From 1863 to 1911, the Northern Territory was part of South Australia, subject to the same laws and policies.
1863
Letters Patent annexing the Northern Territory to South Australia
The Letters Patent of 1863 formally annexed the Northern Territory to South Australia. By 1903, nearly all land was leased to non-Indigenous settlers. Due to the scarcity of non-Indigenous women, relationships between Indigenous women and non-Indigenous men became common, resulting in a growing mixed-descent population typically raised within Indigenous communities.
1864
Protector of Aborigines, Northern Territory 1864
The Protector of Aborigines in the Northern Territory, first appointed in 1864 with F.E. Goldsmith as the initial official, was responsible for managing interactions with Aboriginal people. While the Northern Territory was under South Australian control, Protectors reported to the South Australian Government through the Government Resident, reflecting early administrative oversight of Indigenous affairs.
1844
Aboriginal Orphans Ordinance 1844
The Aboriginal Orphans Ordinance 1844 in South Australia allowed the Protector of Aborigines to apprentice orphaned Aboriginal children, and, with parental consent, other Aboriginal children, until age 21. The Protector was appointed legal guardian of “half-caste” and other unprotected Aboriginal children whose parents were deceased or unknown. Many Indigenous boys were apprenticed in trades, while girls were placed in domestic service. However, most children eventually left to rejoin their families, and the law gradually fell into disuse.
1910
Northern Territory Aboriginals Act 1910
The Northern Territory Aboriginals Act 1910 established the Northern Territory Aboriginals Department to oversee the control and welfare of Aboriginal people. Under the Act, the Chief Protector was appointed as the legal guardian of all Aboriginal and “half-caste” children up to 18, with authority over their custody, maintenance, and education. This included the power to transfer children to institutions or reserves and confined “any Aboriginal or half-caste” person to such places. It was the only legislation South Australia passed specifically for Aboriginal people in the Northern Territory.
1911
Northern Territory Aboriginals Ordinance 1911
The Northern Territory Aboriginals Ordinance 1911 granted the Chief Protector extensive powers over Aboriginal and “half-caste” individuals, including authority to assume care, custody, or control if deemed “necessary or desirable” for their “protection.” Though the Commonwealth assumed administration of the Northern Territory in 1911, South Australian laws remained in effect until replaced. These broad powers of control over Indigenous lives continued until 1957.
1918
Aborigines Ordinance 1918
The Aborigines Ordinance 1918 consolidated previous laws, extending the Chief Protector’s control over nearly all aspects of Indigenous lives in the Northern Territory. The Chief Protector remained legal guardian of every Aboriginal child and held total authority over Aboriginal females from birth, including marriage permissions and placement in institutions. Indigenous children could be removed from their families and sent to work without pay. The ordinance restricted Indigenous rights, particularly for women, and limited male guardianship to age 18. It was amended multiple times and repealed by the Welfare Ordinance 1953.
1953
Welfare Ordinance 1953
The Welfare Ordinance 1953 replaced the Aboriginals Ordinance 1918, aiming for assimilation by designating Indigenous people as “wards” without explicit racial language. The Director of Welfare became the legal guardian of all wards, with powers over their property, marriages, and living arrangements. The Ordinance allowed the Director to place children in institutions, relocate wards, and authorize police to remove children from families. Although labeled as welfare, it maintained restrictive control over Indigenous lives and was repealed by the Social Welfare Ordinance 1964.
1958
Child Welfare Ordinance 1958
The Child Welfare Ordinance 1958 clarified that only Aboriginal people could be made wards under the Welfare Ordinance by excluding those with voting rights. Non-Indigenous children fell under this Ordinance, requiring a court finding of neglect or destitution for removal, whereas Indigenous children continued to be removed under broader criteria, reinforcing discriminatory practices in child welfare.
1964
Social Welfare Ordinance 1964
The Social Welfare Ordinance 1964 repealed the 1953 Welfare Ordinance, granting welfare officers power to restrict Aboriginal access to reserves based on their “social or economic need.” This forced many Indigenous people into urban areas with minimal government support, often into substandard living conditions. The Ordinance placed Indigenous children under the same removal laws as non-Indigenous children (the Child Welfare Ordinance 1958), but due to poorer living conditions, Indigenous families remained at high risk of child removal, with limited access to legal protections.
1976
Aboriginal Land Rights Act 1976
The Aboriginal Land Rights (Northern Territory) Act 1976 allowed First Nations peoples to claim land rights where they could prove traditional ownership, marking Australia’s first legislation to restore Indigenous land rights. After nearly 200 years of land dispossession, this Act represented a significant step in recognizing and returning Indigenous lands.
1983
Community Welfare Act 1983
The Community Welfare Act 1983 was the first Australian legislation to incorporate the Aboriginal Child Placement Principle, prioritizing Indigenous family and community placements for Aboriginal children. It marked a shift in the Northern Territory by separating welfare and criminal matters for young people.
1994
Adoption of Children Act 1994
The Adoption of Children Act 1994 incorporated the Aboriginal Child Placement Principle, aligning with the Community Welfare Act 1983. It also recognized traditional Aboriginal marriages in adoption matters, supporting culturally respectful adoption practices.
2007
The Northern Territory Intervention
The Northern Territory Intervention (2007), formally known as the Northern Territory National Emergency Response, was initiated by the Australian government following the Little Children are Sacred report on child sexual abuse in Indigenous communities. It implemented controversial measures such as suspending the Racial Discrimination Act, enforcing compulsory income management, banning alcohol and pornography, and acquiring leases over Aboriginal land. The Intervention faced criticism for its impact on Indigenous rights and autonomy.