences of Aboriginal and Torres Strait Islander people, particularly those relating to equality before the law, freedom from discrimination, the right to life and security, and the protection of culture, family and identity.

While the Universal Declaration of Human Rights itself cannot be enforced in Australian courts, its principles have shaped later international agreements and domestic legislation, including anti-discrimination laws such as the Racial Discrimination Act 1975 (Cth).

Figure 17.5.2 The Universal Declaration of Human Rights

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

54

Cambridge Legal Studies Stage 6 Year 11

International Bill of Human Rights

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Together with the Universal Declaration of Human Rights, two legally binding treaties – the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights – form what is known as the International Bill of Human Rights. These treaties give legal force to many of the principles set out in the Universal Declaration of Human Rights and establish binding obligations for countries that ratify them. Within this framework, the International Convention on the Elimination of All Forms of Racial Discrimination (1965) is particularly significant for Aboriginal and Torres Strait Islander Peoples.

INTERNATIONAL BILL OF HUMAN RIGHTS Universal Declaration of Human Rights

International Covenant on Civil and Political Rights and its protocols

International Covenant on Economic, Social and Cultural Rights

Figure 17.5.3 International Bill of Human Rights

International Convention on the Elimination of All Forms of Racial Discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination (1965) (ICERD) is a comprehensive human rights treaty that specifically addresses racial discrimination. As a hard law, it creates legally binding obligations on States to eliminate racial discrimination in all its forms and to promote understanding among all races.

The Convention is particularly significant for Aboriginal and Torres Strait Islander Peoples as it directly addresses the racial discrimination they have historically faced and continue to experience within the Australian legal system and broader society.

Australia ratified the ICERD in 1975 and enacted the Racial Discrimination Act 1975 (Cth) to give effect to many of its obligations through domestic law, demonstrating how international hard law can drive domestic legislative reform. However, significant challenges remain in practice. The suspension of the Racial Discrimination Act 1975 (Cth) during the 2007 Northern Territory Intervention was widely criticised as breaching ICERD obligations, and Australia continues to face international scrutiny over issues such as disproportionate incarceration, deaths in custody, child removals, land rights and native title recognition, access to justice and legal services, and systemic discrimination within the criminal justice system.

United Nations Declaration on the Rights of Indigenous Peoples

The United Nations Declaration on the Rights of Indigenous Peoples (2007) (UNDRIP) was adopted by the United Nations General Assembly on 13 September 2007. It establishes comprehensive standards for the protection of Indigenous peoples’ rights, setting out a universal framework of minimum standards aimed at supporting the survival, dignity and wellbeing of Indigenous peoples worldwide, including Aboriginal and Torres Strait Islander Peoples.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

55

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The UNDRIP is widely regarded as the most comprehensive international statement addressing the rights of Indigenous peoples, bringing together a broad range of protections within a single international framework. It clarifies how existing human rights principles and fundamental freedoms apply in the specific context of Indigenous peoples, particularly where general human rights protections have not adequately addressed Indigenous peoples’ experiences. The significance of the UNDRIP has been emphasised by Australian legal academic, writer and Indigenous rights advocate, Professor Larissa Behrendt, who states: The declaration is the most comprehensive statement of the rights of Indigenous peoples ever developed, giving prominence to collective rights to a degree unprecedented in international human rights law. The adoption of this instrument is the clearest indication yet that the international community is committing itself to protecting the individual and collective rights of Indigenous peoples.

Professor Larissa Behrendt, Indigenous Australia for Dummies, 2nd ed.

The declaration is particularly significant because Indigenous peoples themselves were actively involved in its development, including representatives of Aboriginal and Torres Strait Islander communities. This participation strengthened the UNDRIP’s focus on collective rights, lived experience and Indigenous perspectives, distinguishing the UNDRIP from earlier international human rights instruments.

The UNDRIP is distinctive in international human rights law because it gives explicit recognition to collective rights, acknowledging that Indigenous peoples hold rights not only as individuals but also as peoples, based on shared culture, identity, language and spiritual and cultural connections to Country.

Some of the key rights contained in the declaration include:

• the right to equality and freedom from discrimination (Articles 1 and 2) • the right to self-determination, including autonomy, self-government and participation in decision-making on matters affecting Indigenous peoples, through their chosen representatives (Articles 3, 4 and 18) • the right to maintain, protect and revitalise distinct cultures, languages, traditions and knowledge systems (cultural integrity) (Articles 8, 11–13) • the right to social, economic and cultural development, consistent with Indigenous peoples’ own priorities and ways of life (Articles 20, 21 and 23) • the right to maintain spiritual and cultural relationships with lands, waters, territories and resources (Article 25) • the right to own, use, develop and control traditionally owned or occupied lands, territories and resources (Articles 26–28) • the right to free, prior and informed consent, including consultation and cooperation before legislative, administrative or development decisions affecting Indigenous peoples (Articles 19 and 32) • the right of Indigenous peoples to define their own identity and membership, and to determine the structure and membership of their institutions (Article 33) • the right to the effective implementation of the declaration, including state cooperation and access to financial and technical support (Articles 38 and 39).

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Cambridge Legal Studies Stage 6 Year 11

Although the UNDRIP is not legally binding, it remains a significant international instrument that supports the recognition and protection of Indigenous peoples’ rights. As a form of soft law, it helps establish behavioural norms and international expectations, creating international standards and expectations against which nation-states’ conduct may be judged and influencing government action over time.

Only four countries initially voted against its adoption – Australia, Canada, New Zealand and the United States – and all have since endorsed the declaration, with Australia doing so in 2009. As a result, the UNDRIP continues to shape international expectations and inform advocacy, policy development and law reform relating to Aboriginal and Torres Strait Islander Peoples.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

56

ANALYSIS 17.5.2

View the Video 17.5.1 What is the Declaration on the Rights of Indigenous peoples?

1. Describe how the United Nations Declaration on the Rights of Indigenous Peoples (2007) recognises historical injustices experienced by Indigenous peoples.

2. Explain why the right to self-determination is described as a core principle of the Declaration.

3. Outline the legal protections for Indigenous peoples mentioned.

4. Outline two ongoing challenges affecting Indigenous peoples that the Declaration seeks to address.

5. Explain how the Declaration supports access to justice and protection under the law for Indigenous peoples.

REVIEW 17.5 Online quiz

Review questions

Access sample responses and results

Review 17.5 questions

1. Outline how the Racial Discrimination Act 1975 (Cth) protects Aboriginal and Torres Strait Islander Peoples from racial discrimination.

2. State the difference between land rights and native title. Assess why this distinction is important.

3. Identify the constitutional changes made by the 1967 Referendum and explain their significance for First Nations Peoples.

4. Identify one collective right recognised in the United Nations Declaration on the Rights of Indigenous Peoples (2007).

5. Explain how the outcome of the 2023 Voice referendum affected constitutional protection for Aboriginal and Torres Strait Islander Peoples.

6. Explain the difference between “soft” and “hard” international law in regard to protecting the rights of Aboriginal and Torres Strait Islander Peoples.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

video

widget

reporting

note taking

57 scorcher

17.6 Authorities that advocate for rights LEARNING OBJECTIVES 17.6 DESCRIBE the functions of authorities that advocate for and protect the rights of Aboriginal and Torres Strait Islander people. quiz

questions

download word

download pdf

SA D I M GI PL T A E L C -O H N AP L Y TE R S

A range of domestic and international authorities advocate for the rights of Aboriginal and Torres Strait Islander people. These bodies play a key role in monitoring government performance, addressing human rights concerns, providing legal support and ensuring that governments and institutions meet their legal obligations. Through these functions, they contribute to improved transparency, accountability and access to justice.

Domestic authorities

Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) is Australia’s national human rights body. The AHRC regularly draws attention of systemic issues affecting Aboriginal and Torres Strait Islander Peoples, including racial discrimination, policing practices, child removal, incarceration and unequal treatment. Through reporting and advocacy, the AHRC promotes compliance with widget both domestic law andreporting international video human rights standards.

Writing focus 17.6 Noun phrases note taking (identify and develop)

The AHRC also advocates for reform by gathering evidence from communities and recommending policy change. For example, its First Nations consultations to inform the National Anti-Racism Framework brought together Aboriginal and Torres Strait Islander perspectives on how racism is experienced across institutions, including the criminal justice system.

These consultations strengthened the AHRC’s recommendations by grounding quizwere used to support questions practical reforms them in lived experience and andword improve download government accountability for addressing racism. Overall, the AHRC functions as a key domestic advocate by documenting systemic harms and pressing governments and institutions to implement reforms that protect rights and improve outcomes.

download pdf

Aboriginal and Torres Strait Islander Social Justice Commissioner

The Aboriginal and Torres Strait Islander Social Justice Commissioner is a statutory position within the AHRC, established under the Australian Human Rights Commission Act 1986 (Cth). The role involves monitoring the enjoyment and exercise of human rights, conducting research and inquiries into systemic issues affecting Aboriginal and Torres Strait Islander communities, and advising governments and institutions on how laws and policies can better protect and realise Indigenous rights. Through community engagement, policy advocacy and public education, the Commissioner addresses issues such as over-representation in the criminal justice system, inequality in health and education outcomes, native title and self-determination.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

58

Cambridge Legal Studies Stage 6 Year 11

Recent statements by the current Commissioner reflect the continued emphasis on First Nations voices in shaping justice outcomes.

If we are going to improve the lives of First Nations Peoples, and if we are serious about reconciliation, healing, and unifying the nation, the voices of First Nations Peoples must be front and centre.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Katie Kiss, Aboriginal and Torres Strait Islander Social Justice Commissioner, Australian Human Rights Commission media release, April 2024

National Commission for Aboriginal and Torres Strait Islander Children and Young People

The National Commission for Aboriginal and Torres Strait Islander Children and Young People became a permanent statutory agency on 1 July 2026 under the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026 (Cth). The legislation also gave the National Commissioner formal powers to operate independently of the Australian Government. This was in response to longstanding concerns about systemic failures affecting Aboriginal and Torres Strait Islander children, particularly in child protection and youth justice systems.

The Commission has powers to conduct inquiries, undertake research, provide advice to the Commonwealth, undertake public advocacy and make recommendations that may be tabled in parliament. These powers are intended to strengthen independent oversight of government policies affecting First Nations children and young people.

Figure 17.6.1 The Australian Government appointed Sue-Anne Hunter as the first permanent National Commissioner for Aboriginal and Torres Strait Islander Children and Young People and established a permanent National Commission to strengthen oversight of outcomes for First Nations children.

Its role supports closer monitoring of whether governments are meeting commitments to improve outcomes and reduce overrepresentation in care and detention.

ANALYSIS 17.6.1

Read the article “National Commissioner for Indigenous children and youth: new powers will drive systemic change to improve kids’ lives” Jarred Cross, NIT, 25 March 2026) at the following link https://nit.com.au/25-03-2026/23390/ powers-in-place-for-systemic-change-and-improving-indigenous-kids-welbeing.

1. Identify one new power given to the National Commission for Aboriginal and Torres Strait Islander Children and Young People.

2. Explain how establishing the National Commission supports systemic change for Aboriginal and Torres Strait Islander children.

3. Identify one international human rights instrument that supports the work of the National Commission.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

59

Aboriginal Legal Service NSW/ACT

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The Aboriginal Legal Service (NSW/ACT) Limited (ALS) is an independent, Aboriginal community-controlled, non-government organisation that provides culturally safe legal services and advocacy to improve access to justice and equity for Aboriginal and Torres Strait Islander people across New South Wales and the Australian Capital Territory. The ALS first opened in Redfern in 1970 in response to systemic injustice and frequent contact between Aboriginal people and police and courts. Today, the ALS operates through multiple office locations across New South Wales and the Australian Capital Territory, supported by a hotline to connect clients with the nearest service.

The ALS is one of the main providers of legal assistance and advocacy for Aboriginal and Torres Strait Islander people in New South Wales and the Australian Capital Territory. Although the ALS receives Commonwealth and NSW/ACT government funding, it is not a government agency – it is independently governed as an Aboriginal community-controlled organisation.

The ALS provides legal aid services primarily in criminal and family law, including assistance with police interviews, bail applications, court appearances and sentencing.

It also assists in child protection and family law matters, particularly where Aboriginal children and families are involved. By representing clients at all stages of the legal process, the ALS supports fair treatment and equal protection under the law.

As an Aboriginal-controlled service, the ALS delivers culturally safe, community-led legal support. Aboriginal legal workers and solicitors help build trust, explain legal processes clearly, and support clients through complex and often intimidating court procedures.

This culturally safe approach helps reduce barriers that might otherwise prevent Aboriginal and Torres Strait Islander people from engaging with the justice system.

Community Legal Centres

Community Legal Centres (CLCs) in New South Wales are independent, nongovernment, not-for-profit organisations that provide free legal assistance to people who may experience barriers in accessing the legal system.

CLCs support Aboriginal and Torres Strait Islander people by providing legal advice, information and assistance primarily in non-criminal matters. For criminal law matters, Aboriginal and Torres Strait Islander people are generally referred to the ALS or Legal Aid NSW. In New South Wales, there are several Aboriginal-controlled CLCs, which are run by and for Aboriginal communities to ensure services are culturally safe and communityled. Examples of Aboriginal-controlled CLCs include: • Wirringa Baiya Aboriginal Women’s Legal Centre: a state-wide service supporting Aboriginal women and children • Warra Warra Legal Service: based in Broken Hill and servicing western NSW • Thiyama-li Family Violence Service: servicing communities including Walgett, Bourke and Moree.

These Aboriginal-controlled centres often employ Aboriginal staff and work closely with local communities to address specific legal needs. In addition to individual legal assistance, CLCs provide community legal education and advocate for law reform to address systemic issues that disproportionately affect Aboriginal and Torres Strait Islander people. Through these roles, CLCs help improve access to justice and promote fairness within the NSW legal system.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

60

Cambridge Legal Studies Stage 6 Year 11

Mudgin-Gal Aboriginal Women’s Centre Mudgin-Gal Aboriginal Women’s Centre, meaning “Women’s Place”, is an Aboriginal community-controlled organisation based in Redfern that was established by Aboriginal women to support one another and strengthen the wellbeing of their families and community. The centre provides culturally safe support, referrals and early-intervention programs, particularly for women experiencing domestic and family violence. It also delivers education programs and leadership opportunities that empower Aboriginal women and promote self-determination.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

As a community-led organisation grounded in culture, connection and trust, MudginGal helps Aboriginal women engage with legal and support services and navigate systems that may otherwise feel difficult to access. Through this work, it advocates for culturally appropriate responses to violence and disadvantage and contributes to improving access to justice for Aboriginal women and their families.

NSW Aboriginal Land Council

The NSW Aboriginal Land Council (NSWALC) is a statutory authority and the peak representative body within the Aboriginal land council system in New South Wales. It was established under the Aboriginal Land Rights Act 1983 (NSW).

The NSWALC is proactive in seeking cultural, social and economic independence for Aboriginal people by expressing Aboriginal perspectives on issues that affect them, particularly in relation to land, resources and development. Through this advocacy role, NSWALC represents Aboriginal interests in discussions with government and industry.

Some of the activities NSWALC may engage in include administering funds derived from mining royalties, acquiring land from the Crown, and making decisions about the use and management of Aboriginal land, including negotiating in relation to proposed mining activities. Through these functions, NSWALC acts as an important authority advocating for land rights, economic security and self-determination, contributing to improved access to justice for Aboriginal people in New South Wales.

Coalition of Peaks

The Coalition of Aboriginal and Torres Strait Islander Peak Organisations, commonly referred to as the Coalition of Peaks, is a national body that represents more than 80 Aboriginal and Torres Strait Islander community-controlled peak organisations across Australia. It acts as a key advocacy authority by representing the collective interests of Aboriginal and Torres Strait Islander people in policy development and decisionmaking processes.

The Coalition of Peaks plays a central role in advocating for self-determination and shared decision-making between governments and Aboriginal and Torres Strait Islander Peoples. It is a formal partner to all Australian governments under the National Agreement on Closing the Gap, which was signed in July 2020.

Through its advocacy role, the Coalition of Peaks ensures that Aboriginal and Torres Strait Islander voices are directly involved in shaping policies that affect their lives.

By holding governments accountable to agreed targets and reforms, the Coalition of Peaks plays an important role in promoting fairness, transparency and access to justice for Aboriginal and Torres Strait Islander Peoples.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

61

Productivity Commission The Productivity Commission is an independent government agency that monitors and reports on governments’ progress under the National Agreement on Closing the Gap.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Since 2021, the Productivity Commission has produced annual public reports assessing progress against the Closing the Gap targets and priority reforms. It also maintains the Closing the Gap Information Repository, which provides accessible data on outcomes across areas such as health, education, employment and justice: this is available at https://cambridge.edu.au/redirect/12110.

By independently monitoring performance and making data publicly available, the Productivity Commission strengthens transparency and accountability. This supports the advocacy work of Aboriginal and Torres Strait Islander organisations, including the Coalition of Peaks, by providing evidence to assess whether governments are meeting their commitments.

International authorities The United Nations

International authorities, particularly the United Nations, advocate for the rights of Aboriginal and Torres Strait Islander Peoples by monitoring Australia’s compliance with international human rights standards, issuing recommendations and applying external pressure on governments to address systemic injustice. Although these bodies cannot directly enforce their recommendations or findings, and complaints generally require domestic remedies to be exhausted first, they play an important role in international scrutiny, accountability and access to justice.

The United Nations Declaration on the Rights of Indigenous Peoples (2007) provides a comprehensive framework that specifically addresses the rights of Indigenous peoples.

On 26 November 2025, the UN General Assembly adopted a resolution proclaiming 5 September as the International Day of the World’s Indigenous Women and Girls. The resolution recognises the contributions of Indigenous women and girls to cultural preservation, environmental protection, health, and intergenerational knowledge transmission. It also emphasises the importance of empowerment, full and meaningful participation in decision-making, and the application of free, prior and informed consent.

Although not legally binding, resolutions and declarations such as these raise global awareness, reinforce international expectations, and encourage states, including Australia, to address gender-based inequality and barriers to justice faced by Indigenous women and girls.

Key United Nations bodies that advocate for Indigenous peoples, including Aboriginal and Torres Strait Islander Peoples, include: • Permanent Forum on Indigenous Issues – an important international platform through which Indigenous peoples can raise concerns, share experiences and advocate for the protection of their rights.

• Expert Mechanism on the Rights of Indigenous Peoples – a body whose central function is to provide thematic expertise on the rights of Indigenous peoples to the UN Human Rights Council.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Cambridge Legal Studies Stage 6 Year 11

• Special Rapporteur on the Rights of Indigenous Peoples – reports on the human rights situation of Indigenous peoples, including communicating alleged breaches of Indigenous peoples’ human rights, and promotes good practice to support the implementation of government programs designed to protect Indigenous rights.

• United Nations Human Rights Committee – a quasi-judicial body responsible for monitoring nation-state compliance with the International Covenant on Civil and Political Rights (1966). The Committee considers reports from nation-states and may also examine complaints brought by nation-states alleging breaches of the Covenant. Australia is a party to the First Optional Protocol to the International Covenant on Civil and Political Rights (1966), which allows individuals, including Aboriginal and Torres Strait Islander Peoples, to submit complaints directly to the UNHRC after all available domestic remedies have been exhausted.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

62

IN COURT 17.6.1

Billy et al v Australia (3624/2019), UN Human Rights Committee, 23 September 2022

Billy et al v Australia is widely regarded as the first successful climate change case decided by the United Nations Human Rights Committee. The case was brought by eight Torres Strait Islander people from Masig Island, a low-lying island in the Torres Strait that sits less than three metres above sea level. The applicants lodged a complaint with the United Nations Human Rights Committee, arguing that Australia had failed to meet its obligations under the International Covenant on Civil and Political Rights (1966) to protect their culture and way of life.

The complainants argued that Australia’s failure to adequately reduce greenhouse gas emissions and implement effective climate adaptation measures exposed their communities to rising sea levels, flooding and coastal erosion. These impacts were said to threaten homes, contaminate water supplies, and inundate burial grounds, undermining cultural practices and connection to Country. The applicants claimed breaches of Article 17 (protection from arbitrary interference with private life, family and home) and Article 27 (the right of minorities to enjoy their culture), as well as related claims under Articles 2, 6 and 24 of the International Covenant on Civil and Political Rights (1966). The Committee accepted that domestic remedies had been exhausted.

On 23 September 2022, the Committee found that Australia had violated Articles 17 and 27 by failing to take sufficient and timely measures to protect Torres Strait Islander Peoples from the foreseeable impacts of climate change. Although Australia had planned the construction of sea walls, the Committee held that these measures were inadequate to prevent ongoing harm to the Islanders’ cultural integrity, which was closely linked to their traditional lands and surrounding ecosystems. The Committee recommended compensation and meaningful consultation with affected communities before further protective measures were implemented.

In March 2023, Australia acknowledged the Committee’s findings and outlined steps being taken to address climate adaptation in the Torres Strait but did not admit legal liability or provide compensation as recommended. Although not legally binding, the case demonstrates how international authorities use scrutiny and moral pressure to advocate for Aboriginal and Torres Strait Islander Peoples and improve access to justice when domestic remedies are limited.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

63

RESEARCH 17.6.1 1. Research one of the UN bodies listed above, and write a report of several paragraphs summarising the background and function of the body, and how it can operate as an advocate for the rights of Aboriginal and Torres Strait Islander people.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

REVIEW 17.6 Online quiz

Access sample responses and results

Review questions

Review 17.6 questions

1. Identify one function of the Australian Human Rights Commission in advocating for the rights of Aboriginal and Torres Strait Islander Peoples.

2. Outline the role of the Aboriginal Legal Service NSW/ACT in improving access to justice for Aboriginal and Torres Strait Islander Peoples.

3. Describe the role of Mudgin-Gal Aboriginal Women’s Centre in advocating for the rights of Aboriginal women.

4. Describe one way the NSW Aboriginal Land Council advocates for Aboriginal land rights.

5. Explain how the Coalition of Aboriginal and Torres Strait Islander Peak Organisations advocates for improved outcomes under the National Agreement on Closing the Gap. video

widget

reporting

note taking

download word

download pdf

scorcher

Go online to assign and download questions, view results and more!

17.7 Contact with legal processes LEARNING OBJECTIVES 17.7 quiz

questions

DESCRIBE how Aboriginal and Torres Strait Islander people encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods.

Aboriginal and Torres Strait Islander Peoples encounter the legal system through a wide range of processes. These include everyday interactions with law enforcement agencies, appearances before courts or tribunals and participation in dispute resolution methods. The nature of these interactions significantly affects whether justice is achieved for individuals and communities.

Law enforcement agencies

Police are often the first point of contact between Aboriginal and Torres Strait widget has historicallyreporting Islander people and the legalvideo system. This relationship been marked by concerns about over-policing, distrust and unequal treatment. Police discretionary

Writing focus 17.7 Conjunctions note taking – (subordinating contrast)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

64

Cambridge Legal Studies Stage 6 Year 11

powers play a key role in shaping how an individual’s involvement with the legal system unfolds, particularly through decisions about: • • • • •

stop and search powers responding to incidents issuing criminal infringement notices arrest decisions bail decisions.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

These discretionary decisions can determine whether a person becomes formally involved in the criminal justice system or is diverted away from it at an early stage.

Interactions with police are especially significant for young people. Aboriginal and Torres Strait Islander youth are more likely to be targeted for minor offences or breaches, increasing their contact with the youth justice system. Measures intended to improve these interactions include Aboriginal Community Liaison Officers, cultural awareness training and local police–community partnerships, although their availability and effectiveness vary across regions.

Where policing practices rely heavily on punitive responses to low-level matters and do not adequately incorporate cultural safety, early contact with police can escalate into court involvement and custody. For this reason, policing and criminal justice practices remain a key focus of reform for Aboriginal and Torres Strait Islander people, including calls for diversionary and restorative justice approaches.

Courts

Aboriginal and Torres Strait Islander people may engage with courts at all levels of the state and federal court hierarchy. The type of court involved, the seriousness of the matter and the powers available to the court can significantly affect legal outcomes and access to justice.

Courts that have particular relevance for Aboriginal and Torres Strait Islander people include:

• The Youth Koori Court, an initiative of the Children’s Court, aims to divert Aboriginal and Torres Strait Islander young people aged 10–17 away from custodial sentences. This court is examined in more detail later in this chapter and in Chapter 16 as an alternative approach to justice.

• The Land and Environment Court of New South Wales is a specialist court established under the Land and Environment Court Act 1979 (NSW). It plays a significant role in Aboriginal land justice in New South Wales, particularly in relation to Aboriginal land claims made under the Aboriginal Land Rights Act 1983 (NSW).

• The Federal Court of Australia plays a central role in determining native title claims under the Native Title Act 1993 (Cth), including whether native title exists, the content of native title rights and interests, and how those rights coexist with other legal interests in land and waters.

• The High Court of Australia has played a critical role in shaping the legal recognition of Aboriginal and Torres Strait Islander Peoples’ rights, particularly in relation to native title rights in Mabo v Queensland (No 2) [1992] HCA 23 and

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

65

Wik Peoples v Queensland [1996] HCA 40. Aboriginal and Torres Strait Islander people may also engage with the High Court in matters involving constitutional interpretation or through appeals (see the In Court boxes below for two examples).

IN COURT 17.7.1 Love v Commonwealth of Australia [2020] HCA 3

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In February 2020, the High Court of Australia – in a four to three decision – held that Indigenous people cannot be considered to be “aliens” (see section 51 xix of the Australian Constitution “naturalization and aliens”) even if they were born overseas and do not have Australian citizenship. The case was brought by lawyers on behalf of two Aboriginal men, Brendan Thoms and Daniel Love, both of whom were born overseas but have Aboriginal heritage. Both men lived in Australia and – due to their criminal convictions – faced deportation to the country of their birth under the Migration Act 1958 (Cth).

Justice James Edelman noted: “The sense of identity that ties Aboriginal people to Australia is an underlying fundamental truth that cannot be altered or deemed not to exist by legislation”.

Justice Virginia Bell determined that an Indigenous person cannot be considered to be an alien because “an Aboriginal Australian cannot be said to belong to another place”.

In his article, “The High Court has widened the horizon on what it is to be Indigenous and belong to Australia” (ABC News, 15 February 2020), Wiradjuri commentator Stan Grant emphasised the High Court’s obiter dictum that “Indigenous Australians don’t enjoy the same political sovereignty as Native American [peoples] or New Zealand Māori [people]”.

RESEARCH 17.7.1

1. Research how the High Court in Love v Commonwealth of Australia [2020] HCA 3 used the concept of Aboriginal connection to Country to determine that Aboriginal Australians cannot be considered “aliens”.

2. Explain how Love v Commonwealth of Australia [2020] HCA 3 demonstrates the operation of the separation of powers in Australia.

IN COURT 17.7.2

La Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd [2025] HCA 32

The La Perouse Local Aboriginal Land Council made a claim over Crown land formerly occupied by the Paddington Bowling Club under the Aboriginal Land Rights Act 1983 (NSW).

The bowling club had ceased operating before the claim was made, and the land was no longer being used for any purpose. In 2021, the NSW Planning Minister determined that the land was claimable Crown land, finding that it was not lawfully used. This determination was challenged by the leaseholder, Quarry Street Pty Ltd.

The matter was first brought before the Land and Environment Court of New South Wales, which upheld the Minister’s decision. The Court considered whether the existence of a lease amounted to lawful use of the land and found that a lease alone did not constitute lawful use

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

66

Cambridge Legal Studies Stage 6 Year 11

for the purposes of the Act. As a result, the Court confirmed that the land remained claimable Crown land.

The decision was later overturned by the NSW Court of Appeal, which held that the land was lawfully used because it was subject to a lease. However, in 2025, the High Court of Australia ruled in favour of the La Perouse Local Aboriginal Land Council. The High Court held that lawful use requires substantive physical use of the land, not merely the existence of a lease, and reinstated the original decision of the Land and Environment Court.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

This decision overturned earlier authority and established an important legal precedent clarifying the meaning of lawful use under the Aboriginal Land Rights Act 1983 (NSW). The case demonstrates the role of the Land and Environment Court as a crucial legal pathway for Aboriginal Land Councils to challenge disputes over Crown land, as well as the role of the High Court in providing final authoritative interpretation of legislation. It illustrates how judicial review across the court hierarchy can influence the extent to which justice is achieved for Aboriginal people in land rights matters. The NSW Aboriginal Land Council has indicated that the ruling may assist in resolving more than 30,000 undetermined Aboriginal land claims across New South Wales.

RESEARCH 17.7.2

1. Research media coverage of La Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd [2025] HCA 32. Explain how the High Court’s interpretation of “lawfully used” Crown land may affect Aboriginal land claims in New South Wales.

National Native Title Tribunal

The National Native Title Tribunal (NNTT) is an independent statutory body established under the Native Title Act 1993 (Cth) to assist with the resolution of native title matters. The Tribunal operates under the supervision of the Federal Court of Australia and plays a facilitative role in native title claims. It does not determine whether native title exists; this power is reserved for the Federal Court.

Instead, the NNTT assists parties by mediating claims, facilitating negotiations, and supporting the making of agreements between Aboriginal and Torres Strait Islander Peoples, governments and other stakeholders. The Tribunal may also be involved in resolving disputes about proposed developments on land subject to native title claims, known as future acts, such as mining or infrastructure projects. In limited circumstances, the NNTT may act as an arbitrator where parties are unable to reach agreement.

The NNTT is often involved in the negotiation of Indigenous Land Use Agreements (ILUAs). These are voluntary, legally binding agreements made under the Native Title Act 1993 (Cth) between native title holders and other individuals or bodies about the use and management of land and waters. ILUAs provide a negotiated alternative to having native title determined by a court or tribunal and may be made where native title has been determined, where a native title claim has been lodged, or even where no claim has yet been made. This allows parties to reach agreement at different stages of the native title process and reduces reliance on adversarial court

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

67

proceedings. A registered ILUA binds all native title holders for the area, including those not directly involved in negotiations.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ILUAs can address a wide range of matters such as future land or water use, land management arrangements, proposed development, mining, cultural heritage protection and compensation for loss or impairment of native title. Further information about ILUAs can be found on the NNTT Register of ILUAs or the Productivity Commissions Closing the Gap dashboard. Nationally, as of 1 July 2026 there were 1534 ILUAs. The South West Native Title Settlement https://cambridge.edu.au/redirect/12112 is Australia’s most comprehensive native title agreement, covering about 200,000 km² of WA’s south-west. Negotiated as six ILUAs between the Noongar people and the WA government, it is a long-term agreement designed to support Noongar outcomes and WA’s shared prosperity.

ANALYSIS 17.7.1

View the National Native Title Tribunal’s Register of Indigenous Land Use Agreements at https://cambridge.edu.au/ redirect/12111

1. Identify one ILUA and state the main parties and the land and water it covers.

2. Explain the terms of the ILUA. 3. To what extent do ILUAs, as negotiated alternative to court, improve access to justice for Aboriginal and Torres Strait Islander people?

Non-judicial statutory bodies

Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) is an independent national body, established under the Australian Human Rights Commission Act 1986 (Cth) to investigate and address alleged breaches of federal human rights and antidiscrimination laws. The AHRC plays a central role at the federal level in addressing racial discrimination affecting Aboriginal and Torres Strait Islander Peoples.

The AHRC has had a significant influence on addressing historical injustices affecting Aboriginal and Torres Strait Islander Peoples. The AHRC conducted the National Inquiry that produced the Bringing Them Home report, which documented the impacts of forced removals of First Nations children from their families. Although many of its recommendations were not immediately acted upon, the report contributed to the Australian Government’s formal apology to the Stolen Generations on 13 February 2008, delivered by then Prime Minister, Kevin Rudd.

CASE STUDY 17.7.1

Kevin Rudd’s apology to Australia’s Aboriginal and Torres Strait Islander people On 13 February 2008, in the Australian Parliament, Prime Minister Kevin Rudd formally apologised to Australia’s Aboriginal and Torres Strait Islander people.

Video 17.7.1 Opening of Prime Minister Kevin Rudd’s apology to Indigenous Australians for past injustices inflicted upon them (03:14)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

68

Cambridge Legal Studies Stage 6 Year 11

I move:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

That today we honour the Indigenous peoples of this land, the oldest continuing cultures in human history. We reflect on their past mistreatment. We reflect in particular on the mistreatment of those who were stolen generations – this blemished chapter in our nation’s history. The time has now come for the nation to turn a new page in Australia’s history by righting the wrongs of the past and so moving forward with confidence to the future. We apologise for the laws and policies of successive parliaments and governments that have inflicted profound grief, suffering and loss on these our fellow Australians. We apologise especially for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country. For the pain, suffering and hurt of these stolen generations, their descendants and for their families left behind, we say sorry. To the mothers and the fathers, the brothers and the sisters, for the breaking up of families and communities, we say sorry. And for the indignity and degradation thus inflicted on a proud people and a proud culture, we say sorry.

We, the parliament of Australia, respectfully request that this apology be received in the spirit in which it is offered, as part of the healing of the nation. …

Growing from this new respect, we see our Indigenous brothers and sisters with fresh eyes, with new eyes, and we have our minds wide open as to how we might tackle, together, the great practical challenges that Indigenous Australia faces in the future.

Let us turn this page together: Indigenous and non-Indigenous Australians, government and opposition, Commonwealth and state, and write this new chapter in our nation’s story together. First Australians, First Fleeters, and those who first took the oath of allegiance just a few weeks ago. Let’s grasp this opportunity to craft a new future for this great land: Australia. I commend the motion to the House.

Prime Minister Kevin Rudd formal apology to Australia’s Aboriginal and Torres Strait Islander people, Australian Parliament, 13 February 2008.

View the full transcript of Kevin Rudd’s speech online at http://cambridge.edu. au/redirect/10400.

Figure 17.7.1 Members of Australia’s Stolen Generations listen to Prime Minister Kevin Rudd deliver an apology to the thousands of First Nations people who were forcibly taken from their families as children.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

69

The AHRC has two complaints functions that are particularly relevant to Aboriginal and Torres Strait Islander Peoples. First, it has the power to investigate discrimination on the basis of race or ethnic origin. Second, it can hear complaints about other breaches of human rights under Australian and international laws, and may prepare a report to the Attorney-General, who is required to table the report in parliament.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The AHRC website provides information and educational resources on the rights of Aboriginal and Torres Strait Islander people, including guidance on complaints procedures and materials relating to truth‑telling, reconciliation and access to justice.

It also provides access to reports and findings from the Commission’s human rights inquiries and investigations. Further information is available from the AHRC at: https://humanrights.gov.au/know-your-rights/rights-of-individuals/ aboriginal-and-torres-strait-islander-peoples-rights.

Royal commissions

Royal commissions are independent, non-judicial public inquiries established by government to investigate complex and significant matters of public concern. For Aboriginal and Torres Strait Islander people, royal commissions have played an important role in exposing systemic failures within legal and government systems and in contributing to public understanding of injustice. A particularly significant example was the Royal Commission into Aboriginal Deaths in Custody (1987–1991), which investigated the deaths of Aboriginal and Torres Strait Islander people while in police or prison custody. This was discussed earlier, in section 17.4.

Royal commissions play an important role in promoting truth-telling, accountability and reform. However, the extent to which justice is achieved depends on government action to implement recommendations and deliver lasting change.

Information, reports and educational resources on Australian royal commissions, including inquiries relevant to Aboriginal and Torres Strait Islander people, are available via the Royal Commissions website.

Dispute resolution methods

Disputes involving Aboriginal and Torres Strait Islander people may also be resolved through alternative dispute resolution (ADR) methods rather than through the courts. As discussed in Chapter 9, ADR processes such as negotiation, mediation, conciliation and arbitration provide less formal and more accessible avenues for resolving disputes.

These methods can be particularly valuable where disputes involve land, resources, family matters or interactions with government agencies, and where parties seek timely outcomes and reduced costs. In New South Wales, Community Justice Centres provide mediation services in some circumstances, including court-referred disputes and disputes involving incorporated associations. Mediation is facilitated by trained, impartial mediators who assist parties to reach mutually acceptable agreements with outcomes only becoming binding where parties formally agree to the terms.

The use of dispute resolution methods can improve access to justice by reducing delays, costs and adversarial processes, and by allowing parties greater control over

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

70

Cambridge Legal Studies Stage 6 Year 11

outcomes. However, the effectiveness of ADR may be limited by its voluntary nature and power imbalances between parties, particularly where one party has greater legal knowledge or resources. In such cases, access to legal advice or advocacy support may be necessary to ensure fair outcomes.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

More information about services and dispute resolution methods for common types of disputes is available on the NSW Department of Communities and Justice website https://dcj.nsw.gov.au/legal-and-justice/legal-assistance-andrepresentation/ community-justice-centres/information-about-other-dispute-resolutionpathways.html.

REVIEW 17.7 Online quiz

Review questions

Access sample responses and results

Review 17.7 questions

1. Describe the various ways Aboriginal and Torres Strait Islander Peoples encounter legal processes.

2. Outline the role of the Native Title Tribunal in native title processes.

3. Describe how Indigenous Land Use Agreements (ILUAs) provide a pathway for resolving land use issues without court proceedings.

4. Identify one High Court case involving Aboriginal and Torres Strait Islander Peoples and outline the legal issue and its impact on the protection of rights.

5. Outline why the federal government was asked to make an official apology to the Stolen Generations.

Go online to assign and download questions, view results and more!

17.8 Alternative approaches to justice

circle sentencing an alternative form of sentencing for some adult Aboriginal and Torres Strait Islander offenders where sentencing is conducted in a circle made up of local community members and a judge

Youth Koori Court an alternative form of sentencing in the NSW Children’s Court for Aboriginal and Torres Strait Islander young offenders where the process involves Elders, community members and a judge working together to support the young person and address the causes of their offending

LEARNING OBJECTIVES 17.8

DESCRIBE alternative approaches to justice available to Aboriginal and Torres Strait Islander people.

Alternative approaches to justice have developed in response to concerns that traditional criminal justice processes do not always achieve just outcomes for Aboriginal and Torres Strait Islander people. These approaches acknowledge that traditional sentencing may overlook the historical and contemporary factors that contribute to offending and may reinforce patterns of over-representation within the criminal justice system. Alternative approaches aim to improve access to justice by incorporating culturally informed, rehabilitative and community-informed processes while operating within the formal legal system.

In New South Wales, alternative approaches to justice for Aboriginal and Torres Strait Islander offenders include circle sentencing, the Walama List and the Youth Koori Court. Each approach seeks to reduce recidivism, increase community confidence in the justice system and support meaningful accountability by involving Aboriginal community members directly in decision-making processes.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

quiz

questions Chapter 17: Aboriginal and/or Torresword Strait Islander Peoples download download pdf

71

However, because they operate within the existing legal system and are available only in limited locations, their broader impact is restricted. While they may improve outcomes for participants, wider reforms are also needed to reduce the over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system.

Circle sentencing

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Circle sentencing is an alternative sentencing process used in the Local Court of New South Wales for eligible adult Aboriginal and Torres Strait Islander offenders.

It operates within the mainstream court system but modifies traditional sentencing procedures to incorporate Aboriginal community participation and culturally informed decision-making, with the aim of achieving fairer and more effective video widget reporting outcomes.

Writing focus 17.8 Transitional note taking phrases

Circle sentencing was first introduced as a pilot program in Nowra in 2002. Following the success of the pilot, the program was expanded and now operates in multiple Local Court locations across New South Wales. As of 2025, circle sentencing is available in 22 Local Court locations, including Bourke, Lismore, Walgett, Mount Druitt, Dubbo and the Downing Centre in Sydney. Other Australian jurisdictions have developed similar Indigenous sentencing courts, although their structures and procedures differ. quiz

questions

download word

The program was influenced by Indigenous community justice practices developed in Canada and was introduced in response to concerns that traditional sentencing approaches may overlook the historical and contemporary factors shaping the experiences of Aboriginal offenders and their communities. By directly involving Elders and respected community members, circle sentencing seeks to strengthen cultural appropriateness, improve trust in the justice system and reduce re-offending.

download pdf

Criminal Procedure Regulation 2017 (NSW) Section 39 Objectives of the program

The objectives of the program are as follows:

(a) to include members of Aboriginal communities in the sentencing process, (b) to increase the confidence of Aboriginal communities in the sentencing process, (c) to reduce barriers between Aboriginal communities and the courts, (d) to provide more appropriate sentencing options for Aboriginal offenders, (e) to provide effective support to victims of offences by Aboriginal offenders, (f) to provide for the greater participation of Aboriginal offenders and their victims in the sentencing process, (g) to increase the awareness of Aboriginal offenders of the consequences of their offences on their victims and the Aboriginal communities to which they belong, (h) to reduce recidivism in Aboriginal communities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

72

Figure 17.8.1 The city of Nowra in New South Wales introduced circle sentencing in 2002. Circle sentencing is an alternative court for sentencing adult First Nations people based on customary law and more traditional First Nations forms of dispute resolution.

Eligibility

Circle sentencing is only available to adult First Nations offenders who have pleaded guilty to, or been found guilty of, eligible offences in the Local Court. Participation is voluntary and subject to assessment by the court and the local Aboriginal Community Justice Group.

Procedure

Once deemed eligible, the offender participates in an alternative sentencing process involving the magistrate, Aboriginal Elders or respected community members, the police prosecutor, the offender’s legal representative, and invited family or support people. The victim may also attend if they choose.

The group sits together in a circle to discuss the offence, the harm caused, and its impact on the victim and the wider community. Aboriginal community members play a central role in guiding the discussion and encouraging the offender to take responsibility in a culturally meaningful way. Together, participants explore the factors contributing to the offending behaviour and consider what supports may help prevent re-offending.

The circle works collaboratively to develop recommendations for an appropriate sentence and any relevant support measures. The magistrate retains full sentencing authority and must ensure that any sentence imposed complies with legal requirements.

Effectiveness

Circle sentencing aims to reduce incarceration rates and recidivism by involving respected Aboriginal community members from the offender’s community in a sentencing process that focuses on addressing underlying contributors to offending behaviour. By drawing on restorative justice principles and community‑based decision‑making, circle sentencing can promote outcomes that are more culturally

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

73

meaningful and aligned with community expectations, while still operating within the formal legal system.

The NSW Bureau of Crime Statistics and Research reported that, when compared to First Nations offenders sentenced in conventional court processes, those who participated in circle sentencing:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• are 9.3 percentage points less likely to receive a prison sentence • are 3.9 percentage points less likely to re-offend within 12 months • take 55 days longer to re-offend, if at all.

Despite these findings, the effectiveness of circle sentencing has been the subject of debate. Some critics argue that circle sentencing alone does not significantly reduce recidivism rates. Supporters, however, point to both statistical evidence and judicial experience to support its value. The expansion of circle sentencing reflects growing support for the program among governments and justice stakeholders.

“In May 2025, NSW Attorney General Michael Daley stated”:

“The NSW Government is investing in prevention and diversion measures to improve long-term outcomes for Aboriginal people in the criminal justice system. People who participate in Circle Sentencing are less likely to reoffend.”

NSW Government, 2025, “Circle Sentencing expanded to Sydney’s Downing Centre”, 20 May.

In addition to impacts on re-offending, evaluations of circle sentencing have identified broader benefits, including increased community engagement, greater confidence in sentencing outcomes, and improved cultural respect and safety within the justice process.

ANALYSIS 17.8.1

Watch the NSW Department of Communities and Justice video about circle sentencing available on YouTube at https://www.youtube.com/watch?v=Y496w7X1jtw, and answer the following questions.

1. Describe how circle sentencing differs from sentencing in the Local Court.

2. Outline the purpose of circle sentencing for First Nations offenders.

Walama List Pilot

The Walama List is an alternative sentencing approach operating within the District Court of New South Wales for eligible adult Aboriginal and Torres Strait Islander offenders. It extends culturally informed and rehabilitative sentencing practices to more serious criminal matters heard in the District Court.

The Walama List was introduced as a pilot program in 2022 at the Sydney Central District Court. Unlike alternative sentencing options in lower courts, the Walama List operates in a higher court and applies to offenders facing serious indictable offences. The program recognises concerns that traditional sentencing in the District Court may be limited in its ability to address the underlying causes of offending for Aboriginal and Torres Strait Islander people and seeks to improve access to justice through a therapeutic and community-informed approach.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

74

Cambridge Legal Studies Stage 6 Year 11

The name Walama comes from the Dharug language and means come back or return, reflecting the program’s emphasis on reconnecting offenders with identity, culture and community, and supporting a healthy, law-abiding way of life.

