Chapter 6 Caught in the Act, New South Wales Government Act of Bastardry Against Aboriginal People 1788-2005, Kathy Stavrou 2005

PROTECTIVE PROVISIONS - TORRENS TITLE
s42 (1) Notwithstanding the existence in any other person of any estate or interest which but for this Act might be held to be paramount or to have priority, the registered proprietor for the time being of any estate or interest in land recorded in a folio of the Register shall, except in case of fraud, hold the same, subject to such other estates and interests and such entries, if any, as are recorded in that folio, but absolutely free from all other estates and interests that are not so recorded except:
(a) the estate or interest recorded in a prior folio of the Register by reason of which another proprietor claims the same land;
(a1) in the case of the omission or misdescription of an easement subsisting immediately before the land was brought under the provisions of this Act or validly created at or after that time under this or any other Act or a Commonwealth Act,
(b) in the case of the omission or misdescription of any profit à prendre created in or existing upon any land;
(c) as to any portion of land that may by wrong description of parcels or of boundaries be included in the folio of the Register or registered dealing evidencing the title of such registered proprietor, not being a purchaser or mortgagee thereof for value, or deriving from or through a purchaser or mortgagee thereof for value; and
(d) a tenancy whereunder the tenant is in possession or entitled to immediate possession, and an agreement or option for the acquisition by such a tenant of a further term to commence at the expiration of such a tenancy, of which in either case the registered proprietor before he or she became registered as proprietor had notice against which he or she was not protected:
Provided that:
(i) the term for which the tenancy was created does not exceed three years; and
(ii) in the case of such an agreement or option, the additional term for which it provides would not, when added to the original term, exceed three years.
(2) In subsection (1), a reference to an estate or interest in land recorded in a folio of the Register includes a reference to an estate or interest recorded in a registered mortgage, charge or lease that may be directly or indirectly identified from a distinctive reference in that folio.
[there are two exceptions not mentioned in s42: personal rights and other legislation]
[s42 is the central provision of the NSW Torrens system - other provisions elaborate upon it e.g. -
• s36(9) - 2 registered dealings have priority in order of registration
• s41(1) - a dealing is not effective at law until registered
... [but sometimes a dealing is not required e.g. lease up to 3 years]
• s43 - knowledge of an estate or interest is not fraud (which helps after registration)
• s43A - for the purposes of the general law priority rules, a person who takes a registrable dealing takes a legal estate or interest (which helps before registration)
• s105 - writ of execution does not create an interest in land, even if recorded
• s105A - once writ recorded, later dealing is subject to it]

"With the Real Property Act 1900 Protective Provisions, and Torrens Title had come the final guillotining of any ... vestiges of Aboriginal rights to land. 's42 (1) Notwithstanding the existence in any other person of any estate or interest which but for this Act might be held to be paramount or to have priority, the registered proprietor for the time being of any estate or interest in land recorded in a folio of the Register shall, except in case of fraud, hold the same, subject to such other estates and interests and such entries, if any, as are recorded in that folio ..." [2]

A question about the numbers of blankets distributed to Aborigines in 1899-1900.

Dr. ROSS asked tho Colonial Secretary,—(1.) The number of pairs of blankets distributed to the poor and for charitable purposes in each of the Sydney and suburban electorates respectively? (2) The same information with regard to the number of pairs of blankets distributed in country electorates respectively?

Sir WILLIAM LYNE answered,— This information will be prepared for the years 1899 and 1900, and laid upon the table of the House as early as possible.

Topic: the Breelong murderers; a Proceedings on a reward for apprehension of the murderers: ("Does the Hon. member want the blacks to be hanged?") The Legislative Assembly Proceedings the usefulness of Black-Trackers and the cost of testing their tracking capabilities.

more on the Breelong murders; a very large force and numerous trackers will be sent to hunt them down, and the use of army and cordon is proposed. 31 July, 1900; the Breelong murderers and the swearing in of special constables "Governors seen at 10 o'clock this morning." About the Police in pursuit of the Breelong Murderers, will they get extra pay or allowances?

Legislative Assembly again debates the topic of the Breelong murderers, and increasing the amount of reward for capture, "will not the Government consider the advisability of immediately declaring these men outlaws" 14 Aug 1900; Legislative Assembly hears about the arrest and gaoling of blacks at Mudgee "against whom no charge whatever has been laid".

