Aboriginal Studies - Aboriginality and the Land - Past HSC Questions

2017Question 19 (30 marks)(a) Evaluate the importance of Country in improving the socioeconomic status of Aboriginal peoples. In your answer, refer to Source F on page 4 of the Source Booklet and your own knowledge.1

Makes a clear and detailed evaluation about the importance of Country for Aboriginal peoples in improving socioeconomic statusIntegrates information from the source material and own knowledge to support judgement Presents a sustained, logical and cohesive argument applying relevant terms and concepts

9-10

Makes a clear evaluation about the importance of Country for Aboriginal peoples in improving socioeconomic statusIntegrates information from the source material and own knowledge Presents a logical and cohesive argument applying relevant terms and concepts

7-8

May make a judgement about importance of Country for Aboriginal peoples in improving socioeconomic statusMakes reference to the source material AND/OR their own knowledgePresents a structured response applying some relevant terms and concepts

5-6

Demonstrates a limited understanding about importance of Country for Aboriginal peoples in improving socioeconomic statusMay make reference to the source material AND/OR their own knowledgeAttempts to use some relevant terms and concepts

3-4

Makes general statements about CountryMay refer to source OR own knowledge

1-2

Answers could include:• Health

– Caring for Country programs– Recognise the control importance of Land in regard to identity, spirituality, community and culture– Holistic understanding of health– Growth and health outcomes working with community– Sense of wellbeing in re-establishing OR maintaining cultural connectiveness

• Environmental benefits– Investment and respect of Land management knowledge and practices– Involves Aboriginal peoples’ natural resource management– Can foster relationships and partnerships between Aboriginal peoples and formal structures and systems to

better care for Land– Gives Aboriginal peoples the capacity to govern their Lands and waters

• Economic benefits– Provides a platform for community sovereignty and autonomy– Food sources and other valued sources– Opportunity for employment / wealth generation– Creates an opportunity for sustainable livelihoods through frameworks to encourage employment.

(b) Assess the significance of events that have supported Aboriginal peoples’ efforts in achieving Land Rights. In your answer, refer to at least ONE Australian Aboriginal community.

Makes a clear judgement of the significance of events that have supported Aboriginal peoples’ efforts in achieving Land Rights Demonstrates a comprehensive understanding of events that have supported Aboriginal peoples’ efforts in achieving Land Rights Makes a specific and detailed reference to at least ONE Aboriginal community to support their judgement Provides a well structured, logical and cohesive response integrating relevant concepts and terms

17-20

Makes a judgement of the significance of events that have supported Aboriginal peoples’ efforts in achieving Land Rights Demonstrates an understanding of events that have supported Aboriginal peoples’ efforts in achieving Land Rights Makes a reference to at least ONE Aboriginal community Provides a logical and cohesive response integrating relevant concepts and terms

13-16

Provides a description of events that have supported Aboriginal peoples’ efforts in achieving Land Rights May make reference to at least ONE Aboriginal community Provides a logical response integrating relevant concepts and terms

9-12

Presents a limited response about events that have supported Aboriginal peoples’ efforts in achieving Land Rights May make reference to at least ONE Aboriginal community

5-8

Makes general statements about Aboriginal peoples’ efforts in achieving Land Rights May make reference to at least ONE Aboriginal community

1-4

Answers could include:• The significance of specific events that supported Aboriginal peoples’ efforts in having the Australian Government legally recognise the Aboriginal system of land ownership and put into law the concept of inalienable freehold title.• The Land Rights Act is a fundamental piece of social reform.• The significance of events that facilitate the goal of formal legislative Land Rights, not exclusively the evolving struggle of Land Rights.• Discussion of a variety of significant events that have contributed to the enacting of formal legislation supported by specific Land Councils and communities.

2016Question 19 (a) (30 marks)(a) Explain responses to Australian Aboriginal land rights and native title. In your answer, refer to Source F on page 6 of the Source Booklet and your own knowledge.

Criteria Marks

• Demonstrates a comprehensive understanding of responses to Australian Aboriginal land rights and Native Title

• Integrates information from the source material and own knowledge• Presents a sustained, logical and cohesive explanation applying relevant terms and concepts

9–10

• Demonstrates sound understanding of responses to land rights and Native Title• Makes reference to the source material and own knowledge• Presents a logical and cohesive explanation including relevant terms and concepts

7–8

• Demonstrates some understanding of responses to land rights and Native Title• Makes reference to the source material AND/OR own knowledge• Presents a structured explanation using some relevant terms and concepts

5–6

• Demonstrates limited understanding of responses to land rights AND/OR Native Title• May make reference to the source material AND/OR own knowledge• Presents a structured explanation using some relevant terms and concepts

3–4

• Makes general statements about Native Title AND/OR land rights• May refer to source OR own knowledge

1–2

Answers could include:

Diversity of community opinions on Native Title (eg change of land usage and its impact on socioeconomic indicators).