Eligibility

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Participation in the Walama List is voluntary. It is available to adult Aboriginal and Torres Strait Islander offenders who have pleaded guilty to offences being sentenced in the District Court. Offenders must identify as Aboriginal or Torres Strait Islander and be accepted as such by their community. Participants must also consent to having their sentencing dealt with through the Walama List and commit to ongoing engagement with the court and relevant support services.

At present, the Walama List applies only to matters listed for sentence in selected District Court locations, including Sydney Central (Downing Centre), Parramatta, Campbelltown or Penrith.

Procedure

The Walama List follows a non-adversarial sentencing process. The sentencing judge sits with Aboriginal Elders or respected community members, along with legal representatives and relevant government and non-government service providers, to discuss the offence and the offender’s background. These discussions enable the court to better understand the cultural, social and personal factors, as well as the underlying needs and risk factors that may have contributed to the offending behaviour.

A Walama Case Plan is developed to address the offender’s identified needs and risk factors. The Case Plan may include culturally appropriate rehabilitation programs, counselling, physical and mental health treatment, and other support services tailored to the individual. Sentencing may be deferred to allow the offender to engage with the Case Plan.

By addressing offenders’ underlying needs and risk factors, the Walama List aims to reduce re-offending, improve community safety and contribute to reduce the over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system.

Effectiveness

As a relatively recent initiative, long-term evaluation of the Walama List is still emerging. The pilot is planned to run through to March 2031, with ongoing evaluation designed to measure its impact on sentencing outcomes and rates of re-offending, and to inform decisions about whether a permanent Walama Court should be established.

Early evaluations have identified improved engagement with support services, increased compliance with court orders and greater accountability among participants. The involvement of Aboriginal Elders and respected community members is intended to promote cultural safety and trust in the sentencing process.

Youth Koori Court

The Youth Koori Court (YKC) functions as a culturally appropriate process within the existing legislative framework of the Children’s Court.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

75

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

The first pilot began at Parramatta Children’s Court in 2015. Following positive evaluations of the pilot, the program expanded to Surry Hills in 2019, and Dubbo in 2023.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The Youth Koori Court uses the same sentencing powers as the traditional Children’s Court but follows a more culturally supportive and collaborative process. Aboriginal Elders or respected community members sit with the magistrate, youth workers and support services to create an environment in which young people can speak openly about the circumstances affecting their lives. The process focuses on understanding the underlying causes that may contribute to offending such as unstable housing, disengagement from education, substance use, health issues or trauma. These issues are addressed through an individualised Action and Support Plan.

People

Family

Legal Aid

Community

Representation

Aboriginal Legal Service

Elders

Parties in a YKC Hearing

Youth Justice

YKC Casework Coordinator

Support Agency Representatives

Government Personnel

Court Personnel

Police Prosecutor

YKC Judicial Officer

YKC Court Liaison Officer

Figure 17.8.2 The factors and people involved in a Youth Koori Court (YKC) Hearing

Eligibility

Participation in the Youth Koori Court is voluntary. It is available to Aboriginal and Torres Strait Islander young people aged 10 to 17 who have pleaded guilty to, or been found guilty of, offences in the Children’s Court. Participants must agree to work with Elders, support services and the magistrate, and commit to completing the requirements of an individualised Action and Support Plan.

Procedure

Youth Koori Court proceedings are less formal and more conversational than mainstream Children’s Court hearings. The young person meets with the magistrate, Aboriginal Elders or respected community members, family or support people and

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

76

Cambridge Legal Studies Stage 6 Year 11

relevant workers. Together, they identify the factors that may have contributed to the offending behaviour and develop a culturally informed Action and Support Plan.

NSW Supreme Court

District Court

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Local Court

The plan may involve re-engaging with education or training, attending counselling or health programs, addressing drug and alcohol issues, securing stable housing or strengthening cultural identity and community connection. The young person returns to court on multiple occasions so progress can be reviewed. At the conclusion of the process, the magistrate imposes a sentence that takes into account the young person’s engagement and efforts to address the factors contributing to their offending behaviour.

Children’s Court

Youth Koori Court

Figure 17.8.3 Where the Youth Koori Court sits in the NSW court hierarchy

Effectiveness

Evaluations of the Youth Koori Court have reported positive outcomes. A 2018 review of the Parramatta pilot found that participants were 40 per cent less likely to re-offend compared with similar young people sentenced in the mainstream Children’s Court. Later evaluations in 2022 reported improved engagement with education, stronger cultural identity, increased family involvement and better connections with support services.

Feedback from magistrates, Elders and youth workers indicates that the Youth Koori Court can improve trust between Aboriginal communities and the justice system and provides a culturally safer environment for young people. However, access remains limited due to the program’s availability in only three locations across New South Wales. The Youth Koori Court demonstrates how culturally informed and community-supported approaches can improve access to justice and support positive behavioural outcomes for Aboriginal and Torres Strait Islander young people.

ANALYSIS 17.8.2

Watch the video about Youth Koori Court available on YouTube at https://www.youtube.com/watch?v=rRi6NhgnI9A and answer the following questions.

1.

2.

3.

4.

5.

According to the video, what is the purpose of the Youth Koori Court and who is involved?

How does the Youth Koori Court process differ from a traditional Children’s Court hearing?

What outcomes does the Youth Koori Court aim to achieve for young people, based on the explanations given in the video?

Identify the key participants involved in the Youth Koori Court process as shown in the video and outline their roles.

Describe how the Youth Koori Court environment differs from a mainstream Children’s Court and explain why these differences are important.

6. Explain how Elders and respected community members contribute to the young person’s experience in the Youth Koori Court.

7. Analyse how the video demonstrates the cultural significance of the Youth Koori Court for Aboriginal and Torres Strait Islander young people.

8. Assess the effectiveness of the Youth Koori Court model based on the examples and experiences shown in the video.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

77

REVIEW 17.8 Online quiz

Access sample responses and results

Review questions

Review 17.8 questions

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Identify two objectives of the circle sentencing program set out in Section 39 of the Criminal Procedure Regulation 2017 (NSW).

2. Explain how the data on reduced re-offending among circle sentencing participants supports one objective of the program in Section 39.

3. Using Section 39 of the Criminal Procedure Regulation 2017 (NSW), identify two objectives of the circle sentencing program.

4. Outline one way the Walama List differs from traditional District Court sentencing.

5. Compare circle sentencing and the Youth Koori Court as alternative approaches to justice.

6. Explain one limitation of alternative approaches to justice such as circle sentencing, the Walama List and the Youth Koori Court.

Go online to assign and download questions, view results and more! video

widget

reporting

note taking

scorcher

17.9 The role of non-government organisations LEARNING OBJECTIVES 17.9

IDENTIFY non-government organisations that represent the interests of Aboriginal and Torres Strait Islander people. quiz questions download word DESCRIBE the roles non-government organisations fulfil.

download pdf

Non-government organisations play a significant role in advocating for and representing the rights and interests of Aboriginal and Torres Strait Islander Peoples both domestically and internationally. Non-government organisations are often most effective where they are Aboriginal and Torres Strait Islander community-controlled, as these organisations reflect community priorities and operate in culturally safe and appropriate ways.

Domestic non-government organisations

Within Australia, domestic non-government organisations play a direct role in supporting and representing Aboriginal and Torres Strait Islander people who encounter the legal system. Important non-government organisations include video widget reporting the following:

Writing focus 17.9 Transitional note taking phrases

• Aboriginal Legal Service (NSW/ACT) – Aboriginal Legal Service (ALS) is an independent, Aboriginal-controlled non-government organisation dedicated to supporting Aboriginal and Torres Strait Islander people who encounter the legal system. It provides free legal advice and representation, particularly in criminal law matters, assists in child protection and family law matters, and advocates for changes to laws and practices that disproportionately affect Aboriginal communities. quiz

questions

download word

download pdf

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

Cambridge Legal Studies Stage 6 Year 11

• Aboriginal-controlled Community Legal Centres – Aboriginal-controlled Community Legal Centres provide free legal assistance in non-criminal matters, including housing and tenancy, family violence, discrimination, employment issues, fines and police complaints. These centres support community interests by delivering culturally safe legal advice, providing community legal education and advocating for law reform in areas that impact Aboriginal and Torres Strait Islander people.

• Link-Up NSW – This Aboriginal community-controlled non-government organisation established in NSW in 1980 to assist Aboriginal people who were separated from their families as a result of past government removal policy. It provides family tracing, reunification support, counselling and assistance to reconnect individuals with family, culture and Country. Link-Up also contributes to culturally safer care for children by supporting kinship connections and, where needed, helping identify Aboriginal foster carers or family members who can provide care. Similar Link-Up services later operated in Queensland, Victoria and South Australia.

• Kinchela Boys Home Aboriginal Corporation – This is an Aboriginal communitycontrolled non-government organisation established by survivors of the Kinchela Boys Home. It is dedicated to supporting former residents and their families through counselling, healing programs, education initiatives and advocacy.

The organisation represents the interests of Stolen Generations survivors by promoting truth-telling, addressing intergenerational trauma and ensuring the experiences of those affected by institutional child removal are recognised, acknowledged and understood within the broader Australian community.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

78

• National Aboriginal Community Controlled Health Organisation – This non-government organisation is the peak Aboriginal community-controlled health organisation in Australia, representing more than 140 Aboriginal Community Controlled Health Organisations nationwide. The National Aboriginal Community Controlled Health Organisation (NACCHO) represents Indigenous interests by advocating for self-determination in health policy, supporting community-controlled service delivery, and promoting holistic approaches to wellbeing that recognise the connection between health, social conditions and justice outcomes.

Through national advocacy and policy engagement, NACCHO helps ensure Aboriginal and Torres Strait Islander voices are represented in government decision-making on issues that directly Figure 17.9.1 Gracie’s Grannies, an Aboriginal dance group based in Western Sydney was formed by Aunty Rita Wright, a stolen generation survivor in affect community wellbeing. honour of her mother, Grace.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

79

• Lowitja Institute – This is an Aboriginal and Torres Strait Islander–led non-government organisation dedicated to improving the health and wellbeing of Aboriginal and Torres Strait Islander people through Indigenous-led research, policy development and advocacy. It represents the interests of Aboriginal and Torres Strait Islander Peoples by helping ensure Indigenous voices shape research priorities and public policy, particularly where health inequality, social conditions and government decision-making affect community wellbeing and long-term justice outcomes.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Information is available online about these domestic non-government organisations that represent the interests of Aboriginal and Torres Strait Islander Peoples.

RESEARCH 17.9.1

Visit two of the non-government organisations' websites mentioned above and complete the following tasks.

1. Identify when the non-government organisation was first established and who established it.

2. Describe the work that the non-government organisation does in promoting and representing the interests of Aboriginal and Torres Strait Islander Peoples.

3. Consider the types of human rights that the non-government organisation seeks to protect.

4. Evaluate the extent to which domestic non-government organisations can influence government behaviour and improve human rights outcomes for Aboriginal and Torres Strait Islander Peoples.

International non-government organisations

At the international level, non-government organisations provide important avenues for Indigenous peoples, including Aboriginal and Torres Strait Islander Peoples, to raise concerns beyond the domestic legal system. These organisations operate outside the apparatus of government and seek to protect Indigenous rights by documenting abuses, advocating for self-determination and applying international pressure through media, advocacy and engagement with global institutions.

Important international non-government organisations include the following:

• Amnesty International – This non-government organisation is dedicated to promoting and protecting human rights worldwide. It represents the interests of Aboriginal and Torres Strait Islander Peoples by investigating, documenting and publicly reporting on human rights issues affecting Indigenous communities in Australia, including deaths in custody, over-incarceration, youth detention and racial discrimination. Through advocacy, research and global media campaigns, Amnesty International uses public reporting and media attention to encourage governments and organisations to comply with human rights standards.

• International Work Group for Indigenous Affairs (IWGIA) – This international non-government organisation is dedicated to promoting and protecting the rights of Indigenous peoples worldwide. It focuses on defending Indigenous land rights, supporting Indigenous participation in climate action, and strengthening involvement in local and international decision-making processes. IWGIA supports Indigenous interests by documenting human rights concerns, producing research and reports, and supporting Indigenous engagement with international forums. It also supports Indigenous peoples to engage with United Nations human

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

80

Cambridge Legal Studies Stage 6 Year 11

rights bodies and other international mechanisms by facilitating participation in international meetings and conferences and assisting with the preparation of evidence-based reports.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• Cultural Survival – This Indigenous-led non-government organisation’s home page clearly outlines its vision: “Cultural Survival envisions a future that respects and honors [sic] Indigenous Peoples’ inherent rights and dynamic cultures, deeply and richly interwoven in lands, languages, spiritual traditions, and artistic expression, rooted in self-determination and self-governance.” Cultural Survival uses advocacy to influence governments and corporations and holds “consultative status” with the United Nations, allowing it to raise concerns about Indigenous rights within international human rights forums.

Information is available online about the following international non-government organisations that advocate for the rights and interests of Indigenous peoples: • • • •

Amnesty International International Work Group for Indigenous Affairs Cultural Survival Human Rights Watch.

RESEARCH 17.9.2

Visit two of the non-government organisations' websites mentioned above and complete the following tasks.

1. Identify when the non-government organisation was first established and who established it.

2. Describe the work that the non-government organisation does in promoting and representing the interests of Indigenous peoples, including Aboriginal and Torres Strait Islander Peoples.

3. Consider the types of human rights that the non-government organisation seeks to protect.

4. Evaluate the extent to which international non-government organisations can influence government behaviour and improve human rights outcomes for Indigenous peoples.

REVIEW 17.9 Online quiz

Review questions

Access sample responses and results

Review 17.9 questions

1. Identify one domestic non-government organisation that represents the interests of Aboriginal and Torres Strait Islander Peoples.

2. Describe one role of the domestic non-government organisation you identified.

3. Identify one international non-government organisation that represents the interests of Aboriginal and Torres Strait Islander Peoples.

4. Describe the role of one international non-government organisation in representing the interests of Aboriginal and Torres Strait Islander Peoples.

5. Compare the role of one domestic non-government organisation and one international non-government organisation in representing the interests of Aboriginal and Torres Strait Islander Peoples.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

RESPONSIVENESS OF THE LEGAL SYSTEM quiz questions download word

81

download pdf

17.10 Indicators of success in achieving justice LEARNING OBJECTIVES 17.10

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the indicators used to measure the success of achieving justice for Aboriginal and Torres Strait Islander people.

Self-determination

An important indicator of whether justice is being achieved is the extent to which the legal system supports the fundamental right of self-determination, which refers to the ability of a group to determine its political status and pursue its own economic, video widget reporting social and cultural development.

Writing focus 17.10 Noun phrases note taking (develop)

Self-determination is recognised in the Charter of the United Nations (1945), the International Covenant on Civil and Political Rights (1966), and the International Covenant on Economic, Social and Cultural Rights (1966). Building on these foundations, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007) provides a clear benchmark for evaluating responsiveness.

United Nations Declaration on the Rights of Indigenous Peoples (2007) Article 3

quiz

questions

download word

download pdf

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

For Aboriginal and Torres Strait Islander Peoples, self-determination includes the right to establish and control their own institutions, make decisions about their communities, and manage their own affairs. These rights reinforce the importance of community leadership, cultural authority and independence in decision-making – each central to achieving justice and improving legal outcomes. Many Aboriginal and Torres Strait Islander leaders and organistions argue that self-determination is not only an aspiration but a practical pathway to reducing disadvantage. First Nations voices should be central in all decision-making processes that affect Aboriginal and Torres Strait Islander Peoples. Where community-led decision-making is embedded into justice processes and services, it may improve legitimacy, increase participation and trust, and support fairer outcomes.

Self-determination continues to be a key aspiration and principle, as well as a mechanism for overcoming disadvantage.

Professor Larissa Behrendt, 16 January 2026.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

82

Cambridge Legal Studies Stage 6 Year 11

Many advocates argue that success is evident when Aboriginal and Torres Strait Islander Peoples hold genuine decision-making power (not just participation), when legal processes are culturally safe and shaped by community authority, and when outcomes improve because responses address underlying causes of harm rather than relying only on punishment. Examples include the Youth Koori Court, circle sentencing, and the Walama List program, which embed Aboriginal perspectives and community involvement into justice processes.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Following the unsuccessful Voice referendum of 2023, attention has increasingly focused on other practical pathways for shared decision-making to ensure participation is meaningful rather than symbolic.

treaty defined by the Vienna Convention on the Law of Treaties (1969) as “an international agreement concluded between states in written form and governed by international law”; treaties may also be referred to as conventions or covenants

Bill of Rights a statement of the basic laws to protect the rights of a country’s citizens to have justice and fairness

Treaty-making

Many First Nations people have advocated for and discussed the establishment of a treaty between First Nations Peoples and Australian governments. Such a treaty could take many forms, such as a Bill of Rights or an agreement covering a range of issues, including recognition, decision-making, land and resources, and pathways for resolving disputes.

Australia has long stood out internationally as a settler nation without a treaty with its First Peoples. In contrast, in countries such as New Zealand and Canada, treaties continue to influence laws, policies and accountability mechanisms rather than remaining fixed historical documents.

Australia is also unusual internationally because it does not have constitutional recognition of Aboriginal and Torres Strait Islander Peoples or entrenched rights protections such as a national bill or charter of rights. As a result, treaty-making is often discussed as one pathway for strengthening recognition and protection of rights within the legal system.

Following the unsuccessful referendum, attention has increasingly turned to treaty-making and truthtelling as practical pathways for reform. The Uluru Statement from the Heart is widely regarded as providing a roadmap for reform in its call for Voice, Treaty and Truth.

Figure 17.10.1 Thomas Mayo, a signatory to the Uluru Statement from the Heart and a national advocate for the Voice–Treaty–Truth reform framework, has emphasised that an Indigenous Voice is still needed so that Aboriginal and Torres Strait Islander Peoples can contribute to decisions affecting their communities, reinforcing participation in decision-making as an essential feature of democracy and a pathway for advancing and achieving justice.

A landmark occurred in 2018, when Victoria passed the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic), committing the state to a treaty process in partnership with Aboriginal Victorians. This was followed in 2025 by the passage of the Statewide Treaty Act 2025 (Vic), which gave legal effect to Victoria’s Statewide Treaty negotiated with the First Peoples’ Assembly of Victoria after almost a decade of consultation. The Act is significant because it establishes an ongoing framework for agreement-making, accountability and truth-telling, shaping how future decisions affecting First Peoples are made. The legislation was

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

83

SA D I M GI PL T A E L C -O H N AP L Y TE R S

welcomed internationally by the United Nations, and the Aboriginal and Torres Strait Islander Social Justice Commissioner described it as a national turning point, urging other governments to learn from Victoria’s approach.

Figure 17.10.2 At Victoria’s Government House on Wurundjeri and Bunurong Country (Melbourne), a historic treaty signing marked the first statewide treaty in Australia with First Nations Peoples.

Despite this progress, treaty processes remain at different stages across Australian states and territories, and there is still no national treaty framework. In New South Wales, statewide treaty consultations began in August 2025, with independent Treaty Commissioners tasked with determining whether Aboriginal communities want a treaty or other formal agreements, and what those arrangements might involve.

ANALYSIS 17.10.1

Read the article “Australia’s first treaty with Aboriginal people signed in Victoria”

(Kate Ashton, Bridget Fitzgerald, Tahnee Jash, ABC News, 13 November 2025) at https://cambridge.edu.au/redirect/12110

1. Outline one way the Victorian treaty represents progress towards justice for Aboriginal and Torres Strait Islander Peoples.

2. Explain why the article suggests treaty-making is an important indicator of success in achieving justice for Aboriginal and Torres Strait Islander Peoples.

ANALYSIS 17.10.2

Read the article “Victoria’s treaty is here. What does it mean? And is one coming to my state?” (Kirstie Wellauer and Stephanie Boltje, ABC News, 14 November 2025) at https://cambridge.edu.au/redirect/12120.

1. Explain what a treaty is in the Victorian context.

2. Identify two issues treaties commonly address.

3. Describe what Victoria’s statewide treaty establishes and compare it to your state/territory.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

84

Cambridge Legal Studies Stage 6 Year 11

Truth-telling

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Truth-telling is a pillar of the Uluru Statement from the Heart. It is intended to acknowledge historical and ongoing injustices and to improve public understanding of how past government actions continue to shape present-day outcomes. In practice, truth-telling processes can take different forms across jurisdictions. In Victoria the establishment of the Yoorrook Justice Commission represents the most developed example so far of a formal truth-telling process in Australia, contributing to public accountability and informing treaty discussions. Other jurisdictions have taken different approaches: Tasmania has moved to establish Truth-telling and Healing Commissioners, while Queensland’s Truth-telling and Healing Inquiry ended after the repeal of the Path to Treaty Act 2023 (Qld) in late 2024.

Truth-telling may be most effective where it is linked to reform. On its own, acknowledging past harm does not alter legal, social or economic outcomes. When truth-telling informs treaty negotiations, accountability mechanisms and changes to decision-making structures, it supports more responsive laws and policies. In this way, treaty-making and truth-telling may be viewed as indicators of success where they contribute to concrete change rather than remaining symbolic commitments.

Closing the Gap

The National Agreement on Closing the Gap (2020–2031) is Australia’s current national framework to improve life outcomes and reduce inequity for Aboriginal and Torres Strait Islander Peoples across a range of socio-economic areas. It was developed in partnership between Australian governments and Aboriginal and Torres Strait Islander peak organisations represented by the Coalition of Aboriginal and Torres Strait Islander Peak Organisations (the Coalition of Peaks).

The Agreement includes 19 national targets across 17 outcome areas and is underpinned by four Priority Reforms aimed at changing how governments work with Aboriginal and Torres Strait Islander people. The Priority Reforms are:

• strengthen and establish formal partnerships and shared decision-making • build the Aboriginal and Torres Strait Islander community-controlled sector • transform government organisations so they work better for Aboriginal and Torres Strait Islander Peoples • improve and share access to data and information to enable Aboriginal and Torres Strait Islander communities to make informed decisions.

The National Agreement identifies implementation of the four Priority Reforms as central to improving socio-economic outcomes and making progress against the targets.

Progress against the targets is monitored by the Productivity Commission through its Closing the Gap dashboard and Annual Data Compilation Reports. The 2025 report shows that, of the 15 targets with sufficient data available, only four are on track, while several key justice and wellbeing targets are worsening or showing no improvement.

In particular, justice-related indicators continue to raise concerns. Target 10 (adult imprisonment) is not on track to be met by 2031. Figure 17.10.3 shows that the national age-standardised imprisonment rate for Aboriginal and Torres Strait

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

85

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Islander adults has increased since the 2019 baseline, moving further away from the target reduction. Figure 17.10.4 demonstrates that this pattern is evident across most states and territories, indicating that progress in reducing over-representation in incarceration has not been achieved at either national or jurisdictional levels.

Figure 17.10.3 National age-standardised imprisonment rate per 100,000 adults

Figure 17.10.4 Age-standardised imprisonment rate per 100,000 adults at 30 June Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

86

Figure 17.10.5 Progress on Closing the Gap grouped by themes

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

87

RESEARCH 17.10.1 Visit the Productivity Commission’s Closing the Gap Dashboard at https://cambridge.edu.au/redirect/12110 and complete the following tasks.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Choose one Priority Reform target. Describe what the target is aiming to improve and explain how it supports selfdetermination for Aboriginal and Torres Strait Islander Peoples.

2. Identify one target that is improving. Name the target number and outcome area and describe what the trend indicates about progress in that area.

3. Identify one target that is worsening. Name the target number and outcome area and explain what this suggests about barriers to achieving justice and responsiveness.

Alternative approaches to justice

Alternative approaches to justice for Aboriginal and Torres Strait Islander people have emerged in response to concerns that traditional criminal justice processes do not always achieve just outcomes and may reinforce patterns of over-representation. As indicators of responsiveness, alternative approaches aim to improve access to justice by incorporating culturally informed, rehabilitative and community‑based processes while continuing to operate within the formal legal system.

Refer to Section 17.8 for more information about the effectiveness of these approaches.

Land rights and native title

Another way of assessing the success and responsiveness of the legal system is to consider the progress made in recognising Aboriginal and Torres Strait Islander Peoples’ connection to Country and providing legal pathways for rights in land and waters.

Land rights laws have often developed through state and territory pathways: the Aboriginal Land Rights Act 1983 (NSW) established a statutory process to claim certain Crown land, with claims made by Local Aboriginal Land Councils (LALCs) on behalf of their respective Aboriginal communities.

At the national level, the High Court’s decision in Mabo v Queensland (No 2) [1992] HCA 23 overturned terra nullius and led to the Native Title Act 1993 (Cth). The Act sets out the content and nature of the rights that may be enjoyed by the owners of native title, as determined by the traditional laws and customs (customary law) observed by the original inhabitants of that land.

Since 1992, some successful land rights and native title cases include:

• Yanner v Eaton (1999) 201 CLR 351 – Yanner, a member of the Gunnamulla clan of the Gangalidda tribe, had caught two juvenile crocodiles with a harpoon, and been charged under the Fauna Conservation Act 1974 (Qld). The High Court found that the Act had not extinguished the native title right to hunt crocodiles under traditional law and custom.

• Commonwealth v Yarmirr (2001) 208 CLR 1 – This was the first native title case to deal with waters rather than land – an area of sea and sea-bed around Croker

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

88

Cambridge Legal Studies Stage 6 Year 11

•

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

Island. The High Court found that native title did exist but held that it was non-exclusive due to common law rights of boating and fishing.

Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604 – In the sixth successful native title claim in New South Wales, the Federal Court recognised the Barkandji people as Traditional Owners of 128,000 square kilometres of land – the largest native title determination in New South Wales at that time. It took almost 18 years for the matter to be resolved.

Northern Territory v Griffiths [2019] HCA 7 – The High Court confirmed that native title compensation has three parts: economic loss (based on freehold value), interest, and cultural and spiritual loss. This was the first time the High Court set out how compensation is assessed under the Native Title Act 1993 (Cth), including confirming that compensation for cultural and spiritual loss may be assessed in monetary terms. However, the case also shows limits: it took eight years, was complex and costly, and the outcome was money only, not the return of land or full control of Country.

Stuart v South Australia [2025] HCA 12 – The High Court confirmed that native title connection does not require ongoing physical occupation or use of the claim area. Connection can be established where traditional laws and customs show a continuing spiritual and cultural relationship with the land or waters. In other words, ongoing physical occupation is not always required, provided traditional laws and customs demonstrate a continuing connection to Country.

La Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd [2025] HCA 32 – The High Court made an important clarification for Aboriginal land claims in New South Wales. The Court found that land is not “lawfully used or occupied” by the Crown simply because it is subject to an existing lease. Rather, land will only be lawfully used if, at the time the claim is lodged, it is being physically put to a particular purpose. In this case, the former Paddington Bowling Club site was no longer operating, so the land was not in lawful use at the time of the claim. This decision may increase the range of Aboriginal land claims capable of being granted under NSW land rights legislation where land is no longer being physically used for a particular purpose.

•

•

By 2026, the Native Title Act 1993 (Cth) has been in force for over three decades.

During this time, there have been more than 677 native title determinations. Of these determinations, native title has been found to exist in its entirety in 240 cases.

The other determinations have found native title to partly exist or to not exist at all for the relevant area.

By January 2026, the NSW Aboriginal Land Council had lodged its 60,000th Aboriginal land claim under the Aboriginal Land Rights Act 1983 (NSW). Despite this significant number of claims, more than 44,000 remain undetermined across New South Wales, with some claims dating back to 1984. In the 2025–26 financial year alone, 672 claims covering more than 13,000 land parcels were lodged, yet only 274 hectares of land were returned. These figures highlight both the importance of land rights legislation as a pathway for land return and the ongoing delays affecting the resolution of Aboriginal land claims.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

89

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

Figure 17.10.6 Sitting of the Federal Court of Australia to recognise Native Title for the people of the Eastern Maar nation at Logan beach in Warranambool. Federal Court of Australia judges go through the smoke before the sitting of court and announcement of the successful Native Title determination.

REVIEW 17.10 Online quiz

Review questions

Access sample responses and results

Review 17.10 questions

1. Outline why self-determination is considered an indicator of success in achieving justice for Aboriginal and Torres Strait Islander Peoples.

2. Explain how treaty-making can act as an indicator of success in achieving justice for Aboriginal and Torres Strait Islander Peoples.

3. Describe how truth-telling can act as an indicator of success in achieving justice for Aboriginal and Torres Strait Islander Peoples.

4. Outline how Closing the Gap targets are used to measure progress in achieving justice for Aboriginal and Torres Strait Islander Peoples.

5. Describe how alternative approaches to justice act as indicators of responsiveness in the legal system.

6. Explain how land rights and native title recognition act as indicators of success in achieving justice for Aboriginal and Torres Strait Islander Peoples.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

90

nload word

download pdf

17.11 Barriers to achieving justice LEARNING OBJECTIVES 17.11 ANALYSE the barriers that prevent Aboriginal and Torres Strait Islander people from achieving justice within the legal system.

Adversarial system

SA D I M GI PL T A E L C -O H N AP L Y TE R S

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

Writing focus 17.11 Transitional note taking phrases

The Australian legal system is based on an adversarial process, in which opposing parties present their cases before a judge who acts as an impartial decision‑maker.

This approach can present challenges for some Aboriginal and Torres Strait Islander people,scorcher particularly where it contrasts with long-standing community‑based approaches to resolving disputes that emphasise dialogue, responsibility and restoration.

The complexity, cost and formality of the adversarial system can be a barrier to achieving justice more broadly, particularly for people without legal training or adequate support. Misunderstandings of legal processes can affect the quality of participation in proceedings particularly where individuals have limited access to legal information or support.

download pdf

For Aboriginal and Torres Strait Islander people living in rural or remote areas, these challenges may be compounded where English is not a first language and access to interpreters is limited, particularly during police investigations and court proceedings.

IN COURT 17.11.1

R v Williams (1976) 14 SASR 1

During this criminal trial in South Australia, Justice Wells heard evidence that a woman taunted Williams in relation to customary secrets. They had been drinking together and an argument broke out between them, during which Williams killed the woman. He was convicted of manslaughter.

The court decided that the provocation by the woman was sufficient to reduce the original charge of murder to the lesser charge of manslaughter. Justice Wells agreed to suspend a two-year custodial sentence if Williams returned to his lands for customary punishment. He later gave the following reasons: The fact was that he had very little English; it would have been impossible for him to have communicated with the staff of the prison or with any fellow prisoners, or to have related to them in any way … To condemn a tribal Aborigine to such a fate was something which I wished, if possible, to avoid.

Williams was later speared through the legs as required by Elders.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

91

Contact with the criminal justice system Over-representation in custody

SA D I M GI PL T A E L C -O H N AP L Y TE R S

A major barrier to achieving a responsive and just legal system is the continued over‑representation of Aboriginal and Torres Strait Islander people in custody.

Disproportionate incarceration increases exposure to harmful legal processes and undermines equality of outcomes in practice. As of June 2025, Aboriginal and Torres Strait Islander people comprised 37 per cent of the national adult prison population, despite representing only 3.8 per cent of Australia’s total population. In March 2026, 220 young people were in detention in New South Wales. Of these, 175, or 79.6 per cent, were on remand. Aboriginal young people accounted for 118 detainees, representing 53.6 per cent of the youth detention population. Refer to Section 17.4 for more information.

Over-representation in custody is also linked to higher levels of contact with police and the criminal justice system experienced by Aboriginal and Torres Strait Islander people. Earlier and more frequent interaction with law enforcement may increase the likelihood of progressing through the criminal justice system and contribute to unequal outcomes in practice.

Deaths in custody

A further barrier to responsiveness and justice is the persistence of deaths in custody and the gap between inquiry findings and implementation. The Royal Commission into Aboriginal Deaths in Custody (1987–1991) made 339 recommendations, yet national monitoring continues to record preventable loss of life. The Australian Institute of Criminology’s national report recorded 33 Aboriginal and Torres Strait Islander deaths in custody in 2024–25, the highest annual number since monitoring began, and the Australian Institute of Criminology’s real-time dashboard records 626 Aboriginal and Torres Strait Islander deaths in custody since the Royal Commission concluded in 1991, across prison custody, youth detention and police custody.

Together, these figures highlight the ongoing failure to fully implement the Royal Commission’s recommendations and the continuing need for reform.

ANALYSIS 17.11.1

Read the article “’Deaths, after deaths, after deaths’: Indigenous deaths in custody reach their highest level since 1980” (Douglas Smith, The Guardian, 10 December 2025) at https://www.theguardian.com/australia-news/2025/dec/10/ deaths-after-deaths-after-deaths-indigenous-deaths-in-custody-reach-their-highest-level-since-1980 and answer the following questions.

1. Identify one statistic from the article that demonstrates the extent of Aboriginal and Torres Strait Islander deaths in custody.

2. Outline why the article suggests deaths in custody remain a continuing barrier to achieving justice for Aboriginal and Torres Strait Islander people.

3. Explain how the statistics in the article demonstrate ongoing inequality in the criminal justice system for Aboriginal and Torres Strait Islander people.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

92

Cambridge Legal Studies Stage 6 Year 11

Recidivism

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Recidivism is another barrier to justice because it may indicate underlying drivers of offending are not being adequately addressed or that stable pathways out of contact with the law are difficult to achieve. As of June 2025, approximately 76 per cent of Indigenous prisoners had prior incarceration records, compared with 49 per cent of non-Indigenous prisoners. Among young people under youth justice supervision, return rates were higher for those released from detention than for those completing a community-based sentence. In 2022–23, 63 per cent of First Nations young people who completed sentenced community-based supervision returned to sentenced supervision within 12 months, compared with approximately 48 per cent of nonIndigenous young people. Among those released from sentenced detention, 88 per cent of First Nations young people returned to sentenced supervision within 12 months, compared with approximately 79 per cent of non-Indigenous young people.

Forcible removal of children from their families

The Bringing Them Home inquiry estimated that between one in ten and one in three Indigenous children were removed under state and federal laws and policies between approximately 1910 and 1970. Although these policies were being wound back by the early 1970s, Aboriginal and Torres Strait Islander children continue to be removed through contemporary child protection systems at disproportionately high rates.

The impacts of forcible removal remain a barrier to achieving justice today. The Australian Institute of Health and Welfare reported that more than 27,000 Stolen Generations survivors were living in Australia in 2019, and that they are more likely to experience poorer health and socio-economic outcomes than other Aboriginal and Torres Strait Islander people of the same age. The disruption of cultural, spiritual and family ties has had significant intergenerational effects that are associated with ongoing social and legal challenges and may continue to influence contact with legal and government systems.

This intergenerational harm is also connected to current child protection outcomes.

The Closing the Gap Report 2025 assesses Target 12 (children in out-of-home care) as worsening, indicating that over-representation in the child protection system remains a significant barrier to achieving justice and responsive outcomes across the legal system.

The Bringing Them Home report (1997) called for compensation, as well as reunion, counselling and support services for survivors of removal policies. In 2009, the United Nations Human Rights Committee further recommended that Australia provide adequate reparation, including compensation, through a comprehensive national mechanism. This recommendation was not adopted by the Australian Government.

Attempts to seek compensation through the courts have often been unsuccessful, and litigation has often been criticised as a significant barrier to justice for Stolen Generations survivors. While some cases have succeeded where mistreatment in care could be demonstrated, litigation itself has been criticised as a significant barrier to justice for Stolen Generations survivors. As Professor Larissa Behrendt explains:

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

93

Litigation is a difficult way to get justice. The claims take a long time to progress through the courts. Members of the Stolen Generations are likely to have low levels of education, few resources and poor health, including mental health issues. The combination of these circumstances makes the process long and arduous for them. For this reason, proposals have been made for a national compensation scheme that could be administered through a tribunal, which would streamline the process, make bringing a claim less expensive and be more flexible about the rules of evidence.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Professor Larissa Behrendt, Indigenous Australia for Dummies, 2nd ed, 2021.

This highlights how court-based compensation can operate as a barrier to justice and why alternative mechanisms, such as tribunal-based national compensation schemes, are often proposed. Successive federal governments have resisted this approach, arguing that legal responsibility lies primarily with states and territories, and in some cases with non-government institutions.

Racism and discrimination

A major barrier to responsiveness and justice is the persistence of racism and discrimination, both individual and systemic, across Australian society. This shapes the day-to-day experiences of Aboriginal and Torres Strait Islander people and can also influence how they are treated within key institutions, including the justice system and government services. Evidence of this barrier is reflected in the Australian Reconciliation Barometer, which reported a significant increase in experiences of racism – from 39 per cent in 2014 to 54 per cent in 2024. Reported settings included police and government services, with experiences highest among younger First Nations people; for example, 68 per cent of respondents aged 25–34 reported experiencing racism in the six months prior to the survey.

The seriousness of this barrier was reinforced by an Aboriginal-led independent review of Closing the Gap conducted by the Jumbunna Institute for Indigenous Education and Research, which identified racism as a central obstacle to progress and a key reason identified by the review for why governments have not delivered the systemic change envisaged under the National Agreement. Reporting on the review highlighted that, while the overall architecture of Closing the Gap was sound, the review concluded that it was undermined by government inaction and by structural racism embedded within Australian institutions and society.

These findings have strengthened calls for structural reform, including Reconciliation Australia’s push for the federal government to adopt the Australian Human Rights Commission’s National Anti-Racism Framework.

Government accountability and resourcing Accountability under Closing the Gap

A commonly identified barrier to responsiveness and justice is the limited accountability of governments for outcomes under the National Agreement on Closing the Gap. While responsibility is formally shared across federal, state, territory and local governments, alongside the Coalition of Aboriginal and Torres Strait Islander

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

94

Cambridge Legal Studies Stage 6 Year 11

Peak Organisations, reviews have identified limitations in practical accountability.

Former Social Justice Commissioner Tom Calma, a Kungarakan and Iwaidja Elder, said in 2025 “There’s not enough effort being put into getting mainstream organisations and governments to do their share. There’s no targets for them. All the targets are for the community-controlled sector.”

SA D I M GI PL T A E L C -O H N AP L Y TE R S

This concern was highlighted by an Aboriginal and Torres Strait Islander review, which found that much of the responsibility for progress has been placed on Aboriginal peak bodies and community-controlled organisations, even though they lack sufficient resources. Critics argue that this undermines responsiveness because communities are expected to compensate for failures in mainstream systems without adequate funding or decision-making authority to drive systemic change.

A significant barrier to responsiveness is the absence of clear accountability mechanisms for state and territory governments. The Productivity Commission has identified that there is no agreed process to determine the specific contributions each jurisdiction must make towards achieving national Closing the Gap targets, even though states and territories control key parts of the justice system such as policing, bail, sentencing, corrections and the age of criminal responsibility.

Without governments taking full responsibility for implementation, funding and genuine partnership with Aboriginal and Torres Strait Islander communities, national reform frameworks and justice initiatives are unlikely to produce sustained improvements in outcomes in practice.

ANALYSIS 17.11.2

Read the article “Rate of Indigenous people in jail has risen by 20% since 2019, Closing the Gap data shows” at <weblink> and answer the following questions.

1.

2.

3.

4.

5.

Identify the change in Indigenous imprisonment rates reported in the article since 2019.

Identify the commitment governments made under Closing the Gap about reducing incarceration by 2031.

Identify two areas other than incarceration that the article says are worsening.

Describe what Productivity Commissioner Selwyn Button says governments need to do differently to make progress.

Identify two barriers mentioned or suggested in the article that are stopping progress and describe how each could lead to worse justice outcomes.

6. How might a “tough on crime” approach affect First Nations Peoples’ contact with police and courts, according to concerns raised in the article?

Resourcing and access to justice

Effective access to justice depends on equitable access to legal advice and representation. Because Aboriginal and Torres Strait Islander people rely heavily on publicly funded legal assistance, government resourcing decisions have a direct impact on whether the legal system is accessible and responsive in practice.

In 2023, the ABC News reported on the consequences of chronic under-resourcing of Aboriginal and Torres Strait Islander legal services. You can read the report “Fears for increased First Nations incarceration grow as Indigenous legal services cut” here <weblink>.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

95

Under-resourcing limits the ability of legal services to provide timely advice and representation. Where Aboriginal and Torres Strait Islander legal services withdraw from courts due to funding constraints, individuals may be left to represent themselves or proceed without culturally safe legal support. This may increase the risk of remand in custody, harsher legal outcomes and wrongful incarceration, undermining access to justice in practice.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Digital tools may assist some individuals to identify complaint pathways and seek support.

• Hear Me Out (see website) is an online tool that helps people work out where they can make a complaint if their rights have been affected. It improves access to justice by guiding users to the right support services.

• Call It Out (see website) is a national register where Aboriginal and Torres Strait Islander people can report incidents of racism and discrimination. The information collected supports advocacy and helps highlight areas where stronger protections are needed.

Resourcing is also limited in government investment in alternative approaches to sentencing. While specialist pathways such as circle sentencing, the Walama List, and the Youth Koori Court aim to provide culturally safe, rehabilitative responses, access to these programs remains uneven and often geographically concentrated. Where funding is insufficient or programs are confined to metropolitan areas, mainstream criminal justice processes remain the primary pathway, potentially reducing responsiveness and increasing the risk that legal outcomes entrench disadvantage.

A further limitation of these approaches is that they operate after an offence has been committed and are accessed at the sentencing stage. Participation generally requires a guilty plea, meaning that these programs do not prevent early contact with the criminal justice system and are unavailable to those who contest charges.

Without sustained and equitable investment in legal assistance services and alternative justice pathways, government commitments to fairness, accountability and access to justice – under Closing the Gap and within the legal system more broadly – remain largely aspirational rather than effective in practice.

Policy settings and political priorities

A further barrier to achieving justice is inconsistent government policy across jurisdictions and over time. Changes in political priorities at both federal and state levels, uneven implementation of programs and limited long-term funding can reduce the effectiveness of reforms and make it more difficult to achieve sustained improvements in outcomes for Aboriginal and Torres Strait Islander people.

Responsiveness is further undermined when changes in government lead to policy reversals or the repeal of legislation. In recent years, some jurisdictions have weakened or abandoned reforms affecting Aboriginal and Torres Strait Islander people, including changes to the age of criminal responsibility and decisions to repeal or stall treaty-related legislation. These shifts may disrupt long-term reform, weaken trust in government commitments, and can increase contact with the criminal justice system, particularly for Aboriginal and Torres Strait Islander children and young people. This policy instability strengthened calls for consistent, evidence-based and community-led approaches in achieving meaningful and sustained justice outcomes.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

96

Cambridge Legal Studies Stage 6 Year 11

Land rights and native title Although the impact of Mabo v Queensland (No 2) [1992] HCA 23 and subsequent legislation has been significant, access to land justice remains uneven across Australia. This variation reflects the legal tests for recognition, the land tenure history of different jurisdictions, and the availability of land over which rights can be claimed.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

To be recognised under Australian law, native title claimants must establish that traditional laws and customs continue to be acknowledged and observed, demonstrate a continuing connection to land, and show that native title rights have not been extinguished. Native title can be surrendered voluntarily and applies only to members of the particular Aboriginal group with kinship ties to the land claimed. In practice, native title generally applies to limited areas of Crown land, certain pastoral lease areas and waters, rather than most privately owned land.

These requirements help explain why the practical impact of native title varies. In jurisdictions where freehold title is widespread, native title has been extinguished over large areas. In such contexts, state-based land rights schemes have often provided a more practical avenue for land justice. In New South Wales, the Aboriginal Land Rights Act 1983 (NSW) allows Aboriginal Land Councils to claim certain unused Crown land. However, this scheme has significant limits: it excludes land that is lawfully used, reserved for essential purposes, or subject to native title claims.

Delays in land rights processes also operate as a barrier to justice. In 2022, The Conversation reported on the number of unprocessed land rights claims in New South Wales.

[There] were reportedly 37 000 [unprocessed claims] as of 2020 – many of them having been lodged more than a decade earlier.

The number in 2022 has climbed higher still, and is now 38 200.

Based on the current rate of approvals, it would not be until 2044 that these claims would be processed. These claims impact more than 1.12 million hectares of land.

Lydia McGrady, 2022, “In NSW there have been significant wins for First Nations land rights.

But unprocessed claims still outnumber the successes”, The Conversation, 14 July.

As of March 2026, more than 43,000 land claims remained undetermined, despite over 59,000 claims having been lodged since the Act commenced in 1983, with some dating back to the 1980s. These delays affect access to land justice and can involve additional costs and time where decisions are appealed to the Land and Environment Court.

