Glossary
The glossary draws on the NSW syllabus glossaries, the glossaries developed by the Australian Curriculum, Assessment and Reporting Authority, and the Macquarie Dictionary.
Aboriginal Peoples are the first peoples of Australia and are represented by more than 250 language groups, each associated with a particular Country or territory. Torres Strait Islander Peoples are represented by 5 major island groups, and are associated with island territories to the north of Australia’s Cape York which were annexed by Queensland in 1879.
An Aboriginal and/or Torres Strait Islander person is someone who:
- is of Aboriginal and/or Torres Strait Islander descent
- identifies as an Aboriginal person and/or Torres Strait Islander person, and
- is accepted as such by the Aboriginal and/or Torres Strait Islander community(ies) in which they live.
A recognised dialect of English which is the first, or home language, of many Aboriginal people. It differs from other dialects of English, such as Standard Australian English, in systematic ways including sounds, grammar, words and their meanings, and language use. Aboriginal English is a powerful vehicle for the expression of Aboriginal identity. Aboriginal English is not a target language study option for NSW Aboriginal Languages syllabuses.
Texts that describe landscapes and directions of the tracks forged in lands, waters and skies by Creator Spirits during the Dreaming.
The extent to which a system, environment or object may be used irrespective of a user’s capabilities or abilities. For example, the use of assistive technologies (AT) to allow people with disability to use computer systems, or the use of icons in place of words to allow young children to use a system.
Latin for ’the guilty act’. One of the 2 elements of a crime.
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The temporary formation of a body or board of inquiry to investigate and rule on a particular event or fulfil a particular purpose.
System of trial used in Australia where representatives act for opposing parties before an independent arbitrator who ensures the strict rules of evidence and procedure are maintained in the court.
Any business practice that limits or prevents competition.
A device or system whose primary purpose is to maintain or improve an individual's functioning and independence to facilitate participation and enhance overall wellbeing. This includes technologies specifically designed to meet an individual's needs, eg eye gaze technology, as well as more general technologies that can be used by anyone, eg speech-to-text applications. Assistive technology can also be referred to as inclusive technology.
An umbrella term that encompasses the communication methods used to supplement or replace speech or writing. AAC can be unaided, such as gestures, body language and sign language, or aided such as pictures, symbols, objects or speech generating devices.
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The responsibility of proving the case against the accused in a criminal matter or the defendant in a civil matter.
The link between a person accused of a crime and the end result. The actions that led to the crime.
A body of law relating to disputes between individuals such as negligence, defamation or contract law.
A system of security where nation-states agree to commit to a united response against any threat or breach of peace.
The ways people communicate and the communicative behaviours they use. Communication forms can be non-symbolic and/or symbolic. Non-symbolic forms include sounds, gestures, facial expressions and eye movements. Symbolic forms can be aided or non-aided. Aided forms of symbolic communication include objects, symbols, photographs and drawings. Aided forms can be digital. Non-aided forms of symbolic communication include formal gestures; speech; and signs, such as Key Word Sign.
Following the rules and laws in society.
An agreement between 2 or more individuals or organisations that is enforceable by law.
The protection provided to the creators of original works and makers of sound recordings and films, that offers a legal framework for the control and reproduction or transmission of their literary, dramatic, artistic or musical works.
Country is used to describe a specific area of a nation or clan including physical, linguistic and spiritual features. Aboriginal communities’ cultural associations with their Country may include or relate to languages, cultural practices, knowledge, songs, stories, art, paths, landforms, flora, fauna and minerals. These cultural associations may include custodial relationships with particular landscapes such as land, sea, sky, rivers as well as the intangible places associated with the Dreaming(s). Custodial relationships are extremely important in determining who may have the capacity to authentically speak for their Country.
Place is a space mapped out by physical or intangible boundaries that individuals or groups of Torres Strait Islander Peoples occupy and regard as their own. It is a space with varying degrees of spirituality.
An act or omission that is harmful to society, violates the law and is punishable by the state.
The customs, habits, beliefs/spirituality, social organisation and ways of life that characterise different groups and communities. Cultural characteristics give a group or individual a sense of who they are and help them make sense of the world in which they live. Culture is a shared system but inherently diverse – there can be individual and group differences within cultures. Everyone has culture – it is a lens through which we see the world.
A penalty ordered by the court where an offender is confined to a prison or other correctional facility for a set period of time.
In Aboriginal communities, an individual charged with maintaining and passing on particular elements of cultural significance, eg language, stories, songs, rituals and imagery.