Source F refers to different perspectives, which may be included in the response. These include environmental, local council, farmers and Aboriginal and Torres Strait Islander peoples.

Native Title describes the rights which Aboriginal people have to land and waters according to their customary laws.

‘Land rights’ refers to the evolving struggle of Aboriginal and other Indigenous peoples for the absolute legal and moral acknowledgement of prior ownership of their land and recognition of all accompanying rights and obligations which flow from this association. ‘Land Rights’ (capitalised) refers to legislation. • Yirrkala Bark Petition (1963) • Larrakia Petition (1972) • Blue Mud Bay High Court decision • NT Land Rights Act (1976) • Indigenous Protected Areas (IPA) • Mabo Case • The introduction of the Native Title Act (1993)

• Establishment of the Indigenous Land Council (ILC) by the Government in consultation with Aboriginal people • Indigenous Land Use Agreements (ILUAs) • Wik High Court Decision (1996) • Native Title Amendment Act (1998) • Native Title Amendment Bill (2009) • Traditional Owners Settlement Bill (2010)

Question 19 (b)

(b) Explain the difficulties Aboriginal peoples have in achieving land rights. In your answer, refer to at least ONE Australian Aboriginal community.

Criteria Marks•

•

•

Demonstrates extensive knowledge and understanding of the difficulties that have influenced Aboriginal peoples’ efforts to achieve land rightsMakes specific and detailed references to at least ONE Aboriginal communityProvides a sustained, logical and cohesive response integrating relevant concepts and terms

17–20

•

••

Demonstrates sound knowledge and understanding of the difficulties that have influenced Aboriginal peoples’ efforts to achieve land rightsMakes references to at least ONE Aboriginal communityProvides a logical and cohesive response integrating relevant concepts and terms

13–16

•

••

Demonstrates some knowledge and understanding of the difficulties that have influenced Aboriginal peoples’ efforts to achieve land rightsMay make reference to at least ONE Aboriginal community Provides a logical response integrating relevant concepts and terms

9–12

•

•

Demonstrates limited knowledge of issues that have influenced Aboriginal peoples’ efforts to achieve land rightsMay make reference to at least ONE Aboriginal community

5–8

•

•

Makes general statements of issues that have influenced Aboriginal peoples’ efforts to achieve land rightsMay make reference to at least ONE Aboriginal community

1–4

Answers could include:•Native Title Act needs review•Numerous native title groups•Lengthy process in claims•Financial issues•Inner-council battles•Proving on-going connection after dispossession–Little or no protection from mining companies–No veto rights•Biased arbitration process•No trust in the negotiations process between Aboriginal Land Councils and Governments•Difference between exclusive and non-exclusive land use.

2015Question 19 — Aboriginality and the Land (30 marks)Question 19 (a)Refer to the source and your own knowledge to answer Question 19 (a).

I want to ensure that the traditional laws, customs, sites, bush tucker, trees, plants and water at Koongarra stay the same as when they were passed on to me by my father and great-grandfather. Inscribing the land at Koongarra as World Heritage is an important step in making this protection lasting and real.

Mr Jeffrey Lee Senior traditional owner of the Djok (Gundjeihmi) clan. With kind permission of Jeffrey Lee

(a)Why is Country important to Aboriginal peoples? In your answer, use the source and your own knowledge.

Criteria Marks

Demonstrates extensive understanding of the importance of Country for Aboriginal peoples Integrates information from the source material and own knowledge Presents a sustained, logical and cohesive response applying relevant terms and concepts

9–10

•

••

Demonstrates detailed understanding of the importance of Country for Aboriginal peoples Makes reference to the source material and own knowledge Presents a logical and cohesive response including relevant terms and concepts

7–8

•

••

Demonstrates sound understanding of the importance of Country for Aboriginal peoples Makes reference to the source material AND/OR own knowledge Presents a structured

response using some relevant terms and concepts 5–6

•

•

Demonstrates some knowledge of the importance of Country for Aboriginal peoples May make reference to the source material Uses some relevant terms and concepts 3–4

••

Makes general statements about Country May refer to source

1–2

Sample answer:For Aboriginal peoples Country provides the link to land and water and therefore identity. Country denotes a

close association amongst a set of individuals, kinships ties, ancestral links and Dreaming stories.Country is central to Aboriginal peoples’ self-identification because of religious and spiritual connections to

that language and or geographical area. Country is the historical, economic, spiritual and religious connection to land.Country is important for Aboriginal peoples because of the location of sacred sites which have ancestral and Dreaming significance. From these sites come the stories, behaviours and responsibilities that are all part of Country for Aboriginal peoples. These stories bind Aboriginal peoples to their lands and Country. The Dreaming Tracks mapped out Country and guided the journey across it.

Managing and conserving Country is very relevant and contemporary. The roles of Land Councils, NPWS and Elders are important for Aboriginal people in accessing their Country and knowing their belonging to it. Country is important for Aboriginal peoples to identity their rich cultural heritage.