Barriers are also evident through litigation outcomes. A number of High Court decisions have limited the scope of land rights, including:

• Wik Peoples v Queensland [1996] HCA 40, which held that native title could coexist with pastoral leases • Fejo v Northern Territory (1998) 195 CLR 96, confirming that native title is permanently extinguished by freehold title • Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58, where a break in the observance of traditional laws and customs was held to extinguish native title.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

97

Together, these legal, procedural and structural constraints demonstrate how aspects of land rights and native title processes may operate as barriers to achieving substantive justice, particularly where delays, extinguishment rules and uneven access limit practical outcomes.

Limited implementation of the UNDRIP and the absence of a Charter of Rights

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007) is not legally binding. However, it sets clear standards in areas such as self-determination and participation, non-discrimination, land and resource rights, cultural and linguistic protection, access to justice, and social and economic development, providing an international benchmark against which government responsiveness can be assessed.

Australia formally endorsed UNDRIP in 2009, but endorsement does not make the declaration legally enforceable in domestic law. As a result, UNDRIP operates as soft law, meaning its implementation depends largely on political will rather than binding legal obligations. This limits responsiveness where governments accept international standards in principle but fail to consistently translate them into domestic legislation or policy.

Many advocates argue that this challenge is compounded by the absence of entrenched national protections, including a national treaty framework or a Charter of Rights. Without constitutional or legislative structures guaranteeing Indigenous participation and rights, reforms remain vulnerable to delay or reversal, particularly in changing political contexts. Advocacy bodies and legal organisations, including the Law Council of Australia, have therefore called for UNDRIP to be incorporated into Australian law, arguing that existing legal frameworks do not fully meet its standards.

Despite this advice, Australian governments have not fully incorporated UNDRIP into domestic law, limiting its capacity to operate as an enforceable safeguard and reinforcing criticisms that it functions as a symbolic rather than substantive mechanism for achieving justice.

Conclusion

The challenges faced by Aboriginal and Torres Strait Islander people in accessing the legal system and achieving justice are complex, and improvements in selected indicators alone are not sufficient to demonstrate that justice has been achieved.

Experiences of the legal system are shaped by cultural, social and spiritual needs that are not always recognised or adequately protected within existing legal structures.

Although the law has evolved in recent decades through judicial decisions and legislative reform, ongoing barriers to access and responsiveness remain. Inconsistent government accountability, uneven policy implementation across jurisdictions and inadequate long-term resourcing continue to limit the effectiveness of the legal system’s response. Meaningful participation by Aboriginal and Torres Strait Islander people in decision-making, alongside stronger support for community-controlled organisations, remains essential to improving justice outcomes.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

98

Cambridge Legal Studies Stage 6 Year 11

Overall, this evaluation indicates that while some progress has been made, justice for Aboriginal and Torres Strait Islander people has not yet been fully achieved.

Meaningful and sustained improvement depends on coordinated, consistent and long-term reform across all levels of government, supported by genuine accountability and partnership.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

REVIEW 17.11 Online quiz

Review questions

Access sample responses and results

Review 17.11 questions

1. Explain how features of the adversarial system can operate as a barrier to justice for Aboriginal and Torres Strait Islander people.

2. Explain how over-representation in custody acts as a barrier to achieving justice for Aboriginal and Torres Strait Islander people.

3. Describe why deaths in custody remain a continuing barrier to achieving justice.

4. Outline how recidivism rates indicate limits in the effectiveness of the criminal justice system.

5. Explain how the legacy of the Stolen Generations continues to affect justice outcomes today.

6. Discuss how racism and discrimination affect justice outcomes for Aboriginal and Torres Strait Islander people.

7. Identify how many Closing the Gap targets are currently on track and explain what this indicates about progress.

8. Explain how limited government accountability affects progress towards achieving the Closing the Gap agreement.

9. Explain how under-resourcing of Aboriginal and Torres Strait Islander legal services affects access to justice.

10. Explain one limitation of alternative sentencing pathways such as circle sentencing, the Walama List or the Youth Koori Court.

11. Describe how inconsistent government policy across jurisdictions affects progress toward achieving justice outcomes.

12. Describe how limits within land rights and native title processes act as barriers to achieving justice.

13. Explain how the limited domestic implementation of UNDRIP and the absence of a national Charter of Rights act as barriers to achieving justice.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

99

End of chapter Revise and consolidate your learning with these online tools: Download or answer questions online View suggested responses Writing focus worksheets

• • • •

Individual and whole class student reports Assign tasks and track results Print Create and print chapter tests Create and print custom practice exams

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • •

Teachers can access these additional downloadable resources and Learning Management System features:

Chapter summary • •

•

•

•

•

•

•

•

•

Aboriginal and Torres Strait Islander Peoples are the First Peoples of Australia and belong to diverse nations, language groups and cultures.

Colonisation, dispossession and discriminatory laws and policies disrupted Aboriginal and Torres Strait Islander Peoples’ relationships with land, culture, family and community.

Self-determination involves the right of Aboriginal and Torres Strait Islander Peoples to make decisions about their political, social, economic and cultural development, including maintaining their laws, languages and cultures.

The different languages and cultures of Aboriginal and Torres Strait Islander Peoples may or may not be recognised by the law. Some court cases, such as R v Williams, demonstrate recognition of customary rights.

Legislation has existed for decades that outlaws racial discrimination and vilification, yet conflict and discrimination continue between Aboriginal and Torres Strait Islander people and non-Indigenous people.

The Aboriginal Land Rights Act 1983 (NSW) established a system of land rights and land claims that provides redress for the dispossession of Aboriginal Peoples from their traditional lands.

The Mabo cases of the 1980s and 1990s were the first successful native title challenges in Australia and led to the rejection of the doctrine of terra nullius. The Native Title Act 1993 (Cth) was passed following the High Court’s decision in Mabo v Queensland (No 2).

The pastoral leases case, Wik Peoples v Queensland [1996] HCA 40, was also important for Aboriginal and Torres Strait Islander Peoples. The case established that native title rights and pastoral lease rights could coexist where they were not inconsistent.

The Native Title Amendment Act 1998 (Cth), passed in response to the Wik decision, clarified the relationship between native title and other land interests, while also restricting some native title rights and strengthening the position of pastoral leaseholders and other land users.

In 1991, the Royal Commission into Aboriginal Deaths in Custody handed down 339 recommendations in response to the unacceptable number of First Nations deaths in police custody and prisons. Many commentators and advocacy groups argue that there has not been a significant improvement in this area since the report was published.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

100

Cambridge Legal Studies Stage 6 Year 11

•

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

In 1995, the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families was established to investigate the forcible removal of children. The resulting report, Bringing them Home (1997), called for compensation, reunion and counselling services, and apologies from governments and organisations involved.

International instruments, including the International Convention on the Elimination of All Forms of Racial Discrimination and the United Nations Declaration on the Rights of Indigenous Peoples, recognise rights relating to equality, freedom from racial discrimination, culture, self-determination, land and participation in decision-making.

Australia does not have a national Bill or Charter of Rights, constitutional recognition of Aboriginal and Torres Strait Islander Peoples, or a national treaty with First Nations Peoples.

Courts, tribunals, the Australian Human Rights Commission, royal commissions and dispute resolution processes provide mechanisms for protecting rights, investigating injustice and resolving disputes.

Alternative justice approaches, including circle sentencing and Indigenous sentencing courts, seek to improve participation, cultural responsiveness and justice outcomes.

Non-government and Aboriginal community-controlled organisations provide legal assistance, advocacy, education and support to Aboriginal and Torres Strait Islander individuals and communities.

Aboriginal and Torres Strait Islander people experience disadvantage in areas such as health, education, employment, housing, child protection and the criminal justice system.

Indicators such as imprisonment rates, deaths in custody, child removal, health, education, employment and land recognition can be used to assess whether justice is being achieved.

Barriers to justice include cost, delay, remoteness, discrimination, language and cultural differences, strict evidentiary requirements and the incomplete implementation of legal reforms.

In 2023, a referendum was held with a proposal to establish an Aboriginal and Torres Strait Islander Voice in the Australian Constitution. The referendum was unsuccessful, although reconciliation, treaty and truth-telling processes continue.

Overall, the effectiveness of the legal system is mixed. Important legal reforms and protections have been introduced, but significant inequality and over-representation continue.

•

•

• •

• • •

•

•

Multiple-choice questions

1. What was one legal effect of the 1967 Referendum? a. It granted First Nations Peoples the right to vote in all elections. b. It gave the Commonwealth Parliament concurrent power with the states to make laws for Aboriginal and Torres Strait Islander people. c. It established constitutional recognition of First Nations Peoples. d. It created a national treaty between governments and First Nations Peoples.

2. Why was the Royal Commission into Aboriginal Deaths in Custody established? a. To investigate concerns raised by the United Nations about Australian prisons b. To examine the operation of mandatory sentencing laws c. To investigate the high number of Aboriginal and Torres Strait Islander people dying in custody d. To determine whether prisons should be managed by the Commonwealth

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 17: Aboriginal and/or Torres Strait Islander Peoples

101

3. What was a significant outcome of Mabo v Queensland (No 2) [1992] HCA 23? a. It recognised that native title could exist under Australian law. b. It established the Aboriginal Land Council system in New South Wales. c. It held that pastoral leases always extinguish native title. d. It created a constitutional right to land for First Nations Peoples.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

4. Which statement best describes the United Nations Declaration on the Rights of Indigenous Peoples? a. It is a binding international treaty that automatically overrides Australian law. b. It recognises individual and collective rights, including self-determination, culture and land. c. It applies only to Indigenous peoples living in countries without written constitutions. d. It requires governments to transfer all Crown land to Indigenous peoples.

5. How does circle sentencing seek to improve justice outcomes for First Nations offenders? a. By limiting participation to first-time offenders b. By reducing the sentencing options available to the court c. By involving First Nations community members in the sentencing process d. By allowing victims to determine the sentence imposed

Short-answer questions

1. Outline why First Nations Peoples encounter the legal system at higher rates than non-Indigenous Australians.

2. Explain how international law protects the rights of First Nations Peoples.

3. Explain how legal responses have recognised and protected the land rights and native title rights of First Nations Peoples.

4. Discuss the role of alternative approaches to justice in achieving justice for First Nations Peoples.

5. Assess the effectiveness of non-government and Aboriginal community-controlled organisations in achieving justice for First Nations Peoples.

6. Describe the barriers First Nations Peoples face in achieving justice.

Extended-response question

Evaluate the effectiveness of legal and non-legal responses in achieving justice for Aboriginal and Torres Strait Islander Peoples since the 1967 Referendum.

Marking criteria for extended-response questions can be found on the Cambridge GO website. Refer to these criteria when planning and writing your responses.Figure 17.5.1 Gracie’s Grannies, an Aboriginal dance group based in Western Sydney was formed by Aunty Rita Wright, a stolen generation survivor in honour of her mother, Grace.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

102

CHAPTER

SA D I M GI PL T A E L C -O H N AP L Y TE R S

20

Older people

ABOUT THIS CHAPTER

This chapter has a “formative assessment” focus, giving students an opportunity to develop their skills in assessing, evaluating and communicating the legal issues inherent in the experience of older Australians. It provides an overview of the characteristics, issues and challenges lawmakers face when ensuring the law responds to the challenges and needs of older people. It also outlines the nature of this experience for older people, their access to justice and the responsiveness of the legal system to the issues that older people face.

The chapter adopts an “action research” approach, allowing students to complete a second case study on a group that has a unique experience with the law in Australia. A brief overview of the syllabus content provides foundational knowledge before students undertake deeper investigation under teacher guidance and in accordance with syllabus standards and requirements.

Sample research-based questions are provided at the end of the chapter to support students in further researching, critically analysing and communicating the effectiveness of the law in achieving justice for culturally and linguistically diverse people.

The opportunity to develop and investigate their own research questions encourages students to think more deeply about the challenges older Australians may face when interacting with the legal system and the extent to which the law responds to their needs.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

103

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: describe the reasons older people may need protection under the law describe the reasons for which older people encounter the legal system explain the issues older people experience when they have contact with the law outline the international and domestic legal protections for older people describe the functions of authorities that advocate for and protect the rights of older people describe how older people encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods describe alternative approaches to justice available to older people identify non-government organisations that represent the interests of older people describe the roles non-government organisations fulfil analyse the indicators used to measure the success of achieving justice for older people analyse the barriers that prevent older people from achieving justice within the legal system.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • • • • • • • • • •

RELEVANT LAW

IMPORTANT LEGISLATION

Aged Care Act 2024 (Cth) Social Security Act 1991 (Cth) Ageing and Disability Commissioner Act 2019 (NSW) Age Discrimination Act 2004 (Cth) Anti-Discrimination Act 1977 (NSW) Fair Work Act 2009 (Cth) Health Care Complaints Act 1993 (NSW)

SIGNIFICANT CASES

The following cases are not referred to in the chapter text but provide a sample of cases that protected the rights of older Australians in regard to workplace dignity, asset protection and accountability relating to enduring powers of attorney.

Gutierrez v Maritime Services Pty Ltd [2021] FCCA (and subsequent appeals) (Compulsory retirement) Qantas Airways Ltd v Christie (1998) 193 CLR 280 (Age discrimination) Spink v Spink [2023] NSWSC (The breakdown of an informal family care arrangement) Suh v Cho [2022] NSWCA 186 (Money transferred from an older relative to younger family members) Badman v Drake [2014] NSWSC 1447 (Abuse of an enduring power of attorney) P v NSW Trustee and Guardian [2015] NSWCA 325 (Challenging financial management and guardianship orders)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

104

Cambridge Legal Studies Stage 6 Year 11

20.1 Introduction LEARNING OBJECTIVE 20.1 DEFINE what is meant by being an older person.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In Australia, there is no single legal definition of an `older Australian’. Different laws, government agencies and services use different age thresholds depending on their purpose. As a result, a person may be considered an older Australian under one law or policy but not under another.

Age thresholds also change depending on the area of an older person’s life that is being regulated. For example:

• Aged care legislation – Under the Aged Care Act 2024 (Cth) eligibility for government-funded aged care services (e.g. My Aged Care) sets the standard legal benchmark at 65 years and over for the general population and 50 years for Aboriginal and Torres Strait Islander people.

• Social security and pensions – These are regulated under the Social Security Act 1991 (Cth) and define an older Australian by their eligibility for government assistance. To receive the age pension a person must be 67 years or older.

• Superannuation law (preservation age) – Under Australian superannuation laws, a person may be able to access their superannuation once they reach their preservation age and meet the relevant conditions of release. Preservation age varies depending on a person’s date of birth. Most people can access their superannuation without meeting a retirement condition once they reach the age of 65.

• Data collection and statistical insights – The Australian Bureau of Statistics (ABS) and the Australian Institute of Health and Welfare (AIHW) officially define “older Australians” as those aged 65 and over, and Aboriginal and Torres Strait Islander people aged 50 years and over, for statistical and policy purposes.

This chapter takes an “action research” approach for students to complete a second case study of a group that have a unique experience with the law in Australia. A brief overview of the syllabus content is presented to provide base knowledge for students to go deeper through an action research approach guided by their teacher and aligned to the syllabus standards and requirements.

Some sample research-based questions are provided at the end of the chapter to allow students to further research, critically analyse and communicate the effectiveness of the law in providing justice for older people within our communities.

Figure 20.1.1 Aged care is support provided to older individuals who need help with everyday living, personal care or medical needs.

This chapter should be completed under the direction of your Legal Studies teacher. Allowing students to construct their own research questions provides a further opportunity for students to reflect more deeply about the issues and the challenges that may present for the lives of older Australians when they encounter the legal system.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

105

THE NATURE OF THE EXPERIENCE 20.2 The need for protection under the law LEARNING OBJECTIVE 20.2

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE the reasons older people may need protection under the law.

Older Australians make a significant contribution to Australian society. However, as people age, they may experience legal issues and challenges associated with changing health, financial circumstances, housing needs and access to services.

These challenges can raise questions about whether existing laws provide sufficient protection and support.

Legal protections for older Australians are designed to support and safeguard their rights, dignity and autonomy. These protections aim to reduce the risk of harm, discrimination, exploitation and abuse while recognising that older people continue to make independent decisions about their lives.

Elder abuse

Elder abuse is a distinct and complex issue that is often difficult to identify because it frequently occurs in private settings and may involve a person whom the older individual trusts, such as a family member, friend, partner or carer. Elder abuse can take many forms, including: • • • • •

financial abuse psychological or emotional abuse physical abuse sexual abuse neglect.

You can read more about this at the following websites:

• “Protecting the Rights of Older People”, Attorney General Department, https:// cambridge.edu.au/redirect/12178 • “National Elder Abuse Prevalence Study: Final Report”, Australian Institute of Family Studies, https://cambridge.edu.au/redirect/12179 • “Elder Abuse – A National Legal Response”, Australian Law Reform Commission (ALRC), https://cambridge.edu.au/redirect/12180.

Figure 20.2.1 Cybercriminals take advantage of some older Australian’s challenges with evolving digital platforms.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

106

Cambridge Legal Studies Stage 6 Year 11

Vulnerability in aged care When older Australians access Commonwealth-subsidised aged care services, including residential aged care facilities or home care packages, they encounter a complex system of providers, regulations and support services. In some situations, imbalances in knowledge, resources or decision-making power can make it difficult for individuals to advocate for their rights.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The Royal Commission into Aged Care Quality and Safety (2018 -2021) identified significant shortcomings in Australia’s aged care system, including instances of neglect, poor-quality care and weaknesses in regulatory oversight. The Commission made 148 recommendations and called for a shift towards a rights-based approach that places the needs, dignity and wellbeing of older people at the centre of aged care law and policy. The reforms that followed provide an opportunity to evaluate how effectively the legal system responds to emerging social issues. The report is available at https://cambridge.edu.au/redirect/12181.

One significant outcome of the Royal Commission into Aged Care Quality and Safety was the introduction of the Aged Care Act 2024 (Cth) The Act adopts a “rights-based” approach by recognising the rights of older people receiving aged care services and imposing legal obligations on providers. These protections are intended to help safeguard older people from abuse, neglect and other forms of harm while promoting dignity, independence and quality of care.

Workplace and social age discrimination

Older workers can encounter systemic barriers in the workforce, including negative stereotypes about age, difficulties accessing new job opportunities, and pressure to retire earlier than they would prefer. These experiences can severely impact their financial security leading into retirement. The Age Discrimination Act 2004 (Cth) prohibits age discrimination in areas such as employment, education, accommodation, and the provision of goods and services. The legislation aims to promote equal opportunity and protect individuals from unfair treatment based on age. The Act ensures older Australians who want to work or participate in society can do so on an equal playing field. You can see a fact sheet about this at https:// cambridge.edu.au/redirect/12182.

Cognitive decline and decision-making autonomy

Some older people experience cognitive conditions such as dementia or Alzheimer’s disease, which may affect their ability to make certain decisions independently.

Where a person’s decision-making capacity is impaired, they may become more vulnerable to exploitation, financial abuse or undue influence. The challenge for the law is to balance protection with autonomy where a person’s future wishes are respected, even if they can no longer articulate them.

Legal instruments, such as enduring powers of attorney, enduring guardianships and advance care directives, are legally binding documents that can be put in place to manage this stage of a person’s life. These legal instruments allow individuals to nominate trusted people to make decisions on their behalf if they lose decisionmaking capacity in the future. These representatives are generally required to act according to legal duties and in the person’s interests.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

107

There are a range of state and territory Civil and Administrative Tribunals such as: • VCAT: Victorian Civil and Administrative Tribunal • NCAT: New South Wales Civil and Administrative Tribunal • QCAT: Queensland Civil and Administrative Tribunal.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

These Civil and Administrative Tribunals play an important role in resolving disputes and reviewing decisions relating to guardianship, administration and powers of attorney. The laws governing these arrangements are made by state and territory parliaments and differ across jurisdictions. In New South Wales, this is regulated in New South Wales through the Powers of Attorney Act 2003 (NSW).

Digital exclusion and scams

As government services (e.g. MyGov and Medicare), banking, essential untilities and many everyday transactions increasingly move online, some older Australians may face challenges accessing digital technologies or developing digital skills.

Cybercriminals commonly target older Australians through online scams and fraud schemes. Criminals may attempt to exploit varying levels of digital confidence, financial resources or social isolation.

Consumer protection laws, privacy legislation and banking industry codes of practice establish protections for individuals who experience fraud or identity theft. These measures may assist victims in seeking remedies, although recovering financial losses can sometimes be difficult. Prevention is a better solution than trying to recover the losses that occur for older Australians.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

108

Cambridge Legal Studies Stage 6 Year 11

20.3 Reasons for encountering the legal system LEARNING OBJECTIVE 20.3 DESCRIBE the reasons for which older people encounter the legal system.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

As people move through different stages of life, their interactions with the legal system often change. Older Australians may increasingly engage with legal issues relating to health care, future planning, housing, family relationships, financial management and aged care services.

Future planning and loss of capacity

• Wills and estate administration – creating, updating or, in some cases, contesting wills to determine how a person’s assets will be distributed after their death • Powers of attorney and guardianship – designating a trusted individual to make certain financial, medical, personal or lifestyle decisions if a person loses decisionmaking capacity, subject to relevant laws and safeguards.

• Advance care directives – legally binding documents that outline a person’s specific preferences for medical treatment and end-of-life care.

Elder abuse and exploitation

Some older Australians may experience circumstances such as social isolation, declining health or reduced decision-making capacity that can increase their vulnerability and the risk of abuse, neglect or exploitation.

• Financial exploitation – This may involve the misuse of an older person’s money, property or assets without their informed consent. This is a significant form of elder abuse that can have serious financial and emotional consequences. Research has found that elder abuse often involves a person known to and trusted by the older individual, such as a family member, partner or carer.

• Family and domestic violence – Older Australians may experience family violence, coercive control or abuse within family relationships. Legal responses can include protection orders, police intervention and support services.

• Scams and consumer fraud – Some older Australians are targeted by online scams, including investment fraud, remote-access scams and romance scams (‘sweetheart’). Addressing these offences may involve criminal law, consumer protection laws and regulatory agencies.

Housing and aged care contracts

When older Australians transition away from independent living, making alternative housing and aged care arrangements can involve complex legal agreements that affect a person’s rights, finances and living arrangements. In some cases, these agreements may give rise to disputes requiring legal advice or resolution. The two main types that frequently end up with disputes are:

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

109

• Retirement villages and nursing homes – Residents may need to review and sign detailed agreements covering fees (entry, ongoing and exit fees), services, accommodation arrangements and resident rights.

• Assets for care arrangements – Informal family agreements in which an older person transfers money, property or other assets to a family member in return for accommodation, care or support. These arrangements can create legal disputes if expectations are unclear or not documented.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Age discrimination and protecting legal rights

Many older Australians interact with the legal system to protect their civil and financial rights, resolve disputes and seek access to government services and legal remedies. Typical examples include:

• Age discrimination in employment – older workers may experience unfair treatment in recruitment, promotion, training opportunities or termination of employment because of their age. Legal protections are provided under antidiscrimination legislation such as the Age Discrimination Act 2004 (Cth).

• Government benefits and pensions – older Australians may seek reviews or appeals of decisions relating to social security payments, pension eligibility, aged care funding or access to government concessions.

It should be noted that while older Australians may encounter the criminal justice system in a variety of roles, their interactions with the legal system more commonly involve civil, administrative and family law matters. These may include discrimination complaints, guardianship issues, consumer disputes, aged care concerns, family violence matters and applications relating to government services and benefits.

Figure 20.3.1 Creating and updating wills is one very common way that older Australians will encounter the legal system.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

110

Cambridge Legal Studies Stage 6 Year 11

20.4 Issues arising from contact with the law LEARNING OBJECTIVE 20.4 EXPLAIN the issues older people experience when they have contact with the law.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

When interacting with the legal system as complainants, witnesses, litigants or parties to legal proceedings, some older Australians may face barriers that affect their ability to access justice. These barriers may be physical, financial, technological or related to decision-making capacity.

Key challenges may include:

• elder abuse, neglect and financial exploitation, particularly where the abuse involves a trusted family member, partner or carer • barriers to accessing legal services, including limited digital literacy, difficulties navigating multiple support services, reduced mobility and geographic isolation, particularly in regional and remote communities • cognitive impairment, which may affect a person’s ability to understand legal information, make informed decisions or provide legal instructions • vulnerability within institutional settings, particularly aged care services, where concerns about quality of care, neglect and regulatory oversight have prompted significant legal reform following the Royal Commission into Aged Care Quality and Safety (2018 -2021) • financial barriers, where some older Australians may face challenges accessing affordable legal representation or legal assistance services.

These challenges raise important questions about whether legal institutions and laws are responsive to the needs of older Australians and whether access to justice is available on an equal basis for all members of the community.

Figure 20.4.1 Contact with the law can be very challenging for older Australians.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

111

ACCESS TO JUSTICE 20.5 Protection under the law LEARNING OBJECTIVE 20.5

SA D I M GI PL T A E L C -O H N AP L Y TE R S

OUTLINE the international and domestic legal protections for older people.

Domestic protections

Domestic laws provide important legal protections that support the rights, safety, autonomy and fair treatment of older people. These include:

• Aged Care Act 2024 (Cth) – The Act introduced significant reforms to Australia’s aged care system and adopts a rights-based approach that places the rights and wellbeing of older people at the centre of aged care services. Some of its key provisions include: – a Statement of Rights that recognises and protects the rights of older people, including rights relating to independence, autonomy, privacy and participation in decisions affecting their care – strengthened quality standards designed to improve the quality and safety of care, including standards relating to clinical care, nutrition and support services – enhanced safeguards through robust whistleblower protections for residents, families and staff who speak up against poor care and the ability of the Aged Care Quality and Safety Commission to apply heavy civil penalties to punish a non-compliant provider.

• Ageing and Disability Commissioner Act 2019 (NSW) – While the AntiDiscrimination Act deals with fairness in public life, the Ageing and Disability Commissioner Act established the Ageing and Disability Commission to help prevent and respond to allegations of abuse, neglect and exploitation affecting older people and adults with disability in New South Wales.

• Age Discrimination Act 2004 (Cth) – This federal law prohibits age discrimination in areas such as employment (e.g. forced retirement, hiring discrimination), education, accommodation and accessing goods or services.

• Disability Discrimination Act 1992 (Cth) – Some older Australians may experience disabilities that affect mobility, communication or decision-making. The Act provides protections against disability discrimination and supports equal participation in society.

• Anti-Discrimination Act 1977 (NSW) – This is the primary state-level legislation that makes it illegal to discriminate against individuals in New South Wales based on specific traits, including age (under Part 4G) and disability. Similar anti-discrimination legislation operates in other Australian states and territories.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

112

Cambridge Legal Studies Stage 6 Year 11

International protections Unlike children, women and people with disabilities, older persons are not currently protected by a dedicated United Nations convention. Older Australians are protected indirectly through a range of international human rights treaties that Australia has ratified. These treaties influence Australian law and policy, although they do not automatically create enforceable rights within Australia.

These include:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• Universal Declaration of Human Rights (UDHR), which recognises fundamental human rights and freedoms • International Covenant on Civil and Political Rights (ICCPR), which protects rights such as equality before the law and freedom from discrimination • International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognises rights relating to health, social security and an adequate standard of living.

Organisations such as the Law Council of Australia and the Australian Human Rights Commission have supported international efforts to develop a dedicated Convention on the Rights of Older Persons. Supporters argue that such a convention could strengthen international protections and address gaps in existing human rights frameworks.

Figure 20.5.1 There is no standalone, dedicated international convention for older persons, but as their needs are unique and varied, some experts recommend the creation of one.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

113

20.6 Authorities that advocate for rights LEARNING OBJECTIVE 20.6

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE the functions of authorities that advocate for and protect the rights of older people.

In Australia, a network of government authorities, independent commissions and nonprofit organisations advocate for the rights, dignity and wellbeing of older Australians.

These bodies help protect older Australians from ageism, abuse and systemic neglect, especially within health and aged care systems, by promoting rights, investigating complaints, monitoring compliance and advocating for legal and policy reforms.

These organisations perform different functions within the legal system. Some have regulatory or investigative powers, while others provide advocacy, education, support services or policy advice.

Statutory authorities and government commissions

• Aged Care Quality and Safety Commission – This is the national regulator for all government-funded aged care services. It monitors compliance, investigates complaints and enforces the Statement of Rights under the Aged Care Act 2024 (Cth) to ensure providers treat older Australians with dignity and respect.

• Australian Human Rights Commission – Led nationally by the Age Discrimination Commissioner, the Commission promotes human rights, raises awareness about age discrimination and investigates complaints related to age discrimination in areas such as employment and public life.

• State-based ageing and disability commissions – Some states and territories have specialist agencies that investigate concerns relating to older people and people with disability. For instance, the NSW Ageing and Disability Commission specifically investigates allegations of abuse, neglect and exploitation of older people in community and domestic settings.

Specialised advocacy agencies (rights-based)

These groups offer direct, confidential and individual support to older people navigating aged care or facing legal or personal rights violations.

• Older Persons Advocacy Network (OPAN) – Funded by the Australian Government under the National Aged Care Advocacy Program, OPAN is a national advocacy network that delivers free, independent and confidential support to help older people understand and exercise their rights or resolve issues with aged care services. OPAN operates via state and territory member organisations.

• Seniors Rights Service (NSW) is an independent, community-based organisation that provides free and confidential legal advice, aged care advocacy and education services for older people across New South Wales.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

114

Cambridge Legal Studies Stage 6 Year 11

Peak groups

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• Council on the Ageing Australia (COTA) – A national peak body that represents the rights, needs and interests of older Australians. COTA advocates for policy reform in areas such as pensions, housing, digital inclusion and health care reform.

• National Seniors Australia – A large independent, consumer-focused organisation that advocates for older Australians on issues including economic security, healthcare affordability and systemic age discrimination.

• National Aboriginal and Torres Strait Islander Ageing and Aged Care Council – The Council advocates for culturally safe, high-quality care and supports the rights and wellbeing of older Aboriginal and Torres Strait Islander people.

• Federation of Ethnic Communities’ Councils of Australia – This body advocates for accessible, language-appropriate and culturally sensitive services for people from culturally and linguistically diverse backgrounds, including older Australians.

• LGBTIQ+ Health Australia – This body drives policy reform and provides training to ensure older members of the LGBTIQ+ community face no discrimination or alienation within the care system.

Figure 20.6.1 Specialised agencies and government bodies advocate for the rights of older Australians.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

115

20.7 Contact with legal processes LEARNING OBJECTIVE 20.7

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE how older people encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods.

Law enforcement agencies

Navigating the legal system as an older Australian involves dealing with specialised protective frameworks, family law issues, elder abuse prevention and future planning.

Australia’s legal response is highly decentralised and split across Commonwealth laws, state/territory courts, specialised tribunals and alternative dispute resolution bodies.

There is no single criminal offence called “elder abuse” under Australian law. Instead, police investigate specific offences committed against an older person under state legislation (e.g. the Crimes Act 1900 (NSW)). These offences can include fraud and other financial crimes, assault, intimidation, stalking, coercive control and offences related to domestic and family violence. Crimes committed against older Australians may, depending on the circumstances, be treated as an aggravating factor during sentencing, particularly where the offender has taken advantage of a person’s age, vulnerability or dependence.

Courts or tribunals and dispute resolution methods

Older Australians may interact with a range of legal institutions, including police and magistrates’ courts, and tribunals. These can be for matters relating to asset recovery and equitable claims. Disputes arising from family accommodation arrangements, including granny flat agreements, may involve property, contractual or equitable claims and can be heard in civil courts depending on their complexity.

The Federal Circuit and Family Court of Australia may hear matters involving grandparents seeking to maintain contact with their grandchildren, particularly following family separation, conflict or changes in caregiving arrangements.

The NSW Civil and Administrative Tribunal (NCAT) deals with a range of matters affecting older people, including guardianship, financial management, retirement village disputes and applications relating to powers of attorney.

Many disputes involving older Australians are resolved through alternative dispute resolution processes such as mediation and conciliation.

These methods can provide less formal, less costly and more accessible pathways for resolving family, consumer and aged care disputes without proceeding to a full court hearing.

Figure 20.7.1 Australians will continue to encounter police agencies and courts as they age.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

116

Cambridge Legal Studies Stage 6 Year 11

20.8 Alternative approaches to justice LEARNING OBJECTIVE 20.8 DESCRIBE alternative approaches to justice available to older people.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

There are several alternative approaches and specialised supports within the Australian and NSW justice systems designed to address the unique needs of older Australians outside of a courtroom and support the resolution of disputes in a less formal setting. Some examples include:

• Elder mediation – This is a specialised form of mediation involving the older person, family members and a neutral mediator. It can help address sensitive issues such as driving cessation, moving into residential aged care or dividing caregiving responsibilities among siblings. Elder mediation may be provided by organisations such as Relationships Australia and other accredited mediation services.

• Family Relationship Centres – Government-funded centres that provide low-cost or free mediation services and provide a range of other services such as helping grandparents navigate access to grandchildren.

Figure 20.8.1 Specialised elder mediation may help to meet the needs of older Australians.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

117

20.9 The role of non-government organisations LEARNING OBJECTIVE 20.9 IDENTIFY non-government organisations that represent the interests of older people.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE the roles non-government organisations fulfil.

Non-government organisations (NGOs) play an important role in Australia’s aged care landscape. While the federal government provides substantial funding and regulatory frameworks (such as the My Aged Care system), NGOs address the service gaps, advocate for the rights of older Australians and provide localised support and services.

Some of these were discussed earlier and include: • Older Persons Advocacy Network • Council on the Ageing Australia.

Other NGOs provide direct care and support services, including Meals on Wheels, UnitingCare Australia and Salvation Army Aged Care.

Some NGOs provide services that complement government-funded programs by supporting the cultural, linguistic and health needs of diverse groups of older Australians. Organisations such as Dementia Australia, LGBTIQ+ Health Australia and Partners in Culturally Appropriate Care Alliance provide specialised expertise and support in these areas. They train mainstream providers to deliver culturally safe and sensitive care to older Australians from culturally and linguistically diverse backgrounds or marginalised communities.

Figure 20.9.1 Food delivery services can be of enormous help to older Australians.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

118

Cambridge Legal Studies Stage 6 Year 11

RESPONSIVENESS OF THE LEGAL SYSTEM 20.10 Indicators of success in achieving justice LEARNING OBJECTIVE 20.10

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the indicators used to measure the success of achieving justice for older people.

Achieving justice for older Australians is a multifaceted goal. It spans the legal system, aged care, healthcare and community safety. Because “justice” for an ageing population includes autonomy, freedom from abuse and equal access to the law, success is measured through a combination of legal reform, social benchmarks and institutional accountability.

Here are some of the key indicators of success, categorised by how they impact the individual and the system:

• Reduction in the prevalence and reporting of elder abuse – In the short term, an increase in reports via national helplines (e.g. 1800ELDERHelp) indicates improved community awareness and trust in the system. Long-term success, however, is marked by a downward trend in overall prevalence, reducing the prevalence of elder abuse from the level identified by the National Elder Abuse Prevalence Study. This study is available online at https://cambridge.edu.au/redirect/12183.

• Improved access to justice and legal representation – Older Australians particularly those in regional, rural and remote areas often have limited access to solicitors.

• Systemic reductions in age discrimination – Age discrimination can negatively affect employment opportunities, financial security and social participation for older Australians.

Evidence of reductions can be found in complaint data, workplace outcomes and community surveys.

ltimately, justice for older Australians will U be reflected in maintained autonomy. That is supporting an older person’s ability to make their own choices, control their own assets and live free from abuse, exploitation and coercion through effective legal protections and support services.

Figure 20.10.1 Justice for older Australians requires autonomy and safety.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

119

20.11 Barriers to achieving justice LEARNING OBJECTIVE 20.11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the barriers that prevent older people from achieving justice within the legal system.

Achieving justice can be a highly complex and daunting task for older Australians.

Extensive research from organisations such as the Australian Law and Justice Foundation, the Older Persons Advocacy Network, and findings from the Royal Commission into Aged Care Quality and Safety have highlighted several systemic, personal and institutional barriers.

• Cognitive, physical and communication challenges – Some older Australians may experience health conditions, including dementia, that affect their ability to understand legal information, make decisions or navigate complex legal processes.

• Physical and sensory impairments – Things such as hearing loss, vision impairment and limited physical mobility make physically attending court, consulting with lawyers or enduring long legal processes physically exhausting or inaccessible.

• Psychological and interpersonal barriers – Barriers can present when older Australians fear retribution when they are dependent on family members for daily care. Elder abuse often involves a person known to and trusted by the older individual, such as a family member, partner or carer. Shame, guilt, family loyalty or the desire to maintain a relationship with grandchildren frequently prevents older people from reporting crimes.

• Reluctance to complain – Studies show a strong generational trend toward selfreliance or a general mistrust/dislike of the formal court system, leading many to stay quiet about injustices.

• Systemic and institutional barriers – The design of modern legal and administrative frameworks often fails to accommodate older populations. Examples include the digital divide, age-based stereotypes and difficulties navigating multiple services and support systems.

• Financial constraints – Legal representation can be costly, creating barriers for some older Australians seeking legal advice or assistance. Many older individuals do not qualify for Legal Aid but cannot afford private lawyers, trapping them in a gap where they must self-represent.

• Language and cultural barriers – Older Australians from culturally and linguistically diverse backgrounds face difficulties when there is a lack of professional interpreters or culturally competent legal advice.

• Geographic isolation – Older Australians living in rural, regional or remote areas may have reduced access to Figure 20.11.1 Older Australians who live in rural or remote local legal services, advocacy groups or court options locations may struggle to access the same resources as those compared with people living in metropolitan areas. who live in larger cities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

120

Cambridge Legal Studies Stage 6 Year 11

End of chapter Resources National Ageing Research Institute – This is an independent research body specialising in clinical and social research into ageing. It conducts translational studies on healthy ageing, dementia, health systems evaluation, clinical care and elder abuse. https:// www.nari.net.au Productive Ageing Institute (by National Seniors Australia) – This is the research arm of National Seniors Australia. It publishes research reports on issues affecting older Australians, including workforce participation, age discrimination, cost of living, housing and retirement income. https://productiveageinginstitute.org.au Australian Institute of Health and Welfare: Older Australians section – This section provides raw statistics and synthesis reports regarding older Australians. It tracks metrics across demographic changes, health statuses, disease prevalence, housing and disability. https://www.aihw.gov.au GEN Aged Care Data – This is an initiative developed by the Australian Institute of Health and Welfare and the Department of Health. A highly specific data repository mapping how the Australian aged care system functions, and its capacity, funding and consumer pathways. https://www.gen-agedcaredata.gov.au Australian Institute of Family Studies – This government research agency conducts research on family wellbeing, relationships and social issues, including elder abuse, social isolation and grandparent caregiving in Australia https://aifs.gov.au Older Persons Advocacy Network (OPAN) – This is a national network providing advocacy services directly to older individuals. Their annual National Aged Care Advocacy Program reports offer firsthand, qualitative research into systemic failures, human rights breaches and legal barriers facing older citizens. https://opan.org.au Council on the Ageing Australia – A national advocacy organisation representing the interests of older Australians. They regularly publish policy papers, consumer surveys and systemic submissions regarding ageism, digital inclusion and legislative reform. https://www.cota.org.au Aged Care Quality and Safety Commission – This is the national regulator that publishes complaints data, performance reports of aged care providers, and strict regulatory research relating to safety and quality standard compliance. https://www. agedcarequality.gov.au

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

•

•

•

•

•

•

•

Sample research-based questions

You should refer to the Legal Studies 11 -12 Syllabus (2025), which outlines the key themes (to be understood) and skills (to be developed) throughout the preliminary course. Your answer should also include relevant international law, legislation and legal cases where appropriate. Reference can also be made to media cases to support your argument. These questions should be undertaken with guidance from your teacher.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 20: Older people

121

Question 1 To what extent do current state and federal legal frameworks effectively protect older Australians from elder abuse, including the misuse of enduring powers of attorney?

Consideration when undertaking your research

SA D I M GI PL T A E L C -O H N AP L Y TE R S

This question allows you to explore the tension between family law, criminal law, property law and laws governing substitute decision-making arrangements. The Royal Commission into Aged Care Quality and Safety (Final Report) exposed systemic neglect and recommended sweeping changes such as a legally enforceable Statement of Rights for Older Australians, strengthened Aged Care Quality Standards and the Support at Home Program.

Review the effectiveness of state-based tribunals such as the NSW Civil and Administrative Tribunal and federal bodies such as the Aged Care Quality and Safety Commission regarding enforceability, whistle-blower protections and transparency of institutions that engage with older Australians.

Question 2

Evaluate the effectiveness of legal reforms introduced following the Royal Commission into Aged Care Quality and Safety in protecting the rights of older Australians in residential care.

Consideration when undertaking your research

The Aged Care Act 2024 (Cth) introduced significant reforms following recommendations of the Royal Commission into Aged Care Quality and Safety. It has an underlying principle of upholding older Australians’ human rights. Accompanying this is the enforcement powers of the Aged Care Quality and Safety Commission and whether legislative changes have successfully transitioned care from a “provider-regulated” model to a “rightsbased” model.

Question 3

Assess the effectiveness of the Age Discrimination Act 2004 (Cth) in addressing systemic ageism and securing equal employment opportunities for older Australians.

Consideration when undertaking your research

Areas for investigation for this question can be the extent of the powers of the Act, the burden of proof required to establish age discrimination, the role of the Australian Human Rights Commission in ensuring compliance with the Act, the economic and social implications of premature workforce exclusion, and other forms of age discrimination.

Question 4

To what extent has the increasing digitisation of the Australian legal system and government services affected access to justice for older Australians?

Consideration when undertaking your research

The “digital divide” includes the shift toward online court hearings and digital tribunals and how reliance on digital platforms (e.g. MyGov or online legal aid resources) may inadvertently marginalise older individuals who lack digital literacy or the required

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

122

Cambridge Legal Studies Stage 6 Year 11

hardware to access digital services. This includes the vulnerably of exposure to digital scams that frequently target older Australians. Explore non-legal responses to this such as The Be Connected Initiative for Over 50s. Programs such as Young Mentors pair secondary students with older Australians to teach digital skills in a patient, personalised environment.

Explore the extent to which the eSafety Commissioner and the National Anti-Scam Centre run by the ACCC cater for older Australians.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Question 5 Work with your teacher to develop your own research-based question in an area of interest to you. Reference the question against the Legal Studies 11–12 (2025) content and Legal Themes and Skills.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

123

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Chapter 20: Older people

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

124

CHAPTER

SA D I M GI PL T A E L C -O H N AP L Y TE R S

22

People experiencing economic disadvantage

Enhance your learning with these integrated online resources: Digital workbook

• • •

Suggested responses Download or answer questions online Writing focus worksheets

Videos

• • •

Chapter tests Exam Generator Planning documents

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

125

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: •

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

describe the reasons people experiencing economic disadvantage may need protection under the law describe the circumstances in which people experiencing economic disadvantage encounter the legal system explain the issues people experiencing economic disadvantage experience when they interact with the law outline the international and domestic legal protections for people experiencing economic disadvantage describe the functions of authorities that advocate for and protect the rights of people experiencing economic disadvantage describe how people experiencing economic disadvantage encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods describe alternative approaches to justice available to people experiencing economic disadvantage identify non-government organisations that represent the interests of people experiencing economic disadvantage describe the roles non-government organisations fulfil analyse the indicators used to measure whether justice is achieved for people experiencing economic disadvantage analyse the barriers that prevent people experiencing economic disadvantage from achieving justice within the legal system.

• • • •

• • • • •

RELEVANT LAW

IMPORTANT LEGISLATION

Residential Tenancies Act 2010 (NSW) Fair Work Act 2009 (Cth) Competition and Consumer Act 2010 (Cth) Anti-Discrimination Act 1977 (NSW) Social Security Act 1991 (Cth) Housing Act 2001 (NSW) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Disability Discrimination Act 1992 (Cth) Age Discrimination Act 2004 (Cth)

Australian Human Rights Commission Act 1986 (Cth) Legal Aid Commission Act 1979 (NSW) Social Security (Administration) Act 1999 (Cth)

INTERNATIONAL TREATIES, PROTOCOLS AND CONVENTIONS International Covenant on Economic, Social and Cultural Rights (1966)

SIGNIFICANT CASES

Cassandra Clark v Services Australia (2021) AAT Kelly v NSW Land and Housing Corporation (2018) NSWCATAP 154

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

126

Cambridge Legal Studies Stage 6 Year 11

THE NATURE OF THE EXPERIENCE 22.1 The need for protection under the law LEARNING OBJECTIVE 22.1

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE the reasons people experiencing economic disadvantage may need protection under the law

economic disadvantage the condition in which individuals or groups experience lower income, limited access to resources, and reduced opportunities compared to others

This chapter examines the legal rights of people who are economically disadvantaged in Australia and how these rights affect their ability to meet basic needs and participate fully in society. It explores the different supports and pathways available to individuals experiencing financial hardship, and how the legal system can assist them in accessing essential resources and opportunities. The chapter also considers the role of governments in helping people facing economic disadvantage. It examines situations where the rights of disadvantaged individuals are ignored or denied, and evaluates how effectively the legal system responds to and protects those affected.

