M1 - Learner Manual

1.7. Legislation

The New South Wales Aborigines Protection Act 1909 (25/1909) was 'An Act to provide for the protection and care of Aborigines; to repeal the Supply of Liquors to Aborigines Prevention Act; to amend the Vagrancy Act, 1902, and the Police Offences (Amendment) Act, 1908; and for purposes consequent thereon or incidental thereto.' It provided the Aborigines Protection Board, which had existed since 1881, with legal powers to 'provide for the protection and care of Aborigines.' It was the first piece of legislation that dealt specifically with Aboriginal people in New South Wales. It applied to all Aboriginal people but contained particular provisions for children, including the right of the Protection Board to remove youths from Aboriginal Reserves and place them into service. The Act was amended in 1915, 1918, 1936, 1940, 1943 and 1963. It was repealed by the Aborigines Act 1969.

The development of this act came about when mainstream society of the day started to complain largely about Aboriginal people moving into the fringes of towns and civic centres, as well as the increase in population of ‘half-castes’ demanding that something be done to better control the lives and movements of Aboriginal peoples.

The Aborigines Protection Act 1909 provided the Aborigines Protection Board, which had existed since 1881, with legal powers to 'provide for the protection and care of Aborigines. That is, whilst some laws were in place which gave power the police and government agencies to enforce or deny services, there was not a comprehensive piece of legislation, which gave the government the comprehensive powers to do so. Many argue that this enshrined the powers of the colonial government to control the people’s lives from birth to death – mission to work.

Other State and Territory governments had enacted legislation as well which dealt with the “problem” of needing to provide protection and care of Aborigines.