Question 19 (b)(b)Assess the importance to Aboriginal peoples of gaining land and water rights AND/OR native title.In your answer, refer to at least ONE Australian Aboriginal community

Answers could include: Land and water rights are essential to Aboriginal spirituality, identity and heritage. The diversity of the land

and water shaped the lifestyles of Aboriginal peoples across Australia. The various songlines, trade routes and ceremonies were all interconnected with the land and the water.

Colonisation changed these concepts. Terra Nullius was used to justify the invasion and occupation of this country.

The struggle for land rights has always been on the political agenda for Aboriginal peoples. Land rights were seen as a vehicle for claiming social justice and equity.

There have been significant events in the struggle for Aboriginal land rights: Day of Mourning 1938 Freedom Ride 1965 Wave Hill walk off by the Gurindji people Referendum 1967 Tent Embassy 1972 Northern Territory Land Rights Act 1975 NSW Land Rights Act 1983 Mabo decision 1992 Native Title Act 1993

–

Criteria Marks•

•

Demonstrates extensive knowledge and understanding of the importance of gaining land and water rights AND/OR native title for Aboriginal peoplesMakes specific and detailed references to at least ONE Aboriginal CommunityProvides a sustained, logical and cohesive response integrating relevant concepts and terms

17–20

•

•

Demonstrates sound knowledge and understanding of the importance of gaining land and water rights AND/OR native title for Aboriginal peoplesMakes references to at least ONE Aboriginal CommunityProvides a logical and cohesive response integrating relevant concepts and terms

13–16

•

•

Demonstrates some knowledge and understanding of the importance of gaining land and water rights AND/OR native title for Aboriginal peoplesMay make reference to ONE Aboriginal CommunityProvides a logical response using appropriate concepts and terms

9–12

• Demonstrates limited knowledge of land AND/OR water rights AND/OR native title for Aboriginal peoplesMay make reference to ONE Aboriginal Community 5–8

• Makes general statements about land AND/OR water rights AND/OR native title• May make reference to ONE Aboriginal Community

Notes from the marking centreCandidates showed strength in these areas:

referring to the sources and linking the sources to the key elements of the question explaining the importance of land and water rights.

Candidates need to improve in these areas: providing an explanation rather than a narrative ensuring that if they refer to more than one community, they do so without reducing the depth of the response ensuring that the focus is post-1960 providing examples of the importance of Land Rights events and recognition of heritage and identity to

Aboriginal communities assessing/analysing where required integrating the source into their answer referring to specific communities rather than just Aboriginal Australians avoiding general statements about ways Aboriginal people express their heritage and identity providing specific examples using the correct source for the question.

2014Question 19 — Aboriginality and the Land (30 marks)Question 19 (a)(a) Explain the significance of the Tent Embassy to Aboriginal peoples. Use the source and your own knowledge to answer the question.

Criteria Marks

Demonstrates extensive understanding of the importance of the Tent Embassy or Aboriginal peoples

Presents a sustained, logical and cohesive response applying relevant terms and concepts Integrates information from the source material and own knowledge

9–10

Demonstrates detailed understanding of the importance of the Tent Embassy for Aboriginal peoples

Presents a well-structured and cohesive response including relevant terms and concepts Makes reference to the source material and own knowledge

7–8

Demonstrates sound understanding of the importance of the Tent Embassy for Aboriginal peoples

Presents a structured response using some relevant terms and concepts Makes reference to the source material and/or own knowledge

5–6

Demonstrates some knowledge of the importance of the Tent Embassy for Aboriginal peoples Uses some relevant terms and concepts May include information from the source

3–4

Makes general statements about the Tent Embassy May refer to source

1–2

Answers could include: The Aboriginal Tent Embassy provided an expression of land ownership and entitlement as well as the

broader issues of self-government and empowerment. During the first six months of its life in 1972 the Embassy succeeded in uniting Aboriginal peoples throughout Australia in demanding uniform national land rights and mobilised widespread non-Aboriginal support for their struggle.

The original demands presented to Federal Parliament by the Tent Embassy showed the importance placed by Aboriginal peoples on self-determination and the collective understanding of their history and culture. The Tent Embassy was and continues to be a symbol of struggle and protest for positive change and to unite in the struggle for equality.

Mick Gooda has recounted how the Tent Embassy maintained a presence in Canberra for the past 40 and still remained a powerful symbol for advocacy in Aboriginal affairs

Question 19 (b)

(b) Explain the various responses to the struggle for Aboriginal Land Rights.In your answer, refer to at least ONE Australian Aboriginal community.

Answers could include: Land is central to Aboriginal spirituality, identity and heritage. The diversity of the land and environment

shaped the lifestyles of Aboriginal people across Australia. The various song lines, trade routes and ceremonies were all interconnected with the land and the Dreaming.

Yet, colonisation changed these concepts. Terra Nullius was used to justify the invasion and occupation of this country.

The struggle for land rights has always been on the political agenda for Aboriginal people. Land rights were seen as a vehicle for claiming social justice and equity.

