Practitioners in adoption proceedings involving children of possible Aboriginal descent should note that it is not necessary to identify an ancestor satisfying the three-limb test (member of Aboriginal race, self-identification, community acceptance); it is sufficient to show descent from people who lived in Australia before British colonisation, and the Court has a discretion under s 4(2) to determine a child is Aboriginal on that basis.
The full text is available to signed-in members, including the 29 later cases that cite this judgment.
4 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.