Figure 22.1.1 This infographic highlights key findings from Poverty in Australia 2025, showing major poverty trends and the groups most affected across Australia in 2025.

ANALYSIS 22.1.1

Read the report “Poverty in Australia 2025 Overview” by the Australian Council of Social Service (ACOSS) at https:// cambridge.edu.au/redirect/11917 and answer the questions below.

1. Using the poverty line figures provided ($584 per week for a single adult and $1,226 for a couple with two children), what does the data suggest about the adequacy of current income support payments?

2. Poverty increased from 12.4% in 2020–21 to 14.2 per cent in 2022–23. How did the removal of COVID income support and rising rents help explain this increase?

3. The depth of poverty increased from $372 to $390 per week, and many payments remain far below the poverty line.

What does this reveal about the effectiveness of Australia’s social security system?

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

Writing focus 22.1 Question words note taking

scorcher

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Economically disadvantaged individuals are protected by a range of laws designed to prevent exploitation and ensure fairness. In New South Wales, the Residential Tenancies Act 2010 (NSW) protects renters from unfair eviction, regulates rental agreements and requires landlords to maintain safe living conditions. Workers are protected under the Fair Work Act 2009 (Cth), which establishes minimum wages, protects against unfair dismissal video widget reporting and enforces workplace rights. Consumers are protected by the Australian Consumer Law through the Competition and Consumer Act 2010 (Cth), which prohibits misleading conduct and unfair contract terms, helping to prevent unfair lending and scams. Additionally, anti‑ discrimination protections under the Anti-Discrimination Act 1977 (NSW) ensure individuals are not treated unfairly in employment, housing or when accessing services.

Together, these laws aim to uphold equality before the law and provide essential protections for those who may lack the financial resources to defend their rights independently.

127

quiz

questions

download word

download pdf

Figure 22.1.2 People rally in Sydney to draw attention to housing affordability crisis 9 September 2023.

ANALYSIS 22.1.2

Read the article “Advocates call for better measure of poverty, saying Australia’s approach falls short” (14 October 2023) at https://cambridge.edu.au/redirect/11918 and answer the questions below.

1. Identify the groups most likely to experience economic disadvantage in Australia.

2. Describe the challenges faced by Australians living in economic hardship, as highlighted in the article.

3. Explain how economic disadvantage can affect a person’s access to essential services.

REVIEW 22.1 Online quiz

Review questions

Access sample responses and results

Review 22.1 questions 1.

2.

3.

4.

Define economic disadvantage.

Summarise the key findings from Figure 22.1.1.

Outline the ways in which laws protect people who are economically disadvantaged.

Explain why people who are economically disadvantaged require protection under the law.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

128

nload word

download pdf

22.2 Reasons for encountering the legal system LEARNING OBJECTIVE 22.2 DESCRIBE the circumstances in which people experiencing economic disadvantage encounter the legal system

People experiencing economic disadvantage often face barriers that increase their likelihood of interacting with the legal system. Limited income can make it difficult to afford essential services such as housing, healthcare, education and transport, which can lead to legal issues such as eviction, unpaid fines or debt recovery. Financial stress may also push individuals into unsafe or unstable living situations, increasing their scorcher exposure to crime either as victims or as people accused of minor offences linked to poverty, such as shoplifting or fare evasion.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

Writing focus 22.2 Conjunctions note taking – (subordinating reasons why)

download pdf

People experiencing economic disadvantage may also struggle to access legal advice or representation, meaning small problems can escalate into more serious legal matters.

Additionally, complex government systems such as Centrelink, child support, tenancy law or employment disputes often require legal intervention when rights are misunderstood or denied. As a result, economic hardship increases both the need for legal support and the likelihood of legal conflict.

Groups that commonly encounter the legal system due to economic disadvantage include the following:

• People on low incomes who earn below the minimum wage or are living week to week often face financial difficulties in housing, debt recovery or utility disconnections.

• People receiving government income support, which includes support such as Jobseeker, Youth Allowance, Parenting Payment and Disability Support Pension, often encounter Centrelink disputes, overpayment claims or appeals to the Administrative Appeals Tribunal (ART).

• People who are unemployed may face housing security, fines for public transport or minor offences, and financial hardship related legal issues.

• Single‑parent families, particularly those experiencing financial hardship, may encounter the legal system through child support disputes, tenancy issues and family law matters.

• Women experiencing economic disadvantage are more likely to encounter the legal system because poverty increases their exposure to risk, reduces their access to support and makes everyday challenges more likely to escalate into legal problems. Limited financial resources can force women into unsafe housing or relationships, which increases the likelihood of domestic violence and subsequent police or court involvement. Economic hardship also makes it difficult to afford legal representation, pay fines or comply with court requirements, which can turn minor issues into more serious legal consequences.

• People experiencing homelessness or unstable housing often encounter the legal system due to public space offences, trespass, fines they cannot pay or eviction proceedings. Without stable housing, individuals may be forced to sleep in public spaces, loiter or trespass simply to meet basic needs, and these survival behaviours can lead to fines, charges or police intervention. Experiencing homelessness can increase vulnerability to victimisation, mental health crises and substance use issues, all of which can draw people into legal processes instead of supportive services.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• Young people from low‑income households may encounter the legal system because of family instability, school disengagement, greater contact with law enforcement and difficulties accessing legal support. Small issues escalate into legal problems when young people lack money, support and stable housing.

• Some First Nations people experience greater interaction with the legal system due to the ongoing effects of socio‑economic disadvantage, discrimination and disproportionate contact with policing and justice systems.

• Migrants and refugees experiencing financial hardship may encounter the legal system through employment exploitation, visa‑related issues and language barriers that can affect access to legal information and services.

• People with a disability may interact with the legal system as result of discrimination complaints, National Disability Insurance Scheme appeals, or barriers accessing various services such as legal aid.

129

Figure 22.2.1 Without stable housing, individuals may be forced to sleep in public spaces, loiter or trespass simply to meet basic needs

ANALYSIS 22.2.1

Go to www... read two case studies and answer the following questions.

1. Describe some of the experiences faced by people who are economically disadvantaged.

2. Outline the role of Community Legal Centres Australia.

REVIEW 22.2 Online quiz

Review questions

Access sample responses and results

Review 22.2 questions

1. Describe some of the experiences faced by people who are economically disadvantaged.

2. Identify some laws available that can protect people who are disadvantaged in our society.

3. Outline the reasons why certain disadvantaged groups within our society may encounter the legal system.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

130

nload word

download pdf

22.3 Issues arising from contact with the law LEARNING OBJECTIVE 22.3 EXPLAIN the issues people experiencing economic disadvantage experience when they interact with the law

SA D I M GI PL T A E L C -O H N AP L Y TE R S

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

Writing focus 22.3 Noun phrases note taking (identify)

download pdf

Debt and financial hardship

Unpaid fines, loan defaults, credit card debt, and utility arrears can result in court proceedings or enforcement action. Escalating fines can further entrench individuals in the legal system.

Access to social scorcher services

People seeking income support through Centrelink may face legal issues relating to strict eligibility requirements, complex application processes, delays, debt notices or decisions they wish to challenge through review processes.

Housing instability

Rental arrears may lead to eviction proceedings. Disputes with landlords over repairs, bond payments or lease agreements often require tribunal or court involvement.

Employment disputes

Low-income workers are more vulnerable to wage theft, unfair dismissal, unsafe working conditions or exploitation. Resolving these disputes may involve formal complaints or legal action.

Greater exposure to criminal law

Minor offences linked to poverty such as fare evasion or shoplifting can result in criminal charges. Over-policing in disadvantaged communities can also increase contact with law enforcement.

Family and social issues

Financial stress can contribute to family conflict, relationship breakdown and other circumstances that may result in involvement with family law or child protection processes.

Limited access to legal advice

Individuals who cannot afford private lawyers may rely on Legal Aid or represent themselves, increasing formal interaction with courts and tribunals.

Discrimination and exploitation

People experiencing economic disadvantage may face unfair treatment in housing, employment or access to services, requiring legal remedies under anti-discrimination or consumer protection laws.

Figure 22.3.1 Areas in which people experiencing economic disadvantage interact with the law

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

131

ANALYSIS 22.3.1 Read the following articles and answer the questions that follow.

• •

“Domestic violence victim-survivor and mother of three left without Centrelink payments after perpetrator exploited system” (21 July 2022) at https://cambridge.edu.au/redirect/11919 “Why ‘just getting a job’ when you’re on Centrelink isn’t always that simple” (19 November 2023) at https://cambridge.edu.au/redirect/11920.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Describe the legal issues that arise when Centrelink’s rules do not account for disability, trauma or unstable living conditions.

2. Compare how both articles show that people who experiences economic disadvantage face systemic barriers when interacting with government services.

3. Explain the impact of Centrelink decisions that deny individuals access to income support.

4. Discuss the ways in which these articles demonstrate that contact with the law is often shaped by poverty rather than criminal behaviour.

REVIEW 22.3 Online quiz

Review questions

Access sample responses and results

Review 22.3 questions

1. Identify the legal issues arising for people who are experiencing economic disadvantage.

2. Using examples, explain how people experiencing economic disadvantage may interact with the law.

Go online to assign and download questions, view results and more!

Figure 22.3.2 A homeless person begs for money in Melbourne’s central business district on 12 April 2023.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

132

eporting

note taking

ACCESS TO JUSTICE scorcher 22.4 Standards, rights and protections LEARNING OBJECTIVE 22.4 OUTLINE the international and domestic legal protections for people experiencing economic disadvantage

SA D I M GI PL T A E L C -O H N AP L Y TE R S

nload word

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

download pdf

People experiencing economic disadvantage rely on legal standards, rights and protections to ensure fair treatment when accessing essential services such as housing, employment and social security. These safeguards are designed to prevent discrimination and reduce the risk of vulnerable individuals being unfairly penalised or excluded from support systems. Both international and domestic laws have been created to safeguard these individuals, recognising that poverty increases vulnerability and that legal systems must actively protect their rights rather than deepen disadvantage.

International law

Writing focus 22.4 Transitional note taking phrases

International law recognises that poverty increases vulnerability and can prevent people from fully exercising their human rights. For example, the Universal Declaration of Human Rights (UDHR) recognises the right to a standard of living: scorcher

Universal Declaration of Human Rights Article 25

Everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family, including food, clothing, housing and medical care and necessary social services

download pdf

The International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR) establishes global standards for the protection of rights relating to housing, healthcare, education and social security: International Covenant on Economic, Social and Cultural Rights Article 11

The States Parties to the present Covenant [including Australia] recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

These frameworks place obligations on governments to reduce inequality and ensure that people experiencing economic disadvantage are treated with dignity and fairness.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

133

Domestic law

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Domestic law translates these international obligations into practical protections within Australia’s legal system. Legislation such as the Social Security Act 1991 (Cth), Fair Work Act 2009 (Cth) and anti‑discrimination laws aim to ensure fair access to income support, safe working conditions and equal treatment before the law.

These laws are designed to prevent people experiencing economic disadvantage from being unfairly penalised by administrative systems and to provide pathways for review, appeal and legal assistance when their rights are not upheld.

Figure 22.4.1 Delivery riders in Sydney, August 15 2026. Australia’s Fair Work Commission has mandated a minimum wage for on-demand delivery riders and drivers, effective 17 August, 2026.

Table 22.4.1 identifies international and domestic laws that protect those who are economically disadvantaged.

Australia gives practical effect to many rights contained in the UDHR and ICESCR through domestic legislation in areas such as social security, employment, housing, discrimination and access to justice. While these laws demonstrate a substantial commitment to international human rights standards, questions remain about whether protections are fully adequate in addressing systemic economic inequality.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

134

Cambridge Legal Studies Stage 6 Year 11

Table 22.4.1 International and domestic laws that protect those who are economically disadvantaged Legislation

How does the law protect the rights of those economically disadvantaged?

International law

Social Security Act 1991 (Cth)

Provides income support such as JobSeeker and Disability Support

UDHR Article 22 – Right to social security ICESCR Article 9 – Right to social security ICESCR Article 11 – Right to an adequate standard of living

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Pension to ensure a basic standard of living

Housing Act 2001 (NSW)

Promotes access to social and affordable housing

Aims to maximise access to safe, secure and appropriate housing for those with the greatest needs

Fair Work Act 2009 (Cth)

Establishes minimum wages and protects against unfair dismissal

UDHR Article 25 – Right to an adequate standard of living (food, housing, medical care)

UDHR Article 23 – Right to work, just and favourable conditions ICESCR Article 6 – Right to work

ICESCR Article 7 – Fair wages and safe conditions

Anti-discrimination laws

Racial Discrimination Act 1975 (Cth)

Promotes substantive equality, particularly for disadvantaged groups

UDHR Article 2 – Freedom from discrimination

UDHR Article 7 – Equality before the law

Sex Discrimination Act 1984 (Cth)

ICESCR Article 2(2) – Non-discrimination

Disability Discrimination Act 1992 (Cth) Age Discrimination Act 2004 (Cth)

Australian Human Rights Commission Act 1986 (Cth) Anti-Discrimination Act 1977 (NSW)

Residential Tenancies Act 2010 (NSW)

Protects tenants from unfair eviction and unsafe conditions

UDHR Article 25 – Adequate standard of living including housing ICESCR Article 11 – Right to adequate housing

Legal Aid Commission Act 1979 (NSW)

Ensures disadvantaged individuals can access representation and fair trials

UDHR Article 8 – Right to an effective remedy

UDHR Article 10 – Right to a fair hearing

REVIEW 22.4 Online quiz

Review questions

Access sample responses and results

Review 22.4 questions

1. Outline how international law recognises people who are economically disadvantaged.

2. Explain how domestic law protects international obligations within the Australian legal system.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage quiz

questions

download word

135

download pdf

22.5 Advocates for rights LEARNING OBJECTIVE 22.5 DESCRIBE the functions of authorities that advocate for and protect the rights of people experiencing economic disadvantage

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Domestic organisations Community legal centres

Community legal centres provide free and low-cost legal advice and legal representation to members of their local communities, and especially to people widget reporting experiencing disadvantage orvideo hardship. Specialist community legal centres that provide support in matters related to economic disadvantage include: • • • • • • • •

Welfare Rights Legal Centre Financial Rights Legal Centre Justice and Equity Centre Economic Justice Australia Women’s Legal Service NSW Youth Law Australia Debt Help) Social Security Rights Victoria quiz (Social Security questions Aboriginal Legal Service NSW/ACT.

download word

Writing focus 22.5 Transitional note taking phrases

download pdf

ANALYSIS 22.5.1

Read the article “What it’s like fighting a $26,000 Centrelink debt during the coronavirus pandemic” (3 September 2020) at https://cambridge.edu.au/redirect/11921 and answer the questions below.

1.

2.

3.

4.

Describe the challenges faced by individuals who receive unexpected Centrelink debts during the COVID-19 pandemic.

Explain how the Centrelink review and appeals process affected Cassandra Clark’s ability to resolve her debt.

Research and outline the role of the Welfare Rights Centre in Australia.

Analyse how the Welfare Rights Centre supported Cassandra Clark in the article and explain why their role was important.

International organisations

United Nations Committee on Economic, Social and Cultural Rights (CESCR) International authorities such as the United Nations play a significant role in advocating for people experiencing economic disadvantage. Through instruments such as the International Covenant on Economic, Social and Cultural Rights, the United Nations recognises rights to adequate housing, social security and an adequate standard of living. Committees such as the UN Committee on Economic, Social and Cultural Rights (CESCR) monitor Australia’s compliance and issues recommendations regarding welfare payments and homelessness. For example, the Committee has previously raised concerns about the low rate of JobSeeker payments, rising homelessness and the impact of welfare conditionality. Although the United Nations

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

136

Cambridge Legal Studies Stage 6 Year 11

cannot directly change Australian law, it can apply national pressure, influence public debate, encourage law reform and support advocacy.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Australia is facing growing pressure to address the deepening inequality experienced by people who are economically disadvantaged, particularly in relation to housing, income support and basic living standards.

Recent findings reported by the CESCR in 2026 highlight that these issues are not isolated policy failures but reflect broader structural problems that require a stronger human rights-based approach.

Media 22.5.1 outlines these concerns in detail and examines the effectiveness of Australia’s current legal and policy responses.

Figure 22.5.1 King Felipe VI at the commemoration of the 60th anniversary of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights at the Faculty of Law of the Complutense University in Madrid, Spain, 9 April 2026.

MEDIA 22.5.1

UN Committee on Economic, Social and Cultural Rights publishes findings on Australia, Georgia, Kenya and Uruguay Press release, 27 February 2026

GENEVA – The UN Committee on Economic, Social and Cultural Rights today issued findings on Australia, Georgia, Kenya, and Uruguay, following its review of these States parties during its latest session.

The findings highlight positive developments and outline major concerns and recommendations regarding each country’s implementation of the International Covenant on Economic, Social and Cultural Rights. Key issues include:

Australia

While acknowledging the Housing Australia Future Fund Act 2023 and the National Housing and Homelessness Plan, the Committee remained concerned about the persistent shortage of affordable housing and the insufficient supply of social housing, which continue to lead to long waiting lists and increased homelessness. The Committee also highlighted that the Commonwealth Rent Assistance remains insufficient to ensure that low-income households can afford adequate housing amid rising rents. It raised alarm about overcrowding and inadequate housing affecting Aboriginal and Torres Strait Islander peoples, especially in remote communities. The Committee recommended that Australia adopt a human-rightsbased approach to its national housing policy addressing access to adequate housing as a human right, expand investment in social housing, strengthen rent regulation, and increase Commonwealth Rent Assistance. It also called on Australia to ensure adequate, affordable and culturally appropriate housing for disadvantaged groups, particularly Aboriginal and Torres Strait Islander peoples.

The Committee noted recent increases in income support payments but remained concerned that the level of social security benefits, including JobSeeker Payment, Youth Allowance, Parenting Payment, the Disability Support Pension, and the Remote Area Allowance, remains insufficient to ensure an adequate standard of living, and that a significant proportion of beneficiaries remain living below the poverty line. It recommended that Australia increase social security benefit levels and regularly review and adjust payment rates in line with the cost of living, with a view to ensuring an adequate standard of living.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

137

ANALYSIS 22.5.2 Read Media 22.5.1 and answer the following question.

1. Explain how international organisations such as the United Nations Committee on Economic, Social and Cultural Rights help protect the rights of people experiencing economic disadvantage.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Non-government organisations Amnesty International

Amnesty International, an international non-government organisation, explains how Australia’s worsening housing crisis is linked to the lack of a federal Human Rights Act and advocates for the recognition of housing as a human right is essential to creating lasting solutions.

MEDIA 22.5.2

A Human Rights Act: Addressing Australia’s housing crisis Amnesty International, 1 April 2025

Australia is facing a severe housing crisis. Pensioners are living in their cars; single parents and their children are couch surfing. Across Australia people want to see solutions to the housing crisis, so everyone has a place to call home. A recent survey revealed that housing was young people’s top priority this election.

And as the election ramps up, parties are releasing their housing policies but, so far, those policies fail to protect housing as a human right. Research shows that countries that protect people’s human right to housing reduce homelessness. That’s why we’re calling on the next Australian Government and Parliament to protect housing as a human right in a Human Rights Act.

A Human Rights Act that protects the right to housing – and gives people a tool to challenge human rights abuses – will help ensure everyone in Australia has somewhere safe and secure to sleep.

The current state of the Australian housing crisis

According to the Australian Bureau of Statistics (ABS), the number of people classified as homeless has been increasing steadily since 2006.

In 2024, Anglicare conducted a ‘Rental Affordability Snapshot’ by surveying all the rental properties listed across Australia. Out of 45,115 rental listings: • • •

31 were affordable for a person on the Disability Support Pension.

3 were affordable for a person on JobSeeker.

0 were affordable for a person on Youth Allowance.

With Australian wages no longer keeping up with the cost of living, accessing stable housing is increasingly now a luxury not everyone can afford.

There are several causes of the housing crisis in Australia including: •

Housing is a commodity. Housing has increasingly been treated as a means to make money, rather than as a basic human right. This has led to speculative investments and inflated property prices.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

138

Cambridge Legal Studies Stage 6 Year 11

•

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

Australian wages have not kept pace with the rising cost of living. This disparity has pushed many into rental markets, driving up rental prices and reducing the availability of affordable housing.

Lack of legal protections – Without a federal law that guarantees everyone’s right to adequate housing, Australians face an increasing lack of secure, stable and accessible housing. The Australian Institute of Health and Welfare data shows there has been a decline in the proportion of social housing households, dropping from 4.7% of all households in 2013 to 4.1% in 2023.

Without a Human Rights Act, government policies are not obligated to respect human rights.

It’s the reason why today’s Australian housing policies aren’t focused on the fact that housing is a human right. Instead, they’re designed to promote investment.

With a Human Rights Act, people suffering rights abuses like homelessness could challenge injustices. It would give everyone a tool to challenge and remedy those abuses, creating a fairer future.

We know that human rights-based housing policies make a difference.

In 2008, Finland introduced a human-rights based policy aimed at ending homelessness. It focussed on placing community members in stable, long-term accommodation, rather than short-term accommodation. Today, there are almost no rough sleepers in Finland.

Over 50 jurisdictions around the world have protected the right to housing. In February 2025 the Human Rights Law Centre and the UTS Faculty of Law have released a report highlighting how these protections have improved people’s lives, and the difference a Human Rights Act would make to people in Australia.

In Australia, Queensland, Victoria, and the Australian Capital Territory have Human Rights Acts but none of them explicitly protect the right to adequate housing. State Housing Acts also regulate the management of social housing, however there is no specific legal right to housing in any Australian laws or the Constitution.

People have used state human rights acts to secure their right to housing before.

In Queensland, a single mother who had experienced domestic violence successfully challenged her eviction using the Queensland Human Rights Act. The woman’s former partner had damaged their rental, leading to an eviction notice. With the help of Tenants Queensland, she was able to transfer the tenancy into her name, securing the home for herself and her children.

Australia does provide various forms of housing assistance and support programs to help people access affordable housing. These include things like public housing and rental assistance. But the programs on offer don’t come close to meeting the need. And in spite of these programs, too many people are still suffering from homelessness. In these cases, the state is failing in its obligation under international law to protect our right to adequate housing.

The right to housing under international law

The right to housing is enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), a treaty adopted by the United Nations General Assembly in 1966.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

139

Article 11 imposes obligations on state parties to take steps to realise the right to adequate housing.

‘Adequate housing’ means more than just a right to shelter. It’s the right to access decent housing, which is defined by several factors: Legal security of tenure Availability of services, materials, facilities and infrastructure, Affordability and accessibility Habitability Location and cultural adequacy.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • • • •

As a party to this treaty, Australia has an obligation to ensure the affordability and accessibility of housing, including focusing on protecting the human rights of our most vulnerable.

ANALYSIS 22.5.3

Read Media 22.5.2 and answer the following questions.

1. Describe the key factors contributing to Australia’s current housing crisis.

2. Explain why Amnesty International argues that Australia needs a federal Human Rights Act to address the housing crisis.

3. Analyse how countries that legally protect the right to housing have achieved lower homelessness rates, and what this suggests for Australia.

REVIEW 22.5 Online quiz

Review questions

Access sample responses and results

Review 22.5 questions 1.

2.

3.

4.

Outline how community legal centres advocate for the rights of people experiencing economic disadvantage.

Outline the role of the UN Committee on Economic, Social and Cultural Rights.

Explain the recent findings by the UN Committee on Economic, Social and Cultural Rights.

Summarise the key recommendations the UN Committee on Economic, Social and Cultural Rights has provided to Australia.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

140

eporting

scorcher

22.6 Contact with legal processes LEARNING OBJECTIVE 22.6

download pdf

DESCRIBE how people experiencing economic disadvantage encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods

SA D I M GI PL T A E L C -O H N AP L Y TE R S

nload word

eporting

Cambridge Legal Studies Stage 6 Year 11 note taking

nload word

Alternative dispute resolution and the creation of specialist tribunals such as the Administrative Review Tribunal have proven to be more cost effective and timely than the courts, given the immediacy of disputes around issues concerning people experiencing economic disadvantage.

Dispute resolution methods

Writing focus 22.6 Noun phrases note taking (identify and develop)

download pdf

Dispute resolution can be an effective and relatively inexpensive method of resolving disputes for people who are economically disadvantaged. Mediation and conciliation take various forms to prevent a court or tribunal from having to adjudicate in some matters.

Many government agencies and tribunals use alternative dispute resolution to resolve scorcher matters quickly and efficiently (e.g. the Australian Human Rights Commission (AHRC) and NSW Civil and Administrative Tribunal (NCAT)). The Tribunal cites conciliation as a method of dispute resolution when it states that the conciliation process “is closely linked to the hearing process, rather than [being] a separate step of dispute resolution”.

Conciliation brings people in dispute together to talk about their issues in an informal, private meeting to try to reach an agreement. For example, in tenancy and social housing disputes, such as when a low-income tenant faces eviction or seeks repairs, NCAT often uses conciliation to help both parties reach a mutually acceptable outcome. This can result in the tenant being allowed to stay in their home or the landlord agreeing to complete repairs without the stress and expense of a full hearing.

Conciliation provides a cost effective and accessible form of dispute resolution that helps protect the rights and living standards of people who otherwise could not afford to pursue justice in court.

Figure 22.6.1 Conciliation brings people together to talk about their issues.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

141

Tribunals Administrative Review Tribunal

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The Administrative Review Tribunal (ART) was established by the Administrative Review Tribunal Act 2024 (Cth), which replaced the Administrative Appeals Tribunal.

The ART reviews decisions made by Australian government departments and agencies to ensure they are fair, lawful and reasonable. When a person disagrees with a decision related to the National Disability Insurance Scheme (NDIS) decision, Centrelink or migration matters they can apply to the ART for a merits review. The Tribunal reconsiders all the relevant facts, evidence and law again from the beginning and decides whether the original decision should be affirmed, changed or set aside and replaced with a new one. The process usually involves lodging an application, exchanging documents, attending a case conference or conciliation and, if the matter is not resolved, participating in a hearing. The ART is independent and must make the correct and preferable decision based on the merits of the case. Its role is to ensure the review process is fair and efficient, and it can be assessed by anyone who wishes to challenge government decisions that affect their rights, entitlements or obligations. The ART aims to resolve matters quickly with as little cost as possible.

For economically disadvantaged individuals, the ART process is important. Many applicants rely on income support payments for housing, food and basic living expenses. If a payment is cancelled, reduced or a debt is raised, it can cause immediate financial hardship. The ART provides a pathway to challenge these decisions without the huge cost and complexity of going to court. By providing an independent, informal and low-cost forum for reviewing government decisions, the ART promotes both access to justice and resource efficiency for economically disadvantaged individuals.

A 2025 article in The Guardian tells the story of Daniel, a long-term JobSeeker recipient. Daniel had his Centrelink payments wrongfully cancelled by Services Australia due to an unlawful interpretation of “mutual obligations”. This left him homeless and experiencing financial hardship. After exhausting internal complaints, he took the matter to the ART, which found that Centrelink’s cancellation was unlawful and ordered his JobSeeker payment be restored.

Daniel was back paid over $53,000 in entitlements. His case highlights how a disadvantaged individual can successfully access the Tribunal system and achieve a just outcome against an incorrect government decision. You can read about this at https://cambridge.edu.au/redirect/12128.

Enforcement agencies The NSW Police Force

Enforcement agencies play a key role in maintaining law, order and public safety within society. In New South Wales, law enforcement agencies such as the NSW Police Force exercise powers granted under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the Crimes Act 1900 (NSW). These laws allow police to issue move-on orders, conduct searches, make arrests and enforce public order offences.

While these powers are intended to protect the community and ensure safety, their impact on economically disadvantaged individuals can be complicated. As

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

142

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

highlighted in “Criminalising Homelessness: Why Enforcement is Not the Answer”

by Lucy Adams, enforcement‑based responses to issues such as homelessness may unintentionally penalise individuals for circumstances linked to poverty rather than criminal behaviour. When police rely on move‑on powers, fines or minor public order offences, vulnerable individuals may be drawn further into the criminal justice system without addressing underlying issues such as lack of housing, mental health support or income security. While police operate within lawful authority, enforcement alone may not provide long term solutions to social disadvantage.

Figure 22.6.1 A police officer talks to a homeless man sitting inside a tent at Martin Place in the central business district of Sydney on 10 August 2017. The New South Wales state government passed a Bill through parliament on 9 August 2017 that gave the police the power to dismantle the homeless camp, which was known as Tent City.

REVIEW 22.6 Online quiz

Review questions

Access sample responses and results

Review 22.6 questions

1. Describe how people experiencing economic disadvantage can encounter the legal process.

2. Assess the effectiveness of the Administrative Review Tribunal in achieving justice for people who are economically disadvantaged.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

video

widget

reporting

note taking

143 scorcher

22.7 Alternative approaches to justice LEARNING OBJECTIVE 22.7 DESCRIBE alternative approaches to justice available to people experiencing economic disadvantage quiz

questions

download word

download pdf

SA D I M GI PL T A E L C -O H N AP L Y TE R S

For individuals who are economically disadvantaged, accessing formal court processes can be costly, complex and intimidating. As a result, alternative approaches to justice are essential to ensuring people can raise concerns, seek remedies and have their voices heard. The Commonwealth Ombudsman provides an independent and accessible avenue for individuals to lodge complaints about the actions of Australian government agencies. The Ombudsman investigates complaints, promotes administrative fairness and can recommend remedies when government agencies have acted unfairly or unlawfully.

Commonwealth Ombudsman

The main role of the Commonwealth Ombudsman is to act as an independent review body that deals with individuals’ complaints about the administration of government agencies or the agency’s compliance with specific legislation. Traditionally, the office is seen as representing the people’s interests, and its credibility comesreporting from its video widget reputation for impartiality, independence from government and confidentiality.

In December 2025, the Commonwealth Ombudsman reported on an investigation into the income support payments that were cancelled due to factors beyond a job seeker’s control. The Ombudsman’s Fairness in the Targeted Compliance Framework report demonstrated how current welfare compliance systems by Services Australia and the Department of Employment and Workplace Relations can harm people who are already economically disadvantaged. The Ombudsman investigated unlawful cancellation of income support payments under section 42AF(2) of the Social Security quiz questions download word (Administration) Act 1999 (Cth). The investigation found weakness and oversight deficiencies in the decision-making by employment service providers, which led individuals to lose essential income support. Between April 2022 and July 2024, 964 JobSeeker recipients had their payments automatically cancelled. Many affected people were First Nations job seekers and individuals with significant vulnerabilities such as mental illness, homelessness and disability.

Writing focus 22.7 Conjunctions note taking (subordinating – contrast)

download pdf

Payments such as JobSeeker are a critical safety net for people experiencing poverty, unemployment, disability or other hardships. The Ombudsman’s report recommended changes to government systems to ensure compliance decisions were lawful, fair and reasonable and not simply automated; the report also recommended that decisions take into account a person’s circumstances. The report reinforced transparent decision-making, effective complaint mechanisms, and independent review and remediation. These are all important aspects of access to justice for people who may otherwise be powerless against complex government systems. You can read more about this at https://cambridge.edu.au/redirect/12129

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

144

REVIEW 22.7 Online quiz

eporting

Review questions

Review note 22.7taking questions

Access sample responses and results

scorcher

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Outline the role of the Commonwealth Ombudsman.

2. Explain the importance of Commonwealths Ombudsman’s report on Fairness in the Targeted Compliance Framework report.

nload word

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

Go online to assign and download questions, view results and more!

download pdf

22.8 Organisations that represent interests LEARNING OBJECTIVES 22.8

IDENTIFY non-government organisations that represent the interests of people experiencing economic disadvantage DESCRIBE the roles non-government organisations fulfil

Non-government organisations

Writing focus 22.8 Transitional note taking phrases

There is a tendency for people to regard poverty as an issue for developing countries only; however, economic disadvantage and poverty exist, and there are millions of Australians on incomes that are insufficient for their needs. Though assistance is provided in financial terms by the government, the private sector still has an important role in helping individuals and families who live day to day with all the scorcher problems associated with financial hardship.

Some non‑government organisations have a high profile in our community. The Salvation Army, for example, provides support to people experiencing economic disadvantage through:

download pdf

• • • • • • • •

homeless services aged care services Employment Plus Moneycare youth services family and domestic violence services Doorways and emergency relief Aboriginal and Torres Strait Islander programs.

Without the assistance and the help provided by St Vincent de Paul, the Red Cross, The Smith Family and the national Welfare Rights Network, and a large number of other community‑based support groups, many Australian families would face significant financial hardship. The following media report highlights the significant impact non‑government organisations, such as St Vincent de Paul, can have in supporting people experiencing economic disadvantage.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

145

MEDIA 22.8.1 Sydney mum thanks Vinnies for help as charity prepares for huge Christmas demand Rosemary Bolgar, ABC News, 30 November 2023 For many years, Christmas was a lavish affair in Melissa’s household.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

“We had this massive tree … and we lived in a beautiful big home and there was always a plethora of presents underneath the tree, and then Christmas morning was next level,” Melissa says.

At that time, the Sydney mother-of-four lived with her then-partner, the father of her youngest son.

The former film and television producer has three older children from a previous marriage.

Looking back, Melissa, whose last name has been withheld to protect her privacy, says they were extremely wealthy.

“We were able to afford those luxuries for the children and it would usually be capped off with a ski trip overseas,” she says.

This Christmas there will be no big gifts or flash holidays, but it will be the best the family has enjoyed for a few years thanks to the assistance of charity Vinnies.

“For Christmas, we’ll be at home because the children are happy to be home, and just be together and, with the support of Vinnies, I’ll be able to put a nice meal on the table and make it as Christmassy and fun as I can,” Melissa says.

It will be the second Christmas they’ve spent in the northern Sydney three-bedroom home Vinnies helped them secure with subsidised rent.

Melissa says it is a huge step up from the one-room unit they previously shared with the children sleeping on bunks, while she slept on the couch.

“It’s life-changing,” she says.

Left with 30 cents

Melissa is sharing her experience to help raise awareness about the practical and emotional support Vinnies provides.

ABC Radio Sydney is partnering with Vinnies for our NSW Gives Appeal to support Australians who have been hit hardest by the cost of living crisis.

Having enjoyed such a lavish lifestyle in the past, Melissa did not think she was entitled to ask for help from a service such as Vinnies when her relationship ended suddenly and she lost everything.

Returning home from a holiday with her children one day, she found the locks had been changed and all of their belongings inside.

She believes her partner had discovered she was considering leaving him.

She checked their shared bank accounts. They had all been drained.

“I was literally left with 30 cents in my bank account with four children, no car, nothing, he’d locked everything up,” she says.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

146

Cambridge Legal Studies Stage 6 Year 11

She says she survived only with the help of her extended family and her other children’s father, but as her legal battles continued and the COVID pandemic hit, someone suggested that she call Vinnies.

Lauren Leahy, Vinnies Support Centre coordinator for Sydney’s northern suburbs, answered her call.

“It was quite a frantic phone call, a mum really needing some support and not knowing where to turn, she didn’t have food to feed the kids,” Ms Leahy says.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Ms Leahy says one of the first things Melissa said to her was “I’m not even sure if you can help me”.

“I think that’s quite a common theme for 2023. We’re noticing that so many people who are coming to us are people who have never been to Vinnies before,” Ms Leahy says.

“And I want people to be reassured that it is OK to ask for help.

“There’s no shame or embarrassment in putting your hand up and giving Vinnies a call.”

Vinnies was able to give Melissa vouchers for food immediately, a Christmas hamper, money towards utility bills, and assistance to buy school uniforms.

Making Christmas special

Christmas puts extra pressure on people in poverty and living at the margins.

Ms Leahy says demand for assistance is already higher than last year.

For the northern Sydney area alone, Ms Leahy says requests for Christmas hampers have more than doubled from 60 last year to 140.

“We can cover it, it just means we need to get more donors and get more people involved to support us,” she says.

Melissa says she still finds the pressure to spend more at this time of year difficult.

“You feel a lot of guilt that you’re not able to give [your children] what you feel like they deserve and what their friends are getting,” she says.

Melissa does her best to make the holidays special, taking the children to free festive events around Sydney and doing activities that cost nothing like going to the beach.

“We’re all together, we’re all still standing, and no-one’s going hungry,” she says.

“But I also acknowledge that a lot of people don’t have that, so I’m actually really, really grateful.”

She urges anyone who needs help, no matter their previous circumstances, to seek help when they need it.

“If you take that step out the front door with your children, there’s support, it’s not going to be the life that you used to live … but there’s definitely a path through it,” she says.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

147

ANALYSIS 22.8.1 Read Media 22.8.1 and answer the following questions.

1. Describe the types of assistance “Vinnies” provides to people experiencing economic disadvantage during the Christmas period.

2. Analyse why demand for the services provided by “Vinnies” has increased compared to previous years.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

RESEARCH 22.8.1

Visit the following websites of the following non-government organisations and write a report describing how these nongovernment organisations represent the interests of people who are economically disadvantaged: • • • •

Salvation Army Mission Australia Wesley Mission The Smith Family.

Advocacy groups

Australian Council of Social Services

The Australian Council of Social Services (ACOSS) is a national body that advocates for people experiencing poverty, inequality and social disadvantage. It is guided by values such as dignity, human rights, inclusivity, diversity and support for the self determination of Australia’s First Peoples. ACOSS has a significant focus on Australia’s income support system. It argues that payments such as JobSeeker and Youth Allowance are too low to cover essential costs such as food, housing, healthcare and utilities. More than one million people rely on these income support payments including young people, single parents and older jobseekers. ACOSS advocates for raising income support to at least the level of the pension, arguing that this would enable people to live with greater security and dignity. Its ongoing campaign, “Raise the Rate for Good”, works to shift public attitudes, build evidence and pressure political leaders to increase payment rates. They are currently calling on the government to increase JobSeeker, Youth Allowance, ABSTUDY, Austudy and Parenting payments to at least $82 a day, as opposed to the current JobSeeker payment of just $50 a day.

Media

The media plays a significant role in highlighting issues of injustice and the personal experiences of people experiencing economic disadvantage. It raises awareness by changing public opinion and pressures governments to act. Through investigative reporting, such as coverage by the ABC News program Four Corners, systemic failures in areas such as housing and social security have been exposed.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

148

Cambridge Legal Studies Stage 6 Year 11

In towns and cities across Australia, the critical lack of affordable and social housing now means people with low paying jobs are struggling to find accommodation. They are the new homeless and they’re growing in number.

ABC News, “No Place To Call Home”, 3 October 2022.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSIS 22.8.2 Watch the Four Corners video “No Place To Call Home” at https://cambridge.edu.au/redirect/12130. A print story about Kaila Jobson, one of the women, is available at https://cambridge.edu.au/redirect/12131.

1.

2.

3.

4.

5.

6.

Outline the circumstances that led to Kaila Jobson becoming homeless.

Describe the challenges Kaila and Jessica faced when applying for rental properties.

Summarise the evidence presented about rental vacancy rates in Coffs Harbour.

Explain how homelessness can affect employment opportunities and mental health.

Discuss the extent to which governments are meeting their obligations to economically disadvantaged individuals.

Analyse why some housing advocates argue that current government responses are insufficient.

REVIEW 22.8 Online quiz

Review questions

Access sample responses and results

Review 22.8 questions

1. Outline the role of advocacy groups in achieving justice for people who are economically disadvantaged.

2. Investigate how the Australian Council of Social Services advocates for people who are economically disadvantaged.

3. Assess the effectiveness of the media in achieving justice for people experiencing economic disadvantage.

Go online to assign and download questions, view results and more!

Figure 22.8.1 In Australia, more than one million people rely on income support payments.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

RESPONSIVENESS OF THE LEGAL SYSTEM quiz questions download word

149

download pdf

22.9 Indicators of success in achieving justice LEARNING OBJECTIVE 22.9

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the indicators used to measure whether justice is achieved for people experiencing economic disadvantage

Achieving justice for people experiencing economic disadvantage requires more than simply recognising equality, it demands systems and processes that actively remove barriers, protect rights and create genuine opportunities for participation and contribution in society. Indicators of success in achieving justice for people experiencing economic disadvantage include improved access to disputereporting resolution, video widget fair administrative decision-making and improvements in living standards. For example, investigations by the Commonwealth Ombudsman into unlawful JobSeeker cancellations demonstrate accountability within enforcement agencies. Where payments are restored and policies are reformed, this reflects progress towards protecting the right to social security. Access to low-cost tribunals such as NCAT and the ART allows people to challenge unjust decisions. Indicators of success focus on whether people experiencing economic disadvantage can exercise their rights, access support without discrimination and experience improvements in their social and economic conditions. Indicators laws, policies quiz of success therefore questionsmeasure whether download word and enforcement mechanisms are genuinely improving outcomes and protecting rights.

They can also be measured through examining whether society is moving towards greater fairness, equality and inclusion of those who are most vulnerable. Ultimately, justice is achieved when vulnerable people can secure stable housing, maintain income support and access fair review processes without cost and complex processes.

Writing focus 22.9 Transitional note taking phrases

download pdf

Justice for the economically disadvantaged relies on whether individuals can access the legal system. Access includes obtaining legal aid to understand the legal processes to reach courts and tribunals without financial or procedural barriers. When legal help is affordable, information is clear and free, or low-cost legal assistance is available, people experiencing poverty can assert their rights. Accessible complaint pathways and support services ensure individuals can participate in hearings and navigate the legal system independently. When more people are able to resolve issues without unnecessary obstacles, it shows that the justice system is becoming more inclusive, responsive and fair for those who are economically disadvantaged. Legal Aid NSW provides free legal advice, duty lawyers and representation to individuals who cannot afford private legal services. For example, a person facing eviction due to rental arrears can receive assistance in the NCAT. A Legal Aid solicitor may help them understand tenancy laws, prepare documents and represent them during a hearing.

By reducing financial barriers and simplifying access to legal processes, Legal Aid NSW improves access to justice for people experiencing economic disadvantage.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

150

Cambridge Legal Studies Stage 6 Year 11

Cases such as Kelly v NSW Land and Housing Corporation (2018) NSWCATAP and Cassandra Clark v Services Australia (2021) AAT demonstrate how individuals can effectively use legal measures such as the Administrative Appeals Tribunal and the NCAT to challenge injustice and uphold rights.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In Kelly v NSW Land and Housing Corporation (2018) NSWCATAP, the Tribunal recognised that many social housing tenants experience personal hardship and financial disadvantage. When deciding this case, the Tribunal balanced the tenant’s hardship with other factors such as the impact on neighbours, the demand from people on the public housing waiting lists and rent owed to the housing authority. This case involved considerations of personal hardship in the context of eviction proceedings, highlighting legal challenges faced by social housing tenants.

Cassandra Clark v Services Australia (2021) AAT demonstrated how the law can help achieve justice for people experiencing economic disadvantage. As a carer relying on payments, Cassandra Clark was in a financially vulnerable position when Services Australia claimed she owed $27,000 due to alleged overpayments. By challenging the decision through the Administrative Appeals Tribunal (now referred to as the Administrative Review Tribunal), she was able to have the case independently reviewed. The Tribunal recognised that administrative errors by Centrelink contributed to the debt and decided it should be waived. This case highlighted problems in the welfare system, where people can be given debts even when Centrelink’s own administrative mistakes are involved. However, the legal review processes can protect disadvantaged individuals from unfair government decisions and help ensure that welfare laws are applied fairly, allowing vulnerable people to seek justice when mistakes are made.

Despite significant barriers, both individuals were able to navigate the legal process and draw attention to systemic issues. They ultimately achieved meaningful outcomes that achieved not only justice for themselves but also for other individuals in similar circumstances. These examples highlight the role of the law in protecting individual rights and ensuring accountability within government departments.