There have been significant events in the struggle for Aboriginal land rights:• Day of Mourning 1938• Freedom Riders 1965• Wave Hill walk off by the Gurindji people 1965• Referendum 1967• Tent Embassy 1972• Northern Territory Land Rights Act 1975• NSW Land Rights Act 1983• Mabo decision 1992• Native Title Act 1993.

The connection and responsibility with land today is as strong as ever. The return of land rights to Aboriginal people through land rights legislation has provided Aboriginal people with a sense of empowerment and self-determination. Through land councils and similar organisations, Aboriginal people now have a say in the management of their land.

Land rights are the most important and fundamental issue for Aboriginal people. The denial of access to land can be directly attributed to the social and welfare issues that exist today.

There MUST be reference to at least ONE Australian Indigenous community as per the question.

Notes from the Marking CentreCandidates showed strength in these areas:• referring to the sources to link the key elements of the question (part (a)) • explaining various responses – Aboriginal, non-Aboriginal and government – to the struggle for Land Rights (part (b)) • focusing on one particular community (part (b)). Candidates need to improve in these areas:• providing an explanation rather than a narrative (part (a)) • demonstrating understanding of the significance of the Tent Embassy (part (a)) • ensuring that if they refer to more than one community, they do so without reducing the depth of the response (prt (b• ensuring that the focus is post-1960 (note: the HSC course focuses on legislation, policy, legal decisions and current events from the 1960s) • providing examples of Land Rights events • assessing/analysing where required.

Criteria Marks Provides a sustained, logical and cohesive response integrating relevant concepts and

terms Demonstrates extensive knowledge and understanding of a range of responses by the wider

Australian community to Aboriginal peoples’ struggle for land rights Clearly demonstrates the relationship between the reasons and responses of different

groups Makes specific and detailed references to at least ONE Australian Aboriginal community

17–20

Provides a logical and cohesive response using appropriate concepts and terms Demonstrates sound knowledge and understanding of a range of responses by the wider

Australian community to Aboriginal peoples’ struggle for land rights Demonstrates the relationship between the reasons and responses of different groups Makes references to at least ONE Australian Aboriginal community

13–16

Demonstrates some knowledge of a range of responses by the wider Australian community to Aboriginal peoples’ struggle for land rights

Attempts to demonstrate the relationship between the reasons and responses of different groups

Makes reference to ONE Australian Aboriginal community

9–12

Demonstrates limited knowledge of the responses by the wider Australian community to Aboriginal peoples’ struggle for land rights

May make reference to ONE Australian Aboriginal community5–8

Makes general statements about the community AND/OR Aboriginal peoples’ struggle for land rights

1–4

2013Question 19 — Aboriginality and the Land (30 marks)Refer to the following sources and use your own knowledge to answer Question 19.Source A

Source BImage from the Tent Embassy CanberraThe Koori Mail, 8 February 2012

Gary Foley, a leading Indigenous activist from the 1970s and now a historian . . . emphasised the importance of Aboriginal resistance after the First Fleet arrived indicating that there is a common thread which runs through all the 20th Century Aboriginal resistance organisations to the Tent Embassy.

Acknowledgement: © Green Left Weekly Extract from GLW issue 843, 4 July 2010

Question 19 (a)(a) Describe the efforts made by Aboriginal peoples to reassert their sovereign title to Country.

Criteria Marks Demonstrates extensive understanding of efforts made by Aboriginal peoples to reassert

sovereign title to their Country Presents a sustained, logical and cohesive response applying relevant terms and concepts Integrates information from the source material and own knowledge

9–10

Demonstrates detailed understanding of efforts made by Aboriginal peoples to reassert sovereign title to their Country

Presents a well-structured and cohesive response including relevant terms and concepts Makes reference to the source material and own knowledge

7–8

Demonstrates sound understanding of efforts made by Aboriginal peoples to reassert sovereign title to their Country

Presents a structured response using some relevant terms and concepts Makes reference to the source material and/or own knowledge

5–6

Demonstrates some knowledge of efforts made by Aboriginal peoples to reassert sovereign title to their Country

Uses some relevant terms and concepts May include information from sources

3–4

Makes general statements about Country May refer to a source

1–2

Sample answer:Aboriginal people never ceded sovereignty to their traditional land but colonisation had a devastating impact on their connections to their land and their culture. The doctrine of Terra Nullius resulted in the automatic reception of English law in the new colonies thereby dismissing Aboriginal peoples’ prior ownership of the land. Aboriginal people never gave up the land, never gave up their culture and destiny and have campaigned for recognition of prior ownership since European arrival. An example of the various campaigns undertaken is the Tent Embassy of 1972 provided in source A.

Answers could include:[Students can mention various examples of the efforts Aboriginal people have made to reclaim their sovereign rights:

Gurindji walk off Wave Hill Walk Off Tent Embassy (1972) provided in Land Rights Act 1983 (NSW) Mabo case (1992) Yirrikala and the Bark Petition Native Title Act 1993 (Cth) Reconciliation] Noonkanbah WA

\

Question 19 (b)(b) Assess the effect on Australian Indigenous communities of land and water rights legislation and cases AND/OR native title legislation and cases.In your answer, refer to at least ONE Australian Indigenous community.