The Police and the Aboriginal murderers (100 police, costs; and Queensland trackers).

Topic: Breelong blacks. A Telegram from "a reputable citizen" is read out to the Assembly: "Governor brothers offer capture of all police if Government offer sufficient reward ..I ask .. (if) it is proposed to withdraw police from the pursuit..?"

Apprehension of some Aboriginals, and a question about the arrest without charge of Wollar Aboriginals at Mudgee Gaol .. answer: "instructions from the Inspector-General of Police"

more about the Breelong murderers, and a question about a proposed increase in reward for their apprehension, and an offer of a substantial award for capture "dead or alive".

Breelong murderers still at large; question about increasing the reward, and a question about the issue of arms and ammunition to settlers.

More about Aborigines: an MP asks a question about the Blacks Camp at La Perouse and the Aborigines Board intention to move the Aboriginals from La Perouse to some out-of-the way place in the interior; "and will the Honourable member take steps to prevent these people from being removed from the spot they have lived all their lives, and on which their ancestors lived before them?" Government answer: "the continuance of the camp at La Perouse is a danger to the poor unfortunate blacks, especially the women, and is a danger also to the morality of the community". [3]

"A considerable number of applications have been received from members of the police force to be allowed to proceed in pursuit of the Aboriginal murderers .... In addition to the ordinary police arms – rifles, carbines, and revolvers – the Government has authorised the purchase of shot guns and Winchester rifles ... increase the reward of 1,000.00 pounds each for the capture, dead or alive ..."

"There are nearly 150 police and volunteers engaged in searching for these criminals ..."

" ... is it a fact that one of the notorious Breelong blacks, Jimmy Governor, has been shot, and whether his brother has surrendered?"

Referring to the arrest of the outlaw, Jimmy Governor, "will the Government take into consideration the claims of the persons who effected the capture of this outlaw?"

The subject of Joe Governor – Question. "It has been stated in the press that a portion of Joe Governor's head and his brain have been sent to a professor at the University. I want to know if it is intended that the remains of all criminals shall be treated in the same fashion, or whether this course has been taken ... to discover if there is any particular kink in the brain of the aboriginal. Otherwise, is not what has been done a piece of barbarous brutality almost equal to that perpetrated by the Governors themselves?" Government answer: "I am not aware officially ... but a reporter told me yesterday that he had been at the University, and had seen there part of the skull and brain of Joe Governor. I do not know for what purpose those parts of his remains have been sent to the University."

Question: Joe Governor's head. Government reply. " .. I have received the following information in the shape of a telegram from Singleton ... Dr Bowman, Government Medical Officer, informs Senior sergeant Moylan .. as follows: 'In answer to your enquiry re head of Joe Governor, I beg to state that the same was left by me on the body ... The brain was taken out ... and forwarded with portion of bone to Professor Wilson, University of Sydney, in order to study the convolutions of the brain of an aboriginal murderer ...'"

Question: "Were six aboriginal children refused admission to the public school, at Collarenebri?... Government answer: "... Wherever the parents have objected to the admission of aboriginal children they have been excluded".

Question, Brain of Joe Governor: "I desire to ask the Premier .. if he will obtain from Professor Wilson a full report upon the important question in regard to the examination of the .. brain of Joe Governor .." Government answer: "I have no objection to asking Professor Wilson to give me what information he can on the subject. I think it would be most interesting and probably, very useful."

By August 1900 the six colonies were engaged to federate .... the Commonwealth of Australia Constitution Act is a bulky statute ... Subsection 6 of clause 51 gives powers to make laws dealing with any people, not aborigines ... the Constitution is an effort to reconcile ... the personal equality which is the basis of democracy, with the political equality of six federating states.” [5]

Comprising the Period From 28 July to 4 September, 1901 Legislative Council and Legislative Assembly [8]

Vagrant children: Question by Mr Fitzpatrick to the Colonial Secretary "Will he draw the attention of the Inspector-General of Police to the circumstances of large numbers of children of both sexes still being permitted to beg in the streets ..." Answer: "The subject will engage the special attention of the police ... and ... enforce the provisions of the Childrens' Protection Act and other laws."

Breelong Murders: Question by Mr Richards to the Colonial Secretary "What was the total cost to the country in connection with the Breelong murders?" Mr See answered "... 6,371.0 pounds."

