[Capitalised and underlined heading reads:] DEPARTMENT OF THE INTERIOR.

Agenda No. [Number] 143

Copy No. [Number] 9

[Capitalised and underlined title reads:] FOR CABINET:

AUSTRALIAN ABORIGINES' LEAGUE – PETITION TO HIS MAJESTY THE KING.

The Honorary Secretary of the Australian Aborigines' League, Mr. [Mister] W. [William] Cooper, 43 Mackay Street, Seddon, Victoria, has forwarded to the Prime Minister a petition praying that His Majesty would intervene, through the medium of His Majesty's Government in the Commonwealth of Australia –

• to prevent the extinction of the aboriginal race;
• to secure better conditions for all; and
• to afford aboriginal representation in the Federal Parliament, either by an aboriginal or a white person known to have studied the need of aboriginals and to be in sympathy with them.

2. The petition was signed by 1,814 Australian aboriginals, many of whom affixed their "mark". There is no indication on the petition as to whether the petitioners are full-blooded aboriginals or persons partly of aboriginal blood. According to the names it is reasonable to assume that many of the signatories are not full-blooded.

3. Of the signatories, approximately half are from Queensland (all but 12 from the Palm Island Aboriginal Settlement), 550 from Western Australia, about 350 from South Australia, less than 100 from New South Wales, and 9 from the Northern Territory (Goulburn Island Mission Station).

4. Particulars of the Australian Aborigines' League are as follow [sic]: –

• President – Mr. [Mister] A.P.A. [Arthur Penrose Acteson] Burdeu, employed on the Administrative Staff of the Victorian Government Railways. Mr. [Mister] Burdeu takes a deep interest in the welfare of aborigines, and apparently devotes all his spare time to furthering their interests.
• Secretary – Mr. [Mister] Wm. [William] Cooper – a full-blooded aboriginal of considerable intelligence – well known in Melbourne as a devoted worker in the interests of aboriginals.
• Treasurer – Mr. [Mister] Doug Nicholls – a full-blooded aboriginal of education and excellent character.
• The League is comprised of people, all of whom, with the exception of Mr. [Mister] Burdeu, are of aboriginal origin, either wholly or in part. It was founded about 5 years ago. It does not appear to have any definite financial position. The membership fee is 1/– [one shilling] per annum, and almost any person acknowledging the objects of the League and having aboriginal blood is regarded as a member. The League claims to have adherents in Victoria, Queensland and Western Australia.

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• It appears that the President and the Secretary between them carry the financial burdens which have to be met.

5. The Department can speak with authority only in regard to the aboriginals of the Northern Territory, because Commonwealth control of aboriginals is limited to that Territory, the aboriginals in the States coming under the jurisdiction of the various State Governments.

6. With regard to the prevention of the extinction of the race and the provision of better conditions for aboriginals generally, the Commonwealth Government and the various State Governments interested are doing everything possible. It was evident from the discussions that took place at the Conference of Commonwealth and State Officers charged with the protection of aboriginals held at Canberra in April, 1937, that all governmental authorities in Australia fully appreciate their responsibility in connection with the welfare of aboriginals generally.

7.  The question of whether aboriginals should be given representation in the Commonwealth Parliament has been considered by the Solicitor -General, copy of whose Opinion is attached. It will be seen that –

a) the Commonwealth Parliament has no authority to pass legislation to give representation in Parliament to aboriginals qua aboriginals who live in the States of the Commonwealth; and

b) Section 122 of the Commonwealth Constitution would appear to be a grant of sufficient authority to Parliament to provide that aboriginals in the Northern Territory may elect an aboriginal member for that Territory to represent them as such; but these elective powers could only be conferred on the aboriginals living in Territories of the Commonwealth and not in Australia as a whole.

8. As Minister for the Interior, I am virtually a representative of the aboriginals of the Northern Territory. I am responsible for carrying out the Government's policy in the Northern Territory and for bringing forward new legislation in the form of Ordinances and Regulations which must be submitted to Parliament.

9. It is not seen that any good purpose would be gained by submitting the petition to His Majesty the King, and it is recommended that no action be taken.

(J. McEwen)

Minister for the Interior

1/2/1938.

[At the bottom of the page is a handwritten note that reads]

Approved that the petition be not presented – (singed) J. Lyons

8.2.38