Criteria Marks Demonstrates extensive knowledge of Land and Water Rights and/or Native Title

legislation and cases Makes an informed judgement about the effect of Land and Water Rights and/or Native

Title legislation and cases on communities Presents a sustained, logical and cohesive response applying relevant concepts and terms Makes specific and detailed references to at least ONE Australian Indigenous community

17–20

Demonstrates detailed knowledge of Land and Water Rights and/or Native Title legislation and cases

Makes a judgement about the effect of Land and Water Rights and/or Native Title legislation and cases on communities

Presents a well-structured response including relevant concepts and terms Makes references to at least ONE Australian Indigenous community

13–16

Demonstrates some knowledge of Land and Water Rights and/or Native Title legislation and cases

Comments on the effect of Land and Water Rights and/or Native Title legislation and cases on communities

Presents a structured response including relevant concepts and terms

9–12

Makes general statements about Land and Water Rights and/or Native Title legislation and cases

May make reference to at least ONE Australian Indigenous community5–8

Makes general statements about Land and Water Rights and/or Native Title legislation and cases

1–4

Answers could include: Land and water rights are the most important and fundamental issue for Aboriginal people. The denial of

access to land and water can be directly attributed to the social and welfare issues that exist today. Candidates need to address the following in their responses Recognition of rights leads to native title and/or land use agreements. Self-determination Limited nature of land use agreements /government agendas/change can occur with pressure groups eg

mining companies Link land/water to economic, social, cultural independence and cultural maintenance The limited opportunity to claim due to urbanisation, loss of links and the criteria for legal challenges such as

Mabo and then Wik judgements. Native Title Act 1993 (Cth) and Amendments The formalised nature of treaties signed or promised over time to indigenous communities

Exploration of the concept of sovereignty and self-determination There MUST be reference to at least ONE Australian indigenous community as per the question rubric

Notes from the Marking CentreCandidates showed strength in these areas for both Questions 19 and 20:• referring to the sources to link the key elements of the question (part a) • providing a detailed response with a focus on one particular community (part b) • unpacking the question(s) with specific and detailed responses.

Candidates need to improve in these areas:• avoiding narrative (part a) • making reference to many different communities without any depth (part b) • ensuring the focus is post 1960 • using the sources within the response • assessing/analysing where required.

2012Question 20 — Aboriginality and the Land (30 marks)Question 20 (a)Those who have been most dispossessed are least able to access native title.

Gurindji Elder Vincent Lingiari and Prime Minister Gough Whitlam at Wattie Creek, Northern Territory, 1975.(a) Using the sources provided, explain the importance of Country for Aboriginal people today.

Criteria Marks Demonstrates extensive understanding of the importance of Country for Aboriginal people

today Presents a sustained, logical and cohesive response applying relevant terms and concepts Integrates information from the source material and own knowledge

9–10

Demonstrates detailed understanding of the importance of Country for Aboriginal people today

Presents a well-structured and cohesive response including relevant terms and concepts7–8

Demonstrates sound understanding of the importance of Country for Aboriginal people today Presents a structured response using some relevant terms and concepts Makes reference to the source material and/or own knowledge

5–6

Demonstrates some knowledge of the importance of Country for Aboriginal people today Uses some relevant terms and concepts May include information from sources

3–4

Makes general statements about Country May refer to a source

1–2

Answers could include: Country is important for Aboriginal people today because it is integral to Aboriginal identity, cultural

maintenance and the potential improvement of socioeconomic status.

Country is strongly linked to an Aboriginal person’s identity through several things such as family, totems, languages and cultural practices. Country can be important for a person’s spirituality, wellbeing and cultural maintenance.

Determining custodianship of Country is important in the determination of who may have the capacity to authentically speak for their Country in things such as Welcome to Country.

Custodianship is central to native title, yet despite ongoing connection to Country, many Indigenous people have been removed from their country and so remain unable to access native title.

Notes from the Marking Centrea. The focus on importance of Country allowed candidates who wrote better responses to use the source and their own knowledge to discuss Aboriginal land and water rights. They examined the importance today of land as the basis of a local economy in self-sufficiency, as well as the reclamation of culture and cultural maintenance.

In mid-range responses, candidates referred to both sources and attempted to discuss dispossession and Native Title. They had a working knowledge of Gurindji land claims but needed to go back to the question of the importance of Country, and more specifically the word ‘today’.

In weaker responses, candidates confused Country and land claims. They made little reference to Native Title and in the area of culture used the term ‘Dreamtime’ instead of ‘Dreaming’. These candidates did not appear to recognise the key persons in the source, the positions they held, and the significance of the return of land.