Late Jimmy Governor: Mr Fitzpatrick asked the Colonial Secretary "What amount was determined upon as an allowance to Robert Wood for expenses &c, in connection with his efforts to capture Jimmy Governor ..." Answer: "56 pounds. 41 pounds has been paid."

“On 13^th September 1900, Sir William Lyne moved and carried in the Legislative Assembly a resolution empowering him to bring in an Old Age Pensions Bill ... it came into operation on the 1^st of July 1901. The principle of the law is stated... in the preamble in these words:-‘ It is equitable that deserving persons who during the prime of life have helped to bear the public burden of the colony by the payment of taxes and by opening up resources with their labour and skill, should receive from the colony pensions in their old age’ ... aboriginal natives are classed with Chinese and Asiatics and excluded altogether.” [6]

An Act to consolidate the Acts for the prevention of Vagrancy [4^th October,1901]

An Act to consolidate the Acts for the prevention of vagrancy [4^th October 1901] 1901 The Statutes of New South Wales Public and Private, Act No. 13 of 1901; repealed 1851 Act, reenacted vagrancy provisions. 3. "'Aboriginal' means an aboriginal native of New South Wales ... 4 (1) (b) Whosoever - not being an aboriginal or the child of an Aboriginal lodges or wanders in company with any aboriginal and does not on being required by a justice give to his satisfaction a good account that he has a lawful fixed place of residence in New South Wales and lawful means of support and that he so lodged or wandered for some temporary and lawful occasion only and did not continue to do beyond such occasion .."

An Act to vest the management and control of that portion of New South Wales known as the western division in a board, to be called the Western Land Board; to grant extension of leases in the said division and tenant-right in certain improvements; and for all purposes necessary and incidental thereto [Initiated in the Assembly by Mr Crick, 27 November, 1901. Assented to, 27 December, 1901

"(i.) Constitution of Australia's Population. Referring primarily to the numerical relation between the aboriginal and the immigrant races, including under the latter head not only those born in other countries, but also their descendants born in Australia, it may be said that the former was never at any time large. With^{the continued advance of settlement it has shrunk to such an extent that in the
more densely populated States aboriginals are, in point of numbers, practically
negligible. Thus, at the Census of 1901 the number of full-blooded aboriginals
and nomadic half-castes living with those of full blood remaining in New South
Wales was stated to be 4287, while in Victoria the total was only -271, and in
Tasmania the last aboriginal native died in 1876.}

In Queensland. South Australia, and Western Australia, on the other hand, there are considerable numbers of natives still in the "savage" state, numerical information concerning whom is of a most unreliable nature, and can be regarded as little more than the result of mere guessing. Ethnologically interesting as is this remarkable and rapidly disappearing race, practically all that has been done to increase our knowledge of them, their laws, habits, customs, and language, has been the result of more or less spasmodic and intermittent effort on the part of enthusiasts either in private life or the public service. Strange to say, an enumeration of them has never been seriously undertaken in connection with any State Census, though a record of the numbers who were in the employ of whites, or living in contiguity to the settlements of whites, has usually been made. As stated above, various guesses at the number of aboriginal natives at present in Australia have been made, and the general opinion appears to be that 150,000 may be taken as a rough approximation to the total. It is proposed to make an attempt to enumerate the aboriginal population of Australia in connection with the first Commonwealth Census to be taken in 1911.

The number of aboriginal natives enumerated in the several States of the Commonwealth at the Census of 1901 was as follows; -

In the Commonwealth Constitution Act provision is made for aboriginal natives to be excluded for all purposes for which statistics of population are made use of under the Act. but the opinion has been given by the Commonwealth Attorney-General that, "in reckoning the population of the Commonwealth, half-castes are not aboriginal natives within the meaning of section 127 of the Commonwealth of Australia Constitution Act, and should therefore be included." It may be added, however, that "half-castes," living in the nomadic state, are practically undistinguishable from aborigines, and up to the present it has not always been found practicable to make the distinction, and no authoritative definition of "half-caste" has yet been given.