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The learning and transmission of Cultural heritage by observing Customs, ceremonies and songs. Customary Lore is connected to the Dreaming and provides protocols and Practices for how people interact with Country, Kinship and Community.
The term ‘Customary’ must be used with care. Some individuals and groups could find this term offensive, and may prefer to use Aboriginal Language terms or ‘law’. The term ‘folklore’ is not appropriate.
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When referring to deaf people who belong to a linguistic and cultural minority known as the Deaf community, the 'D' may be capitalised in reference to the individual, the group, or the culture in order to accord respect and deference, for example, the Deaf community. When referring simply to audiological status or when cultural affiliation is not known, as in the case of a person with a hearing loss in general, the lowercase 'd', as in 'deaf' is the more common usage.
Two people living together in a genuine domestic relationship but who are not legally married.
A cultural identity for people with hearing loss who share a common culture and who usually have a shared sign language.
Laws created by bodies other than parliament who derive their authority from an Act of parliament.
The actions of maintaining relationships through discussions, negotiation and mediation between nations, groups or individuals to promote peace and prevent conflict.
An umbrella term for any or all of the following components:
- impairments: challenges in body function or structure
- activity limitations: difficulties in executing activities
- participation restrictions: challenges an individual may experience in involvement in life situations. (World Health Organization)
The power of a judge or police officer to act or make a decision based on personal experience or judgement.
The forced movement of people from their homes either within a country’s borders or across borders due to armed conflict, violence or insecurity.
A process of moving an individual away from offending towards rehabilitation, to address the underlying causes of their behaviour and to avoid going to court.
Differences that exist within a group, for example, age, sex, gender, gender expression, sexuality, ethnicity, ability/disability, body shape and composition, culture, religion/spirituality, learning differences, socioeconomic background, values and experiences.
The Dreaming has different meanings for different Aboriginal groups. The Dreaming can be seen as the embodiment of Aboriginal creation which gives meaning to everything; the essence of Aboriginal beliefs about creation and spiritual and physical existence. It establishes the rules governing relationships between the people, the land and all things for Aboriginal Peoples. The Dreaming is linked to the past, the present and the future. Where appropriate, refer to Aboriginal names for the Dreaming.
The custodians of knowledge and lore. They are chosen and accepted by their own communities as people who have the permission to disclose cultural knowledge and beliefs. Recognised Elders are highly respected people within Aboriginal communities. Proper consultation with local Aboriginal communities will often direct schools to recognised Elders.
The rights and benefits that employees are legally permitted to under law.
To be equal, having the same rights or standing in society.
The information elicited and interpreted from a source that is used to support arguments or inform a specific inquiry.
The increasing ability for children and young people to make reasoned decisions for themselves as they grow and develop.
The act of using or treating someone unfairly for profit or gain.
The impartial and just treatment of individuals.
The first language(s) that a person learns to speak.
Universal freedoms and protections that belong to all individuals and groups by virtue of being human.
A serious criminal charge heard before a judge and jury.
An internationally recognised term for the first peoples of a land. In NSW the term Aboriginal person/Peoples is preferred.
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Includes, but is not limited to, objects, sites, cultural knowledge, cultural expression and the arts, that have been transmitted or continue to be transmitted through generations as belonging to a particular Indigenous group or Indigenous people as a whole or their territory.
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Non-material assets such as forms of cultural expression that belong to a particular individual or community. Intellectual property rights refer to the rights that the law grants to individuals for the protection of creative, intellectual, scientific and industrial activity, such as inventions.
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An international body established by treaty or agreement amongst nations to address common interests and goals.
When relationships exist between 2 or more countries with the prospect to cooperate through diplomacy, foreign policy and international law.
An action made by a judge or court.
The area or matter in which a court or parliament has authority.
A strategy to redirect funding from prisons towards community-based programs to address the underlying causes of crime.
A communication strategy that incorporates signing with speech. It is used to support language development for people with communication difficulties. Although Key Word Sign uses a simplified form of manual signing, it is different to Auslan, as it is not a signed language.
A key aspect of Aboriginal cultures and values. It includes the importance of all relationships and of being related to and belonging to the land.
The evolving struggle of Aboriginal Peoples, Torres Strait Islander Peoples, and international Indigenous Peoples for the absolute legal and moral acknowledgement of prior ownership of their land and recognition of all accompanying rights and obligations which flow from this association. ‘Land Rights’ (capitalised) refers to the legislation.
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An Aboriginal community identified with a common language, both verbal and nonverbal, and with a particular territory. Used in preference to the term ‘tribe’.