Question 20 (b)(b) Discuss the impact of the Mabo decision and subsequent legislation on Australian Indigenous communities and their access to native title.In your answer, refer to at least ONE Australian Indigenous community.

Criteria Marks Demonstrates extensive knowledge of the Mabo decision and subsequent Native Title

legislation Demonstrates a clear understanding of the impact of the Mabo decision and subsequent

Native Title legislation on communities Presents a sustained, logical and cohesive response applying relevant concepts and terms Makes specific and detailed references to at least ONE Australian Indigenous community

17–20

Demonstrates detailed knowledge of the Mabo decision and subsequent Native Title legislation

Demonstrates an understanding of the Mabo decision and /or subsequent Native Title legislation on communities

Presents a well-structured response including relevant concepts and terms Makes references to at least ONE Australian Indigenous community

13–16

Demonstrates some knowledge of the Mabo decision and/or subsequent Native Title legislation

Presents a structured response including relevant concepts and terms Makes reference to at least ONE Australian Indigenous community

9–12

Makes general statements about Mabo and/or Native Title legislation May make reference to at least ONE Australian Indigenous community

5–8

Makes general statements about Mabo and/or Native Title 1–4

Answers could include: Students could approach the importance of the Mabo decision in various ways. For example, importance

could be addressed through concepts such as:• recognition of custodianship• identity• access to / control of land• sovereignty• self determination.

Alternatively, the importance of the decision could be addressed through:• Native Title Act 1993• Wik• Native Title Amendment Act• Yorta Yorta.

Strong answers are likely to include elements of both approaches.

Notes from the Marking Centre.b. In better responses, candidates were specific and detailed with close reference to High Court legislation and Native Title impacts. The Australian Indigenous community was linked to the response with their respective land claims, and the Redfern community was used by some candidates highlighting the issues surrounding the re-development of areas such as The Block.

In mid-range responses, candidates made more general statements regarding legal aspects, but they needed to integrate and refer to the Australian community.

In weaker responses, candidates made limited reference to the question asked, and there was confusion between land claims and Native Title.

2011Question 8 — Aboriginality and the Land (30 marks)Question 8 (a)(a) Using Source D and your own knowledge, examine a variety of responses to government decisions about Aboriginal land and water rights.

Answers could include: Students do not need to address every possible response; however, a high-quality answer should examine a variety of responses. Responses to government decisions can be different and varied; however, some general themes could include: Government views on issues such as conservation and job creation Aboriginal views on issues such as the importance of keeping land and culture, and the need for economic development Industry or corporate views on issues such as profits, shareholders, expansion, employment, etc. Some recent evidence of interest in Aboriginal community development Non-government organisations, such as World Vision, AusAID, etc Churches Environmentalist views on issues such as conservation, limited development, etc

Criteria Marks Provides a sustained, logical and cohesive response Demonstrates comprehensive knowledge of the responses to government decisions about

land and water rights Clearly identifies government decisions about land and water rights Integrates reference to the source material and own knowledge

9–10

Provides a logical and cohesive response Demonstrates detailed knowledge of the responses to government decisions about land and

water rights Identifies government decisions about land and water rights Makes reference to the source material and own knowledge

7–8

Demonstrates some knowledge of the responses to government decisions about land and/or water rights

Refers to government decisions about land and water rights (may be implied) Makes limited reference to source material and/or own knowledge

5–6

Provides limited detail regarding government decisions and/or responses Makes limited reference to source material and/or own knowledge

3–4

Provides basic information regarding government decisions and/or responses AND/OR May refer to source material and/or own knowledge

1–2

Notes from the Marking Centrea.In better responses, candidates used both information from the source and their own knowledge in their answers. Responses to government decisions and their impact on traditional owners were examined in detail. Candidates had a good understanding of Aboriginal land and water rights.

In mid-range responses, candidates struggled to identify what responses to government decisions were. They displayed little or no knowledge of the Land Rights Act, but showed a working knowledge of Native Title, or they mentioned the Land Rights Act, but gave few details on Native Title. There was limited referral to the responses to land and water rights legislation.

In weaker responses, candidates did not use the information in Source D. Some simply re-stated the question or copied text from the source.

Question 8 (b)–(b) Analyse how various responses to Aboriginal land and water rights impact upon the social, political and cultural lives of Aboriginal people. Refer to your Local Aboriginal Case Study in your answer.

Answers could include:Students need not cover all of the social, political and cultural aspects in depth, or witheven weight, in order to receive full marks. Higher order answers should cover these broadly, and references to social, political or cultural aspects can be inferred.