" ... So the men who believed that the unity of labour was the hope of a world united with the apostles of Christian civilization to preserve Australia for the white man. The method was simple. In addition both Commonwealth and State legislation discriminated against ... Aborigines. By Section 16 of the Commonwealth Posts and Telegraph Act of 1901 no contract or arrangement for the carriage of mails was to be entered into on behalf of the Commonwealth unless it contained a condition that only white labour was employed in such carriage. Under Section 4 of the Commonwealth Franchise Act of 1901 no aboriginal native of Australia .... was entitled to have his name placed on the electoral roll unless so entitled by Section 41 of the Constitution which conferred the Commonwealth franchise on all entitled to be enrolled in their State ... The Constitution of the Australian Workers Union excluded ... Aborigines, and half-castes from membership. So by ... discrimination the aim of Australia for the white men was to be achieved." [7]

Parliamentary Votes and Proceedings; Animals Indigenous to the State

Mr. J. C. L. FITZPATRICK asked the Secretary for Mines and Agriculture, -—(1.) In view of the wholesale and ruthless destruction of marsupials and other animals indigenous to this country at present being carried on, will he introduce legislation of a character calculated to protect such animals during certain seasons ] (2.) What was the value of kangaroo, wallaby, and opossum skins put upon the market last year 1

Mr. KIDD answered,—I am not prepared to answer the first question. I will give it consideration. The information asked for by the second question will be laid upon the table of this House in the form of a return to-morrow. [9]

New South Wales Parliamentary Proceedings (Second Series) Session 1902 (Second Session of the Nineteenth Parliament). 2 Edward VII Vol V, Legislative Council and Legislative Assembly (1903)

Mr. NORTON: "I desire to ask the Colonial Secretary, if he will be good enough to enquire why the kind of meat which I produce is handed out to the aboriginals at the Brungle Station; and whether it is bull, cow, emu or horse meat. I ask the hon. gentleman to have enquiries made into the matter?" Mr See: "I will have inquiries made in the morning."

An Act to consolidate the acts for the prevention of vagrancy. [Initiated in the Council by the Hon. B. R. Wise, Assented to, 11 September, 1902.]

An Act to consolidate the enactments relating to water rights. [Initiated in the Council by the Hon. B. R. Wise, Assented to, 26 August, 1902.]

Mr NORTON, (Northumberland) [9.50 pm] " ... I do not wish to delay the House, but still I desire to again make an appeal on behalf of those wretched, maltreated aboriginals on Brungle Station, to whom I called attention to yesterday... in order that the deplorable condition in which these aborigines are, may be remedied. The Premier, himself, is now present, and I ask him to take note of this matter. The aborigines on Brungle Station are being grossly mistreated and badly fed .... the necessity ... for taking prompt steps to bring about a change . I am quite satisfied, from other information I have received, that not only on Brungle Station, but on the majority of other aboriginal stations, the natives are being badly treated. The way in which the administration of the Aborigines Protection Board has been allowed to degenerate is something scandalous. The aborigines are subjected to harsh treatment, and by way of punishment for some supposed or actual trivial offence their rations are taken from them. I say this question has become a positive scandal." Mr JCL Fitzpatrick: "The local authorities are responsible!" Mr Norton: "The Aborigines Protection Board should see that the local authorities discharge their duty ... I hope that ... (the Premier) will give an assurance that he will take steps to have this matter remedied." Sir John See (Grafton) Colonial Secretary "I have already put myself in communication with the Inspector-General of Police, who is the head of the Aborigines Protection Board. No doubt the stuff which was submitted for our inspection was bad, and if it ate as badly as it looked it was certainly not fit to eat. I am quite sure that in the minds of hon. members there is a large consideration for these aborigines. I have been connected with this board for a number of years, though I have not been able to attend its meetings lately, owing to the pressure of other business; but, so far as I was able to judge, every consideration that could possibly be given was extended to these people by the members of the board. We must not forget that there is a little difficulty in satisfying these aborigines in the matter of food. At the same time, we are under an obligation, having taken from these unfortunate people their possessions, and not having given them the consideration they deserved in earlier days, to make the remnant of this declining race as comfortable as possible. I assure the hon. member that I will give this matter my consideration again tomorrow, in order to see what remedy can be applied." House adjourned at 9.55 pm. [11]