REVIEW 22.9 Online quiz

Review questions

Access sample responses and results

Review 22.9 questions

1. Explain how the Administrative Review Tribunal (previously Administrative Appeals Tribunal) ensured justice for Cassandra Clark and what this case reveals about the protection of people experiencing economic disadvantage in the welfare system.

2. Analyse how the Tribunal in Kelly v NSW Land and Housing Corporation balanced tenant hardship and community interest to demonstrate the role of the law in protecting vulnerable social housing tenants.

3. Evaluate how the outcomes of Clark and Kelly illustrate the ways legal mechanisms can empower individuals to challenge administrative decisions and uphold justice for people experiencing economic disadvantage.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage video

widget

reporting

151

note taking

scorcher

22.10 Barriers to achieving justice LEARNING OBJECTIVE 22.10 ANALYSE the barriers that prevent people experiencing economic disadvantage quiz the legal system questions from achieving justice within download word

download pdf

SA D I M GI PL T A E L C -O H N AP L Y TE R S

While the law is designed to treat individuals equally, financial hardship often creates significant barriers that prevent equal access to legal rights, representation and fair outcomes. Barriers such as homelessness, debt-related issues and administrative hurdles can make it extremely difficult for people experiencing economic disadvantage to exercise their rights and achieve just outcomes.

Homelessness

People experiencing homelessness often struggle to access justice because they may not have a fixed address to receive court notices, legal documents or government correspondence. Missing important information can result in fines, warrants or default judgments without their knowledge. Homelessness also makes it difficult to attend court hearings and access legal assistance services. Homelessness is often video widget reporting connected to legal issues such as debt, family violence, tenancy disputes and minor public order offences, which can quickly escalate without legal assistance. Legal assistance cannot resolve homelessness on its own but homelessness is a structural barrier to justice that reinforces disadvantage and limits equality before the law.

Writing focus 22.10 Noun phrases note taking (develop)

ANALYSIS 22.10.1

Read the article “Homelessness and access to justice” (6 December 2023), available online at https://cambridge.edu.au/ quiz questions download word download pdf redirect/12132 1.

2.

3.

4.

5.

6.

7.

Define homelessness according to the Australian Bureau of Statistics.

Explain how homelessness can lead to legal problems such as criminal charges and fines.

Describe two intersecting legal or social issues commonly faced by people experiencing homelessness.

Identify one practical challenge that makes it difficult for homeless people to participate in legal processes.

What role do community legal services such as the Homeless Persons Legal Service play in improving access to justice?

Explain one way that homelessness can be “criminalised”.

Why is an integrated and trauma‑informed support approach important for people experiencing homelessness?

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

152

Cambridge Legal Studies Stage 6 Year 11

Debt collection and financial hardship

SA D I M GI PL T A E L C -O H N AP L Y TE R S

People experiencing economic disadvantage are often targeted by debt collection practices. Many may not understand their legal rights or court processes, leading to default judgments if they fail to respond to claims. As you saw earlier in this chapter, an investigation by the Commonwealth Ombudsman uncovered unlawful JobSeeker cancellations that left people stressed and vulnerable. Flawed debt collection from government agencies has had a significant impact on people experiencing economic disadvantage.

Robodebt was another example of an illegal automated debt recovery system that reversed the burden of proof. Instead of the government proving someone owed money, individuals were forced to prove they did not. People were pursued aggressively and made to feel like criminals. Economically disadvantaged Australians were the hardest hit by the scheme. People already living on very low incomes were suddenly told they owed thousands of dollars, pushing many into deeper poverty. As a result of this system failure, the Robodebt Royal Commission was created, and all unlawful debts were eventually wiped.

Administration

Domestic violence, “the couple” rule

Centrelink’s “couple rule” allows the government to treat two people as a couple for income-testing purposes even when they don’t share finances, do not support each other or are not in a stable relationship. When Centrelink decides someone is a part of a couple their partner’s income is counted as if it were shared. This rule has serious consequences for people who are economically disadvantaged, because it assumes financial dependence that may not exist and can push into deeper poverty. This is particularly unfair for people in unsafe or unequal relationships because leaving would mean losing the only income they have. Therefore, the couple rule reinforces economic vulnerability and creates a barrier to justice.

FPO

Figure 22.10.1 A documentary about the Robodebt scheme won “Best documentary or factual program” at the 2026 AACTA Awards.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

153

MEDIA 22.10.1 Abuse survivors say Centrelink’s “couple rule” puts women in danger Coco Veldkamp, ABC News, 10 December 2025 In Sheila’s* last relationship, she believed her partner could kill her.

The 41-year-old mother was trapped in a physically, emotionally and financially abusive relationship for years.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

She was forced to rely on her partner for financial support after Centrelink classified her as a member of a couple, deeming her ineligible for payments.

“I probably spent about five years trying to plan how me and the children would escape, and then it took me about 18 months to pull that plan off,” Sheila said.

“Money was my biggest barrier, and because of [that], I then had the barrier of housing and providing for my children with no job, no financial means.”

Trapped in relationships

A study by the Brotherhood of St Laurence has found the “couple rule” – which links social security payments to relationship status – undermines women’s safety and financial freedom.

When making a claim, Centrelink asks questions about relationship status, which can affect eligibility for a payment and the amount you get.

Individuals in couple relationships receive lower rates of income support than singles, assuming couples will share resources.

As of September 2025, the maximum fortnightly amount for individuals on parenting payments is $726.50 for a partnered applicant compared to $998.20 for a single applicant.

A partner’s income can also significantly affect the amount of income support received by partnered recipients, and cuts off when the combined income is over $2,783.34 per fortnight.

“I would’ve left a lot quicker”

Brotherhood of St Laurence researcher Margaret Kabare interviewed 22 women living in Victoria this year who said they had experienced financial abuse due to the couple rule.

Most of the women interviewed were victim-survivors of domestic violence who remained in relationships because their access to income support was tied to their abusers.

“The couple rule and inflexibility of compliance requirements can expose women to economic abuse and can trap women in violent and abusive relationships,” Dr Kabare said.

“The rule also entrenches gender inequities by limiting opportunities for women to build economic independence.”

Amy*, a 34-year-old woman, said her previous relationship turned toxic as reporting her partner’s income meant her Centrelink payment was reduced, and she became financially dependent on him.

She said she did not have enough money to leave when the abuse started.

“The relationship became quite toxic, and he … became abusive,” Amy said.

“I was in the relationship probably for another four or five months [after the abuse started].

If I had more money at the time, I would’ve left a lot quicker.”

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

154

Cambridge Legal Studies Stage 6 Year 11

Proving domestic violence Domestic violence is now recognised as a special reason not to treat a person as a member of a couple under section 24 of the Social Security Act. But, women in the study said reporting the abuse, such as producing medical records and gathering evidence of abuse, was difficult while still living with an abuser.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Sheila said reporting her former partner to the police led to an escalation of violence when he found out. “[The police] took him and put on an intervention order, but of course, they released him. He came straight back to the house, and he just said, ‘You better make that go away’,” Sheila said.

“I knew if I didn’t get rid of the [order], he was going to kill me. So, of course, I went to the court the next day and I said, ‘I don’t want this on there, I don’t need it, it’s out of character, he doesn’t act like that.’”

Sheila said she was too afraid to seek help for a long time.

She said she tried to document the abuse by taking pictures on her phone, but her partner deleted them.

Abolishing the rule

Dr Kabare said the couple rule should be abolished.

“The Australian government has outlined its 10-year commitment to get things working for women in Australia. That’s commendable, but abolishing the couple rule needs to be one of the priorities,” Dr Kabare said.

She said hearing the stories of these women was very difficult, but it was inspiring to hear their hope and resilience.

“They want to help other women … and see that other women don’t go through the same thing,” she said.

Helen Bolton, CEO of Respect Victoria, said the couple rule could trap women in violent relationships.

“The couple rule does take away a range of choices for women and people who use violence can also use the rule as a tool for control by creating or perpetuating economic dependence,” she said.

She said the couple rule “absolutely” should be abolished.

“I think changing the Centrelink couple clause is a way to allow women to be financially independent from their partners … they should be seen as individuals in their own right,” Ms Bolton said.

“We don’t need women’s economic options being constrained by often punitive rules … [that] can be weaponised to inflict financial harm on victim survivors.”

In response to questions about why the couple rule had not been abolished, given research about how it undermines women’s financial independence and safety, a Department of Social Services spokesperson said the government was investing in the issue.

“The government is delivering a range of measures to address financial abuse and family and domestic violence, including over $4 billion for frontline services, prevention initiatives, behaviour change and programs for children across government,” the spokesperson said.

*Sheila and the other women in the study have had their names changed to protect their identities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

155

ANALYSIS 22.10.2 Read Media 22.10.1 and answer the following questions.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Explain the impact of Centrelink’s “couple rule” on domestic violence victims.

2. Explain one way the couple rule may disadvantage people who are economically vulnerable.

3. Describe how advocacy groups have responded to concerns about the couple rule.

Delays

Delays at Centrelink are leaving people in vulnerable situations without the income they rely on. Long wait times and delayed access to Centrelink are pushing people experiencing economic disadvantage into deeper hardship. Callers to Centrelink are repeatedly being hung up on and spend hours on hold or call many times a day without ever reaching a staff member. People need basic support and are unable to receive it.

ANALYSIS 22.10.3

View the video “Hours on hold to Centrelink” at https://cambridge.edu.au/redirect/12133 and describe the impact administrative delays have had on individuals.

REVIEW 22.10 Online quiz

Review questions

Access sample responses and results

Review 22.10 questions

1. Describe how justice can be measured for people who are economically disadvantaged.

2. Explain how various barriers prevent people experiencing economic disadvantage from achieving justice.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

156

Cambridge Legal Studies Stage 6 Year 11

End of chapter Revise and consolidate your learning with these online tools: Interactive checklist Chapter summary Download or answer questions online View suggested responses Depth study support

• • • •

Individual student reports Assign tasks and track results Print or assign chapter tests Exam Generator: create custom practice exams

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • • • •

Teachers can access these additional downloadable resources and Learning Management System features:

Chapter summary • •

• • •

• •

•

•

Economic disadvantage refers to the condition in which individuals or groups experience lower income, limited access to resources and reduced opportunities compared to others.

Economically disadvantaged individuals are protected by a range of laws designed to prevent exploitation and ensure fairness. Laws such as the Residential Tenancies Act 2010 (NSW) protects renters from unfair eviction, regulates rental agreements and requires landlords to maintain safe living conditions. The Fair Work Act 2009 (Cth), which established minimum wages, protects against unfair dismissal and enforces workplace rights. Consumers are protected by the Australian Consumer Law through the Competition and Consumer Act 2010 (Cth), which prohibits misleading conduct and unfair contract terms, helping prevent unfair lending and scams.

Barriers often faced by people experiencing economic disadvantage include limited income, unemployment, difficulties obtaining income support from Centrelink and homelessness.

Legal issues faced by people experiencing economic disadvantage include access to social services, employment disputes, exposure to criminal law, discrimination and exploitation.

Both domestic and international legal protections have been created to safeguard individuals who are economically disadvantaged. International law protects individuals via the International Covenant on Economic, Social and Cultural Rights, Article 11, which states that everyone has a right to an adequate standard of living, including adequate food, clothing and housing. Domestic legislation such as the Social Security Act 1991 (Cth) ensures fair access to income support.

Community legal centres provide free and low-cost legal advice to those who are disadvantaged.

Alternative dispute resolution and specialist tribunals such as NCAT and ART have provided increased access to the legal system, offering cost-effective avenues to resolve issues faced by the economically disadvantaged.

Alternative approaches to justice are essential in ensuring economically disadvantaged people can raise concerns, seek remedies and have their voices heard. For example, the Commonwealth Ombudsman investigates complaints and promotes administrative fairness.

Non-government organisations and advocacy groups work together to fight for the rights of people experiencing poverty, inequality and social disadvantage. ACOSS is a prominent advocacy group that argues payments such as JobSeeker and Youth Allowance are too low and need to be raised. As a result, ACOSS runs an ongoing “Raise the Rate for Good” campaign to shift public attitudes and gain the attention of the government.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 22: People experiencing economic disadvantage

157

Multiple-choice questions

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. How does economic disadvantage affect a person’s access to essential services?

A. People on low incomes may be unable to afford healthcare, education, transport or nutritious food, which limits their ability to meet basic needs and participate fully in society.

B. People experiencing economic disadvantage generally have the same access to essential services as wealthier individuals.

C. Economic disadvantage only affects a person’s ability to buy non-essential or luxury goods.

D. Low-income individuals choose not to access services even when they are affordable and available.

2. According to the UN Committee on Economic, Social and Cultural Rights, what is a key concern about Australia’s support for people experiencing economic disadvantage?

A. Australia provides guaranteed housing and income support that fully meets international human rights standards.

B. Australia relies on policies such as the Housing Australia Future Fund and social security payments, but these are partly effective because they are not legally enforceable and do not fully meet basic living standards.

C. Social security payments are sufficient, but housing is not provided to First Nations Peoples.

D. Australia has no national policies addressing affordable housing or income support for disadvantaged groups.

3. What is the main role of the Commonwealth Ombudsman in relation to people who are economically disadvantaged?

A. To enforce government compliance rules strictly without considering individual circumstances B. To provide direct income support and housing to disadvantaged people C. To create social security legislation and set payment amounts for JobSeeker recipients D. To investigate complaints about government administration and ensure decisions are lawful, fair and consider individual circumstances 4. The Australian Council of Social Service primarily supports economically disadvantaged Australians by: A. providing direct financial payments and housing to individuals.

B. advocating for policies that reduce poverty, improve social security and promote access to essential services.

C. investigating complaints about government agencies’ compliance with legislation.

D. enforcing job-seeking requirements for JobSeeker recipients.

5. Australia has obligations under the UDHR and ICESCR to protect the rights of people experiencing economic disadvantage. How are these international human rights obligations primarily implemented within Australia?

A. Through automatic enforcement of international treaties in Australian courts B. Through voluntary community programs without legal authority C. Through domestic legislation such as the Social Security Act 1991 (Cth), Fair Work Act 2009 (Cth), anti-discrimination laws and housing legislation D. Through criminal penalties imposed on people experiencing poverty

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

158

Cambridge Legal Studies Stage 6 Year 11

Short-answer questions 1. Outline key legislation available at federal and state levels to protect and support those people who are economically disadvantaged.

2. Describe the different reasons why people who are economically disadvantaged may encounter the legal system.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

3. Assess the role of played by advocacy groups in protecting the rights of people who are economically disadvantaged.

4. Identify the indicators of success that can be used to achieve justice for people experiencing economic disadvantage.

Extended-response question

Assess the effectiveness of legal measures available to those who are economically disadvantaged.

Video 22.11.1 Answering an Marking criteria for extended response questions can be found in the Interactive Textbook. exam question Refer to these criteria when planning and writing your responses.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

SA D I M GI PL T A E L C -O H N AP L Y TE R S Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

160

CHAPTER

SA D I M GI PL T A E L C -O H N AP L Y TE R S

24

People living in rural, regional or remote Australia

Enhance your learning with these integrated online resources: Digital workbook

• • •

Suggested responses Download or answer questions online Writing focus worksheets

Videos

• • •

Chapter tests and custom exam creation Writing focus workbook Planning documents

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

161

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: describe the reasons people living in rural, regional or remote Australia may need protection under the law describe the reasons why people living in rural, regional or remote Australia encounter the legal system explain the issues people living in rural, regional or remote Australia experience when they have contact with the law outline the international and domestic legal protections for people living in rural, regional or remote Australia describe the functions of authorities that advocate for and protect the rights of people living in rural, regional or remote Australia describe the functions of authorities that advocate for and protect the rights of people living in rural, regional or remote Australia describe how people living in rural, regional or remote Australia encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods describe alternative approaches to justice available to people living in rural, regional or remote Australia identify non-government organisations that represent the interests of people living in rural, regional or remote Australia describe the roles non-government organisations fulfil analyse the indicators used to measure the success of achieving justice for people living in rural, regional or remote Australia analyse the barriers that prevent people living in rural, regional and remote Australia from achieving justice within the legal system.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • • • • • •

• • • • •

RELEVANT LAW

IMPORTANT LEGISLATION

Social Security Act 1991 (Cth) Regional Communities (Consultation Standards) Act 2024 (NSW)

IMPORTANT INITIATIVES

Closing the Gap National Access to Justice Partnership (NAJP) 2025-30 Regional Worker and Infrastructure Funds National Plan to End Violence against Women and Children 2022–2032

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

162

nload word

download pdf

THE NATURE OF THE EXPERIENCE 24.1 The need for protection under the law LEARNING OBJECTIVE 24.1 DESCRIBE the reasons people living in rural, regional or remote Australia may need protection under the law.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

Writing focus 24.1 Question words note taking

download pdf

People living in rural, regional or remote places face a range of disadvantages when it comes to accessing the law. The Australian government broadly defines regional, rural or remote places as areas that are outside of the major cities. They use a system named the Australian Statistical Geography Standard, which is updated every five years based on population changes. This system splits the country into five main scorcher categories based on location, population and access to services. These categories include major cities, inner regional, outer regional, remote and very remote. This consistent framework allows governments to identify gaps in access to services and allocate resources to various communities. According to the Australian Bureau of Statistics (ABS) data, in 2023 the breakdown of the Australian population was: • • • • •

major cities: 73% inner regional areas: 18% outer regional areas: 8% remote areas: 1.1% very remote areas: 0.7%.

Figure 24.1.1 Map showing remoteness areas in Australia, 2023 Source: Australian Bureau of Statistics

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

163

The average age of those living in inner and outer regional areas is older than those in major cities. In 2023, 22% of people in inner regional areas were aged 65 or over, as compared to only 16% in major cities. However, in remote areas it was only 15%, and in very remote areas 11%.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Education levels are lower in regional, rural and remote areas. In 2024, 80% of people in major cities had completed Year 12 or equivalent, but fewer than 65% in regional or remote areas. Possible contributing factors include reduced access to education and training opportunities, local employment patterns and differing economic opportunities. Lower levels of education or lack of skills training, such as a trade, can be linked to unemployment and economic instability. The Australian Institute of Health and Welfare (AIHW) has released statistics showing that 34.5% of prison entrants had completed year 10 at school and that 13% had only completed year 8 or under in 2022. For people going through economic or employment insecurity, being incarcerated can sometimes provide more access to services such as healthcare.

REVIEW 24.1 Online quiz

Review questions

Access sample responses and results

Review 24.1 questions

1. Outline the population statistics of people living in rural, regional and remote areas.

2. Identify the system that the federal government uses to determine rural, regional and remote areas.

3. Explain the impact that living in rural, regional and remote areas may have on education.

Go online to assign and download questions, view results and more!

Figure 24.1.2 Education levels are lower in regional, rural and remote areas

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

164

Cambridge Legal Studies Stage 6 Year 11

24.2 Reasons for encountering the legal system LEARNING OBJECTIVE 24.2 DESCRIBE the reasons why people living in rural, regional or remote Australia encounter the legal system.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

There are many reasons people may encounter the legal system in regional, rural or remote areas. Many of these reasons would be the same as for those living in metropolitan areas, such as crime, parenting or relationship matters, civil disputes or other matters. However, people living in regional, rural and remote communities face a unique set of challenges because of geographic isolation and a lack of services.

These challenges may include issues relating to disaster response, housing availability, agricultural and environmental law, domestic and family violence, and access to culturally appropriate justice services for First Nations peoples.

metropolitan area a large, typically densely populated urban area, which can include major cities

Figure 24.2.1 This Aboriginal reserve in Alice Springs is an example of a remote community.

In New South Wales crime levels in regional areas were considerably higher than those in Greater Sydney. The NSW Bureau of Crime Statistics and Research identified that, in 2023, violent crime was 57% higher in regional areas and property crime was 60% higher in regional locations. This disparity has grown over time as crime trends in Sydney have improved, while regional crime statistics have not seen the same level of

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

improvement. Despite stability in some areas, some serious offences have increased in regional NSW. Between 2019 and 2023, motor vehicle theft rose by 20% and sexual assault increased by 47%. In addition, domestic and family violence incidents grew by 24%, and non-domestic assaults rose by 14%. video

widget

reporting

Aboriginal and Torres Strait Islander Peoples

Writing focus 24.2 Conjunctions note taking – (subordinating reasons why)

census an official count that is conducted by the federal government to collect information about the people that live in a particular country

scorcher

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The 2021 census showed that 15.4% of the Aboriginal and Torres Strait Islander population lives in remote or very remote areas. There are deep systemic inequities that stem from colonisation and historical dispossession. These inequities effect rates of unemployment, health, housing, education, culture and trauma, and closely link to the over-representation within the incarceration system. The imprisonment rates for First Nations Peoples are 10 times higher than non-Indigenous peoples.

Those living in rural, remotequiz and regional areas have higher levels download of disadvantage questions word due to a lack of access to the law, services and law enforcement agencies.

165

Family and domestic violence

The Australian Institute for Health and Welfare identified that in 2023–2024 the hospitalisations from family and domestic violence in remote areas was 41 times higher than major cities. This reflects the lack of access to resources, services and education in remote areas. Systemic disadvantage or unique social structures in smaller communities can affect accessibility. Privacy may also be an issue for people living in small communities – police and medical professionals may know the perpetrator and/ or the victim. These issues highlight the greater need for support and protection in rural and remote communities.

Alcohol and substance use

incarceration another download pdf being term for someone held in detention or prison

systemic disadvantage barriers that are built into society through laws, economic injustice, historic treatment and can limit opportunities or access for groups of people in society socio-economic disadvantage people who may have a lower or no income or financial troubles, which can limit the amount of money they have to spending on housing and education

Of people that live in remote and very remote areas in 2022–2023, 19.6% smoked daily, and those in outer regional and remote areas are 1.5 times more likely to smoke daily (see Figure 24.2.2). Data from the National Drug Strategy Household Survey in 2022–2023 showed that 21% of people who live in remote and very remote areas used illicit drugs. The higher use of drugs, alcohol and tobacco could be due to socio-economic disadvantage, limited education, culture around use, isolation, lack of rehabilitation or support services. The Australian Institute of Criminology’s research has found that in 2019, 45% of people who were incarcerated attributed their offending to substance use, and the most common substance used was methamphetamine. This statistic highlights the correlation between non-compliance with the law and substance use, which can be detrimental to a person’s behaviour.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

166

Cambridge Legal Studies Stage 6 Year 11

Per cent 45

Major cities Inner regional

40

Outer regional 35

Remote and Very remote

30

SA D I M GI PL T A E L C -O H N AP L Y TE R S

25

20 15

10 5

0

Daily tobacco smoking

Daily e-cigarette use

Risky alcohol consumption1

Recent illicit drug use2

Figure 24.2.2 Use of drugs among people aged 14 and over, by Remoteness Area, 2022–2023 Notes:

1. Derived from 2020 NHMRC alcohol guideline 1: Had more than 10 standard drinks per week or more than 4 standard drinks on a single day at least once a month on average.

2. Used at least 1 of 17 classes of illicit drugs in the previous 12 months in 2022–2023.

Source: Tables 3.11 and 9a.12 AIHW / Australian Government CC 4.0.

REVIEW 24.2 Online quiz

Review questions

Access sample responses and results

Review 24.2 questions 1.

2.

3.

4.

Identify which crimes increased between 2019 and 2023.

Describe how alcohol and substance use affects justice for people living rurally, remotely or regionally.

Outline the issues surrounding family and domestic violence in rural, remote and regional communities.

Account for the various reasons people in rural, regional or remote communities may encounter the legal system.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia quiz

questions

download word

167

download pdf

24.3 Issues arising from contact with the law LEARNING OBJECTIVE 24.3 EXPLAIN the issues people living in rural, regional or remote Australia experience when they have contact with the law.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

One of the main issues that arises for regional, rural and remote communities is the lack of access to the law and to support services to help them access the law.

According to the Law Council of Australia in 2022, only 9% of Australia’s solicitors have practised in rural, regional or remote areas. The lack of infrastructure and support has led to issues in many areas, such aswidget health and wellbeing, reporting substance use, video law enforcement and safety.

Writing focus 24.3 Noun phrases note taking (identify)

Having limited access to the law affects the application of the rule of law and undermines the idea that the law should be accessible to everyone. This affects the services, supports and protections that communities can receive. Ultimately, having limited access to legal services and law enforcement services can hinder access to justice and reduce the individuals’ ability to access their legal rights.

CASE STUDY 24.3.1

quiz

questions

download word

download pdf

Lismore floods in 2022

In 2022, New South Wales faced numerous devastating floods. One of the biggest was in Lismore, which is classified as an inner regional part of Australia. The geographical location of Lismore affect the response and preparedness to the flooding. Lismore is also one of the most flood-prone places to live, according to the State Emergency Services, so this is not the first flood the community has endured. Due to Lismore’s location, proper supports and services could not help the community in a timely manner. Many houses and businesses were damaged severely. This tragedy highlights how rural, regional and remote communities are disproportionately affected during natural disasters.

The Flood Housing Response audit from the Audit Office of NSW found many faults with the emergency response and the handling of temporary housing in emergencies. These faults included: • • • •

not having a clear plan to guide temporary housing and not having enough housing to meet the demand having no long-term plan to move tenants out of temporary housing vulnerable groups not being fully supported; they faced greater disadvantage a lack of preparedness.

The NSW government accepted the audit’s findings and implemented change. The NSW Reconstruction Authority (NSWRA) was established to better lead disaster recovery and preparation. NSWRA have begun working to develop a response plan. The government has also created the resilient homes program to assist with rebuilding or fixing flood-affected properties, with $700 million of funding. This program also builds homes in flood-safe areas to avoid future issues.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

168

Figure 24.3.1 Lismore during the March 2022 floods

Figure 24.3.2 A household’s damaged items after the Lismore floods in 2022

REVIEW 24.3 Online quiz

Review questions

Access sample responses and results

Review 24.3 questions

1. Describe how justice may not be achieved with limited access to the law.

2. Outline what happened in Lismore in 2022 and the legal response.

3. Explain what the Flood Housing Response audit found.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

ACCESS TO JUSTICE quiz

questions

download word

169

download pdf

24.4 Protection under the law LEARNING OBJECTIVE 24.4

SA D I M GI PL T A E L C -O H N AP L Y TE R S

OUTLINE the international and domestic legal protections for people living in rural, regional or remote Australia.

Federal protections

The Social Security Act 1991 (Cth) introduced the Remote Area Allowance as a Commonwealth measure to assist people living in remote areas. This is an additional non-taxable payment to support the higher costs of living for people who live video remotely. Some commentators have argued thatwidget the allowance has notreporting kept pace with rising living costs (including inflation) in remote areas, and does not sufficiently address the level of disadvantage.

Australia’s Closing the Gap initiative aims to develop partnerships between Australian governments and Aboriginal and Torres Strait Islander Peoples and organisations.

The federal government aims to limit the ongoing disadvantage caused by historical mistreatment of these communities, such as assimilation policies. This includes a remote jobs and economic development program as there is a large First Nations population in rural, regionalquiz and remote areas.

As many rural, regional andword remote questions download communities have a higher proportion of Aboriginal and Torres Strait Islander peoples than major cities, the Closing the Gap initiative can significantly influence government priorities and funding in areas such as health, education, housing and employment within these communities.

Writing focus 24.4 Transitional note taking phrases

download pdf

State protections

The Regional Communities (Consultation Standards) Act 2024 (NSW) is a piece of legislation that governs how the NSW government responds to issues that affect regional, remote and rural communities. According to the Act, the government must consult regional communities in accordance with the Consultation with Regional Communities Guide, particularly where decisions may affect areas such as health, culture, education, the environment and economic wellbeing. The consultation framework lays out clear principles that should be followed such as meaningful engagement, transparency, localised focus, inclusivity and flexibility. This implementation of the Regional Communities (Consultation Standards) Act 2024 (NSW) aims to empower regional communities and promote engagement with the NSW government. It gives a voice to people living in these communities.

The federal and state governments formed an agreement named the National Legal Assistance Partnership, which ran between 2020 and 2025. The Partnership provided essential legal services such as legal aid, Aboriginal legal services and community legal centres. It aimed to ensure disadvantaged Australians had access to legal services and

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

170

Cambridge Legal Studies Stage 6 Year 11

information, which therefore upheld the rule of law. This was replaced by the National Access to Justice Partnership (2025–2030), under which the Australian Government committed $3.9 billion over five years to legal assistance services. This funding supports services such as women’s legal services and Aboriginal and Torres Strait Islander Legal Services. These services are significant for rural, regional and remote communities because they help improve access to legal assistance and information for people who may otherwise face barriers to accessing justice.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

State governments also play an important role in addressing regional disadvantage through targeted initiatives and funding programs. For example, in Victoria, the Regional Worker Accommodation Fund and the Regional Jobs and Infrastructure Fund are two key programs aimed at enhancing the living conditions and economic opportunities for workers.

In 2019, the NSW government allocated $54.8 million to establish the Roads to Home program. This program funds infrastructure improvements in Aboriginal communities, helping to improve access, safety and living conditions across the state. This program aims to reduce disadvantage and ensure that communities have the opportunity for safety, healthcare, education and employment. Since 2019, 61 communities have been granted funding from the program and a total of $137,518,206 has been spent on increasing equality and opportunity.

RESEARCH 24.4.1

Choose one of the initiatives below, then answer the questions that follow.

• • • •

Infrastructure Development Fund – Western Australian government – https://cambridge.edu.au/redirect/12134 Trunk Infrastructure Fund – Victorian government – https://cambridge.edu.au/redirect/12135 Regional Jobs Fund – Victorian government – https://cambridge.edu.au/redirect/12136 Roads to Home – NSW government – https://cambridge.edu.au/redirect/12137

1.

2.

3.

4.

Describe how your chosen initiative contributes to better access to justice.

Outline the goals and objectives of the government.

Discuss any achievements outlined on their website.

Identify if the needs of Aboriginal and Torres Strait Islander Peoples are a priority in this initiative.

A pilot program, the Aboriginal Domestic and Family Violence Court Support Project, was run in Moree and Gunnedah from 2024 to 2026. This initiative is a part of the National Plan to End Violence against Women and Children 2022–2032. In 2026, the pilot was still in progress, with a plan to evaluate its effectiveness after completion. This culturally responsive program provides Aboriginal support workers to assist Aboriginal families involved in domestic and family violence matters in court. As of June 2025, 19 clients had consented to use the program. This program aims to improve access to justice for Aboriginal families, who may face barriers to accessing legal and support services, particularly in regional and remote communities. The Aboriginal Domestic and Family Violence Court Support Project also aims to improve access to culturally appropriate support and assistance for people involved in domestic and family violence matters.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

171

REVIEW 24.4 Online quiz

Review 24.4 questions

video

widget

reporting

note taking

scorcher

Describe the aims and impacts of the Regional Communities (Consultation Standards) Act 2024 (NSW).

Outline what the Road to Home program is and its impact.

Assess how the National Legal Assistance Partnership upheld the rule of law.

Discuss the aims of the Domestic and Family Violence Court Support Project.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1.

2.

3.

4.

Access sample responses and results

Review questions

Go online to assign and download questions, view results and more! quiz

questions

download word

download pdf

24.5 Authorities that advocate for rights LEARNING OBJECTIVE 24.5

DESCRIBE the functions of authorities that advocate for and protect the rights of people living in rural, regional or remote Australia.

Domestic

The National Justice Project is a not-for-profit human rights organisation that focuses on human rights, including protecting the human rights of First Nations Peoples, refugees and people with disabilities. The organisation enables Aboriginal video widget and Torres Strait Islander communities to access services and support.reporting Many Aboriginal and Torres Strait Islander communities are located in rural, regional and remote areas, where access to services may be more limited. National Justice Project advocates for improved access to healthcare and challenges the discrimination and systemic inequality affecting marginalised communities.

The Regional Australia Institute is a Canberra-based, independent research body that focuses on social and economic development in regional Australia. This not-for-profit organisation conducts research, develops policy recommendations and advocates for initiatives that strengthen regional communities.

By informing government decisionquiz questions download word making, its work may contribute to improved access to services, infrastructure and opportunities in rural, regional and remote areas.

Writing focus 24.5 Transitional note taking phrases

download pdf

International

The World Organization of Family Doctors (WONCA) is an organisation that represents doctors and other health professionals internationally. (The acronym WONCA comes comes from the original name World Organization of National Colleges, Academies, and Academic Associations of General Practitioners/Family Physicians.) The organsation has a working party called Rural WONCA, which works

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

172

Cambridge Legal Studies Stage 6 Year 11

with the World Health Organization and provides a set of tools and resources for people involved with rural health systems. Although it is not a legal organisation, it works to close the medical gap between metropolitan communities and rural communities. Access to essential healthcare services can improve individual wellbeing and contribute to better social and economic outcomes.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Another important international body is the International Fund for Agricultural Development, a specialised agency run by the United Nations. Its main goals include inclusive and sustainable rural communities, but the focus is on developing countries, rather than Australia.

REVIEW 24.5 Online quiz

Review questions

Access sample responses and results

Review 24.5 questions 1.

2.

3.

4.

Describe the International Fund for Agricultural Development.

Outline the main goals of the International Fund for Agricultural Development.

Explain the impact of domestic advocacy groups for rural, regional and remote communities.

Outline the main goals of Regional Australia Institute.

Go online to assign and download questions, view results and more!

24.6 Contact with legal processes LEARNING OBJECTIVE 24.6

DESCRIBE how people living in rural, regional or remote Australia encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods.

The legal processes for people living rurally, regionally and remotely in Australia are similar to those living in metropolitan cities. The biggest difference is how difficult it can be to access the law from these locations. Difficulties include using the telephone or online services to receive legal advice or representation, large distances between places, including police stations, which may result in delays in investigation and achieving justice.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

173

Legal aid Writing focus 24.6 Noun phrases note taking (identify and develop)

scorcher

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Legal aid is a service that can be provided to socially and economically disadvantaged people at either no cost or very small cost. The government funds programs such as Legal Aid NSW or community legal centres to ensure everybody widget reporting has access to adequate legalvideo advice and representation.

By ensuring everyone can access the law in a fair and equitable way, the rule of law can be upheld – in particular, the notion that “the law is known and accessible”. People living in rural, regional or remote areas find it difficult to access legal aid. Legal Aid NSW attempts to close the access gap through circuit visits, online support and clinics.

Courts

Circuit courts or “bush courts” operate when a judge travels from one court to quiz download word another on scheduled visits.

State or federalquestions courts provide circuit courts, which are aimed at supporting rural, regional and remote communities’ access to justice.

download pdf

In addition to circuit courts, specialist courts also travel to rural, regional and remote locations. These courts aim to achieve justice and address key issues such as drug dependency or domestic violence. These courts can also be used to promote cultural inclusivity and equitable legal processes.

CASE STUDY 24.6.1

Drug Court of NSW (Dubbo)

The Drug Court of NSW is a specialised court that can take referrals from both local and district courts, if the offender meets the eligibility criteria, including having a drug dependency. These courts aim to address drug dependency, which may have been involved in the criminal activity. In New South Wales, there are currently four Drug Courts: Parramatta, Toronto, Sydney CBD and Dubbo. These courts are governed by the Drug Court Act 1998 (NSW) as well as Drug Court Regulation 2020 (NSW).

The NSW Bureau of Crime Statistics and Research has found that there was a 17% decrease in re-offending for participants who go through the Drug Court of NSW. Those who may have re-offended on average took 22% longer to commit another offence when they had been through the Drug Court of NSW. The Drug Courts aim to rehabilitate offenders and support their transition back into society through specially designed programs for drug dependency.

The Drug Court Amendment (Court Expansion) Regulation 2022 (NSW) came into effect in January 2023, meaning that matters may be referred to a newly established Drug Court of NSW (Dubbo). In 2021 the Deputy Premier announced a $27.9 million investment to expand the court to Dubbo.

The Drug Court of NSW aims to improve access to the law for regional areas and address drug-related offending in these areas. This court allows communities to access the specialised legal and health support they may need.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

174

Cambridge Legal Studies Stage 6 Year 11

MEDIA 24.6.1 Inside the growing push for more drug courts in regional NSW Kelly Fuller, ABC News, 17 April 2025 New South Wales public defender Talitha Hennessy has spent her career working with people caught in the justice system – many shaped by childhoods scarred by trauma, addiction, and abandonment.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

At a roundtable in Wollongong on Wednesday night, where the ABC and other local media were invited to observe, Ms Hennessy joined senior members of the judiciary, government, local councils and unions to discuss what it would take to establish a drug court in the Illawarra and Shoalhaven.

Speaking after the event, Ms Hennessy said it was not uncommon for clients facing serious charges to have grown up in homes where drug use was normalised and in some cases, where children were exposed to drugs by their own parents.

“It really is something that you see quite often, especially when you’re dealing with people who have committed really serious offences,” she said.

“They have a lack of parental control, their parents are drug users themselves, there is abandonment issues, it leads to children being exposed to that sort of environment at an early age.”

Over time, she said, drug use becomes a learned behaviour and overcoming it without structured support becomes increasingly difficult.

“It’s easy for people to say, ‘Just stop taking drugs’, but the reality is when addiction takes hold at a really young age through no fault of these children at all, it becomes incredibly difficult to just stop,” she said.

“You need that proper intervention to be able to do it and it’s in everybody’s best interests for that to happen earlier.” Ms Hennessy previously worked in Dubbo, where a drug court was established in 2023.

She described it as “an invaluable tool” in addressing the needs of vulnerable people in that region. “It’s rehabilitation intervention rather than incarceration,” she said.

“The statistics say it would reduce crime [in Wollongong] – especially offences like break and enter, which really cost the community.”

Wollongong, the Far North Coast and Central Coast were named in the 2024 NSW Drug Summit report as priorities for a specialist drug court.

Lawyer Matt Ward, a partner at a Wollongong firm, has been leading the push for a regional drug court and hosted this week’s roundtable.

He said the case for expansion was compelling, particularly given that while overall drug use was declining across NSW, the Illawarra had seen amphetamine-related crime rise by 60% annually over the past two years.

Drug courts, currently operating in Sydney, Parramatta, Toronto (Lake Macquarie), Dubbo and the Hunter, provide a tightly supervised rehabilitation pathway for people whose offending is driven by drug addiction. Participation is only available to adults who plead guilty and meet strict eligibility criteria – those convicted of serious drug supply, sexual, or violent offences are excluded. Offenders must also live in or have been arrested in one of the court’s designated postcodes.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

175

Mr Ward said offenders who complete the program were 17% less likely to reoffend than those in the regular system.

They are also 65% less likely to commit a violent offence, 58% less likely to commit another drug offence and 35% less likely to commit a property crime.

Around 40% of participants complete the full program.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

There are currently around 13,500 people in prison in NSW. The cost of incarcerating one person for a year is more than $153,000.

“The reality is that jail is highly expensive – and it doesn’t work in terms of reducing reoffending,” Mr Ward said. Wollongong MP and Labor minister Paul Scully also attended the roundtable and said he was heartened the area was recognised in the Drug Summit report.

“We can put forward a strong case,” he said, noting the recent expansion of local health services. The group agreed to progress the campaign and contact the Illawarra Shoalhaven Local Health District about supporting the program’s rehabilitation needs.

The NSW government has committed to responding to the Drug Summit report within six months.

ANALYSIS 24.6.1

Read Media 24.6.1 and answer the following questions.

1. Describe the purpose of implementing Drug Courts in rural, regional or remote areas of New South Wales.

2. Analyse how specialist courts such as Drug Courts differ from traditional courts.

3. Explain how expanding the number of Drug Courts may improve access to justice for rural, regional and remote communities.

Law enforcement agencies

In NSW, crime rates are generally higher in rural, regional and remote areas, compared to those in Greater Sydney. This increases the demand for law enforcement services, such as police. However, these communities face issues of retaining and employing enough law enforcement officers to service areas. There have been incentives introduced to try to entice more officers to work in these communities.

Some of these incentives include financial payments, subsided housing and quicker promotions. This is a common practice for public servant roles in New South Wales with teachers, nurses and doctors being offered similar incentives.

The Department of Communities and Justice (DCJ) further enforces and responds to domestic or family violence and child protection matters. Its main roles are to protect vulnerable individuals and support victims. It may also take action to protect children who are assessed as being at risk of significant harm and may apply to the Children’s Court for orders where necessary. The DCJ can also oversee parental contacts and facilitate court orders. The DCJ’s priorities for rural, regional and remote communities include improving access to justice, resolving unmet legal needs and breaking the cycle of disadvantage.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

176

Figure 24.6.1 The Attestation Parade at the NSW Police Academy, Goulburn, 22 August 2025

Dispute resolution methods

Generally, the legal system promotes low-cost, time-efficient and confidential alternatives to court where appropriate. Alternative dispute resolution methods generally use a neutral third party to facilitate an outcome that satisfies both parties.

These processes can be used to resolve parental arrangements, discrimination matters, employment issues, property matters or other general disputes. Alternative dispute-resolution processes, including mediation, conciliation and negotiation, can have positive impacts for the parties involved. If these services are ineffective, then individuals may need to go through the traditional court system. However, access to alternative dispute resolution can still be challenging in some rural, regional and remote areas, as services such as mediation and conciliation require access to trained practitioners.

REVIEW 24.6 Online quiz

Review questions

Access sample responses and results

Review 24.6 questions 1.

2.

3.

4.

Identify the main function of legal aid services.

Describe the issues rural, regional and remote communities face with law enforcement.

Discuss the implementation of the Drug Court of NSW (Dubbo).

Assess the effectiveness of specialist courts such as the Drug Court of NSW (Dubbo).

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia quiz

questions

download word

177

download pdf

24.7 Alternative approaches to justice LEARNING OBJECTIVE 24.7 DESCRIBE alternative approaches to justice available to people living in rural, regional or remote Australia.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Restorative justice programs

Restorative justice programs facilitate active participation and focus on relationship repair. These practices have generally been associated with lower rates of re-offending and can be used in rural, regional and remote areas. Restorative justice processes differ from traditional courtvideo structures and relywidget on participation fromreporting all parties, including the victim and community. Examples include mediation and circle sentencing, although these approaches are not suitable for all cases, particularly where safety concerns or significant power imbalances exist.

Writing focus 24.7 Conjunctions note taking (subordinating – contrast)

CASE STUDY 24.7.1

Youth Koori Court (Dubbo)

quiz questions Youth Koori Courts are adapted from traditional court programs designed todownload reduce the word over-representation of Aboriginal and Torres Strait Islander Peoples in the criminal justice system. This is a specialised sentencing process within the Children’s Court to address the over-representation of Aboriginal and Torres Strait Islander Peoples in the criminal justice system. This process involves young offenders, Elders, respected community members, family members and support persons in the sentencing process. This structure is used for young offenders or children, and offers a holistic approach to the criminal justice system.

After the establishment of the Parramatta Youth Koori Court, the NSW Bureau of Crime Statistics and Research noted that participants have an equivalent to 40% reduction in probability of being sentenced traditionally.

download pdf

In March 2023, Dubbo became the first regional site for the Youth Koori Court program. The court sits frequently in Dubbo and is a culturally responsive measure to stop youth from re-offending.

The introduction of this court aims to improve access to culturally responsive justice for Aboriginal and Torres Strait Islander young people in rural, regional and remote locations.

Figure 24.7.1 Dubbo (Wiradjuri: Dhubu) is a major regional city in the Orana Region of New South Wales.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

178

Cambridge Legal Studies Stage 6 Year 11

Circle sentencing

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Circle sentencing is an alternative approach to justice, available to eligible adult Aboriginal offenders who have been found guilty or have pleaded guilty in a local court. It involves community members, Elders and support persons in the sentencing process, but the magistrate remains responsible for imposing the final sentence.

This process traditionally takes place in a circle that includes the offender, respected community members, support people and the judge, and the victim has the option to be involved. This is run by the Aboriginal Services Unit and is an alternative approach to justice that aims to be culturally responsive. The NSW Bureau of Crime Statistics and Research found that 9.6% of offenders were less likely to re-offend than those who went through the traditional sentencing process. As many Aboriginal and Torres Strait Islander Peoples live in rural, regional and remote communities, circle sentencing can contribute to a more culturally responsive legal system. Circle sentencing can be accessed in many locations in New South Wales, including Wagga Wagga, Dubbo, Bourke and Armidale.

MEDIA 24.7.1

Wagga Wagga’s move to circle sentencing benefits Indigenous offenders, community Emily Doak, ABC News, 13 Oct 2023

The cycle of Indigenous disadvantage, crime and incarceration is familiar to Wiradjuri elder Lloyd Dolan.