Higher order responses should show clear understanding of the various components of this complex issue. This would involve evidence of understanding about land and water rights, along with the ‘various responses’ and their impacts on the lives of Aboriginal people in social, political and cultural ways, including:

Positive government decisions, such as land rights legislation National Parks and Wildlife protection has given Aboriginal people an opportunity to be involved in a joint

management initiative, generating jobs and opportunities to protect sites Regional development committees established fishing and cultural rights Local, state and federal government decisions Indigenous Land Use Agreements Examples of where land and water rights have been restricted due to government decisions, such as local

council decisions Government inertia/inaction in intervening between private landholders Government decisions being swayed by lobby groups and the media Lack of political will Federal government overriding state and local decisions

Criteria Marks Provides a sustained, logical and cohesive response Demonstrates extensive knowledge of responses to land and water rights Makes clear connection between these responses and the social, political and cultural lives of

Aboriginal peoples Makes specific and detailed references to Local Aboriginal Case Study

17–20

Provides a logical and cohesive response Demonstrates detailed knowledge of responses to land and water rights Makes connections between responses and the social, political or cultural lives of Aboriginal

peoples Makes specific reference to Local Aboriginal Case Study

13–16

Demonstrates sound knowledge of responses to land and water rights Attempts to link responses to land and water rights to the social, political or cultural lives of

Aboriginal peoples Makes references to Local Aboriginal Case Study

9–12

Demonstrates limited knowledge of responses to land and water rights Makes some reference to responses to land and water rights with the social, political or

cultural lives of Aboriginal people May make limited references to Local Aboriginal Case Study

5–8

Provides basic information on land and water rights and/or responses to land and water rights and/or the social, political or cultural lives of Aboriginal people

AND/OR May make limited reference to the Local Aboriginal Case Study

1–4

Complexities of court decisions

Notes from the Marking CentreIn better responses, candidates discussed the impact of Aboriginal land and water rights. These responses were specific and detailed. Most responses revealed extensive knowledge and understanding of land and/or water rights and integrated the course concepts. Reference to the Local Aboriginal Case Study in some otherwise good responses was limited.

In weaker responses, candidates failed to focus on land and water rights, made little if any reference to responses, and had limited or no reference at all to their Local Aboriginal Case Study.

2010

Question 8 — Aboriginality and the Land (30 marks)Question 8 (a)(a) Using Sources C and D and your own knowledge, explain how government decisions on land and water rights and native title affect traditional owners.

Criteria Marks Provides a sustained, logical and cohesive response • Demonstrates an extensive knowledge of

land and water rights and native title Makes a clear connection between government decisions on land and water rights and native

title and the effect on traditional owners • Integrates reference to the source material AND own knowledge

9–10

Provides a cohesive and logical response • Demonstrates a detailed understanding of land and water rights and native title

Makes connections between government decisions on land and water rights and native title and the effect on traditional owners • Makes reference to the source material AND own knowledge

7–8

Provides sound understanding of land and water rights and native title Attempts to link government decisions on land AND/OR water rights AND/OR native title and the

effect on traditional owners Makes limited reference to the source material AND/OR own knowledge

5–6

Provides limited detail of land AND/OR water rights AND/OR native title AND/OR traditional owners • May refer to Sources C AND/OR D or own knowledge

3–4

Provides basic information of land AND/OR water rights AND/OR native title AND/OR traditional owners AND/OR • May refer to Source C AND/OR D AND/OR own knowledge

1–2

Sample answer/Answers could include:•Recognition of rights leads to native title and/or land use agreements. Can undertake a range of economic activities with less government control•Joint management of national parks gives Aboriginal peoples input into the future through environmental sustainability•Self-determination•Better/alternative responses could include limited nature of land use agreements, due to ongoing government involvement setting agendas, political climate (legislation still open to change, lack of political will).

Notes from the Marking CentreIn better responses, candidates integrated the sources with their own knowledge in their answers. Government decisions and their impact on traditional owners were examined in detail. These responses clearly demonstrated candidates’ understanding of the difference between government and court decisions.

Mid-range responses struggled to identify what government decisions were with candidates having difficulty interpreting source information. They displayed little or no knowledge of the Land Rights Act, yet were able to show a working knowledge of Native Title; or mentioned the Land Rights Act but gave few details on Native Title. There was limited reference to land and water rights within these contexts.

In weaker responses, candidates encountered difficulty in recognising the significance of the images in Source D, particularly interpreting the phrase ‘more than flora and fauna’. They tended to paraphrase Source C without drawing from their own knowledge.

Question 8 (b)(b) To what extent does ownership of land and water by Aboriginal people contribute to their achievement of equality in society? Refer to your Local Aboriginal Case Study in your answer.

Criteria Marks Provides a sustained, logical and cohesive response Demonstrates extensive knowledge of the importance of land and water ownership Makes an informed judgement on the contribution of land and water ownership to the

achievement of equality in society Makes specific and detailed references to Local Aboriginal Case Study

17–20

Provides a cohesive and logical response Demonstrates detailed knowledge of the importance of land and water ownership Makes a judgement on the contribution of land and water ownership to the achievement of

equality in society Makes specific references to Local Aboriginal Case Study

13–16

Demonstrates sound knowledge of land and water ownership Comments on the contribution of land and water ownership to the achievement of equality

in society Makes reference to Local Aboriginal Case Study

9–12

Demonstrates limited knowledge of land and water ownership Makes some reference to land and water ownership AND/OR equality in society Limited reference to Local Aboriginal Case Study Provides basic information about land AND/OR water