Mr DONALDSON: (Tumut) "On a question of privilege, I desire to say that the hon. member for Northumberland the other night saw fit to make a dramatic display in this House in regard to some alleged inferior meat which was distributed in a certain electorate ..." (Adjournment) - The Treatment of Aborigines: Mr Donaldson (Tumut) [2.48 am] "Last Wednesday night the hon. member for Northumberland produced a piece of meat or something else alleged to have been sent to him from my electorate ... it suited him (Mr Norton) ... to speak in a detrimental manner of the management of the aboriginal station at Brungle ... .... he fairly revels in handling anything putrid, disgusting and repulsive ... this self-constituted scavenger ... the hon. member made most gross assertions, which had not a shadow of truth in them ... (the aborigines) have every opportunity to come to me and complain of anything being badly served in the camp, but not one of them has ever made a complaint The rascal who sent the letter is a man named Clifford, who spends most of his time in gaol ... There is not a word of truth in the charge which the hon. member made ... I have opportunities of knowing how those blacks are treated, and I say they are well treated. Those aboriginals, who are all more or less half-caste, who signed the letter, knew nothing about what they were signing. The man Clifford is a notorious gambler. He is a man who was turned out of the camp because of his turbulent spirit, always playing "two-up" all the day, and touting for his gin. The hon. member chose, without consulting me, to make this grand parade of the matter, and I resent it." Mr Norton "... I have received repeated communications from those blacks and from other camps, and the hon. member will have an opportunity next week of participating in a Proceedings with regard to the maladministration of the Aborigines Board ... I did not misrepresent the case ... I said i believe that the blacks ... are being illtreated." An Hon. Member: "They are piebalds!" Mr Norton: " Whether they are piebalds or not, I am not responsible for the cross. But I say it is my duty and privilege, not only as a journalist, but also as a member of Parliament, to bring matters of this sort before the House and the Government ... I published an account of it in the press, and I gave the names of those who had communicated with me-some four or half-dozen. If it is to be said that because the hon. member for Tumut says that they are bad characters who play "two-up" and tout for their gins, they are not to have the rations given by the Government, that is a new doctrine to which I am not ready to subscribe. That is the whole of my offence ... Now I can only express the hope I have made to the Prime Minister will have the effect of giving fresh meat to these people." Mr Scobie (Wentworth) As a member of the Aborigines Protection Board of Sydney, I have found that it is composed of most humane men. All representations going to the Board receive the utmost consideration; in fact, it cost the board between 1,000.00 and 1,000.00 pounds a year to supply the aborigines throughout New South Wales with fresh meat. In no case are rations refused, except in the case of such a man as that referred to by the hon. member for Tumut. I have heard the man described at the Aborigines Protection Board as an incorrigible villain ... all the subsidiary boards which look after the Aboriginal residents have the power to purchase ration sheep ... in the western division formerly the blacks did not receive any rations, but since I have become a member of the board I am pleased to say that all the aborigines are now receiving weekly rations of meat from the local butcher's shops, and the board is paying just as much for that meat as the local residents pay .... the one idea is, if possible, to supply every little thing that is required. In fact I was surprised ... to see the manner in which the aborigines are looked after ... (I) formerly thought they were neglected, but I find that they are looked after in a vastly superior way to that in which the whites are. Every want they have is supplied ... glass for their windows ... new roofing or anything that is considered necessary by the local boards, they have only to write to the central board and it is supplied for them. I have the assurance of the Premier that, as to anything required to increase the comfort of well-being of the aborigines, he will at all times be most happy to do the best he can for the central board in Sydney." Mr Millard (Moruya) [3.4 am] There are a number of blacks in my electorate, and I should like to ask the hon. member for Wentworth if, in his experience, he finds the funds at the disposal of the board adequate to meet all the reasonable requirements of these unfortunate people. I have a practical object in asking these questions, because I am inclined to think, from my experience, that the funds are not adequate. I have nothing against the board, but I consider the funds are not adequate to meet the requirements of the people." Question (Adjournment) resolved in the affirmative. House adjourned at 3.5 am.

not justify the terrible castigation to which he has subjected me to-night. I may not be popular with the hon. member; but I have never sought to make myself offensive to him. I have not gone out of my way to do anything that I thought would hurt his feelings or infringe on the discharge of his duties to his constituents. But, with regard to this matter, I ask hon. members whether I ever seek the protection of the privileges of the House to expose public grievances? I expose them in the press without any protection, and take the consequences. I challenge any hon. member to say that I have ever come here in a cowardly manner, and made charges against people, which I have not first made in the columns of the press, abiding by the consequences. With regard to this particular matter, I did not come to the House first to ventilate it. I published an account of it in the press, and I gave the names of those who had communicated with me — some four or half-dozen. If it is to be said that because the hon. member for Tumut says that they are bad characters who play two up, and tout for their gins, they are not to have the rations given by the Government, that is a new doctrine to which I am not ready to subscribe. That is the whole of my offence. I am sorry that the hon. member has looked at the matter in the light in which he has looked at it. I can assure the hon. member that I did not know at the time where Brungle was. As a matter of fact I thought it was in the Tumut electorate, nit had I known where it was, and it had occurred to me, I would have consulted the hon, member. Now I can only express he hope that the representations I have made to the Prime Minister will have the effect of giving fresh meat to these people.