“I got a family history of brothers and sisters that were involved with correctional facilities, and inside,” he said.

Mr Dolan is using his lived experience to help change the narrative in his community.

He is a community representative in circle sentencing, which has been operating in Wagga Wagga in southern New South Wales for the past nine months.

“Letting people know that they are not the only ones going through this – many of us have grown up with similar circumstances and it’s showing that you can do something different,” Mr Dolan said.

Greater depth

A report by the Bureau of Crime Statistics and Research (BOSCAR) in June found Aboriginal inmates made up 29.6% of the adult prison population in NSW and 58.9% of young people in juvenile detention.

In circle sentencing, respected Aboriginal community members, the offender’s family, victims, and the Local Court Magistrate work together to determine an appropriate sentence.

The system has been operating at the Wagga Wagga Local Court since late 2022.

Magistrate Rebecca Hosking said the collaborative process was different to formal courtroom proceedings.

“The features that we see so often in our courtrooms are drugs, alcohol, trauma, mental health issues,” she said.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

179

“In the circle process, we have much more time and information to delve into these and develop a sentence that’s structured, with a view to managing and dealing with some of these underlying issues.”

Wiradjuri woman Simone Jolley, who works for the Department of Communities and Justice, said the opportunity for people to tell their own stories was important.

“The solicitor will speak for the offender in court and the police will speak for a victim – in circle [sentencing] they can speak to each other in a safe cultural space,” she said.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

“It can be very healing, especially for the victim because it’s not just the offender that circle is there for.”

“Culturally safe” place

Ms Jolley wove a mat that is used during circle sentencing.

“The centrepiece is an Aboriginal flag, around the outside are some wavy pieces which represent the great serpent who is a lore keeper and helped carve the rivers and mountains here in Wiradjuri country,” she said.

“It’s a yarning mat, we sit it there in the centre of the circle, it also helps to bring that beautiful culturally safe space to an otherwise tense situation or conversation.”

She said the circle process was closer to traditional Aboriginal practices.

“The way that Aboriginal people used to deal with things like that, we would sit down and talk these things out,” she said.

Mr Dolan said he had seen the profound impact circle sentencing had on offenders.

“Physically in a circle, talking to the judge, talking to the lawyer and the solicitors, they’re there but they’re not doing all the talking – it’s up in the community members, the elders, and the person themselves actually gets to speak,” he said.

“They think, ‘It’s not just about me, I’ve now got elders, I’ve got other people that have taken an interest in what’s good for [me] and how to change my life’ — so they have more of a commitment.”

Mr Dolan said it had also given him a new perspective on what services were available in the Aboriginal community and what extra support was needed.

Breaking the cycle

Research by the NSW Bureau of Crime Statistics and Research in 2020 found that 8.7% of offenders undergoing circle sentencing received a prison sentence compared with 18% in traditional sentencing.

The study also showed that offenders were less likely to re-offend within [a] year – 36.6% of those in circle sentencing compared to 40.5% in traditional sentencing.

Ms Hosking said that outcome had the potential to generate long-lasting change.

“What we do see is generational crime, we see families returning at three different generations,” she said.

“Even small percentage points can, in the long run, have a very significant impact.”

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

180

Figure 24.7.2 The Court House in Wagga Wagga serves as a key regional court in the Riverina area of New South Wales.

ANALYSIS 24.7.1

Read Media 24.7.1 and answer the following questions.

1. Identify an important quote from the article about what circle sentencing is and its impact.

2. Describe one key feature of circle sentencing.

3. To what extent does circle sentencing improve access to justice for Aboriginal communities?

REVIEW 24.7 Online quiz

Review questions

Access sample responses and results

Review 24.7 questions 1.

2.

3.

4.

Identify what restorative justice programs are.

Describe circle sentencing. Explain why it is culturally responsive.

Outline the advantages of alternative justice programs.

Explain why circle sentencing or Youth Koori Courts can helo First Nations Peoples to achieve justice.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

quiz

questions

download word

24.8 The role of non-government organisations

181

download pdf

LEARNING OBJECTIVE 24.8 IDENTIFY non-government organisations that represent the interests of people living in rural, regional or remote Australia.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE the roles non-government organisations fulfil.

Non-government organisations

There are numerous non-government organisations in Australia that support law reform and improve access to the law for groups living in rural, regional or remote areas. These groups play an important role in promoting awareness and providing video in rural, regional widget reporting effective services to people living and remote communities.

Writing focus 24.8 Transitional note taking phrases

One such group is the Foundation for Rural Regional Renewal Australia (FRRR).

This foundation collaborates with communities to form locally led solutions and opportunities. FRRR claims to bridge gaps by building local skills and supporting community-led initiatives. In unison with the government, it has awarded $213 million in grants since its establishment in 2000 to more than 16,000 projects.

The FRRR is built on the notion of collaboration and a place-based approach to find ways forward.

download The National Rural Woman’squiz Coalition gives aquestions voice to the women living in word rural, regional or remote areas in Australia. This organisation uses collaboration and consultation to implement improvements. The organisation aims to provide women with opportunities to raise issues and advocate for better social, economic and environmental outcomes.

download pdf

RESEARCH 24.8.1

Choose one of the rural, regional or remote advocacy groups listed below and search for its social media handles. Then answer the questions that follow.

• • •

National Rural Women’s Coalition Foundation for Rural Regional Renewal Rural Connect Foundation

1. Identify the goals and aims of the organisation.

2. Describe the role of non-governmental organisations in supporting people living in rural, regional and remote locations.

3. Outline one example of a campaign, message or resource the group has published that aims to raise awareness or take action on an issue.

4. Discuss the potential challenges these non-government organisations may face.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

182

Cambridge Legal Studies Stage 6 Year 11

Media

SA D I M GI PL T A E L C -O H N AP L Y TE R S

While the media may not always have a positive impact on all parts of the legal system, it is an extremely useful tool for those living in rural, regional and remote areas. The media can be used to raise awareness and advocate for the reality of what it is like to live in these locations. Using media platforms, the scope of shared knowledge can grow. In addition, media can be used as a tool to educate, such as through anti-domestic violence campaigns. Media coverage of events such as the Lismore floods in 2022 garnered widespread attention and prompted government reviews of disaster preparedness, recovery measures and support services.

Having access to differing media platforms connects services such as telehealth, counselling, social connection, business promotion and employment. Limited media access can further isolate communities and limit sharing of information.

REVIEW 24.8 Online quiz

Review questions

Access sample responses and results

Review 24.8 questions

1. Describe the role of the media in rural, regional and remote parts of Australia.

2. Identify non-government organisations that support rural, regional and remote parts of Australia.

3. Examine the significance of non-government responses.

Go online to assign and download questions, view results and more!

Figure 24.8.1 Floods in Lismore, February 28 2022.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

RESPONSIVENESS OF THE LEGAL SYSTEM quiz questions download word

183

download pdf

24.9 Indicators of success in achieving justice LEARNING OBJECTIVE 24.9

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the indicators used to measure the success of achieving justice for people living in rural, regional or remote Australia.

Thirty years after the Royal Commission into Aboriginal Deaths in Custody, the Australian government announced its Justice Reinvestment commitment. This program involved the government investing $69 million between 2022 and 2023 and $20 million per year from 2026 to 2027 to help reduce the over-representation of First Nations Peoples in the video criminal justice system.

This program works differently widget reporting in each community, but broadly aims to promote access and opportunity to resources and programs which support First Nations communities. All the communities have an active part in the planning process and have a say in what is needed. Below are some examples of where the funding has been allocated: • • • •

Aboriginal Legal Service of Western Australia Ltd (WA) Cowra Information and Neighbourhood Centre Incorporated (NSW) Gindaja Treatment and Healing Indigenous Corporation (Yarrabah, Qld) Aboriginal and Torres Strait Islander Corporation FVPLS / Djirra (Vic). quiz

questions

download word

As discussed previously, the expansion of specialised courts and court programs has been instrumental in rural, regional and remote communities achieving justice. This is highlighted through the introduction of Drug Court of NSW (Dubbo) and the use of circle sentencing procedures in many rural, regional and remote places. These measures complement broader initiatives, such as Justice Reinvestment, which aim to address the underlying causes of offending and reduce contact with the criminal justice system.

Writing focus 24.9 Transitional note taking phrases

download pdf

In November 2024, Community Legal Centres Australia released its annual report which highlights some indicators of success. Community legal centres travelled more than 1.2 million kilometres to assist people in rural, regional and remote areas.

They also ran preventive education programs that reached 161,000 people, again promoting access to the law.

After the COVID-19 pandemic, NSW courts significantly increased their capacity to use technology in courts. This provides many people in rural and remote communities with an additional option for participating in legal proceedings, and can improve efficiency and accessibility in some circumstances.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

scorcher

184

REVIEW 24.9 Online quiz note taking

eporting

scorcher

Review questions

Access sample responses and results

Review 24.9 questions 1.

2.

3.

4.

Outline how community legal centres have affected access to justice for rural, regional and remote communities.

Identify how technology can affect those living rurally, regionally or remotely.

Describe the expansion of specialised courts and court programs and their impacts.

Discuss the Justice Reinvestment commitment and its impact.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

nload word

eporting

Cambridge Legal Studies Stage 6 Year 11

nload word

Go online to assign download pdf and download questions, view results and more!

24.10 Barriers to achieving justice LEARNING OBJECTIVE 24.10

ANALYSE the barriers that prevent people living in rural, regional and remote Australia from achieving justice within the legal system.

Writing focus 24.10 Noun phrases note taking (develop)

download pdf

electorate a geographically defined area that is based on the population of voters

Regional, rural and remote areas often experience lower access to legal services than metropolitan areas. The Law Council of Australia has identified that there are continuing issues around the recruitment and retention of legal practitioners in regional, rural and remote communities. This leads to individuals not having adequate access to legal representation and advice. Historically, rural and regional scorcher Australia has experienced difficulties attracting and retaining legal practitioners.

Not having adequate legal representation undermines principles such as the rule of law and may cause delays in legal processes. In addition, it may force vulnerable individuals to spend large amounts of money to be represented or to travel.

Limited legal services may reduce access to specialised justice programs, while concerns remain about the availability of culturally appropriate legal services for Aboriginal and Torres Strait Islander Peoples. This is detrimental to the function of the law as Aboriginal and Torres Strait Islander Peoples make up a higher proportion of the population in many regional and remote communities than in major cities.

Levels of socio-economic disadvantage generally increase with remoteness. According to the National Rural Health Alliance and the Australian Council of Social Services, in 2013, 18 of 20 electorates that had the lowest household incomes were outside major cities. This may be due to many factors, including access to employment, lack of education or reliance on agriculture for income. According to the Australian Institute of Health and Welfare, unemployment payments substantially increase with the increase in remoteness. Some regional and remote communities experience higher living costs and lower average incomes than major cities. Research has identified a relationship between socio-economic disadvantage and some forms of crime, although crime patterns are influenced by a range of social, economic

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural, regional or remote Australia

185

and demographic factors. While there are services such as legal aid to support disadvantaged individuals, this can be a slow process that delays access to justice.

Overall, economic disadvantage affects the ability for justice to be achieved in an equitable way.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In a 2025 submission from NSW Farmers to the Department of Social Services Inquiry into rural housing, it was noted that there are not adequate housing options for farms to retain employees. This lack of housing and infrastructure also means that it is harder to move to these areas for any other occupations. According to ABS data, housing shortages in regional areas can contribute to housing insecurity and may increase the risk of homelessness, particularly for vulnerable groups, including some Aboriginal and Torres Strait Islander communities.

The Regional Telecommunications Independent Review Committee conducts periodic reviews of telecommunications services in regional, rural and remote Australia.

This committee then presents its findings to the Federal Government, and it can use the information to inform their policies and budget. In December 2024, the committee submitted its findings. While overall access to internet and broadband has greatly improved for many, affordability remains a significant challenge. The committee also recommended improvements to digital literacy, telecommunications infrastructure and connectivity. These improvements could help connect those in rural, regional and remote areas to justice services.

REVIEW 24.10 Online quiz

Review questions

Access sample responses and results

Review 24.10 questions 1.

2.

3.

4.

Describe how not having access to a legal practitioner can create disadvantage.

Explain why levels of disadvantage may be higher in remote, regional or rural places.

Discuss why levels of socio-economic disadvantage affect access to justice those living in rural, regional or remote areas.

Explain the implication of not having consistent access to reliable telecommunication services.

Go online to assign and download questions, view results and more!

Figure 24.10.1 Aerial view of Narrabri, in North West NSW. Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

186

Cambridge Legal Studies Stage 6 Year 11

End of chapter Revise and consolidate your learning with these online tools: Download or answer questions online View suggested responses Writing focus worksheets

• • • •

Individual and whole class student reports Assign tasks and track results Print chapter tests Create and print custom practice exams

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • •

Teachers can access these additional downloadable resources and Learning Management System features:

Chapter summary •

• • •

• • •

• •

The Australian government broadly defines regional, rural or remote places as areas that are outside the major cities. They use a system named the Australian Statistical Geography Standard.

Crime rates in regional NSW are considerably higher than those in Greater Sydney.

The Remote Area Allowance is a Commonwealth payment designed to assist people living in remote areas and is currently provided under the Social Security Act 1991 (Cth).

In New South Wales, the Regional Communities (Consultation Standards) Act 2024 (NSW) is a piece of legislation that aims to improve how NSW government agencies consult with regional communities on matters that affect them.

The Roads to Home program funds infrastructure improvements in Aboriginal communities to improve access, safety and living conditions.

Regional Australia Institute is a Canberra-based, independent research body that focuses on strengthening and supporting social and economic development.

The Drug Court Amendment (Court Expansion) Regulation 2022 came into effect in January 2023, meaning that matters may be referred to a newly established Drug Court in Dubbo, NSW. Levels of socio-economic disadvantage generally increase with remoteness.

Regional, rural and remote areas often experience lower access to legal services than metropolitan areas. The Law Council of Australia identified that there are ongoing issues around the recruitment and retention of legal practitioners in regional, rural and remote communities.

Multiple-choice questions

1. The main purpose of legal aid in Australia is to: A. represent offenders in corporate cases.

B. replace private law firms.

C. provide free legal advice to everyone.

D. provide accessible and low-cost legal assistance.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 24: People living in rural regional or remote Australia

187

2. If regional, rural and remote communities lack access to the law, which principle does this violate?

A. Rule of law B. Division of powers C. Court hierarchy D. Separation of powers

SA D I M GI PL T A E L C -O H N AP L Y TE R S

3. Why is Drug Court of NSW (Dubbo) significant for regional access to justice?

A. It operates online.

B. It focuses on metropolitan offenders.

C. It removes judicial discretion.

D. It improves access to specialist court services.

4. The main aim of the Regional Communities (Consultation Standards) Act 2024 (NSW) is to: A. remove community input to policymaking.

B. override local government.

C. provide a framework for discussion before major decisions are made.

D. provide a platform for metropolitan citizens to discuss the law.

5. How do specialist courts such as the Drug Court of NSW aim to improve outcomes?

A. By ignoring systemic issues B. By applying mandatory sentencing C. By addressing social and systemic factors linked to the offence D. By limiting judicial discretion

Short-answer questions

1. Describe the barriers that people in rural, regional and remote areas face when accessing justice.

2. Outline the types of offences that occur at higher rates in rural, regional and remote NSW communities than in Greater Sydney.

3. Discuss the role of specialised courts in achieving justice.

4. Assess non-government organisations, involvement in achieving justice for rural, regional and remote communities.

Extended-response question

Evaluate the effectiveness of legal and non-legal responses in achieving justice for people living in rural, regional and remote areas in Australia.

Marking criteria for extended response questions can be found in the Interactive Textbook.

Refer to these criteria when planning and writing your responses.

Video 24.11.1 Answering an exam question

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

188

25

People who are culturally and linguistically diverse

SA D I M GI PL T A E L C -O H N AP L Y TE R S

CHAPTER

ABOUT THIS CHAPTER

This chapter has a “formative assessment” focus, giving students an opportunity to develop their skills in assessing, evaluating and communicating legal issues relating to people who are culturally and linguistically diverse (CALD). It provides an overview of the characteristics, issues and challenges lawmakers face when responding to the needs of CALD individuals and groups in a modern multicultural liberal democracy. The chapter also examines access to justice and the responsiveness of the legal system to the experiences of CALD Australians.

The chapter adopts an “action research” approach, allowing students to complete a second case study on a group that has a unique experience with the law in Australia. A brief overview of the syllabus content provides foundational knowledge before students undertake deeper investigation under teacher guidance and in accordance with syllabus standards and requirements.

Sample research-based questions are provided at the end of the chapter to support students in further researching, critically analysing and communicating the effectiveness of the law in achieving justice for CALD people.

The opportunity to develop and investigate their own research questions encourages students to think more deeply about the challenges CALD Australians may face when interacting with the legal system and the extent to which the law responds to their needs.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

189

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: • • •

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

define what is meant by being culturally and linguistically diverse describe the reasons people who are culturally and linguistically diverse may need protection under the law describe the reasons for which people who are culturally and linguistically diverse encounter the legal system explain the issues people who are culturally and linguistically diverse experience when they have contact with the law outline the international and domestic legal protections for people who are culturally and linguistically diverse describe the functions of authorities that advocate for and protect the rights of people who are culturally and linguistically diverse describe how people who are culturally and linguistically diverse encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods describe alternative approaches to justice available to people who are culturally and linguistically diverse identify non-government organisations that represent the interests of people who are culturally and linguistically diverse describe the roles non-government organisations fulfil analyse the indicators used to measure the success of achieving justice for people who are culturally and linguistically diverse analyse the barriers that prevent people who are culturally and linguistically diverse from achieving justice within the legal system.

• • •

• • • • •

RELEVANT LAW

IMPORTANT LEGISLATION Racial Discrimination Act 1975 (Cth) Migration Act 1958 (Cth) Anti-Discrimination Act 1977 (NSW) Fair Work Act 2009 (Cth) Evidence Act 1995 (NSW)

Multicultural Act 2000 (NSW) Ageing and Disability Commissioner Act 2019 (NSW) Health Care Complaints Act 1993 (NSW)

SIGNIFICANT CASES

The following cases are not referred to in the chapter text but provide a sample of cases that provide insights into the types of precedent cases involving culturally and linguistically diverse individuals that can be researched.

Kanapathy v InGloba Strategy Pty Ltd [2021] FCCA 1011 (Indirect discrimination) Abdulrahman v Toll Pty Ltd trading as Toll Express [2006] NSWADT 221 (Vicarious liability) Murugesu v Australian Postal Corporation & Anor [2015] FCCA 2852 (Racism) Bedi v State of New South Wales (NSW Police Force) [2018] NSWPC 1 (Ethnoreligious rights in care) Australian Medical Council v Wilson [1996] 137 ALR 653 (Overseas professional qualifications) Arora v Blue Mountains Grammar School [1998] NSWADT 15 (Education and religious identity) Abalos v Australian Postal Commission (1990) 171 CLR 167 (How the credibility of CALD witnesses is handled)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

190

Cambridge Legal Studies Stage 6 Year 11

25.1 Introduction LEARNING OBJECTIVE 25.1 DEFINE what is meant by being culturally and linguistically diverse.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In the Australian context, culturally and linguistically diverse (CALD) is a term used predominantly by government agencies, researchers and community organisations to describe the segment of the population that differs from the Anglo-Celtic majority.

The term “non-English-speaking background” was used in the past, but it reflected more about what people could not do as opposed to a person’s cultural identity.

Using the label of CALD is not about defining a person on a single factor but a range of demographic characteristics such as: • • • •

country of birth languages spoken other than English ancestry and heritage religious affiliation.

The CALD label is used primarily to ensure equity of access in public services. Because people in this group may face specific barriers, the definition helps the government allocate resources in areas such as healthcare, aged care and within legal and social services.

Lastly, the use of the term CALD can cover a diversity of people and experiences from skilled workers to refugees, and it should be noted that there are many people born oversees who do not identify with the label CALD. It does not include Aboriginal and Torres Strait Islander Peoples, who are also culturally and linguistically diverse but are recognised as First Nations Peoples with a distinct status, requiring their own specific policy frameworks and self-determination.

Figure 25.1.1 Members of the Nusantara Sydney Dance group perform a peacock dance for onlookers in the Chinatown district on 1 February 2025 in Sydney, Australia.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

191

THE NATURE OF THE EXPERIENCE 25.2 The need for protection under the law LEARNING OBJECTIVE 25.2

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE the reasons people who are culturally and linguistically diverse may need protection under the law.

People from culturally and linguistically diverse (CALD) backgrounds often face unique systemic barriers that require specific legal protections to ensure they are able to understand and access the legal system when required. These types of protections are aimed at preventing harm from discriminatory behaviour and criminal offences as well as ensuring that CALD people can navigate and access the legal system. CALD people must overcome barriers to ensure equitable access to justice in a system that assumes a high level of English proficiency and familiarity with Australian legal concepts and processes.

CALD individuals can face a double disadvantage where they are not only subject to the same legal issues as others but also face significant challenges to resolving them due to these systemic barriers. Some of the key reasons for additional protections include the following:

• Language barriers – Australian law is deeply rooted in complex English terminology, so individuals with limited English proficiency may struggle to understand their rights, sign contracts they do not fully comprehend, or have difficulty giving accurate testimony in court. An example of a legal protection is the right to a qualified interpreter to ensure that a person understands the agreements they may be entering into or the legal procedure they may be involved in or subject to.

• Discrimination – Numerous studies have documented the practice of what researchers call “code switching”. This is where CALD individuals feel forced to change their speech, names or appearance to avoid bias in professional and legal settings, or to fit in socially. Anti-discrimination laws such as the Racial Discrimination Act 1975 (Cth) are essential to protect people from being penalised for their cultural identity, accent or religious attire. You can read more about code switching and discrimination at https://crl.acrl. org/index.php/crl/article/view/16765/18770 and https://www.dca.org. au/a-note-on-language-culturally-and-racially-marginalised-women-at-work.

• Systemic and structural vulnerability – Many CALD people, particularly those on temporary visa arrangements or from refugee backgrounds, are more vulnerable to workplace exploitation (wage theft), are unable to access the support services available to them, or if subject to issues such as family and domestic violence, may face cultural barriers to seeking help. In some cases, a person’s visa status can be used as a “threat” to keep them from reporting crimes or seeking help from authorities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Cambridge Legal Studies Stage 6 Year 11

• Cultural misinterpretation in legal proceedings – Legal outcomes can be swayed by a person’s demeanour or how a person looks or acts while giving evidence. In many Western courts, avoiding eye contact might be viewed as suspicious, whereas in many CALD cultures, it is a sign of respect for authority.

Legal guidelines, such the NSW Equality Before the Law Bench Book, help protect CALD individuals from being unfairly judged based on these cultural differences.

The Equality Before the Law Bench Book is available online at https://www. lawsociety.com.au/sites/default/files/2018–03/Equality_before_the_Law_Bench_ Book_0.pdf (refer to Section 3).

SA D I M GI PL T A E L C -O H N AP L Y TE R S

192

25.3 Reasons for encountering the legal system LEARNING OBJECTIVE 25.3

DESCRIBE the reasons for which people who are culturally and linguistically diverse encounter the legal system.

People from CALD backgrounds encounter the legal system in the same ways that all people do such as buying a car, renting or buying a property. However, quite often their migration status, cultural practices or language barriers present additional issues, such as discrimination or matters that can be exacerbated when cultural considerations complicate interactions with the law.

The following are some of the main reasons CALD individuals encounter the legal system in New South Wales and Australia:

• Migration and visa issues – These are primality dealt with under the Migration Act 1958 (Cth) and its regulations. For many CALD individuals, their legal right to remain in Australia is the foundation of all other legal interactions. They may have to engage with the Department of Home Affairs in relation to visa appeals, cancellations, refusals or protection (refugee and humanitarian) visa claims. At times, CALD individuals experience legal issues when their visa status is used as a tool of coercion by employers or partners through threats of deportation.

• Workplace exploitation – Newly arrived migrants and international students are statistically more likely to be victims of “wage theft” and unsafe working conditions. Major surveys, such as the National Temporary Migrant Work Survey and reports by the Migrant Justice Institute, show very high levels of underpayment. The Fair Work Ombudsman 2024–25 Annual Report showed that while awareness is rising, the problem remains “endemic”. The Fair Work Ombudsman reported that there were recoveries up to $358 million in unpaid wages for more than 249,000 workers in the 2024–25 financial year alone.

• Discrimination and civil rights – CALD individuals frequently enter the legal system as complainants regarding treatment in public or professional life.

Action can be taken under the Racial Discrimination Act 1975 (Cth) or the Anti-Discrimination Act 1977 (NSW) for acts of discrimination, hate speech or harassment (racial vilification). Legal disputes also arise from being denied housing (rental discrimination) or insurance based on a CALD individuals, backgrounds or “perceived risks”.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

193

• Criminal justice and over-policing – Interactions with the police and criminal courts can occur due to a lack of “legal literacy” or systemic bias, such as: > Unawareness of local laws – CALD individuals may be involved in accidental breaches of law (e.g. fishing regulations, driving laws or social distancing rules) because the rules in Australia differ significantly from their home country.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

> Bias and over-policing – Certain CALD youth cohorts may experience higher rates of “stop and search” or “move-on” orders, leading to early entry into the criminal justice system.

• Family and domestic violence – CALD communities encounter the legal system at high rates in relation to family law, often involving complex interactions with the law that are influenced by CALD factors. Encounters can be in regard to seeking apprehended domestic violence orders or in areas where specific legal issues are more prevalent in certain CALD communities such as forced (arranged) marriages and dowry abuse. Interactions with the Department of Communities and Justice in regard to care and protection issues can be the result of differing cultural parenting norms or the impacts of settlement (refugees) trauma on family stability.

Figure 25.3.1 Case worker and former child bride Eman Shrobeem outside a girls college in Sydney where she spoke to students about domestic violence, slavery and women trafficking in Australia.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

194

Cambridge Legal Studies Stage 6 Year 11

25.4 Issues arising from contact with the law LEARNING OBJECTIVE 25.4

SA D I M GI PL T A E L C -O H N AP L Y TE R S

EXPLAIN the issues people who are culturally and linguistically diverse experience when they have contact with the law.

When individuals from CALD backgrounds interact with the legal system in New South Wales and across Australia, the issues that arise often go beyond aspects of the law itself and are predominantly linked to tension between a CALD person’s cultural background versus the procedural framework and norms upon which our legal system has been developed over time. This can lead to significant unintended consequences outlined in the following: • Procedural fairness – Ultimately, procedural fairness is aimed at ensuring all people are treated equally before the law. However, the process can be inherently unfair if a person cannot participate fully – this has been termed the “fairness gap”.

• A lack of understanding of the law – CALD individuals may not realise that a minor legal interaction can have a significant impact on their life in Australia.

For example, a minor criminal conviction or even certain police cautions can lead to a “character test” failure under the Migration Act 1958 (Cth), which would potentially result in a visa cancellation or deportation (removal from Australia), regardless of how long the person has lived in Australia. A person might breach a law they did not know existed, such as having a fishing or driving licence, and end up with a fine or minor criminal record that limits their future employment.

• Interpreter quality and availability – Relying on an interpreter is not the same as speaking for oneself, and meaning can be lost in translation. A lack of qualified interpreters in specific dialects can also stall a case, leading to an outcome being delayed.

• Misidentification of aggressors – Research consistently shows that women, particularly those from CALD backgrounds, are disproportionately misidentified as the “primary aggressor” when they are, in fact, the victim–survivor. A study

by Women’s Legal Service Victoria found that when police identified a woman as the primary aggressor in a family violence incident, they were mistaken 58% of the time. Specialist service inTouch (for migrant and refugee women) estimates that one-third of their clients have experienced misidentification by police or the judicial system. You can read more about this in the following online resources:

> Madeleine Ulbrick and Marianne Jago, ‘“Officer she’s psychotic and I need protection”: Police misidentification of the “primary aggressor”’, 8 October 2018, Women’s Legal Service Victoria, https://cambridge.edu.au/redirect/12208.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

195

> “The causes and consequences of misidentification on women from migrant and refugee communities experiencing family violence”, February 2022, inTouch, https://cambridge.edu.au/redirect/12209. > Nancarrow, H., Thomas, K., Ringland, V. & Modini, T. (2020). Accurately identifying the “person most in need of protection” in domestic and family violence law (Research report, 23/2020). Sydney: ANROWS, https://cambridge.edu.au/ redirect/12210.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• Systemic “over-policing” – Issues arise when certain communities are targeted more frequently for minor checks. Research indicates that CALD communities in Australia experience systemic over-policing, characterised by disproportionate contact with law enforcement for minor checks and proactive policing measures.

This phenomenon often correlates with racial profiling and is particularly prevalent among refugee and migrant youth populations. The National Justice Project (2025) reported that “proactive” policing strategies often result in the over-surveillance of CALD and First Nations youth, creating a pipeline into the legal system for non-violent conduct. You can read more about this at the National Justice Project website and https://cambridge.edu.au/redirect/12211.

• Re-traumatisation and fear – For many refugees, the law in their country of origin was used as a tool of oppression or corruption. Contact with police can trigger past trauma, leading to “flight or fight” responses that police may interpret as non-compliance or resistance that can lead to an escalation of force. In some communities, any contact with the law, even as a victim, can carry a social “shame” resulting in the person losing their support network or being ostracised.

Figure 25.4.1 Backpackers often find work during fruit-picking seasons in Australia. They can be vulnerable to poor conditions and wage theft.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

196

Cambridge Legal Studies Stage 6 Year 11

ACCESS TO JUSTICE 25.5 Protection under the law LEARNING OBJECTIVE 25.5

SA D I M GI PL T A E L C -O H N AP L Y TE R S

OUTLINE the international and domestic legal protections for people who are culturally and linguistically diverse.

Legal protections for culturally and linguistically diverse (CALD) individuals are provided at state and federal levels. Protections are also provided through international treaties to which Australia is a signatory. However, this involves ratification of those treaties, which in Australia requires legislation encompassing the key provisions of the treaty to be passed in either the federal or state parliaments.

Domestic protections

Domestic laws provide the most direct, enforceable protections in all aspects of CALD individuals’ daily life, including work, school, housing, government support, and interactions with the criminal justice and care and protection legal systems.

Table 25.5.1

Racial Discrimination Act 1975 (Cth)

This is the key federal protection. It makes it unlawful to treat someone less favourably because of their race, colour, descent, national or ethnic origin, or immigrant status. Section 18C of the Act specifically protects people from racial hatred (acts that are reasonably likely to offend, insult, humiliate or intimidate).

Anti-Discrimination Act 1977 (NSW)

This provides similar protections at a state level, covering areas such as employment, education, and the provision of goods and services.

Fair Work Act 2009 (Cth)

This protects CALD workers (including temporary visa holders) from “adverse action” (like being fired) based on their race or religion. It ensures all workers are entitled to the same minimum wage and safety standards, regardless of their cultural background.

Evidence Act 1995 (NSW)

This provides that if a witness or defendant cannot communicate reasonably in English, they have a legal right to an interpreter.

Multicultural Act 2000 (NSW)

This sets out the “principles of multiculturalism”. While it is more of a framework than a law with enforceable rights, it legally requires all NSW government agencies to ensure their services are accessible to people from CALD backgrounds.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

197

International protections Australia is a signatory to many international conventions and treaties. A key obligation is for the Australian government to report to the specific United Nations committee overseeing the implementation of the obligations contained in each treaty’s provisions. International treaties also influence how Australian judges interpret local laws. Some of the main international protections that exist for CALD individuals can be found in the following:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Table 25.5.2

International Convention on the Elimination of All Forms of Racial Discrimination

This is the most relevant treaty, which obliges Australia to eliminate racial discrimination and promote understanding between all racial, ethnic and cultural groups.

International Covenant on Civil and Political Rights

This guarantees the right to equality before the law. Crucially, it protects the rights of ethnic, religious or linguistic minorities to “enjoy their own culture, to profess and practice their own religion, or to use their own language”.

Convention on the Rights of Persons with Disabilities

This provides “intersectional” protection for CALD people with disabilities, ensuring they are not doubly discriminated against by barriers to communication or cultural misunderstanding.

Convention on the Elimination of All Forms of Discrimination against Women

This provides robust “crossover” protections for CALD women through the legal principle of intersectionality. It explicitly states that discrimination against women is “inextricably linked” with other factors and that women experience discrimination differently based on their race, ethnicity, religion or language.

Figure 25.5.1 Pro-Palestinian protesters, arguing that racism has no place in a multicultural country like Australia, hold banners as far-right groups gather at the city centre to protest the government’s immigration policies in Melbourne, Australia, on 31 August 2025.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

198

Cambridge Legal Studies Stage 6 Year 11

25.6 Authorities that advocate for rights LEARNING OBJECTIVE 25.6 DESCRIBE the functions of authorities that advocate for and protect the rights of people who are culturally and linguistically diverse.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The term CALD is primarily used in Australia to describe people from culturally and linguistically diverse backgrounds, including migrants, refugees and those who speak a language other than English at home. The needs of CALD individuals intersect with health, disability and legal rights, of which advocacy is undertaken by a mix of peak bodies (national representatives), specialist agencies and government oversight agencies (watchdogs).

Peak bodies

Peak bodies are organisations that represent CALD individuals and communities at the highest level and advise the government on policy and human rights. Some of the main peak bodies include the following:

• Federation of Ethnic Communities’ Councils of Australia – The primary national body advocates for multiculturalism and ensures public policy reflects the needs of CALD Australians.

• National Ethnic Disability Alliance – The alliance specifically advocates for the human rights of CALD people living with a disability and works to remove barriers to the NDIS and other support services.

• Multicultural Youth Advocacy Network – The network focuses on the rights and interests of young people (aged 12 to 25) from CALD and refugee backgrounds.

Specialised advocacy agencies (rights based)

There are a few specialised agencies and bodies that predominantly focus on rights such as health, gender, equality and legal protections for CALD individuals and groups. Some of these include:

• Multicultural Centre for Women’s Health – This is a national advocacy body for the health and safety of migrant and refugee women.

• Refugee Council of Australia – This agency advocates for the rights of refugees and people seeking asylum.

• Multicultural Disability Advocacy Association – This association provides individual and systemic advocacy specifically for CALD people with disabilities.

Statutory authorities

If a person from a CALD background is having their rights violated through discrimination, poor access to services or inappropriate treatment in aged care, for example, some government authorities provide an avenue to investigate complaints and take appropriate action. These include the following: • Australian Human Rights Commission – This authority investigates complaints of racial discrimination under the Racial Discrimination Act 1975 (Cth).

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

199

• Aged Care Quality and Safety Commission – This authority is the national regulator of aged-care services and ensures that older CALD individuals receive fair and culturally appropriate care.

• Commonwealth Ombudsman – This authority handles complaints about how federal government agencies, such as Home Affairs or Centrelink, treat CALD individuals.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

In New South Wales, several statutory authorities are legally tasked with protecting and advocating for the rights of CALD individuals. These bodies operate under specific Acts of Parliament to ensure equitable access to services and freedom from discrimination. Some of these include:

• Multicultural NSW – Established under the Multicultural Act 2000 (NSW), this is the lead agency for promoting community harmony and social cohesion.

It monitors the implementation of principles of multiculturalism, which are enshrined in NSW law. It does this by ensuring that people from CALD backgrounds are considered in all government programs and provides language services to ensure rights are not hindered by language barriers. It also coordinates the Regional Advisory Councils, which give a direct voice to people and communities from CALD backgrounds in rural and regional areas.

• Anti-discrimination NSW – This body administers the Anti-Discrimination Act 1977 (NSW) and is the primary authority for addressing systemic and individual racism.

• NSW Ageing and Disability Commission (ADC) – Created by the Ageing and Disability Commissioner Act 2019 (NSW), the ADC has a specific focus on vulnerable adults, including those from CALD backgrounds who may face additional barriers to reporting abuse.

• Health Care Complaints Commission (HCCC) – Under the Health Care Complaints Act 1993 (NSW), the HCCC is an independent body that acts to protect public health and safety. Specifically, it advocates for the right to informed consent and clear communication, which often involves ensuring CALD patients have access to professional medical interpreters.

Figure 25.6.1 The City of Sydney installed #rascismNOTwelcome signs at prominent positions in the CBD on 19 October 2021.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

200

Cambridge Legal Studies Stage 6 Year 11

25.7 Contact with legal processes LEARNING OBJECTIVE 25.7

SA D I M GI PL T A E L C -O H N AP L Y TE R S

DESCRIBE how people who are culturally and linguistically diverse encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods.

Law enforcement agencies

Contact with law enforcement agencies often occurs in public spaces or during routine operations, which can seem disproportionate to CALD communities and make them feel that they are being targeted. This can be evident through some of the following: • Move-on orders and street policing – Increased police presence in areas with high migrant populations (e.g. South-West Sydney or Melbourne’s western suburbs) can lead to more frequent police stops and compliance checks.

• Traffic and licensing – Minor traffic stops can escalate into legal issues if there is a misunderstanding regarding international driver licences or if a language barrier prevents the driver from explaining a situation.

• Bail compliance – CALD individuals on bail may experience frequent home visits from police, which can be stigmatising within close-knit cultural communities.

In incidences where a crisis response is required, particularly in areas of domestic and family violence, there are cross-over factors in CALD family situations. These are critical and high-risk areas of contact where the primary aggressor must be identified quickly. However, these situations can become exacerbated because: • of the risk of misidentification, which has been identified as a major issue that often happens because the actual victim-survivor may be distressed, have limited English or act out in “violent resistance”, while the perpetrator appears calm and articulate in English • many CALD individuals hesitate to call the police due to fears that it will affect their visa status or because of a fear of stigma, shame or social ostracisation within their community

There have been a range of specialist liaison and community engagement policies and roles developed to bridge the gap between police, other government agencies and CALD communities. Examples include multicultural liaison officers, who are non-sworn or sworn officers who act as intermediaries focusing on education, crime prevention and building trust where contact is proactive and positive; and “Be a Cop in Your Community” where officers from CALD backgrounds are specifically recruited to ensure the NSW Police Force represents the people it serves, aiming to reduce cultural friction during arrests or investigations.

Regulatory policing is another area where CALD individuals are subject to administrative and compliance checks undertaken by police for other government agencies. Examples include assisting the Australian Border Force with migration compliance in locating individuals whose visas have expired or been cancelled.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

201

Police are often the first responders to mental health crises. Cultural differences in expressing distress can lead to containment strategies such as using handcuffs or sedation rather than medical support.

Courts or tribunals and dispute resolution methods

SA D I M GI PL T A E L C -O H N AP L Y TE R S

CALD individuals will encounter court and tribunals like all other people, particularly the police and the lower courts. As discussed previously, certain groups of young people from CALD backgrounds are over-represented in the youth justice system. This is often linked to socio-economic factors rather than ethnicity itself. Some examples of courts and tribunals specifically related to CALD individuals and groups include the following: • Administrative Review Tribunal (Migration and Protection Division) – There can be contact with the tribunal in regard to migration and refugee status appeals.

• New South Wales Civil and Administrative Tribunal – There can be regular contact with this tribunal regarding tenancy disputes, consumer claims and guardianship matters.

• Federal Circuit and Family Court of Australia – Contact with this court often involves parenting orders and property settlements, like all families. When there is contact regarding intervention orders or apprehended domestic violence orders, these matters can be more complex due to cultural nuances regarding concepts such as “family honor” or further exacerbated by fears of visa cancellation, which can sometimes complicate how CALD victim-survivors engage with these processes.

• Fair Work Commission – Newly arrived migrants and international students often have contact with this agency in relation to wage theft, unfair dismissal and workplace discrimination, as they are statistically more vulnerable to exploitation.

Figure 25.7.1 A range of specialist liaison and community engagement policies and roles have been developed to bridge the gap between police, other government agencies and CALD communities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

202

Cambridge Legal Studies Stage 6 Year 11

25.8 Alternative approaches to justice LEARNING OBJECTIVE 25.8 DESCRIBE alternative approaches to justice available to people who are culturally and linguistically diverse.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

There are several alternative approaches and specialised supports within the federal and NSW justice systems designed to address the unique needs of CALD individuals.

Where appropriate, and if able to be resourced, these build on therapeutic, restorative and community-led processes and frameworks already in place. Some examples include:

• Drug Court of NSW – While not CALD-specific, this court uses a therapeutic approach that frequently involves culturally tailored rehabilitation programs • Youth Justice Conferencing – Under the Young Offenders Act 1997 (NSW), young people can be diverted from court to a conference. For young people from CALD backgrounds, these conferences can include community leaders or religious figures to ensure the process is culturally relevant and understood.

• Specialist family violence courts (or domestic and family violence courts) across Australia – These courts are managed by individual states and territories and operate alongside the Federal Circuit and Family Court of Australia. Specialist lists often include multicultural liaison officers who help CALD victim-survivors and defendants navigate the legal system, ensuring that cultural nuances (such as the impact of visa status on reporting) are considered.

• Corrective Services NSW Restorative Justice Service – This voluntary service allows victims and offenders to meet. For CALD participants, the service emphasises the use of specialised facilitators and interpreters to ensure that communication is not just linguistically accurate but culturally safe.

• Community-led circles – Some local CALD communities in New South Wales use informal “circle” models or mediation facilitated by elders or community leaders to resolve disputes before they escalate to the formal police or court system.

An example is the CALD Community Ambassador Initiative, established by the Western Sydney Community Legal Centre with Multicultural NSW funding. The program empowers trusted volunteers from migrant and refugee backgrounds to address domestic and family violence. The initiative co-designs resources to educate communities, particularly men from CALD backgrounds, and connects them with support services. You can read more about this at https://www.wsclc.org.au/ Figure 25.8.1 Alternative approaches to justice, where appropriate, can help CALD communities resolve problems in a culturally safe way. cald-community-ambassador-initiative/.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

203

25.9 The role of non-government organisations LEARNING OBJECTIVE 25.9

SA D I M GI PL T A E L C -O H N AP L Y TE R S

IDENTIFY non-government organisations that represent the interests of people who are culturally and linguistically diverse DESCRIBE the roles non-government organisations fulfil

In Australia, particularly in New South Wales, there are a range non-government organisations (NGOs) that are considered peak bodies and other organisations that provide specialised services to CALD individuals.

Peak bodies

Peak bodies represent the collective interests of people from CALD backgrounds to the government, focusing predominantly on policy and systemic change. Some of these include:

• Federation of Ethnic Communities’ Councils of Australia – This is the national peak body that advocates for multiculturalism and the rights of CALD Australians at a federal level.

• Ethnic Communities’ Council of NSW – This is a state-based peak body representing over 500 member organisations in New South Wales. They focus on social justice, community participation and anti-racism initiatives.

• National Ethnic Disability Alliance – This body focuses specifically on the rights of CALD individuals living with a disability.

Settlement and community services (direct support)

Settlement and community service NGOs help new arrivals and established CALD residents navigate daily life, employment and housing.

• Settlement Services International is based in New South Wales and is one of Australia’s largest NGOs. It provides support for refugees, asylum seekers and migrants, including foster care and employment programs.

• SydWest Multicultural Services is a major provider in Western Sydney (Blacktown, Mt Druitt, Penrith) focusing on aged care, disability support and youth programs for CALD communities.

• Asylum Seekers Centre is a Sydney-based NGO providing practical support in regard to food access, legal advice and healthcare to people seeking asylum.

Specialised health and trauma services

These organisations address the specific health and psychological needs that often arise from the migration or refugee experience.

• NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors provides specialised clinical treatment and community programs for refugees who have experienced state-sanctioned violence.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

204

Cambridge Legal Studies Stage 6 Year 11

• Multicultural Disability Advocacy Association is based in Granville, New South Wales, and provides individual advocacy for people from CALD backgrounds with disabilities to ensure they receive fair treatment from government services such as the NDIS. • Transcultural Mental Health Centre is part of the health system, but functions as a critical hub that works with NGOs to provide mental health resources in more than 40 languages.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Legal and rights advocacy

Community legal organisations are also critical for CALD individuals who require help navigating the legal system.

• Immigration Advice and Rights Centre is a specialist community legal centre in New South Wales that provides free legal advice on immigration and citizenship law.

• Refugee Advice and Casework Service provides free, specialist legal assistance to asylum seekers and refugees in Australia.