5–8

Provides basic information about land AND/OR water ownership AND/OR Makes some reference to the importance of equality in society AND/OR May make limited reference to the Local Aboriginal Case Study

1–4

Sample answer/Answers could include:•Students can argue that ownership contributes either to a large or to a small extent but must have supporting evidence for their arguments•For a large extent, students should link ownership to economic, social and cultural independence, self-determination, healing and health benefits and cultural affirmation/ maintenance•If students argue a small or no extent they should examine the limited nature of land and water ownership, particularly in some communities in built up/urban areas, ongoing highlevels of government control and criteria setting. They could also argue that land rights/ ownership/title is over-legislated and/or still open to the political whim of governments• Refers to Local Aboriginal Case Study.

Notes from the Marking CentreIn better responses, candidates discussed the impact of ownership of land and water. The responses were specific and detailed and explained the impact of the achievement of equality. However, reference to the local Aboriginal community case study in some otherwise good responses was limited. Most responses revealed extensive knowledge and understanding of land and/or water rights and integrated the course concepts.

Weaker responses did not focus on land and water ownership, made little if any reference to equality, and had limited or no reference at all to their local Aboriginal community case study. There was also some confusion with the concept of land as taught in the Preliminary course and the ownership issues of contemporary society.

2009Question 88a) Using Sources D and E and your own knowledge, outline the key achievements of the Aboriginal land rights movement in New South Wales.

Criteria Marks Provides a sustained, logical and well-structured response Clearly indicates key achievements of the Aboriginal land rights movement in NSW Integrates reference to the source material

9–10

Provides a structured and logical response Briefly states some key achievements of the Aboriginal land rights movement in NSW Makes reference to the source material

7–8

Identifies some achievements of the Aboriginal land rights movement in NSW Makes limited reference to the source material 5–6

Makes some mention of the Aboriginal land rights movement May refer to Source D and/or E 3–4

Provides basic information about Aboriginal land rights AND/OR May refer to Source D and/or E 1–2

Answers could include: The legislation itself as an achievement. The hand back of parks / land to traditional owners / communities. Continuous operation despite attempts to dismantle, including negative media coverage. Local Aboriginal Land Councils and their programs such as housing, business enterprises. Contribution to economic independence, autonomy, self determination. Disadvantages of the legislation such as limits on types of land that can be claimed, perceived limited results

arising from land councils.

Notes from the Marking Centrea.In better responses, candidates used the source and their own knowledge to outline in some detail the key achievements of the legislation, and the Aboriginal land rights movement generally.

Mid-range responses either displayed little knowledge of the Land Rights Act (yet were able to show a working knowledge of Native Title) or mentioned the Land Rights Act but gave few details on Native Title.

Weaker responses ignored the sources or paraphrased the sources without drawing from their own knowledge, and did not focus on the key achievements in NSW. These responses showed a general lack of knowledge of the NSW Land Rights Act, and confused Land Rights with Native Title. The focus for these responses tended to be on national issues.

8b) Assess the impact of government policies and legislation on Indigenous land and/or water rights. Refer to your local Aboriginal community case study in your answer.

Criteria Marks

Provides a sustained, logical and well-structured response Demonstrates extensive knowledge of government policies and legislation as they relate to

land and/or water issues Makes an informed judgement about the impact of government policies and legislation on land

and/or water rights Makes specific and detailed references to local community case study

17–20

Provides a structured and logical response Demonstrates detailed knowledge of government policies and legislation as they relate to land

and/or water issues Makes a judgement of the impact of government policies and legislation on land and/or water

rights Makes specific references to the local community case study

13–16

Demonstrates some knowledge of government policies and legislation Comments on the impact of government policies and legislation on land and/or water rights Makes reference to the local community case study

9–12

Demonstrates limited knowledge of government policies and/or legislation Demonstrates limited knowledge of land and/or water rights Makes limited reference to the local community case study

5–8

Provides basic information relating to the government and/or land and/or water rights AND/OR May make limited reference to the local community case study

1–4

Answers could include: Impact of government policies and legislation such as: Land Rights legislation, Native Title Act, amendments to legislation impact of the NT intervention legislation on Land Rights impact of other policies and legislation to do with heritage, climate change, water, ecological sustainability,

mining – links to local community case studies Indigenous Land Use Agreements were introduced to overcome perceived deficiencies in the legislation reforms to Native Title Tribunal and other relevant bodies. These have varying degrees of impact on Indigenous land and water rights.

Notes from the Marking Centreb.Better responses discussed the impact of government policies and legislation. They were specific and detailed and referred to their local Aboriginal community case study. These responses revealed extensive knowledge and understanding of land and/or water rights and integrated the course concepts.

Weaker responses failed to focus on policies and legislation, and the impact of these, or made little or no reference to their local Aboriginal community case study. Such responses required a better understanding of land and/or water rights and the impact of Native Title and any amendments