Mr. SCOBIE (Wentworth) [3-2 a.m.]: As a member of the Aborigines Protection Board of Sydney, I have found that it is composed of a number of most humane men. All representations made to the board receive the utmost consideration ; in fact, it cost the board between .£1,000 and £1,800 last year to supply the aborigines throughout New South Wales with fresh meat. In no case are rations refused; except in the case if such a man as that referred to by the ion. member for Tumut. I have heard that man described at the Aborigines Protection Board as an incorrigible villain. I think the hon. member for Northumberland cannot have made proper inquiries into this matter before ventilating it. All the subsidiary boards which look after the aboriginal residents have the power to purchase ration sheep. In fact they buy them by the hundred on some of the larger stations for killing. In the western division formerly the blacks did not receive any rations, but since I have become a member of the board I am pleased to say that all the aborigines are now receiving weekly rations of meat from the local butchers' shops, and the board is paying just as much for that meat as the local residents pay. As the result of my experience as a member of that board, since the Premier did me the honour to appoint me to a seat upon it six or eight months age, I have found that the whole business of the Aborigines Board is conducted on the most humane lines. The one idea is, if possible, to supply every little thing that is required. In fact, I was surprised, and I am still surprised, to see the manner in which the aborigines are looked after. Formerly I was much of the same opinion as the hon. member for Northumberland, and thought that they were neglected, but I find that they are looked after in a vastly superior way to that in which the whites are. Every want they have is supplied. If they want glass for their windows, or new roofing, or anything that is considered necessary by the local boards, they have only to write to the central board and it is supplied to them. I have the assurance of the Premier that, as to anything required to increase the comfort or well-being of the aborigines, he will at all times be most happy to do the best he can for the central board in Sydney.

Mr. MILLARD (Moruya) [3-4 a.m.]: There are a number of blacks in my electorate, and I should like to ask the hon. member for Wentworth if, in his experience, he finds the funds at the disposal of the board adequate to meet all the reasonable requirements of these unfortunate people. I have a practical object in asking this question, because I am inclined to think, from my experience, that the funds are not adequate. I have nothing against the board, but I consider the funds are not adequate to meet the requirements of the people."

Question resolved in the affirmative. House adjourned at 3.5 a.m. (Legislative Assembly Hansard, Page 964)

Mr JCL Fitzpatrick asked the Secretary for Mines and Agriculture-"(1) in view of the wholesale and ruthless destruction of marsupials and other animals indigenous to this country at present being carried on. will he introduce legislation of a character calculated to protect such animals during certain seasons? (2) What was the value of kangaroo, wallaby and opossum skins put upon the market last year?"

Mr WF Hurley (for Mr T Fitzpatrick) asked the Colonial Secretary -"In consequence of the rapid disappearance of marsupials, will he consider the advisability of introducing a measure for the protection of the same?" Sir John See answered,-"I think there ought to be a bill introduced to deal with this subject. The hon. member for Ashfield has drawn my attention to the indiscriminate destruction of the opossums, native bears, wallabies and kangaroos. All our native game, birds as well as animals, are fast disappearing because there is no law to protect them during the breeding season ... In view of the importance and value of our birds and animals, I propose at an early date to bring in a measure dealing with this subject. These animals are as valuable as many of our products, [12] and it is the duty of the Government to consider whether we should not have legislation fixing a close season, thereby preserving a valuable asset."

"Mr ARTHUR GRIFFITH: I desire to ask the Secretary for Public Instruction whether he is in a position to tell the House and the country when his scheme for taking vagrant children and waifs off the streets of Sydney, and putting them into an industrial school, is likely to mature.

Mr. PERRY: A bill is being drafted, but it requires revision, and it will have the attention of the Cabinet at the earliest possible moment."

