Flora and Fauna Act myth facts for kids
The "Flora and Fauna Act" myth is a belief that many people have heard. It suggests that Indigenous Australians were once legally classified as animals or plants, not humans. This idea claims that a special law called the "Flora and Fauna Act" controlled their lives. It also says that a big change to the Australian Constitution in 1967 finally made them human.
However, this is not true. A fact check by ABC News in 2018 confirmed that Aboriginal people in Australia were never covered by a "Flora and Fauna Act." This applies to both federal and state laws. Law expert Helen Irving says this myth is one of several misunderstandings about the 1967 referendum and the history of Aboriginal rights.
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Why Does This Myth Exist?
The idea of the "Flora and Fauna Act" myth has spread over time. It often comes up when people talk about the history of Indigenous rights in Australia.
Where Did the Myth Come From?
Marcia Langton, an academic and Indigenous rights activist, told the ABC that she first heard the term "Flora and Fauna Act" in the 1970s. She believes it was first used in a metaphorical way. This means it was used to describe how Indigenous people were treated, not as a real law. She said, "We were not classified under the 'flora and fauna act' but we were treated as animals." This shows the deep hurt and unfair treatment Indigenous people faced.
The Western Australian Museum suggests that some real laws might have helped the myth grow. For example, the New South Wales National Parks and Wildlife Act 1974 and similar laws in other states included Aboriginal heritage sites. This meant that places important to Aboriginal culture were managed alongside wildlife areas.
Also, in the past, some government departments handled both Indigenous affairs and wildlife. For instance, Western Australia had a "Department of Aborigines and Fisheries" from 1909 to 1920. The federal government also had a "Department of the Environment, Aborigines and the Arts" from 1971 to 1972. These combined departments might have made people think that Indigenous people were managed like animals or plants.
Notable Times the Myth Was Repeated
The "Flora and Fauna Act" myth has been repeated by well-known people, which has helped it spread.
Statements from Public Figures
In 2003, Linda Burney, who was the first Aboriginal woman elected to the New South Wales Legislative Assembly and later the Australian House of Representatives, mistakenly said this in her first speech. She claimed she had lived her first ten years under the Flora and Fauna Act. Her comments made the myth much more widely known.
In 2018, actress Shareena Clanton also said that her mother was "not considered a human being until the referendum came through from the Flora and Fauna Act in 1967." In July 2020, the Australian Broadcasting Corporation (ABC) interviewed Victor Bartley, a Wiradjuri man. He claimed he received a letter saying he was exempt from national service because he was Indigenous under the "National Flora and Fauna Act." He added, "to this day I still don't know if I'm a kangaroo or a flower."
These examples show how deeply rooted this misunderstanding has become for some people.
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