NSW Introduces Historic Aboriginal Languages Legislation into Parliament

Friday 13 October 2017 @ 10.48 a.m. | Legal Research

In a move which is hoped will promote and recognise the importance of Indigenous languages, NSW Aboriginal Affairs Minister, the Honourable Sarah Mitchell, MLC has, in the presence of Aboriginal Elders and community representatives, introduced the Aboriginal Languages Bill 2017 (NSW) (the Bill) into the NSW Parliament on 11 October 2017, with the Bill currently at second reading stage in the Legislative Council.

Background and Objective of the Bill

As stated in the Bill’s Explanatory Note, the objectives of the Bill are:

  • to acknowledge that Aboriginal languages are part of the culture and identity of Aboriginal people;
  • to establish an Aboriginal Languages Trust governed by Aboriginal people that will facilitate and support Aboriginal language activities to reawaken, nurture and grow Aboriginal languages; and
  • to require the development of a strategic plan for the growth and nurturing of Aboriginal languages.

Speaking to ABC News, Dr Ray Kelly, Research Academic at the University of Newcastle, said it was “… an emotional day”:

"[The bill's] genesis is 30 years, 40 years old, so people have been talking about the rights for language and the protection of Aboriginal languages. And [this is] for all of those older people who are no longer walking the path with us. If the resources are made available, we believe that we will bring great change to those languages considered dead."

In Parliament, Ms Mitchell read a preamble stating that “… past NSW governments tried to destroy Aboriginal languages”, with approximately 1,800 people speaking Aboriginal languages in NSW (Wiradjuri being the most widely spoken of them) and an estimated 35 original languages being spoken across the State.

Ms Mitchell also said “… I'm so proud that this house has been able to play a part in ensuring the First Peoples of this state have their languages acknowledged, re-awakened and nurtured”.

Aim and Proposed Outcome of the Legislation

The aim of the historic legislation is to recognise and revive Indigenous languages for the first time in the nation's history. In the past, speaking an Indigenous language was discouraged by various State governments, missions and schools.

The revival of traditional languages has mostly been conducted at grassroots level, with the NSW Aboriginal Land Council (NSWALC) wanting it to stay that way. NSWALC Chairperson, Roy Ah-See who is a Wiradjuri man and represents the Sydney/Newcastle Region, has called for changes to the Bill to ensure communities have the final say on revival efforts. Speaking to ABC News he said:

"The NSW Aboriginal Land Council is concerned that the legislation could seek to impose ministerial controls or intervention in relation to Aboriginal languages. For many years, our communities have worked tirelessly to retain, teach and promote Aboriginal languages."

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Sources:

University of Newcastle

NSW Aboriginal Land Council

NSW introduces nation's first laws to recognise and revive Indigenous languages – abc.net.au

Aboriginal Languages Bill 2017 (NSW) and supporting material available from TimeBase's LawOne service

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