"An Act to consolidate the acts for the prevention of vagrancy". [Repealed by Act 25, 1909] 1901 Act repealed; same vagrancy provisions. [Initiated in the Council by the Hon B Wise 25 June 1902 Assented to, 11 September 1902] [13]

Parliamentary Votes and Proceedings, Medical Attendants on Aborigines.

Mr Affleck asked the Colonial Secretary,-"(1) Is he aware that there are sums in the estimates of expenditure for medical attendants on Aborigines at Grafton, Cummeroogunga, Warangesda, Maclean River, Tumut, Kiama, Singleton, Taree, Wingham, Casino, and Ulladulla? (2) Is he aware that there are aborigines camps at and near Yass, and why are they not provided for? Sir John See answered,-"Yes. (2) No regular medical appointment is necessary, but attendance when requisite is paid for under the medical scale of fees."

Mr Jessep asked the Colonial Secretary,-"(1) How many aboriginals are there in and about the Rylstone village who receive rations from the Government? (2) How many rations are served out to them? (3) How much per annum does it cost to provide for them?" Sir John See answered,-"The Chairman of the Aborigines Protection Board has furnished the following answers:- (1) Two adults and eight children. (2) A full ration of 8lb flour. 2 lb sugar, and ½ pound tea to each adult. and a half ration to each child. (3) 26 pounds.(money)

22. (Fish traps, etc. made illegal.) ... 23.(4) (provisions re underweight and undersize fish) ... The provisions of this section shall not apply to any curator of a museum or zoological collector holding a permit from the board, or any aboriginal taking or being in possession of fish for his own consumption." [Assented to, 29^th December, 1902]

Session 1903 (Third Session of the Nineteenth Parliament). 3 Edward Vll. Legislative Council and Legislative Assembly.

Dr Ross asked the Colonial Treasurer,-"Is it a fact that a regulation has lately been issued by the Railway Commissioners, prohibiting the aboriginal natives at La Perouse from travelling free on the tram lines; if so, for what reason has this regulation been brought into existence?" Mr Waddell answered,-I am informed that such a regulation has been introduced at the request of the Board for the Protection of Aborigines."

Mr Levy asked the Colonial Secretary,-"(1) Is it a fact that the privilege accorded to the aborigines of travelling free on the metropolitan tramways has recently been withdrawn? (2) If so, why?" Sir John See answered,-"The right of aborigines to travel free on trams was never recognised. It has been restricted lately, however, in consequence of numbers of aborigines coming to La Perouse from country stations, their constant visits to the city leading to disorder and intemperance."

Parliamentary Votes and Proceedings. Protection of Native Birds and Animals.

Mr Broughton asked the Colonial Secretary,-"Is it the intention of the Government to proceed with the draft bill for the protection of native birds and animals presented by the Animals Protection Society on the 25^th of November, 1902?" Sir John See answered,-"A bill now in course of preparation."

Parliamentary Votes and Proceedings, Aboriginal Station: Greenwell Point.

Mr Morton asked the Minister of Public Instruction,- "(1) Is he aware that a building has been erected at Roseby Park, Greenwell Point, by the Aborigines Board, for school purposes? (2) Has he any intention of appointing a teacher to the station?" Mr Perry answered,-"(1) Yes. It has been reported that the building is ready. (2) Yes. I have directed that a teacher be appointed."

Mr T Fitzpatrick: Some twelve months ago, I asked the Prime Minister if he would bring in a short bill to protect the native fauna of New South Wales, and I wish to know if he will do so; otherwise we shall soon have no kangaroos, emus or opossums left?" Mr Crick: "The matter will receive attention."

Mr. ARCHIBALD CAMPBELL asked the COLONIAL SECRETARY, - (1) how many blankets were issued to aborigines at Wollongong, Kiama, and Ulladulla respectively, during the years 1901, 1902, and 1903? (2) Do such recipients of blankets annually fairly represent the numbers of aborigines residing mainly within the centres mentioned? (3) Of the numbers, in each year and place referred to, how many were full-bloods and half-castes?

Mr JC Fitzpatrick: "I desire to ask the Prime Minister whether he has done anything in connection with alleged misuse of Government blankets, which I brought under his notice by letter last week?" Sir John See: I have taken steps to ascertain the facts, and will get this information for the hon. member.

