Contact History  |  Impacts of law from the Aboriginal Protection Act 1905 onwards

Aborigines Act 1905 (WA).

("An Act to make Provision for the better protection and care of the Aboriginal Inhabitants of Western Australia)

The purpose of the Aborigines Act (continued from the earlier 1886 Act) was the "protection, control and segregation of Aboriginal people". Unlike the earlier legislation, the impact of the 1905 Act was far-reaching, establishing an administrative regime under the control of a Chief Protector that invaded every aspect of Noongar people's lives.[i] The Act assumed that Aboriginal people were a "dying race" in its objective of forced assimilation of future generations.

The Act incorporated terms of "caste" and "blood" into the definition of 'Aboriginality' where  "persons deemed to be Aborigines include all Aboriginal inhabitants of Australia, and half-castes or their children". More Noongar people were affected by this Act than any previous discriminatory legislation, and  its impact lasted well into  the 1970s (reinforced by subsequent amending Acts)[ii]

The Chief Protector had wide-reaching power as legal guardian of all Aboriginal children under 16 years whom he decided were illegitimate. He could grant or deny permission for Aboriginal women to marry non-Aboriginal men and could manage the property of Aboriginal people without their consent.[iii] Freedom of movement was also restricted.

In the subsequent 1936 Native Administration Act, which continued the objectives of the 1905 Act, there were severe penalties, including imprisonment for cohabitation between Noongars and Europeans. Police had extensive powers of surveillance, which continued for some time.

The segregation reinforced by the Act and existing attitudes based on race, established an apartheid regime where Aboriginal people in Western Australia were discriminated against in all sorts of ways.

Civil rights were denied by the Act. For example: those who had lost control of their property under the 1905 Act lost their eligibility to vote at State Elections:

In 1893, men were entitled to vote at WA elections if they leased or owned property. The  Commonwealth Franchise Act 1902 stated that no "Aboriginal native of Australia, Asia or Africa" were  entitled to vote unless already enrolled as voters in their State. Even if Noongars were eligible to vote, this right was removed by the Electoral Act 1907 WA List of Legislation. Aboriginal people did not obtain the right to vote at State and Federal elections until 1962.[iv]

Exemption certificate. The Chief Protector had power to grant exemption from the Act. In order to obtain exemption from the application of the Act, Aboriginal people had to apply for a certificate of exemption, which meant they were eligible for rights that belonged to other Australians.

Example of an exemption recommendation

An example of an certificate of exemption granted on 25 March 1912

Missions and Reserves

The Governor had discretion to declare Aboriginal reserves and to remove Noongar families to those reserves. These included Carrolup near Katanning.

Towns

Noongar people also had to have a permit to work and to live in town.

The Governor had discretion to declare any place a prohibited area for Aboriginal people. Noongars were subsequently not allowed to spend time in towns and were restricted from certain places.

Perth

The prohibitions applied not only to rural towns but to Perth. On 18th March 1927, the Governor of Western Australia relied on the 1905 Act to declare the City of Perth a prohibited area for Aboriginal people. This particularly affected Noongar people who lived and worked there.

Prohibited map

Noongars could not loiter in towns. They had to be there on particular business and were required to have a pass for work and entering a town. In Perth, there was a six oclock curfew where it was illegal for Aboriginal people to be in town.

Example of a "Native pass"

The reach of the Act extended to segregation in the area of education. 'There was little interest in educating Noongar children'.[v] The Department of Education opposed the enrolment of Aboriginal children in State schools.[vi]

Despite this, several Noongars resisted the imposed regime. Edward and William Harris were part of a delegation [vii] who fought the effects of the 1905 Act and advocated for Aboriginal people to be given basic civil rights like other Australians. This included the right to education in state schools (not just token education).

The 1928 Deputation of Aboriginal People to the Premier of WA.  Front (left to right) Edward Harris, William Harris. Back (left to right): Wilfred Morrison, Norman Harris, Edward Jacobs and Bill Bodney. (Courtesy of Corrie Bodney and the Claremont Museum).

Subsequent legislation of 1936 and 1944 caught more Aboriginal people within its control and maintained the requirement for certificates of citizenship.[viii] The Native Administration Act 1936 created a classification of quadroon, where those legally defined as having one quarter blood came under the Act. However, they were not subject to the legislation if they were under 21 years and 'did not associate and live in the manner of natives'. That said, a 'non-native' could be classified as 'native' by a magistrate.[ix]

A certificate of citizenship had to be obtained in order to get work. Noongar people were subsequently forced to renounce their identity to become an Australian citizen. You could not be a Noongar person and an Australian citizen at the same time. It meant that some members in families were classed as citizens and had the same rights as European citizens, whilst others were not. This created tensions within Noongar families.

In 1947, the Coolbaroo League (Noongar word, Kulbardi) was established. As well as being a club for social events and dancing for both Indigenous people and Europeans, it also fought to remove the prohibition area in Perth. The prohibited area was eventually removed in 1954.[x]

A lasting effect of the legislation was that Noongar people continued to be wary of police and avoided contact with them. Stolen Generations

While the impact of the Act was to deny Noongars their rights to practice their language and culture at work, school and other places, Noongar people continued to struggle for their rights. This included a quality western education, whilst retaining  Noongar language, culture and knowledge for present and future generations. Something which today is still regarded as important for the future of Noongar families and communities.

The fact that children aged 16 years (or from 1936,  twenty-one years) came under the control of the Chief Protector meant that they could be removed from their families and placed in institutions or adopted out.(See Stolen Generations)

Joe Northover talks about the requirement for certificates for citizenship papers. View Oral History below.