Figure 25.9.1 Advocates provide specialised services to CALD individuals to help represent their interests and bridge gaps in understanding.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

205

RESPONSIVENESS OF THE LEGAL SYSTEM 25.10 Indicators of success in achieving justice LEARNING OBJECTIVE 25.10

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the indicators used to measure the success of achieving justice for people who are culturally and linguistically diverse.

Achieving justice for culturally and linguistically diverse (CALD) individuals and groups can be complex and multi-faceted given the diversity of experiences and needs within Australia’s multicultural democratic society. Success can be measured by improvements in specific outcomes, such as in housing and work. Often these improvements are a result of structural changes and better procedural fairness.

Here are the key indicators of success, categorised by how they affect the individual and the system.

Structural and institutional indicators

• Analysis of the workforce can provide useful insights into whether there has been an increase in the proportion of CALD individuals in leadership and decision-making roles, including police officers, lawyers, judges and correctional staff, relative to the general population.

• The availability and funding of specialised legal and support services for people from CALD backgrounds can build engagement and trust before a crisis occurs.

• Systemic data disaggregation indicates success when a range of government departments can report data specifically by ethnicity, language and visa status, allowing for the identification and fixing of “blind spots” in service delivery.

Accessibility and procedural indicators

Achieving just outcomes for CALD individuals and groups is critically dependent on the extent to which access to justice is possible. Indicators that either prompt or hinder access to justice include:

• access to professional interpreters in all legal proceedings where English is not the primary language • availability of legal information in “plain language” and translated formats across multiple media (video, audio, and text) • legal capability and confidence where CALD individuals feel they understand their rights and the legal processes in which they are involved • finalising cases in a timely fashion compared to the general population, ensuring CALD individuals are not experiencing prolonged delays in the system due to language barriers or administrative delays.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

206

Cambridge Legal Studies Stage 6 Year 11

Outcome-based indicators Outcome-based indicators can show whether the results of the justice system in regard to CALD individuals are equitable. An example could be a downward trend in the rates of arrest, incarceration and “stop-and-search” incidents for CALD individuals and groups compared to the broader community.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

It could be reflected in the extent to which there is parity in the rates of CALD individuals being granted bail versus being remanded in custody and consistency in sentencing for similar offences regardless of cultural background.

Importantly, it could also be reflected in the extent to which CALD individuals who have offended have been successfully reintegrated in terms of successful completion for community correction orders and low recidivism (re-offending) rates, indicating that rehabilitation programs are culturally safe and effective.

Figure 25.10.1 Access to professional interpreters in all legal proceedings where English is not the primary language is vital.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

207

25.11 Barriers to achieving justice LEARNING OBJECTIVE 25.11 ANALYSE the barriers that prevent people who are culturally and linguistically diverse from achieving justice within the legal system.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Achieving justice for CALD individuals and groups involves navigating a complex web of systemic, cultural and individual barriers.

The barriers generally fall into three categories: • structural and systemic • communication and language • cultural and societal.

Structural and systemic barriers

Structural and systemic barriers are built-in hurdles within the legal and institutional framework that disproportionately affect people from CALD backgrounds.

• Financial constraints – CALD individuals, particularly recent migrants and refugees, often face higher rates of economic disadvantage. The cost of private legal representation is often prohibitive, and legal aid services are frequently stretched thin.

• Over-policing and bias – Certain CALD groups (particularly youth) may experience “hyper-surveillance” or racial profiling discussed previously. Conversely, “underpolicing” occurs when crimes against CALD individuals (such as hate crimes) are not taken seriously or investigated thoroughly.

• Misidentification in domestic violence – A significant current issue (highlighted earlier) is the misidentification of CALD women as “primary aggressors” in domestic violence situations due to language gaps or cultural misunderstandings during police interventions.

• Complexity of the legal system – The Australian legal system is adversarial and highly bureaucratic. For those from countries with inquisitorial systems or less formal justice structures, the Australian legal system can be alienating and impossible to navigate without expert guidance.

Communication and language barriers

Language is perhaps the most immediate barrier to justice, affecting everything from police statements to courtroom testimony. Without high-level English skills, individuals cannot understand their rights, the charges against them or the nuances of legal advice.

Inadequate interpreter services are also a constant barrier. While interpreters exist, there are frequent shortages in specific dialects. Furthermore, legal concepts and language can be difficult to translate.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

208

Cambridge Legal Studies Stage 6 Year 11

Communication and language barriers can inhibit many CALD individuals from knowing that certain behaviours (such as specific driving offences or workplace exploitation) are illegal, or they may not know that they have a right to free legal advice.

Cultural and societal barriers

SA D I M GI PL T A E L C -O H N AP L Y TE R S

A CALD individual’s background and the legal system of their country of origin can significantly influence the way they respond to legal systems and processes in Australia.

Some CALD individuals come from nations where the police or judiciary are corrupt or are instruments of state oppression. This leads to a deep-seated fear of engaging with the law, even as victim-survivors. Further, in some cultural and family contexts involvement with the police, even as a victim of domestic violence or sexual assault, can bring immense shame to the family, leading to significant under-reporting.

Refugees may suffer from undiagnosed post-traumatic stress disorder (PTSD). The clinical environment of a courtroom or a police station can be “re-traumatising”, leading to behaviours such as shutting down or appearing evasive being misinterpreted by judges or juries as a lack of credibility.

A CALD person may avoid eye contact out of respect for authority, but a judge unfamiliar with the cultural context might interpret this as being untruthful. This can lead to unfair sentencing or case outcomes from a lack of cultural understanding.

You can refer to the websites of the following groups or agencies for more information: • • • • • • • • • • • • • • •

Diversity Council Australia Federation of Ethnic Communities’ Councils of Australia National Ethnic Disability Alliance (Australia) Multicultural Youth Advocacy Network Multicultural Centre for Women’s Health Refugee Council of Australia Multicultural Disability Advocacy Association Australian Human Rights Commission Commonwealth Ombudsman Multicultural NSW CALD Community Ambassador Initiative Ethnic Communities’ Council of NSW Settlement Services International Asylum Seekers Centre NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors • Transcultural Mental Health Centre • Immigration Advice and Rights Centre • Refugee Advice and Casework Service.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

209

End of chapter Sample: research-based questions

SA D I M GI PL T A E L C -O H N AP L Y TE R S

You should refer to the Legal Studies 11–12 Syllabus (2025), which outlines the key themes (to be understood) and skills (to be developed) throughout the preliminary course. Your answer should also include relevant international law, legislation and legal cases where appropriate. Reference can also be made to media cases to support your argument.

Question 1

To what extent does the reliance on court-appointed interpreters fulfil the right to a fair trial for CALD defendants, and what are the legal consequences when “dialect nuances” or “interpreter unavailability” lead to a miscarriage of justice?

Consideration when undertaking your research

A fair trial is not just about being in the room; it is about truly understanding what is happening. You can argue that while court-appointed interpreters are meant to protect defendants, the system often falls short because it prioritises efficiency over perfect communication. When a “dialect nuance” is missed, such as a slang word or a regional phrase being translated literally, a jury might get a completely wrong impression of the defendant’s character or story. If an interpreter is not available, the trial slows down or proceeds with “shortcuts” that treat the defendant unfairly compared to English speakers.

When these language gaps happen, the trial is no longer reliable, which gives a higher court the power to throw out the verdict or order a brand-new trial to fix the mistake.

Question 2

Evaluate the effectiveness of specialist NGOs in bridging the gap between CALD communities and the formal legal system. Are these non-legal measures more effective than governmentled initiatives?

Consideration when undertaking your research

Language barriers and a lack of trust often prevent people from diverse backgrounds from using the formal legal system. Specialist NGOs may be more effective at reaching some CALD communities because they often provide culturally responsive and community-based support services. When comparing the two, consider whether the community-led approach of an NGO – which focuses on building relationships – is more successful at getting people the help they need than the large-scale, standardised programs run by the state. It is also important to discuss the practical challenges, such as how NGOs struggle with limited funding, while government initiatives have more resources but less personal connection.

Weigh up some of these strengths and weaknesses to determine which approach truly creates a more accessible path to justice.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

210

Cambridge Legal Studies Stage 6 Year 11

Question 3 Should the Australian legal system incorporate “cultural defences” or “circle sentencing” for people from CALD backgrounds to improve responsiveness, or would this undermine the principle of “equality before the law”?

Consideration when undertaking your research

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Explore whether the current legal system is too “one size fits all” and if adding things, such as cultural defences or community-led sentencing, would make it more fair for people from different backgrounds. You can discuss the idea that true fairness might mean taking someone’s specific cultural upbringing into account when judging their actions, rather than treating everyone the same regardless of their life experience. However, you also need to look at the other side of the argument, which is the worry that giving certain groups different rules might break the fundamental promise that the law applies to everyone equally. Your response should consider whether these changes would actually provide better justice by being more “responsive” to real-world differences or if they would create a divided system where the rules depend on who you are. By comparing these two views, you can explain the difficult balance between respecting cultural identity and keeping the law consistent for every person in the country.

Question 4

Evaluate the responsiveness of Australia’s legal system to the needs of CALD individuals and groups in achieving justice. Include indicators and barriers of success with reference to CALD individuals and groups.

Consideration when undertaking your research

Examine the extent to which the Australian legal system actually listens to and supports people from different cultural backgrounds. Reference the “barriers”, such as the high cost of legal help, the struggle to find a good interpreter or simply not knowing how the system works. Then, look for “indicators of success”, such as whether people from these communities feel they can trust the courts or if there are enough specialised services available to help them. Your answer should consider whether the system is doing enough to change its ways of working to fit a multicultural society, or if it is still too hard for certain groups to get a fair outcome. By comparing these hurdles with the progress being made, you can decide if the system is truly becoming more inclusive or if it still has a long way to go.

Question 5

To what extent do structural barriers, such as fear of deportation or lack of cultural competence in the judiciary, impede access to justice for the most vulnerable members of the CALD community?

Consideration when undertaking your research

To a significant extent, structural barriers severely impede access to justice for vulnerable CALD individuals, though the degree of this impact varies across different legal arenas.

The fear of deportation creates a profound chilling effect, effectively barring those with a precarious visa status from reporting abuse or workplace exploitation due to the threat of state enforcement. This vulnerability is compounded by a frequent lack of cultural

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

Chapter 25: People who are culturally and linguistically diverse

SA D I M GI PL T A E L C -O H N AP L Y TE R S

competence within the judiciary, where Eurocentric behavioural norms can lead to the misinterpretation of trauma or modesty as a lack of credibility. Furthermore, a shortage of qualified interpreters and a lack of translated legal resources mean that the mechanics of the courtroom remain fundamentally alienating to non-English speakers. These systemic barriers mean that even when progressive, protective laws exist on paper, they can remain functionally inaccessible to the most marginalised sectors of the community. However, in recent years, targeted judicial reforms, mandatory cultural awareness training, and the rise of specialised court lists have begun to bridge the gap for some CALD litigants. Additionally, strong networks of community-led legal centres and specialised advocacy groups provide vital pathways that help vulnerable individuals safely navigate the system. Some jurisdictions have also introduced specific visa protections that decouple immigration status from family violence reports, mitigating the fear of deportation.

211

Question 6

Work with your teacher to develop your own research-based question in an area of interest to you. Reference the question against the Legal Studies 11–12 (2025) syllabus content and Legal Themes and Skills.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400

212

CHAPTER

SA D I M GI PL T A E L C -O H N AP L Y TE R S

26

People with disability

Enhance your learning with these integrated online resources: Digital workbook

• • •

Suggested responses Download or answer questions online Writing focus worksheets

Videos

• • •

Chapter tests Exam Generator Planning documents

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 212

07/09/26 11:58 AM

213

CHAPTER OBJECTIVES By the end of this chapter, you will be able to: •

SA D I M GI PL T A E L C -O H N AP L Y TE R S

•

describe the reasons people with disability may need protection under the law describe the circumstances in which people with disability encounter the legal system explain the issues people with disability experience when they interact with the law outline the international and domestic legal protections for people with disability describe the functions of authorities that advocate for and protect the rights of people with disability describe how people with disability encounter legal processes, including law enforcement agencies, courts or tribunals, and dispute resolution methods describe alternative approaches to justice available to people with disability identify non-government organisations that represent the interests of people with disability describe the roles non-government organisations fulfill analyse the indicators used to measure whether justice is achieved for people with disability analyse the barriers that prevent people with disability from achieving justice in the legal system.

• • • •

• • • • •

RELEVANT LAW

IMPORTANT LEGISLATION

Disability Discrimination Act 1992 (Cth) Anti-Discrimination Act 1977 (NSW) Disability Standards for Education 2005 (Cth) National Disability Insurance Scheme Act 2013 (Cth) Australian Human Rights Commission Act 1986 (Cth) Disability Services Act 1986 (Cth) Disability Inclusion Act 2014 (NSW)

SIGNIFICANT CASES

Haraksin v Murrays Australia Ltd (No 2) [2013] FCA 217 (14 March 2013) Mulligan v Virgin Australia Pty Ltd [2015] FCAFC 130 Goss and Chief Executive Officer, National Disability Insurance Agency (NDIA) [2026] ARTA 146 (5 February 2026)

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 213

07/09/26 11:58 AM

214

Cambridge Legal Studies Stage 6 Year 11

THE NATURE OF THE EXPERIENCE note taking

scorcher This chapter examines the legal rights of people with disability both in Australia and internationally, and how these rights affect their ability to access essential services, participate fully in society, and live with dignity and independence. It explores the various legal protections, supports and pathways available to individuals with disability, and how the legal system seeks to promote inclusion, equality and non-discrimination. The role of governments in implementing policies, providing services and ensuring accessibility is also considered. At times, the rights of people with disability are overlooked, restricted or inadequately enforced, and this chapter evaluates how the legal system can respond to these challenges to better protect and empower one of the most vulnerable groups in society.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

reporting

wnload word

download pdf

26.1 The need for protection under the law LEARNING OBJECTIVE 26.1

Describe the reasons people with disability may need protection under the law

reporting

wnload word

Writing focus 26.1 Question words note taking

download pdf

According to the Australian Bureau of Statistics, there are more than one in five Australians (21.4%) living with a disability in 2022, which is an increase of 3.7 percent since 2018. Disability can affect activity and restrict participation in everyday life. It affects many aspects of a person’s lifestyle and can also have significant impact on the lives of family members. Many experience discrimination in scorcher areas such as employment, education, housing and access to services. Physical, social and communication barriers can limit their independence and restrict their ability to engage in everyday activities. People with disability are also at greater risk of violence, abuse and neglect, particularly in care settings, and may find it more difficult to navigate legal systems or have their rights recognised. Because they can experience social and economic disadvantage, the law plays an important role in ensuring their dignity, safety and equality are upheld.

MEDIA 26.1.1

Here’s why we need a disability rights act – not just a disability discrimination one David Roy, The Conversation, 4 October 2023

There were more than 200 recommendations for federal and state governments to consider within the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability’s final report, released on Friday.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 214

07/09/26 11:58 AM

215

Chapter 26: People with disability

A great deal of focus has been on housing, employment and education. However, the very first recommendation is for a new disability rights act. This recommendation, if adopted, may have the greatest impact of all.

Here’s why it’s needed.

Conventions, rights and Australian law

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Australia is a signatory to the seven core International Human Rights treaties and has ratified them all (meaning we’ve voluntarily accepted legal obligations under international law). Once it ratifies a treaty, Australia is obliged to ensure its domestic laws comply with it.

The seven treaties include the Convention on the Rights of Persons with Disability, signed in 2007. In addition, we have the 1992 Disability Discrimination Act and we are a signatory to the Salamanca Statement on the right of every child to education.

However there has been ongoing criticism of Australia for not fully abiding by the international treaties we have signed.

The difference between discrimination and rights

The Disability Discrimination Act is a reactive law. It comes into force when discrimination is already allegedly happening. The problem with this form of “formal equity” is it can reinforce inequity, even as it seeks to address it. Its focus is not achieving equal outcomes or opportunities.

In its final report, the disability royal commission affirmed a commitment to make the Convention on the Rights of Persons with Disabilities a reality in Australian law.

A disability rights act would enshrine in law the ability to make proactive, positive actions to ensure inclusion, support and long term structural changes. A rights act would additionally support First Nation peoples with disability giving them additional protection that is culturally sensitive, as stated in the Royal Commission Report.

Reasonable adjustment versus undue burden

One major challenge to breaking down barriers to inclusion and equity is the phrase “reasonable accommodation”, which is outlined in the Convention on the Rights of Persons with Disabilities as: necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden […] to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms […]

These are often termed “reasonable adjustments”.

But are the changes to ensure inclusion “reasonable”? How can we tell?

This interpretation has been criticised because reasonable adjustment is intended to mean what is reasonable for the person faced with the barrier. But it’s usually interpreted as meaning what’s reasonable for the provider – say, a school, employer, accommodation or service organisation.

A new disability rights act would change the burden of proof. If a business, school system or care provide did not offer inclusive supports and adjustment, they would need to prove it was an undue burden on them. The commission said:

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 215

07/09/26 11:58 AM

216

Cambridge Legal Studies Stage 6 Year 11

As presently drafted, the [Disability Discrimination Act] creates little incentive for employers, schools, service providers and other duty-holders to take active measures to prevent disability discrimination.

Commissioners said one of the main deficiencies of the disability discrimination act is that:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

the protection of a person’s rights depends on that person being prepared to make and pursue a complaint […] to have the knowledge and personal resources to pursue the claim, including the risk of an adverse costs order should the matter reach court.

Why a disability rights act is important

Under current policies and practices, people with a disability are not sufficiently involved with decision making and the development of laws and policies. This is contrary to the Convention on the Rights of Persons with Disabilities.

A disability rights act would enshrine the requirement for people with a disability to be at the centre of any changes being made.

There also needs to be agreement across all sectors as to what constitutes disability for a rights act to be implemented. There are still today, those that question the diagnosis of attention deficit hyperactivity disorder (ADHD) and systems that conflate indicators between disabilites. If there isn’t a consistent definition, people and organisations can ignore or redefine disability based on their opinion, not community consensus or law.

A disability rights act would create a societal climate of positive action, to remove barriers before complaint, and for all aspects of society to promote meaningful equality and actively eliminate discrimination.

In the true spirit of inclusion, it could change societal attitudes and put supporting people with a disability at the core of all processes, rather than an afterthought – whether in the employment, education, housing, sport or legal sectors. It would break the vicious circle of disadvantage and exclusion.

A flow-on effect to all the recommendations

In their final education recommendations, a key division emerged among the commissioners.

Indeed this split also exists within the education sector.

Three of the commissioners said all children with a disability should be taught in mainstream settings and segregated settings should be closed. In this way, the streaming of exclusion that often leads to a lifetime of isolation from wider society could be disrupted.

A disability rights act would ensure segregated settings and potential educational deficiencies (whether in specialist or mainstream schools) would be challenged by a social model of disability rather than an archaic medical model, which focuses on specific diagnoses. It would empower us to break from the current failing systems and change the lens through which we see each other.

Creating a disability rights act would mean that if mainstream schools are not suitable for many children with a disability, then we would change the schools and the systems – not remove “certain” children.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 216

07/09/26 11:58 AM

217

Chapter 26: People with disability

ANALYSIS 26.1.1 Read Media 26.1.1 and answer the following questions.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Describe the examples the author uses to demonstrate gaps in existing legal protections.

2. Outline the legal reforms proposed by the author and describe how they would improve protections for people with disability.

3. Explain how the article connects disability rights to broader human rights principles.

Figure 26.1.1 Accessible zipline for kids at the Buttenshaw Park in the Blue Mountains, NSW

REVIEW 26.1 Online quiz

Review questions

Access sample responses and results

Review 26.1 questions 1.

2.

3.

4.

According to the Australian Bureau of Statistics, how many Australians live with a disability?

Describe how people with a disability are affected in everyday life.

Explain why there is a need for protection under the law for people with disability.

“We need a disability rights Act rather than a disability discrimination Act.” Discuss this statement.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 217

07/09/26 11:58 AM

218

reporting

Cambridge Legal Studies Stage 6 Year 11 scorcher

note taking

26.2 Reasons for encountering the legal system LEARNING OBJECTIVE 26.2

wnload word

download pdf

Describe the circumstances in which people with disability encounter the legal system

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Individuals with a disability encounter the legal system for many reasons, often because of the barriers they face in everyday life which the law is designed to remove.

These encounters may arise from the need to enforce individual rights, access essential support services or seek redress when an injustice occurs.

The following are some reasons why people with a disability may encounter the legal system.

The protection of rights

reporting

Writing focus 26.2 Conjunctions note taking – (subordinating reasons why)

Individuals may need to seek enforcement of anti-discriminatory rights under the Disability Discrimination Act 1992 (Cth) or the Anti-Discrimination Act 1977 (NSW).

Individuals may also seek to challenge unequal access to education, employment, scorcher transport or public places.

Access to essential services

Essential services include access to health, housing or social services where legal processes are involved – for example, individuals applying for support through the National Disability Insurance Scheme (NDIS) or appealing NDIS decisions at the Administrative Appeals Tribunal.

wnload word

download pdf

Experience of abuse, neglect or exploitation

People with disability may encounter the legal system when they need to report abuse occurring in group homes, schools, workplaces or other care settings, often as a result of power imbalances and inadequate safeguards. They may also engage with police or the courts as victims of crime; they may also seek legal remedies in situations involving neglect or mistreatment, using the law as a mechanism to secure safety and uphold their rights.

Issues in employment

People with disabilities often encounter the legal system in the context of employment, particularly when their rights at work are not upheld. Individuals may face discrimination, harassment or an employer’s failure to provide reasonable adjustments that would allow them to perform their role safely and effectively.

Individuals may also experience unfair dismissal or issues regarding their capacity to work. People with disabilities may also need to seek workers’ compensation claims after sustaining an injury or illness relating to situations where inadequate adjustments or unsafe work environments contributed to harm.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 218

07/09/26 11:58 AM

219

Chapter 26: People with disability

Education Individuals with disabilities may encounter the legal system due exclusion, bullying or discrimination in schools. The legal system enables access to inclusive education under both state and federal law.

Family law arrangements

SA D I M GI PL T A E L C -O H N AP L Y TE R S

People with disability may encounter the legal system when decisions need to be made about parenting, guardianship or other carer responsibilities. They may also need legal support to ensure their legal rights as parents are recognised and upheld.

Housing and tenancy issues

People with disability may encounter the legal system in housing matters, especially when disputes arise over necessary accessibility modifications that landlords refuse or delay. They may also face unfair evictions or tenancy breaches where they lack appropriate services to help them maintain tenancies. Many use the law to secure living conditions that meet basic standards of safety and accessibility.

Reform

People with disabilities encounter the legal system through participating in formal inquiries such as the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2025). They may also interact with other advocacy groups such as the Australian Centre for Disability Law and the Physical Disability Council of NSW. These encounters allow individuals to challenge discrimination and push for law reform.

Figure 26.2.1 Modifications such as lifts and handrails can help to overcome barriers to accessibility for tenants and workers.

REVIEW 26.2 Online quiz

Review questions

Access sample responses and results

Review 26.2 questions

1. Outline reasons why people with a disability may encounter the legal system.

2. Explain the need to protect people with a disability.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 219

07/09/26 11:58 AM

220

wnload word

Cambridge Legal Studies Stage 6 Year 11

download pdf

26.3 Issues arising from contact with the law LEARNING OBJECTIVE 26.3 EXPLAIN the issues people with disability experience when they interact with the law

reporting

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Discrimination

Writing focus 26.3 Noun phrases note taking (identify)

Discrimination is the unfavourable treatment of a person or group relative to the way others are treated. It may take the form of direct discrimination or indirect discrimination. Disability discrimination occurs when a person with a disability is treated less favourably that a person without the disability in the same or similar scorcher circumstances. Under the Disability Discrimination Act 1992 (Cth) and the Anti-Discrimination Act 1977 (NSW), it is illegal to discriminate against someone on the grounds of their disability. This includes intellectual, physical, sensory, psychiatric and learning disabilities. These Acts also prohibit discrimination against someone because they have HIV/AIDS or are associated with someone with HIV/AIDS.

Direct discrimination

wnload word

download pdf

Direct discrimination is a practice or policy of treating a person or group of people less favourably than another person or group in the same position based on sex, race, national or ethnic origin, age, sexuality, disability or other characteristic. Direct discrimination is a more blatant form and is easily identified. For example, a person who uses a wheelchair applies for a receptionist job and performs well in an interview, but the employer openly states they will not hire them because “a wheelchair would make it too difficult to move around the office”. This is direct discrimination because the individual is treated less favourably because of their disability. The employer’s decision is based solely on the disability rather than a person’s ability to do the job.

Indirect discrimination

Indirect discrimination is a practice or policy that appears to treat everyone in the same manner, but which adversely affects a higher proportion of people from one group. Indirect discrimination is usually harder to detect. It occurs when there is a procedure, rule or practice that, on the face of it, is the same for everyone but, when carried out, discriminates against a particular group of people. Indirect discrimination can occur even when there is no intention to discriminate. An example of indirect discrimination is where an employer introduces a policy stating that only employees who have worked full-time for five consecutive years without taking extended leave are eligible for a bonus. On the surface, this rule appears to be neutral; however, employees with disabilities may need to take extended medical leave or work part-time as a reasonable adjustment. As a result, the policy disadvantages people with disabilities even though it applies to everyone in the same way.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 220

07/09/26 11:58 AM

221

Chapter 26: People with disability

Harassment Harassment occurs when someone makes you feel intimidated, insulted, humiliated or you are placed in a hostile environment. Harassment because of disability, such as insults or humiliating jokes, is against the law if it happens in places of employment or education, or from people providing goods and services.

Education

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Despite legal obligations, many schools still have inaccessible buildings, classrooms without sensory supports and learning materials not available in accessible formats.

This prevents students from fully participating, even though the law requires equal access. Although students and families can complain through Anti-Discrimination NSW, the Australian Human Rights Commission or the Department of Education, barriers include complex processes and fear of retaliation. This means many legal breaches go unchallenged.

Employment

Employment helps individuals to meet their needs of an adequate standard of living and a sense of identity. Many people with a disability may find it difficult to secure permanent work due to the nature of their disability. Even though the Disability Discrimination Act 1992 (Cth) makes it unlawful, many people with disability still face discrimination during recruitment. Common issues include being overlooked for jobs despite being qualified, employers assuming they “can’t do the job” or inaccessible application processes (e.g. online forms, interviews). This means the law’s promise of equal opportunity is not always upheld.

Employers are legally required to provide reasonable adjustments unless it causes unjustifiable hardship. In reality, many workers experience refusal to modify work hours, lack of assistive technology and inaccessible workplaces. Without adjustments, people with disability cannot participate on the same basis as others, even though the law requires it.

REVIEW 26.3 Online quiz

Review questions

Access sample responses and results

Review 26.3 questions

1. Define discrimination.

2. Distinguish between direct and indirect discrimination.

3. Explain the different ways people with disability interact with the law.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 221

07/09/26 11:58 AM

reporting

note taking

222

scorcher

Cambridge Legal Studies Stage 6 Year 11

ACCESS TO JUSTICE

wnload word

download pdf

26.4 Protection under the law LEARNING OBJECTIVE 26.4

SA D I M GI PL T A E L C -O H N AP L Y TE R S

OUTLINE the international and domestic legal protections for people with disability

International law

reporting

Writing focus 26.4 Transitional note taking phrases

The main treaty that addresses the rights of people with disability around the world is the Convention on the Rights of Persons with Disabilities (2006). It was adopted in 2006 and entered into force in 2008. The preamble to the Convention emphasises that all people have equal dignity and human rights, and that people with disabilities must be able to enjoy these rights without discrimination. It recognises that disability is scorcher created by barriers in society, not just by a person’s impairments, and highlights the need for accessibility, inclusion, autonomy and participation in decision‑making.

The Convention contains 50 Articles. Articles 1–9 set out the main purpose, scope and basic principles of the Convention.

Convention on the Rights of Persons with Disabilities (2006) Article 1 – Purpose

wnload word

download pdf

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Article 2 – Definitions …

Article 3 – General principles

The principles of the present Convention shall be:

a. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; b. Non-discrimination; c. Full and effective participation and inclusion in society; d. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; e. Equality of opportunity; f. Accessibility; g. Equality between men and women; h. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 222

07/09/26 11:58 AM

223

Chapter 26: People with disability

Article 4 – General obligations 1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. …

Article 5 – Equality and non-discrimination

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Article 6 – Women with disabilities

1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. …

Article 7 – Children with disabilities

1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. …

Article 8 – Awareness-raising

1. States Parties undertake to adopt immediate, effective and appropriate measures: a. To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities; b. To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life; c. To promote awareness of the capabilities and contributions of persons with disabilities. …

Article 9 – Accessibility

1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. …

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 223

07/09/26 11:58 AM

224

Cambridge Legal Studies Stage 6 Year 11

Articles 10 to 30 of the Convention on the Rights of Persons with Disabilities outline key actionable rights for persons with disabilities, and Articles 31 to 40 instruct on how to make these rights real and how to monitor progress. Articles 41 to 50 cover the provisions governing the formal operation of the treaty, such as the time frame for it being open for signature and entering into force and how disputes about interpretation can be resolved. As a signatory country, Australia has an obligation to ensure that its laws and policies protect the rights of all people with disability and promote inclusion and equality.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

People with disability are entitled to a wide range of human rights under the Convention. It emphasises that all people with disability have the right to:

• dignity, to be able to make their own choices and to live as independently as possible • be free from discrimination and have equal opportunities to participate fully in society • accessibility, ensuring that people with disability can access buildings, services, information and public spaces • equality between men and women with disability, including their right to maintain their identity.

The Convention recognises disability as a natural part of human diversity and requires communities to be inclusive and accepting.

These principles create a strong human rights framework that supports inclusion, respect and equal participation for all people with disabilities.

Figure 26.4.1 Ecuadoran Vice President Lenin Moreno speaks at the opening session of the International Convention on the Rights of Persons with Disabilities at the United Nations, 30 March 2007.

ANALYSIS 26.4.1

Use the United Nations website https://cambridge.edu.au/redirect/11922 to answer these questions about the protections contained in the Convention on the Rights of Persons with Disabilities.

1. Identify three specific rights protected under the Convention.

2. For each right, explain how the Convention expects governments to support or protect that right.

3. Which right is most important for improving the lives of people with disability? Refer to a specific Article.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 224

07/09/26 11:58 AM

225

Chapter 26: People with disability

Domestic law

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Australian domestic law provides a framework designed to protect the rights of people with disability and ensure they can participate fully in society. Both state and federal laws aim to prevent discrimination, promote equality and support inclusion across areas such as education, employment, access to services and community life.

Domestic legislation works alongside Australia’s international obligations under the United Nations Convention on the Rights of Persons with Disabilities by helping to ensure that people with disability are treated with dignity. Australian laws aim to create a system that upholds human rights, removes barriers and promotes fairness for people with disability.

Table 26.4.1 State and federal legislation designed to protect the rights of people with disability Law

Jurisdiction (Commonwealth/ State)

What the law does

Disability Discrimination Act 1992 (Cth)

Commonwealth

Makes discrimination based on disability unlawful. It prohibits both direct and indirect discrimination, harassment and victimisation in areas such as employment and education.

Disability Standards for Education 2005 (Cth)

Commonwealth

Sets out obligations for education providers

National Disability Insurance Scheme Act 2013 (Cth)

Commonwealth

Provides support for people with permanent and significant disability under the National Disability Insurance Scheme

Australian Human Rights Commission Act 1986 (Cth)

Commonwealth

Allows for the investigation and conciliation of complaints about discrimination and human rights breaches

Disability Services Act 1986 (Cth)

Commonwealth

Focuses on rehabilitation and support services

Fair Work Act 2009 (Cth)

Commonwealth

Protects employees from adverse action based on disability

AntiDiscrimination Act 1977 (NSW)

State

Prohibits disability discrimination in New South Wales

Disability Inclusion Act 2014 (NSW)

State

Aims to promote the inclusion of people with disabilities and ensures they have the same rights as others; it aims to remove environmental and attitudinal barriers.

Ageing and Disability Commissioner Act 2019 (NSW)

State

Protects adults with disability from abuse, neglect and exploitation

Industrial Relations Act 1996 (NSW)

State

Protects employees from unfair dismissal and discrimination in the workplace

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 225

07/09/26 11:58 AM

226

Cambridge Legal Studies Stage 6 Year 11

ANALYSIS 26.4.2 Select five articles from the United Nations Convention on the Rights of People with Disability. Outline some state and federal legislation that has provisions consistent with the Convention.

IN COURT 26.4.1

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Haraksin v Murrays Australia Ltd (No 2) [2013] FCA 217 (14 March 2013) This case is from the Australian Human Rights Commission website.

Ms Haraksin has Osteogenesis Imperfecta (brittle bone disease) and uses a wheelchair. Ms Haraksin attempted to book a seat on a Murrays coach travelling from Sydney to Canberra.

She was told that she could not book such a service because Murrays did not have any accessible coaches.

Ms Haraksin claimed that Murrays directly and indirectly discriminated against her in access to premises and in the provision of a service. Ms Haraksin also claimed that Murrays discriminated against her by breaching the Disability Standards for Accessible Public Transport 2002 (Transport Standards).

The Disability Discrimination Commissioner intervened to assist the Court with the interpretation of the Transport Standards.

Decision

The Disability Discrimination Act (DDA) Direct and Indirect discrimination

[Judge] Nicholas J considered whether Murrays could have made reasonable adjustments to allow Ms Haraksin to travel. Nicholas J stated that the most obvious adjustment that Murrays could have made would have been to arrange for a wheelchair accessible vehicle to be deployed on the Sydney–Canberra route so Ms Haraksin could have travelled when she needed to.

Nicholas J stated that there is no evidence to indicate why, given that Murrays was able to acquire an accessible vehicle in 2010, Murrays could not have acquired and deployed accessible buses a year earlier. Nicholas J found that deployment of a wheelchair accessible vehicle was a reasonable adjustment, that Murrays failed to make this adjustment and as a result of the failure, Ms Haraksin was treated less favourably in breach of section 5(2) of the DDA.

Access to Premises

Nicholas J then considered whether Ms Haraksin has been refused access to premises.

Murrays submitted that Ms Haraksin did not wish to access premises that it provided because Ms Haraksin wanted to travel on an accessible bus and Murrays had no accessible buses. Murrays also argued that because Ms Haraksin did not seek access to its service, there could be no refusal for the purpose of section 23(a) of the DDA. Nicholas J stated that to approach what occurred in the manner suggested by Murrays would be to take “an unduly narrow view of what actually occurred”. Nicholas J found that Ms Haraksin sought to make a booking on Murrays service and that Murrays refused to take Ms Haraksin’s booking because it did not have accessible vehicles. Nicholas J found that Murrays had refused to allow Ms Haraksin access to premises with the meaning of section 23(a) of the DDA.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 226

07/09/26 11:58 AM

227

Chapter 26: People with disability

Nicholas J also found that Murrays had breached 23(b) of the DDA because it had imposed a condition, with which Ms Haraksin could not comply, that she must travel without a wheelchair if she was to utilise Murray’s services.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Nicholas J also found a breach of section 23(c) of the DDA. Nicholas J found that the language of section 23(c) is particularly broad. Nicholas J stated that all that a person must show is that he or she has been discriminated against on the ground of his or her disability and that this has occurred in relation to the provision of means of access to premises. Nicholas J found that Murrays had discriminated against Ms Haraksin on the ground of her disability in relation to the provision of means of access to premises.

Provision of a service

Nicholas J also found that Murrays had breached section 24(a) of the DDA by refusing to provide Ms Haraksin with a service.

Unjustifiable Hardship

Nicholas J stated that there was no evidence before him to suggest that avoidance of the discrimination by Murrays would have imposed an unjustifiable hardship on Murrays.

The Transport Standards

Nicholas J found that Murrays was in breach of the Transport Standards in August 2009.

Nicholas J stated that were this not so, Ms Haraksin might have been able to travel using Murrays service as she had planned.

Nicholas J noted that Ms Haraksin also claimed that the respondent breached sections 33.1 (post October 2002 buses must immediately comply with the Transport Standards) and 33.2 (pre-October 2002 buses must comply to the Transport Standards in accordance with the compliance timeframe) of the Transport Standards with respect to its entire fleet.

Nicholas J found that, as a matter of fact, the act of alleged unlawful discrimination that was the subject matter of the complaint to the Commission was that Ms Haraksin needed a wheelchair accessible bus to travel to Canberra and back. Murrays refused to provide this service because it did not have a wheelchair accessible bus.

Nicholas J stated that non-compliance with the Transport Standards does not of itself provide a sufficient basis for a person to lodge a complaint under section 46P or to commence proceedings under section 46PO(1). Nicholas J states that this is because non-compliance with the Standards does not of itself constitute unlawful discrimination.

Charter services

Nicholas J considered whether the requirements of the Transport Standards apply to charter services. The Transport Standards apply to public transport services. Nicholas J held that charter services are not public transport services. Nicholas J made declarations that Murrays had breached sections 23 (a), (b), (c) and section 24(a) of the DDA. Nicholas J ordered that until 12 April 2015 Murrays is to ensure that at least 55% of its fixed route services between Sydney and Canberra are to be provided with coaches fitted with a wheelchair lifter.

Australian Human Rights Commission, 18 April 2013

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 227

07/09/26 11:58 AM

228

Cambridge Legal Studies Stage 6 Year 11

ANALYSIS 26.4.3 Read In Court 26.4.1 and answer the following questions.

Identify the service Ms Haraksin was trying to access and explain why she was unable to use it.

Identify the law that was breached by Murrays Australia and outline the section of the law that was breached.

Explain how the court decided that Murrays Australia’s actions amounted to discrimination.

Outline the significance of this case for the rights of people with disability in Australia.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1.

2.

3.

4.

REVIEW 26.4 Online quiz

Review questions

Access sample responses and results

Review 26.4 question

1. Outline the international and domestic legal protections for people with disability.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 228

07/09/26 11:58 AM

229

Chapter 26: People with disability

26.5 Advocates for rights LEARNING OBJECTIVE 26.5 DESCRIBE the functions of authorities that advocate for and protect the rights of people with disability

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Disability advocacy is acting, speaking or writing to promote, protect and defend the rights of people with a disability. Disability advocates work through issues that have an adverse impact on rights for an individual or group. Domestic and international authorities that advocate for the rights of people with disabilities play a crucial role in ensuring equality, the protection of rights and promoting full participation for people with disabilities across all areas of life.

video

widget

reporting

note taking

quiz

questions

download word

download pdf

scorcher

Figure 26.5.1 Greens leader Adam Bandt and Greens senator Jordon Steele-John during a press conference with disability advocates, on 22 August 2024 in Canberra, Australia.

Domestic authorities

Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) is a national government body that was set up under the Australian Human Rights Commission Act 1986 (Cth). It forms part of the federal Attorney - General’s responsibilities. It runs educational and public awareness programs for the government and business sectors, as well as the general community. Itvideo plays an importantwidget role in ensuring Australia remains reporting a tolerant, equitable and democratic society. The AHRC is also responsible for investigating, and attempting to resolve, complaints about human rights breaches under anti-discrimination legislation.

Writing focus 26.5 Transitional note taking phrases

scorcher

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 quiz questions download word download pdf 9781009840002c26_p212-255.indd 229

07/09/26 11:58 AM

230

Cambridge Legal Studies Stage 6 Year 11

RESEARCH 26.5.1 View the Australian Human Rights Commission website at https://cambridge.edu.au/redirect/11923.

Choose one of the areas that are relevant to people with disability. Prepare a fact sheet or brochure that informs people with disability how their rights are protected in your chosen area.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

International authorities

United Nations Committee on the Rights of Persons with Disabilities

Video 26.5.1 This video from 2011 is about Theresia Degener who has beaten the odds and is fighting for the rights of persons with disabilities globally.

This video considers the role of the Committee on the Rights of Persons with Disabilities.

The Committee on the Rights of Persons with Disabilities is a group of 18 independent experts responsible for monitoring how countries implement the United Nations Convention on the Rights of Persons with Disabilities. States that have ratified the Convention must submit regular reports – at first within two years, then every four years – explaining how they are upholding the rights in the Convention.

The Committee reviews these reports and provides recommendations, known as concluding observations, to help countries strengthen their compliance. Under the Optional Protocol, the Committee can also receive individual complaints and conduct inquiries into serious or systemic violations. It publishes general comments to clarify how the Convention should be interpreted, particularly through the human rights model of disability, which emphasises that social barriers not impairments cause exclusion. Through its reviews, inquiries and guidance, the Committee advocates for the rights of people with disability and ensures that States include people with disability in decision-making processes.

Other international authorities

Other international authorities that advocate for the rights of people with disability include: • International Disability Alliance • Disabled People’s International • Pacific Disability Forum.

REVIEW 26.5 Online quiz

Review questions

Access sample responses and results

Review 26.5 questions

1. Define advocacy.

2. Describe the nature of disability advocacy.

3. Explain how different authorities can advocate for and protect the rights of people with disability.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 230

07/09/26 11:58 AM

231

Chapter 26: People with disability

quiz

questions

26.6 Contact with legal processes

download word

download pdf

LEARNING OBJECTIVE 26.6 DESCRIBE how people with disability encounter the legal processes, including law enforcement agencies, courts or tribunals and dispute resolution methods

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Courts

Courts at both state and federal levels play a vital role in protecting people with disability from unlawful discrimination by reviewing government or organisational decisions that affect their rights. Through judicial review, a court examines whether a decision, such as a refusal to provide reasonable adjustments, or an adverse finding under discriminationvideo law was made lawfully and fairly. Judicialreporting review does widget not decide whether the outcome was the “best” or “fairest” decision, but whether the correct legal processes were followed. For people with disability, this safeguard ensures that decisions are based on relevant considerations, supported by evidence, made by someone with proper authority, free from bias and consistent with the principles of natural justice. Courts also ensure that decision‑makers comply with required procedures and avoid legal errors. Only individuals with standing, which are people who directly affected by the discriminatory decision, can seek judicial review, which balances access to justice with the need to prevent unnecessary litigation.

In this way, courts provide an essential mechanism for people with download disability to quiz questions word challenge unlawful or procedurally unfair decisions and uphold their rights under discrimination law.

Writing focus 26.6 Noun phrases note taking (identify and develop)

scorcher

download pdf

IN COURT 26.6.1

Mulligan v Virgin Australia Pty Ltd [2015] FCAFC 130

This case is from the Australian Human Rights Commission website.

This is a decision of the Full Court of the Federal Court, allowing an appeal from a decision of the Federal Circuit Court.

Mr Mulligan complained that Virgin Airlines Australia Pty Ltd (Virgin) discriminated against him on the grounds of disability, by refusing to allow him to travel on flights while accompanied by his assistance dog.

Mr Mulligan’s dog had been trained to assist him with relation to his cerebral palsy and vision and hearing impairments. It had been trained by a dog training school, but not one that was “accredited” for the purposes of the DDA.

The Court allowed the appeal and ordered that Virgin pay Mr Mulligan compensation in the amount of $10,000. The Court also declared that the conduct of Virgin amounted to unlawful discrimination under the DDA. The key findings of the Court in the appeal include:

1. An animal may be an assistance animal under the DDA if it has received relevant training, regardless of who has provided that training.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 231

07/09/26 11:58 AM

232

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

It isn’t necessary that an animal has been trained by an “accredited” organisation. The DDA provides several ways an animal can qualify as an assistance animal. Under one of these, an animal will qualify as an assistance animal if it is trained to assist a person with a disability and trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place. The Court found that Mr Mulligan’s dog was trained to meet this definition of an assistance animal under the DDA. 2. The correct “comparator” for Mr Mulligan was a person who was not accompanied by an assistance animal. (The correct comparator was not a person without a disability, who wanted to bring a dog onto a plane.) Mr Mulligan had claimed that Virgin “directly” discriminated against him. To make out a claim of direct discrimination, it was necessary for Mr Mulligan to show that he was treated less favourably than a person “without [his] disability” would have been. The DDA has special provisions relating to assistance animals. To discriminate against a person because they are accompanied by an assistance animal amounts to discriminating against them because they have a disability.

3. The Civil Aviation Regulations did not override the DDA and prohibit Virgin from carrying Mr Mulligan’s dog. Virgin had argued that it was only allowed to carry animals in the cabins of its aeroplanes if the animals met requirements which were contained in a “Permission” issued by the Civil Aviation Safety Authority (CASA). Acting under the Civil Aviation Regulations 1988 (Cth), CASA had issued Virgin with a “Permission” allowing it to carry assistance animals that met a strict set of criteria, including a requirement that the animal be trained by certain accredited organisations. Mr Mulligan’s dog had not been trained by an accredited organisation.