The Hon. HC Dangar " ... Seriously he was surprised to any member of the kangaroo tribe included in the schedule. The sooner they were all exterminated the better it would be. They were hideous, useless brutes. We had passed measures offering the pastoralists a premium for the destruction of these pests, and here we were passing a bill to protect them ... He thought that the bill would put pastoralists in a fix. Pastoralists were already levied upon to pay for the cost of getting rid of vermin, and now we were proposing to protect some of the animals we had been paying people to destroy ... he remembered when kangaroo scalps were paid for. He thought kangaroos ought not be protected."

"The Hon. S. CHARLES said that he could not understand why wombats should be protected, as the skin of these animals was not valuable. They were dangerous animals, as they burrowed in the ground, and people riding after stock ran the risk of getting their necks broken in consequence of their horses stumbling in the holes made by these animals ... The animal was neither useful nor ornamental. He would therefore move that ... wombats be omitted from the schedule.

The Hon. H.C. DANGAR said that ... he would like to move that the native bear be excluded from the protection of the bill.

[1] Real Property Act 1900

[2] Stavrou, Kathy; Messages to a Friend, Episode 18, "What happened in NSW Parliament in 1900" (Nimbin News Magazine, April-May 2003, pages 22-23)

[3] State Records of NSW Archives in Brief 42- Aborigines Welfare Board, 1883-1969 "as the main NSW State Government agency responsible for implementing and administering the legislation and policies affecting Aboriginal people throughout the State." http://www.records.nsw.au/publications/aibs/aib43-aibphotos.htm

(re Reserves, La Perouse etc) State Records of NSW Concise Guide to the State Archives (A-B): Aborigines Welfare Board (Financial Records, Records relating to Aborigines, and Aboriginal Reserves and Stations): records 1887-1961. http://www.records.nsw.gov.au/cguide/ab/aborwe12.htm

(re La Perouse, links etc) Aborigines Pathfinder http:www.acu.edu.au/library/mtstmary/subaborigines.htm

Also see: (re La Perouse and the Missionary Movement) Randwick City Library and Information Service, Randwick a Social History The Aboriginal People http://www.randwick.nsw.gov.au/Library/localhistory/sochist6.htm

Also see: (re history of La Perouse Aboriginal community) Elder stateswoman left to live in a hazard by Debra Jopson 2/12/02 http://www.smh.com.au/handheld/articles/2002/12/01/1038712831312.htm

See also (La Perouse) Aboriginal Groups in the Sydney Area Barani Indigenous History of Sydney City

http://www.cityofsydney.nsw.gov.au/barani/themes/print/theme1_p.htm

[5] Reeves Pember W: Federation in State Experiments in Australia & New Zealand Vol !, Macmillan of Australia, 1969, (first published 1902), Page 159 onwards

[6] Reeves Pember W: Federation in State Experiments in Australia & New Zealand Vol 2, Macmillan of Australia, 1969, (first published 1902), Pages 282-287

[7] See Clark, Manning: A Short History of Australia (Penguin 1986, first edn. 1963) (Page 177) Re: related Acts of the Commonwealth Government:

[8] See New South Wales Parliamentary Proceedingss (Second Series) Session 1901 (First Session of the Nineteenth Parliament) 1 Edward Vll. In Four Volumes (with index)

[9] Report on Parliamentary proceedings June 13^th 1902

[11] No words on the matter by See located

[12] "value"

[13] See An Act to consolidate the acts for the prevention of vagrancy Preliminary and interpretation. 1.This Act may be cited as the "Vagrancy Act, 1902."

Persons, etc.	NSW.	Victoria.	Queensland.	South Australia.	Western Australia.	Tasmania.	Commonwealth.
Males Females	2,451 1,836	163 108	3.089 2,048	14,076 12,357	2,933 2,328	0 0	22,712 18,677
Total ...	4,287*	271	5,137	26.433	5,261	0	41,389
Masculinity (Number of males per hundred females.)	133.5	150.9	150.8	113.9	126.0	—	121.6

	Full-bloods	Half-castes	Total
1901 Wollongong Kiama Ulladulla	2, 3, 4	70, 58, 66	72, 61, 70
1902 Wollongong Kiama Ulladulla	2, 3, 2	69, 43, 38	71, 46, 40
1903 Wollongong Kiama Ulladulla	...., 3, 1	37, 42, 50	37, 45, 31