The process and range of strategies for increasing knowledge and use of a language that is no longer spoken fluently across all generations in the context of language loss or language dispossession caused by colonisation. Aboriginal Languages and Torres Strait Islander Languages are being revived through community initiatives, linguistic research and school programs. ‘Language revival’ may be used as an overarching term that could also include ‘reclamation’, ‘revitalisation’, ‘renewal’ and ‘reawakening’.
Any act or process in law designed to regulate behaviour, prohibit actions or establish obligations.
Laws made by parliament.
A local Aboriginal community is constituted by those people who are Aboriginal and who reside in the near locality. Aboriginal communities will have a rich and diverse history that has been seriously affected by dispossession and relations, which sees families with spiritual connection to Country residing beside those who have been forced to move from other locations. The notion of locality is complex and multilayered: schools should seek advice from a range of people and/or organisations representing local interests.
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One of the elements of civil law. The harm, injury or damages suffered by the plaintiff due to someone’s actions, which can include physical injury, property damage or financial loss.
Latin for ‘the guilty mind’. One of the 2 elements of a crime.
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A country with defined borders, a recognised government and common nationality.
Native Title in Australia recognises Aboriginal and Torres Strait Islander Peoples’ rights to land and waters based on traditional laws and customs.
Failure to follow the rules or act within the law.
A course of action used to address a situation without using the law.
An organisation or entity that has influence in the global sphere but is independent and not affiliated with any nation-state or government.
A duty or responsibility that is binding on individuals, businesses or nation-states, and enforceable by law.
Taking place away from Aboriginal land or Country of origin.
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Taking place on Aboriginal land or Country of origin.
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Each Aboriginal Language is recognised as belonging to a particular geographical area and thus to the people who can claim a connection to that area. Aboriginal community members acquire ownership of their language(s) at birth. Language proficiency is not essential for ownership.
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Assistance provided over the long term to countries impacted by conflict that addresses its root cause and which develops ways to prevent violence in the future.
Actions undertaken by armed forces with the consent of all parties, to restore peace and security in areas impacted by conflict.
Steps taken before a trial to determine if the case is ready. This could include charges to be put forward, the entering of a plea or the disclosure of evidence.
A legal decision made in a higher court that may be followed by that court or a lower court in a case with similar facts.
The steps taken by a decision-maker to ensure a fair and impartial process.
The appropriate ways of behaving, communicating and showing respect for diversity of history and culture. This involves appreciation of the knowledge, standing and status of people within the local Aboriginal community and the school community. Protocols inevitably vary between communities, and between people within a community. In establishing a partnership between schools and Aboriginal communities, it is especially important that protocols are acknowledged and respected.
Repeat offending by an individual convicted and punished for a crime.
The formal acceptance of a claim, authority, achievement or fact as valid and existing.
A national vote to propose a change to the Constitution.
Changes made to the legal system to address outdated laws or reflect changing social values.
The control of actions or processes in a certain area, usually maintained by an authority.
A term used commonly in NSW Aboriginal communities to refer to the way an individual treats others. Showing respect occurs in many ways, such as waiting to speak, listening and demonstrating understanding, not asking too many direct questions, ensuring that people are not made to feel uncomfortable or uneasy, and generally showing regard for others’ ideas, beliefs and culture.
The principle that all citizens are equal before the law and that no one is above the law.
A measure used in international law to deter behaviour or restore peace and security.
Involves the effective participation of Aboriginal Peoples in all decision-making that affects them.
Hand signs (or hand talk) used to supplement or replace oral language. Signs form part of nonverbal communication for Aboriginal and Torres Strait Islander Peoples and may be used by people who are hearing, or d/Deaf or hard of hearing. Aboriginal and Torres Strait Islander Sign Languages may be used in some areas. Some Sign Languages may be associated with sacred ceremonial practices.
The use of words, graphic designs and/or symbols used to communicate a message, eg information signs, plaques, warning signs, road signs, signs that show direction.
The level of certainty required for a court to find evidence to be a proven fact.
A state’s authority to govern itself and its people without foreign interference.
Actions where the law must only prove the person is responsible for the act, even without the intent to commit a crime.
A minor criminal charge heard in a local court before a magistrate.
A type of assistive technology that enables people with cognitive and/or physical disability to access a range of devices, including computers and communication devices. Switches can be activated by touch, or triggered without contact, such as through eye gaze, sound or blowing.
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A concept in international law meaning ‘a territory belonging to no-one’ or ‘over which no-one claims ownership’.
A body established to settle disputes, review administrative decisions and handle matters in a specialised area.
Yarning circles are an important cultural practice for Aboriginal and Torres Strait Islander Peoples to learn within the collective group. Knowledge and information are shared in harmony and respect with all individuals.