Virgin argued that this CASA Permission took precedence over the DDA. That is, Virgin argued that because Mr Mulligan’s dog did not meet the standards set out in the CASA Permission, the DDA did not apply. The Court held that this was not the case. It held that an exception in the Civil Aviation Regulations applied to allow Virgin to carry Mr Mulligan’s dog. Those Regulations do not prohibit an airline from carrying a dog that is trained to assist a person with a hearing or vision impairment. Mr Mulligan’s dog met this definition.

(The outcome of this case could have been different if Mr Mulligan’s assistant animal was not a dog, or if Mr Mulligan’s disability did not include a vision impairment or a hearing impairment).

4. The CASA “Permission” and the Civil Aviation Regulations were not “prescribed laws” for the purposes of the DDA. The DDA contains an exception which says that it is not unlawful under the DDA to do an act if a person (or a company like Virgin) does it to comply with a “prescribed law”. However, a law only qualifies as a “prescribed law” if it is specially prescribed in the Disability Discrimination Regulations 1996 (Cth), which the CASA Permission and the Civil Aviation Regulations were not.

5. Further, the Court held that the CASA “Permission” was not a “legislative instrument”.

That was another reason that it could not be a “prescribed law”.

6. The Court in this case did not consider the question of what kind of evidence a person who claims they have an assistance animal can be asked to provide to show that their animal is: a. an assistance animal; and b. trained to meet appropriate levels of hygiene and behaviour.

The DDA states that it is not unlawful to ask for this evidence, and it is not unlawful to discriminate against a person who does not provide evidence of these matters. Because of its other findings, the Court did not need to consider in detail the questions of what kind of evidence a person can ask for, how much evidence they can ask for, and how persuasive it must be.

Australian Human Rights Commission, January 2016

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 232

07/09/26 11:58 AM

233

Chapter 26: People with disability

Tribunals New South Wales Civil and Administrative Tribunal One tribunal in New South Wales is the NSW Civil and Administrative Tribunal (NCAT), which deals with disputes between consumers and businesses, tenants and landlords, and between individuals. The NCAT was established in 2014, replacing a number of other tribunals, including the former Administrative Decisions Tribunal of New South Wales. The NCAT consists of four divisions and an appeal panel:

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• The Administrative and Equal Opportunity Division reviews administrative decisions made by NSW government agencies across a range of areas including privacy, community services, firearm licensing and working with children checks.

It also deals with complaints referred to it by the NSW Anti-Discrimination Board.

• The Consumer and Commercial Division is responsible for resolving everyday disputes around housing (e.g. tenancy, social housing and home building) and around consumers and businesses (e.g. consumer claims, motor vehicles and conveyancer’s costs).

• The Guardianship Division takes applications about adults who have a decisionmaking disability and may need a legally appointed decision-maker for personal, financial or health decisions. People with mental health issues can be placed in the care of a guardian. In 1989, the Guardianship Tribunal of NSW was established to ensure fairness in this area. In 2014, these functions were taken over by the Guardianship Division of the NCAT. The Tribunal can appoint guardians for people over the age of 16 who are not capable of making their own lifestyle decisions. If an individual is unhappy with their guardian, they can appeal to the NCAT. However, the NCAT generally only hears cases if there are not suitable arrangements already in place or if no appropriate alternative to an application can be found. The NCAT may make a range of other orders, including appointing guardians and financial managers, and providing consent to medical and dental treatment. A person’s appointed guardian may be a member of their family or a friend, or the NSW Public Guardian, who is a statutory official within the NSW government Department of Communities and Justice.

• The Appeal Panel offers an avenue for those who want to appeal a decision made by one of the other NCAT divisions. It can also hear designated external appeals.

RESEARCH 26.6.1

1. Use the NCAT website under the Guardianship Division section https://cambridge.edu.au/redirect/12142 to respond to the following questions. a. Identify some of the Guardianship Division’s responsibilities. b. Choose one responsibility and describe its role in the mental health area.

2. Now go to the Guardianship Division Case Digest section at https://cambridge.edu.au/redirect/12143 and find the decisions made by the Guardianship Division. Choose one decision and respond to the following questions. a. Identify the dispute. b. Outline the parties involved. c. Describe NCAT’s decision and the reasons for the decision. d. Assess if it was a fair decision. Justify your response.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 233

07/09/26 11:58 AM

234

Cambridge Legal Studies Stage 6 Year 11

Administrative Review Tribunal

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The Administrative Review Tribunal (ART) reviews decisions made by Australian government departments and agencies to ensure they are fair, lawful and reasonable. When a person disagrees with a government decision such as an NDIS decision, Centrelink decision, or migration decision they can apply to the ART for a merits review. The Tribunal looks at all the facts, evidence and law and decides whether the original decision should be affirmed, changed or replaced with a new one. The process usually involves lodging an application, exchanging documents, attending a case conference or conciliation, and, if the matter is not resolved, participating in a hearing. The ART is independent and must make a decision based on the merits of the case. Its role is to provide accessible, fair and efficient review so individuals can challenge government decisions that affect their rights, entitlements or obligations.

A recent decision in Goss and Chief Executive Officer, National Disability Insurance Agency (NDIA) [2026] ARTA 146 (5 February 2026) by the Administrative Review Tribunal demonstrates how the NDIS review process can enhance access and justice for individuals by correcting inadequate agency decisions.

IN COURT 26.6.2

Goss and Chief Executive Officer, National Disability Insurance Agency (NDIA) [2026] ARTA 146 (5 February 2026)

Ms Goss, a 25‑year‑old NDIS participant with profound intellectual disability, generalised anxiety disorder and significant functional impairments in communication, learning, social interaction, self‑care and self‑management lives in a shared supported independent living (SIL) arrangement with another participant. The NDIA initially approved a plan for Ms Goss that included four hours per day of one-to-one SIL support and one-to-three SIL support at all other times, along with a range of social and economic community participation (SECP) supports. Ms Goss sought a review because she believed this level of support did not reflect her functional needs, requesting instead a consistent one-to-one SIL ratio (except during SECP activities), additional SECP hours at specific ratios, and 74 hours per year of speech therapy. Although the NDIA originally opposed these changes, it eventually accepted the SECP and speech therapy requests before the hearing, leaving the SIL ratio as the only issue in dispute.

The ART carefully considered Ms Goss’s experience, expert evidence and Ms Goss’s goals, setting aside the NDIA’s decisions and approving SIL, a range of SECP supports and speech therapy that Ms Goss required to live safely and meaningfully in the community. This outcome shows the system’s capacity to deliver procedural fairness through an independent, evidence-based review process. While the need for the Tribunal highlights ongoing barriers to access within the NDIA’s internal review processes, the final decision reflects a fair and effective mechanism for individuals to challenge decisions and secure the support they are entitled to under the NDIS Act.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 234

07/09/26 11:58 AM

235

Chapter 26: People with disability

Dispute resolution methods Anti-Discrimination New South Wales

Video 26.6.1 An overview of Anti-Discrimination New South Wales

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Anti-Discrimination New South Wales (ADNSW) (formerly known as the AntiDiscrimination Board of NSW) is part of the NSW Attorney-General’s Department and was established under the Anti-Discrimination Act 1977 (NSW). Its role is to promote principles and policies of equal opportunity throughout New South Wales to ensure that people are protected from discrimination on the basis of characteristics such as disability, age, race and sex. It advises the government and provides an inquiry service to inform people about their rights and responsibilities under anti-discrimination laws.

The ADNSW provides a service for individuals that is impartial, accessible and accountable. It investigates and conciliates complaints that are covered under the Anti-Discrimination Act 1977 (NSW). The ADNSW complaints process focuses on conciliation conferences, where the complainant and respondent meet to discuss the complaint and to talk about ways to resolve the issue with the assistance of conciliation officers. In conciliation, the third party helps the parties to identify the issues, consider alternative options to solve the dispute and reach an agreement.

The conciliator may advise the parties, but they do not make a decision for them. A conciliator may be a legal practitioner or professionally qualified in the subject matter of the dispute. They are responsible for managing the process, explaining the rules and acting as an umpire. The disputing parties may also have their own legal advisers during a conciliation process.

Figure 26.6.1 shows the steps of the conciliation process. Anti-Discrimination NSW has created a range of short, easy‑to‑understand videos, which are available at https://cambridge.edu.au/redirect/11924. These videos explain important information about discrimination and rights, and how the complaint process works.

RESEARCH 26.6.2

View the website of Anti-Discrimination New South Wales at https://cambridge.edu.au/redirect/11925 to read a range of disability discrimination case studies that help explain the complaints process.

1. Investigate some of the disabilities discrimination cases that the ADNSW deals with.

2. Assess the effectiveness of conciliation as an alternative method of dispute resolution in achieving justice.

Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) is an independent federal statutory body created by the Australian Human Rights Commission Act 1986 (Cth). It has the responsibility to administer the five federal discrimination laws, each with their own commissioner. There is a president who is aided by the Human Rights, Race, Sex, Disability, Aboriginal and Torres Strait Islander, and Social Justice Commissioners.

Rosemary Kayess is the Disability Discrimination Commissioner for the AHRC, and she was appointed in 2024 to promote greater equality for individuals with a disability.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 235

07/09/26 11:58 AM

236

Cambridge Legal Studies Stage 6 Year 11

Anti-Discrimination NSW receives your complaint (you receive an acknowledgement letter within 28 days and we may ask you to provide additional information).

The complaint is clearly not covered by the law.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The complaint appears to be covered by the law (you receive a letter advising that your complaint has been accepted for investigation).

The complaint is allocated to a Complaints Officer.

The Complaints Officer investigates the complaint by getting information from you (the complainant) and from the person/organisation you are complaining about (the respondent) (a copy of your complaint is shared with the respondent, and they are asked to provide a response).

The complaint appears to be covered by the law.

A Conciliation Officer tries to help you and the other party resolve the complaint by finding a private settlement you can agree on. This might involve a conciliation conference.

We write to you and explain this and give you information about other organisations that may be able to help.

The complaint does not appear to involve unlawful discrimination.

We write to you and explain this.

You may have the right to apply to the NSW Civil and Administrative Tribunal.

The complaint is resolved.

The complaint is not resolved.

The complaint may be referred to the NSW Civil and Administrative Tribunal.

The Tribunal hears arguments and evidence and makes a judicial decision that is legally binding.

Figure 26.6.1 How Anti-Discrimination NSW handles complaints.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 236

07/09/26 11:58 AM

237

Chapter 26: People with disability

The main way this is achieved is through the development of policy, initiation of research, and education of all people in respect to the behaviours and structures that contribute to disability discrimination. When people have complaints under the Disability Discrimination Act 1992 (Cth), they lodge these with the complaints-handling section within the AHRC. The complaints-handling section has a responsibility to investigate and conciliate all complaints under the Australian Human Rights Commission Act 1986 (Cth), including complaints about disability discrimination.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

MEDIA 26.6.1

Disability discrimination complaints received by Australian Human Rights Commission on the rise Rebecca Puddy, ABC News, 21 May 2021

Jessica’s son was four years old when she was told he was no longer welcome at his school, and according to some experts, she is not alone in her plight.

Her son Elliot*, who lives with high-functioning autism, was excluded from his Sydney school just months after being told there would be additional support to accommodate his needs.

“I don’t even have the words for how devastated we were,” she said.

She said the primary school in Sydney’s eastern suburbs told her it could add support in the classroom and introduce methods to manage his behaviour when he became over-stimulated or agitated.

“They assured us that they would be able to meet his needs and would apply for funding,” she said.

“Elliot was very happy going into school, he had friends, he spoke about his teachers highly, he seemed to be very settled.”

“He’s not welcome”

However, six months into his first year, Jessica met with the preschool and prep to discuss how her son was going.

“At that meeting, the question was ‘do you think this is the place for him?’” she said.

Jessica said she was concerned about the question, as no complaints had been relayed to her about her son’s behaviour.

She said she was then told at a subsequent meeting “he’s not welcome” and would not progress to the next year level.

Jessica lodged a complaint with the Human Rights Commission, with a no liability settlement reached in 2019.

Under the settlement agreement, the school denied it had discriminated against Elliot or that it was liable to pay the family any compensation.

It waived $13,037 in school fees and paid an additional $21,500 to the family and Jessica discontinued her complaint.

The school told the ABC it was unable to comment on individual students because of privacy laws. “[The school] offers an inclusive educational setting,” they said.

“As a proportion of our student cohort, we have comparatively one of the highest student disability intakes based on [national disability] data.

“Whilst extremely rare, any decision taken by the college not to continue a child’s enrolment would always be made in the child’s best interests and fully communicated to their family.”

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 237

07/09/26 11:58 AM

238

Cambridge Legal Studies Stage 6 Year 11

The ABC spoke with another parent from the school who said she was happy with the support provided to her two neurodivergent children.

“I think it’s important for other parents to know that it’s not okay that children with disabilities are excluded from schools that they have a right to be at,” Jessica said.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

“These children are going to be adults, as part of our society, and as much as it’s important that our children learn to be part of the mainstream society, the mainstream society also needs to learn the difficulties that people with disabilities experience day in, day out.”

What does the law say?

Australia’s Disability Discrimination Act makes it illegal to discriminate against a person with a disability, including in educational settings.

Discrimination is described as disadvantage based on either being treated without reasonable consideration of their disability or being treated unfairly in a way that is different to others without a disability.

Under the act, there are standards for education that set out the rights for all students with a disability to be included in education and provided with reasonable adjustment to help them succeed at school.

Complaints can be brought to the Human Rights Commission, which investigates and mediates to find an outcome, but most agreements include a non-disclosure clause that prevents the case from being publicly discussed.

In Elliot’s case, this clause was removed.

In 2019–20, the commission received 1,006 disability discrimination complaints, a 34 per cent increase from 750 complaints in 2015–16.

“The story doesn’t change”

Chief executive of peak advocacy group Children and Young People with Disability Australia, Mary Sayers said that the exclusion of children with a disability could be subtle or overt.

“We hear that more than one in 10 students experience gatekeeping – that’s where they’re told they are not welcome at the school, they should enrol their child somewhere else,” Ms Sayers said.

“We also know that many students, while they are at school, face exclusion, around 40 per cent of students with disability – and this could include not being invited to school camps or not being invited to participate in whole school activities.

“The exclusion that children with disability face can be both very subtle and very overt, which is a real concern to us and unfortunately, year on year, the story doesn’t change much.

“We wouldn’t tolerate now, girls learning home eco while boys learn IT skills. We need to have that same mindset for students with disability where they’re seen as equally-valued members of the classroom.”

Ms Sayers said a national coalition of organisations had compiled a policy document for the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, in the hope it would strengthen the inquiry’s recommendations to bring about change in the coming decade.

As part of its inquiry, the royal commission is looking at barriers experienced by students with disability in accessing inclusive education. *Elliot’s name has been changed at the request of his parents.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 238

07/09/26 11:58 AM

239

Chapter 26: People with disability

ANALYSIS 26.6.1 Read Media 26.6.1 and answer the following questions.

1. Describe the events that led to the mother to make a discrimination complaint against her son’s school.

2. Explain how the school’s actions may amount to disability discrimination under NSW or federal anti-discrimination law.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Legal advice and representation People with a disability who face criminal charges have the same right to access legal advice and legal representation as everyone else in the community. However, they may not be in a position to find or use legal representation because they may have limited funds or suffer from an intellectual disability that affects the ability to think rationally, and so may even reject legal advice. Free or low-cost legal help is available from several sources:

• Legal Aid NSW offers free legal advice and legal representation in criminal matters. All NSW Local Courts have “duty solicitors” from Legal Aid NSW who help people who have a matter at court that day and who do not have their own lawyer.

• The Aboriginal Legal Service NSW/ACT (ALSNSW) provides free legal advice and legal representation for Aboriginal and Torres Strait Islander Peoples.

The ALSNSW provides legal advice and representation in criminal matters, apprehended violence order matters, and care and protection matters (advice to people who have a genuine concern for the safety, welfare and wellbeing of a child or young person).

• Some law firms provide pro bono legal services. Justice Connect provides information about, and access to, these pro bono services.

• Most Community Legal Centres have lawyers who provide free or low-cost legal advice and representation.

• LawAccess NSW is a free NSW government telephone service that provides legal information, advice and referrals.

Community Legal Centres

Community Legal Centres (CLCs) provide free and low-cost legal advice and legal representation to members of their local communities, especially to disadvantaged people and people with special needs. The specialist CLCs that work with legal problems related to people with disability are the: • • • •

Australian Centre for Disability Law Intellectual Disability Rights Service Justice and Equity Centre Seniors Rights Services.

For more information about CLCs in New South Wales, visit the website of Community Legal Centres NSW, which is the peak representative body for the 40 CLCs in the state.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 239

07/09/26 11:58 AM

240

Cambridge Legal Studies Stage 6 Year 11

Enforcement agencies NDIS Quality and Safeguards Commission

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The main enforcement agency within the NDIS is the NDIS Quality and Safeguards Commission which plays an important role in protecting people with disability.

This Commission regulates registered NDIS providers and ensures they meet legal requirements under the National Disability Insurance Scheme Act 2013 (Cth). The powers under this legislation enable the Commission to investigate complaints, conduct audits, issue compliance notices, ban providers and seek civil penalties. The Commission focuses on regulatory protection, ensuring disability service providers meet safety and quality standards. Its powers are designed to safeguard vulnerable participants from abuse, neglect and exploitation.

For example, in 2025 the NDIS Commission launched an investigation in the Northern Territory after reports that some providers were offering cash, alcohol, cigarettes and other inducements to pressure vulnerable participants into signing up for services they did not understand. These providers then claimed NDIS funds for services that were never delivered.

NDIS Quality and Safeguards Commissioner Louise Glanville in a media release stated that: “Northern Territory providers are on notice that we will use the full range of our regulatory powers – including banning orders, registration revocation, and litigation in the federal court – against anyone who seeks to exploit participants or the Scheme.” The NDISQSC with other partners such as NDIA ensure compliance with the law by using their powers to sanction offenders who take advantage to people with disabilities.

Louise Glanville, 20 February 2026

REVIEW 26.6 Online quiz

Review questions

Access sample responses and results

Review 26.6 questions

1. Describe how people with disability encounter the legal process.

2. Explain how courts aim to achieve justice for people with disability.

3. Outline the facts of Mulligan v Virgin Australia Pty Ltd [2015] FCAFC 130. Assess the effectiveness of the courts in achieving justice for Mr Mulligan.

4. Outline the role of tribunals and enforcement agencies.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 240

07/09/26 11:58 AM

241

Chapter 26: People with disability quiz

questions

download word

download pdf

26.7 Alternative approaches to justice LEARNING OBJECTIVE 26.7 DESCRIBE alternative approaches to justice available to people with disability

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Australia’s Disability Strategy 2021–2031

On 3 December 2021, the Australian government launched Australia’s Disability Strategy 2021–2031. The strategy called on all Australians to ensure people with disability can participate as equal members of society. It reflects a collective commitment by all levels of government – federal, state and local – to build a nation in which people with disability are valued, included and empowered toreporting thrive. It video widget represents a vision for a more inclusive and accessible Australia, where barriers are removed, opportunities are expanded and the rights of people with a disability are upheld. Throughout the development of the strategy, the voices of people with disability, their families, friends, carers, disability representative organisations and disability service providers have been central and will continue to inform and build the evidence base for informed decision-making. Outcome areas, policy priorities and targeted actions in the strategy provide a roadmap to address the systemic and structural barriers faced by people with disability. By working with people with disability and across all sectors businesses and communities – we will quiz – governments, questions download word create a nation that celebrates diversity and promotes inclusion and accessibility that will enable a future where everyone can participate fully in all aspects of life.

Writing focus 26.7 Conjunctions note taking (subordinating – contrast)

scorcher

download pdf

The strategy builds on many years of advocacy, growing public awareness and ongoing government reforms aimed at protecting the rights of people with disability and supporting their involvement in everyday life.

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, which released its final report in September 2023, was the most extensive investigation of disability experiences ever undertaken in Australia. It set out a vision for a more inclusive nation and made clear that people with disability still face violence, abuse, neglect, exploitation, exclusion and discrimination at far higher rates than those without disability. Governments, businesses, service providers and the wider community all have a role in ensuring every Australian is safe, included and able to participate equally regardless of disability, gender, age, race, culture, religion or sexual orientation.

Almost 10,000 people with disability, along with their families and supporters, took part in the Royal Commission. Through submissions and private sessions, they openly shared their experiences and ideas for change. Many agreed to have their stories published as short, de‑identified accounts. Making these stories public helps the wider community better understand the realities faced by people with disability.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 241

07/09/26 11:58 AM

242

Cambridge Legal Studies Stage 6 Year 11

You can read about the key recommendations of the Royal Commission at https://cambridge.edu.au/redirect/11926

National Disability Insurance Scheme

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The impacts, positive or negative, of the National Disability Insurance Scheme (NDIS) are starting to be judged. The Australian government has promised to develop a NDIS Participant Service Guarantee to increase positive participant experiences with the NDIS. To bring about this guarantee, the Australian government commissioned a review of the NDIS laws and rules to focus on opportunities to make the NDIS process simpler and more straightforward. This review was led by an independent expert (David Tune) who looked at what changes needed to be made to the NDIS in order to support the guarantee. While this review involved amendments to the National Disability Insurance Scheme Act 2013 (Cth) and the NDIS Rules, it did not change the design or intent of the NDIS. The review was released with its recommendations to the Australian government at the end of 2019 to support the rollout of the guarantee on 1 July 2020.

Some of the current challenges and amendments facing the NDIS are discussed in the ABC News article “The NDIS review says ‘the moment has come’ for change. Here’s what to expect” (Evan Young and Leonie Thorne, 7 Dec 2023), which is available online at https://cambridge.edu.au/redirect/12145.

Figure 26.7.1 The 2024 update of Australia’s Disability Strategy 2021–2031

REVIEW 26.7 Online quiz

Review questions

Access sample responses and results

Review 26.7 questions

1. Outline the main purpose of the NDIS, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the Australia’s Disability Strategy. Identify one key difference in their roles.

2. Explain how each initiative responds to barriers faced by people with disability in Australia.

3. Analyse how effectively the NDIS, the Royal Commission and Australia’s Disability Strategy work together to protect the rights of people with disability.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 242

07/09/26 11:58 AM

243

Chapter 26: People with disability

quiz

questions

download word

26.8 The role of non-government organisations

download pdf

LEARNING OBJECTIVES 26.8

SA D I M GI PL T A E L C -O H N AP L Y TE R S

IDENTIFY non-government organisations that represent the interests of people with disability DESCRIBE the roles non-government organisations fulfill

The role of non-government organisations

In Australia, much of the work of raising awareness of people with disability has been done by non-government charitable organisations. Some receive government funding. The following are some of these organisations. video

widget

reporting

Writing focus 26.8 Transitional note taking phrases

scorcher

People with Disability Australia

People with Disability Australia (PWDA) is a national organisation that advocates for the rights of people with disability. It is led, governed and largely staffed by people with disability, which means the organisation genuinely represents the community it serves. PWDA aims for an Australia that is fair, accessible and inclusive, where the rights, contributions and diversity of people with disability are recognised and valued.

National Disability Service quiz

questions

download word

National Disability Service (NDS) is a national non-government organisation that works to strengthen the disability sector by advocating to government, educating the community about disability, and helping service providers share information and improve their practice. NDS advocates for an inclusive Australia where people with disability can live safely, equally and without discrimination. An example that demonstrates NDS’s advocacy is its Disability Inclusion and Access Plan. This plan outlines how the organisation aims to remove barriers, protect rights and make its workplaces, services and communication more accessible. The plan focuses on seven key areas, including recruiting and supporting employees with disability, improving staff knowledge about disability rights, making buildings and information accessible, ensuring inclusive governance, and leading the sector in promoting access and inclusion. NDS has already made progress by offering reasonable adjustments for staff, improving office accessibility, producing accessible documents, and ensuring events and programs include people with personal experience of disability.

download pdf

Ageing and Disability Commission

The NSW Ageing and Disability Commission is an independent agency of the NSW government. It works to protect people with disability from abuse, neglect and exploitation within their families, homes and communities. The Commission raises community awareness, receives and responds to reports of abuse, provides information and support, and conducts investigations when needed. There are many ways in which the Commission can respond to reports; for example, depending on the situation, it may begin by offering information and support through its Abuse Helpline or by referring the matter to its community support and investigation team.

In some cases, the Commission will share relevant information with other agencies,

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 243

07/09/26 11:58 AM

244

Cambridge Legal Studies Stage 6 Year 11

such as the NSW Police Force or the NDIS Quality and Safeguards Commission, when their involvement is appropriate. The Commission can also conduct its own investigation, seeking the adult’s consent where possible, and may take further steps such as applying to a court or tribunal. Across all responses, the Commission’s focus is on improving the person’s safety and protecting their rights.

RESEARCH 26.8.1

SA D I M GI PL T A E L C -O H N AP L Y TE R S

1. Research the Ageing and Disability Commission’s recent strategic plan 2023–2028 at https://cambridge.edu.au/ redirect/11927 and investigate how it aims to promote and uphold the rights of older people and adults with disability to live free from abuse in their family, home and community.

2. Visit the Disability Australia Hub website at Disability A–Z https://cambridge.edu.au/redirect/11928. Choose three organisations and complete the following for each. a. Outline the organisation’s role. b. Describe how the organisation represents people with disabilities.

Advocacy groups

Effective disability advocacy helps protect and uphold the human rights of a person or group. Advocates support people with disability by speaking with them or on their behalf to make sure their rights and interests are heard and respected.

Figure 26.8.1 Hannah Diviney was named Advocate of the Year at the Marie Claire Women of the Year Awards in 2023.

Women With Disabilities Australia

Women With Disabilities Australia (WWDA) is an organisation that aims to promote, protect and advocate for the freedoms of women and girls with disabilities in Australia. WWDA’s main objective is to ensure women and girls with disabilities can participate in areas of social, economic, political and cultural life. The organisation advocates for the issues of rights of women and girls both domestically and internationally, making sure that they have the same opportunities as everyone else.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 244

07/09/26 11:58 AM

245

Chapter 26: People with disability

First Peoples Disability Network

SA D I M GI PL T A E L C -O H N AP L Y TE R S

The First Peoples Disability Network (FPDN) values each person’s story and works alongside them to advocate for the best possible outcomes. This approach is designed to strengthen the social and emotional wellbeing of First Nations Peoples by providing support that is respectful, responsive and culturally grounded. The FPDN runs a number of powerful advocacy initiatives, including its well‑known “10 Point Plan for the Inclusion of First Peoples with Disability”. This campaign sets out practical reforms to ensure Aboriginal and Torres Strait Islander people with disability are properly included in policy, service design and community life. It calls for culturally safe disability services, community‑led decision‑making, better data, stronger protections against discrimination, and greater investment in Aboriginal community‑controlled organisations. The plan demonstrates FPDN’s commitment to systemic change and highlights how culturally-informed advocacy can improve outcomes for First Nations people with disability.

10 Key Actions:

1. Partnership and First Nations Disability Forum (DRC Rec 9.10) – Establish a multi-year Partnership Agreement between the NDIA and the First Nations Disability Forum (FPDN and peak bodies) to resource dedicated policy capacity, embed shared-decision processes, uphold data sovereignty, and roll out a public Cultural Assessment Tool across the NDIA. 2. Early-Access Pathway and Mobile Diagnostics – Pilot a functional-needs access pathway that removes the formal-diagnosis barrier, guarantee automatic early-intervention entry for First Nations children, and equip four Yarning Buses with mobile diagnostic facilities to reach remote communities.

3. First Nations Workforce and Mainstream Cultural Capability – Expand the Integrated Care Workforce across remote and regional locations, introduce a micro-credential for Aboriginal Health Workers, Aboriginal Disability Liaison Officers and community navigators on rights-based practice, and require cultural-safety training for all mainstream providers.

4. Cultural Accreditation Framework for NDIS Providers – FPDN designs and administers a national Cultural Accreditation Framework, with the NDIA recognising accreditation status as a preferred-provider standard to lift cultural accountability across the scheme.

5. Alternative Commissioning and Fair Markets – Introduce a dedicated First Nations procurement target and place-based alternative commissioning arrangements using multi-year block-funding to ACCOs in areas of market failure to guarantee service continuity and culturally-safe provision.

6. Community Support Hubs and Yarning Buses (“No Wrong Door”) – Establish community-run Support Hubs open to all. Fund at least four diagnostics-enabled Yarning Buses with connectivity and tele-therapy capability to bring supports to people on Country, and tackle underutilisation of existing participants in 80+ communities per year.

7. Community-Based Rehabilitation and On-Country Pilots – Trial Community-Based Rehabilitation and on-Country service models in priority regions, co-evaluated by the NDIA and FPDN to demonstrate scalable approaches to remote service delivery.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 245

07/09/26 11:58 AM

246

Cambridge Legal Studies Stage 6 Year 11

8. Secure Homes, Transport and Climate Resilience – Partner with national housing programs to deliver culturally-designed accessible housing and home modifications, and integrate backup power, accessible transport and disaster-resilience planning in remote communities.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

9. Strengthened Advocacy and Supported Decision-Making – Increase dedicated funding for individual and systemic advocacy and develop a peersupport and cultural-broker workforce to replace generic guardianship with supported decision-making.

10. Justice Interface, Poverty Loading and Transparent Data – Embed NDIS screening and exit planning within justice pathways, introduce a First Nations pricing loading to offset travel and translation costs, and publish regional access, spend and outcome data under data-sovereignty principles agreed with the First Nations Disability community.

First Peoples Disability Network launches 10-Point Plan to Close the Gap for First Nations Peoples with disability, 5 August 2025.

ANALYSIS 26.8.1

In episode 2 of “Yarning Disability”, the FPDN Podcast, FPDN Advocate Carly Wallace speaks to First Nations mother Katrina McKechnie about her journey as a single mother of children with disabilities living in Woolgoolga in New South Wales. You can listen to the podcast at https://cambridge.edu.au/redirect/11929.

Analyse how the experience of Katrina McKechnie, as discussed in the “Yarning Disability” podcast, illustrates the challenges faced by First Nations families who are navigating disability services.

RESEARCH 26.8.2

Go to the website for Disability Advocacy Network Australia (DANA) and research the information to answer the following questions.

1. Analyse the role of the DANA in supporting people with disability in Australia.

2. Describe TWO specific ways DANA works with disability advocacy organisations to achieve justice for people with disability.

REVIEW 26.8 Online quiz

Review questions

Access sample responses and results

Review 26.8 questions

1. Describe the role of non-government organisations that represent the interests of people with disability.

2. Explain how FPDN’s 10-Point Plan aims to address systemic issues within the NDIS for First Nations people with disability.

3. Assess the role of organisations that represent people with disabilities. (You will need to refer to the organisations you have researched in Research 26.8.1.).

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 246

07/09/26 11:58 AM

247

Chapter 26: People with disability

RESPONSIVENESS OF THE LEGAL SYSTEM video

widget

reporting

note taking

scorcher

26.9 Indicators of success in achieving justice LEARNING OBJECTIVES 26.9

SA D I M GI PL T A E L C -O H N AP L Y TE R S

ANALYSE the indicators used to measure whether justice is achieved for people with disability quiz

questions

download word

download pdf

Achieving justice for people with disability requires more than recognition of rights; it demands systems that are accessible, fair, protective and responsive. Justice is measured not only by existing laws and policies but also by how effectively they operate in their lives of the people they are meant to support. The following indicators measure whether Australia is moving towards a society in which people with disability experience dignity, autonomy and equal opportunity.

Access to the law

Meaningful access to laws and the legal system is a fundamental indicator of achieving justice for people with disabilities. Access to the law includes obtaining legal advice and understanding the legal process such as courts, police and advocacy agencies. Legislation such as the Disability Discrimination Act 1992 (Cth) provides formal legal protection against discrimination, and courts and tribunals impose video widget reporting remedies when rights are breached. Accessibility standards in government services, anti-discrimination bodies, such as the Australian Human Rights Commission and specialised advocacy groups raise awareness and assist individuals to challenge unfair treatment. This demonstrates that the legal system recognises the importance of equality before the law and the need to protect the rights of people with disability.

Writing focus 26.9 Transitional note taking phrases

scorcher

Accountability

Justice can also be measuredquiz by whether institutions questions that support people downloadwith word disability are held accountable. Bodies such as the NDIS Quality and Safeguards Commission monitor providers, investigate complaints and enforce standards.

Providers can face sanctions, deregistration or legal action. Reforms by these bodies also aim to improve rights protection and inclusion. People with disability have seen an increased involvement in decision-making through these reforms, indicating that justice is being achieved through empowerment.

download pdf

An example is the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 247

07/09/26 11:58 AM

248

Cambridge Legal Studies Stage 6 Year 11

The Commission took evidence at 32 public hearings from 837 witnesses, of whom 209 were people with disability. Commissioners held private sessions with 1,785 participants, 61 per cent of whom were people with disability speaking about their own experiences.

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Of the 7,944 submissions received in various formats, 55 per cent were from people with disability and a further 29 per cent from family members of people with disability. Despite the disruptions caused by the COVID-19 pandemic, the Commission conducted over 700 community engagements.

Some of the most marginalised people in Australia were heard for the first time during the Disability Royal Commission. “People with disability and their supporters have given a lot to the Commission; and expectations are high for a comprehensive and considered response with tangible action from the Government.” The Commission’s final report together with the current NDIS review (due to report in October 2023) will add to the momentum arising from these activities.

Mental Health Coordinating Council, 2023, Realising the Rights of People with Disability.

Summary and Overview: Royal Commission into Violence, Abuse, Neglect, and Exploitation of people with Disability Final Report. Sydney, NSW.

The full report can be read at https://cambridge.edu.au/redirect/11930.

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability is an example of how active inclusion and empowerment of people with disability were central to its process, with more than half of the submissions coming directly from individuals with personal experience.

Protection of rights

Justice is not only about recognising rights in law but also ensuring that rights are upheld and enforced in practice. The protection of rights can be measured by how effectively anti-discrimination bodies and advocacy groups respond when the rights of people with disability are breached. Anti-Discrimination NSW plays a crucial role in protecting rights under state legislation such as the Anti-Discrimination Act 1977 (NSW). It hears complaints about disability discrimination in employment, education, housing and access to services, investigates these complaints and facilitates conciliation between parties. The effectiveness and success of these legal protections can be measured by the willingness of courts and tribunals to enforce these rights and the remedies awarded when rights are breached. When people with disability receive accessible remedies, such as compensation, reinstatement or orders to remove discriminatory barriers, it demonstrates that the legal system is actively enforcing rights rather than just recognising them.

Advocacy groups and organisations also strengthen the protection of rights. For example, People with Disabilities Australia provides individual advocacy services to challenge discriminatory laws and practices. Through submissions, government inquiries and public campaigns, these groups push for stronger protection of rights and greater accountability.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 248

07/09/26 11:58 AM

249

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Chapter 26: People with disability

Figure 26.9.1 Attendees march with the disability rights advocacy contingent at the Midsumma Pride festival.

REVIEW 26.9 Online quiz

Review questions

Access sample responses and results

Review 26.9 questions

1. Explain the importance of having access to the law when achieving justice for people with disability.

2. Explain the importance of accountability when achieving justice for people with disability.

3. How can the protection of rights be measured when achieving justice for people with disability?

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 249

07/09/26 11:58 AM

250

wnload word

Cambridge Legal Studies Stage 6 Year 11

download pdf

26.10 Barriers to achieving justice LEARNING OBJECTIVE 26.10 ANALYSE the barriers that prevent people with disability from achieving justice within the legal system

reporting

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Criminal justice system

wnload word

Writing focus 26.10 Noun phrases note taking (develop)

download pdf

People with disability face significant barriers when they encounter the criminal justice system, whether as victims, as the accused or as convicted offenders, and these challenges can make it harder for them to stay safe, be treated fairly and access the support they need. Research shows that people with cognitive, psychosocial or intellectual disability are over-represented in prisons, yet they frequently miss scorcher out on essential services such as disability support, communication assistance and appropriate rehabilitation programs. These gaps can lead to unfair treatment, misunderstandings with police or courts, and a higher risk of re-offending. The article mentioned in the next paragraph explores how these systemic failures affect incarcerated people with disability and why improving support inside the justice system is critical for achieving fairness and reducing long‑term harm.

The article “Incarcerated people with disability don’t get the support they need – that makes them more likely to reoffend” (Sophie Yates, Caroline Doyle, Shannon Dodd, 6 July 2022, available at https://cambridge.edu.au/redirect/11931) looks at some of the service gaps for people in prison with disability, and what can be done to improve supports.

Protection of rights in the workplace

Not enough reasonable adjustments at work, accessibility to workplaces and equal pay can remain a significant issue for people with disabilities.

Figure 26.10.1 Accessibility in workplaces is an important issue.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 250

07/09/26 11:58 AM

251

Chapter 26: People with disability

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Inaccessible building designs continue to prevent people with disability from gaining employment and participating fully in the workforce. Personal experiences such as those of Emma Myers, who was unable to enter a building for a job interview because the entrance of the building had no wheelchair access, illustrate how physical barriers can block opportunities regardless of a person’s skills or suitability for the job.

There are similar reports of workplaces where interiors layouts, lack of accessible bathrooms and stairs created exclusion. Even though the Disability Discrimination Act 1992 (Cth) and access to standards exist to ensure equal access, many older buildings remain non-compliant, and employers often fail to understand or implement legal requirements. However, physical barriers such as stairs, narrow doorways, inaccessible bathrooms, poor signage and lack of assistive technology can prevent equal participation.

The Australian Disability Enterprises (ADE) is an employment organisation for people with disability who need significant support to work. Recent reports in the media suggest that sub-minimum wages in the ADE are unfair because they trap people with disability in structural disadvantage and prevent them from achieving financial independence. Current laws allow ADEs to legally pay below award wages, which creates systemic discrimination, meaning that the legal framework becomes a barrier to justice. Being paid far below minimum wage reinforces economic inequality leaving workers financially dependent on others. The recent Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has recommended that such inequality should be reformed or phased out by 2034.

For more information about this, access the following reports from ABC News:

• Emma Myers, “I was perfect for the job, but I couldn’t even get into the building.

Here’s why” (17 March 2021) at https://cambridge.edu.au/redirect/11932.

• Nas Campanella and Evan Young, “Australian Disability Enterprises can pay workers a fraction of the minimum wage. What place do they have in today’s society?” (29 September 2024) at https://cambridge.edu.au/redirect/11933.

Access to transport

People with disability face significant barriers to accessing justice due to widespread inaccessibility of transport services. They experience inaccessible buses and trains, refusals of services by taxis or rideshares, and obstacles for guide-dog users, which prevent individuals from attending courts, legal appointments or advocacy meetings. This creates disadvantage, making it difficult for people with disability to exercise their legal rights and seek remedies. As a result, transport inaccessibility not only limits freedom of movement but also acts as a barrier to fairness and equality before the law.

For more information about this, access the following reports from ABC News:

• Evan Young and Nas Campanella, “Transport services are ‘failing’ Australians with disability. It shouldn’t – and doesn’t have to – be that way” (25 February 2024) at https://cambridge.edu.au/redirect/11934.

• Kurt Fearnley, “It’s the system that’s the problem: How airlines are failing people with disability” (12 October 2022) at https://cambridge.edu.au/redirect/11935.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 251

07/09/26 11:58 AM

Cambridge Legal Studies Stage 6 Year 11

SA D I M GI PL T A E L C -O H N AP L Y TE R S

252

Figure 26.10.2 Many transport services are inacessible to people with disabilities.

REVIEW 26.10 Online quiz

Review questions

Access sample responses and results

Review 26.10 questions 1.

2.

3.

4.

Identify the barriers that prevent people with disability from achieving justice within the legal system.

Outline the role of Australian Disability Enterprises.

Describe the barriers that people with disability face in the workplace.

Read the media reports mentioned in this section. Explain how access to transport is failing people with disability.

Go online to assign and download questions, view results and more!

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 252

07/09/26 11:59 AM

253

Chapter 26: People with Disability

Chapter review Revise and consolidate your learning with these online tools: Interactive checklist Chapter summary Download or answer questions online View suggested responses Depth study support

• • • •

Individual student reports Assign tasks and track results Print or assign chapter tests Exam Generator: create custom practice exams

SA D I M GI PL T A E L C -O H N AP L Y TE R S

• • • • •

Teachers can access these additional downloadable resources and Learning Management System features:

Chapter summary • • •

•

•

•

People with disability have gained increasing recognition and acceptance within Australian society, reflecting a growing commitment to inclusion, equality and human rights.

Laws and policies are in place to protect and support people with a disability at both state and federal levels.

Community legal centres provide free and low-cost legal advice and legal representation, especially to those with a disability. Specialist CLCs have been established to specifically work with people with disability, for example, the Australian Centre for Disability Law. Many people with a disability find themselves in financial hardship and face discrimination. However, there has been a significant increase in the number of advocacy groups who support people with disability, ensuring their rights and interests are heard.

Advocacy groups include First Peoples Disability Network, Women with Disabilities Australia and Disability Advocacy Network Australia.

The National Disability Insurance Scheme (NDIS) aims to give greater choice of care to people with a disability, their families and carers. Safeguards have been introduced to ensure people with disabilities are not taken advantage of within our society. The NDIS Quality and Safeguards Commission was introduced to regulate providers and protect people with disabilities from exploitation.

The federal government has launched Australia’s Disability Strategy 2021–2031, and held a Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. These government initiatives aim to introduce reforms to further protect the rights of people with disabilities.

Multiple-choice questions

1. What does the Disability Discrimination Act 1992 (Cth) regard as discrimination?

A. Making allowances for individual differences when employing staff B. Claiming “unjustifiable hardship” C. Treating one person less favourably than another D. Buying gifts for all members of staff employed in a factory

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 253

07/09/26 11:59 AM

254

Cambridge Legal Studies Stage 6 Year 11

2. What is the main purpose of the Administrative Review Tribunal?

A. To enforce government decisions and ensure citizens comply with agency rules B. To provide legal advice to government agencies on policy implementation C. To automatically approve any request made by a citizen without reviewing the facts D. To review government decisions to ensure they are fair, lawful and reasonable, and to make the correct decision based on the merits of the case

SA D I M GI PL T A E L C -O H N AP L Y TE R S

3. What was the main issue in the case Haraksin v Murrays Australia Ltd (No 2) [2013] FCA 217?

A. Whether charter services must always comply with transport standards B. Whether Murrays Australia refused to provide accessible transport to a wheelchair user C. Whether Ms Haraksin failed to give sufficient notice of her travel plans D. Whether the Transport Standards automatically create a private right to sue

4. Which of the following best reflects a key recommendation of the FPDN 10-Point Plan to fix the NDIS and the experience shared in Episode 2 of Yarning Disability with Katrina McKechnie?

A. The NDIS should reduce funding for families to encourage independence.

B. The NDIS must prioritise cultural safety, community-based supports and meaningful participation of First Nations and family voices in planning and decision-making.

C. The NDIS should only focus on medical support, not social or cultural needs.

D. The NDIS should consolidate all services through private providers, with limited family input.

5. Which of the following best describes the role of non-governmental organisations (NGOs) in protecting the rights of people with disabilities?

A. NGOs provide advocacy, raise awareness and support individuals to access services and protections under the law.

B. NGOs enforce government laws and punish non-compliance.

C. NGOs replace government agencies in providing funding for disability services.

D. NGOs only provide medical care to people with disabilities.

Short-answer questions

1. Describe the different reasons why people with disability may encounter the legal system.

2. To what extent has the Australian government implemented the provisions of the United Nations Convention on the Rights of Persons with Disabilities?

3. Using case examples, explain how anti-discrimination law operates in Australia.

4. Assess the role of played by advocacy groups in protecting the rights of people with disability.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 254

07/09/26 11:59 AM

255

Chapter 26: People with Disability

Extended-response question Evaluate the effectiveness of legal and non-legal responses in achieving justice for people with disability.

Video 26.11.1 Answering an exam question

SA D I M GI PL T A E L C -O H N AP L Y TE R S

Marking criteria for extended response questions can be found in the Interactive Textbook.

Refer to these criteria when planning and writing your responses.

Uncorrected 3rd digital-only pages • Cambridge University Press & Assessment © Milgate, et al 2026 • 978-1-009-83999-0 • (03) 8671 1400 9781009840002c26_p212-255.indd 255

07/09/26 11:59 AM