What is the legal definition of being Aboriginal?
According to Gardiner-Garden (2000), the legal historian John McCorquodale, in his analysis of over 700 pieces of legislation, found no less than 67 different definitions of Aboriginal people. Definitions of the past have often related to place of habitation, blood quantum classification, skin color and race. At present, there still remains many scientific, administrative and social definitions written about Aboriginals. Pat O’Shane, an aboriginal barrister (cited in Koorie Cultural Heritage Trust, 1991: 1) states that “We have been defined, undefined, re-defined like nobody else in the world”. The Australian Government and Aboriginal communities in general, believe an Aboriginal to be defined by three points: 1. One who identifies him or herself as being Aboriginal; and 2. One who is accepted by the Aboriginal community in which he or she lives as an Aboriginal; and 3. One who has Aboriginal ancestry A person’s physical appearance or the way they live, are not requirements. Gardiner-G