Table Of ContentA Study of the ‘lived experience’ of
Citizenship amongst Exempted Aboriginal
People in regional Queensland, with a focus
on the South Burnett region
Submitted for the Master of Arts
Faculty of Arts and Social Sciences
University of the Sunshine Coast
Judith Anne Wickes
B Arts (Hons) and B Social Work
August 2010
Abstract:
Much has been written about the protectionist laws that regulated and controlled the
lives of Indigenous Queenslanders during the twentieth century. However, much less
is known of the estimated 4,092 certificates granted to some 5,257 people between
1897 and 1967 who sought exemption from these laws on the grounds that they were
capable of managing their own affairs in a ‘civilised manner’. This research has
sought to address this through a historical case study of the lived experiences of
exempted Aboriginal people who had resided in the South Burnett region in
Queensland through researching archival records, gathering oral history and an
analysis of the personal diaries of an Aboriginal woman.
The policy of exemption was designed to simultaneously erase Indigenous identity
and to produce a new civic identity in the discursive formation of Australian
nationality and ‘citizenship’, whose juridical definition was itself problematic and
shifted considerably in the period of this study. The archival records spanning four
decades show that the process of determining exemption in Queensland was
disorderly, inconsistent and subject to arbitrary changes as were the methods of record
keeping. They reveal that decisions made by state officials imposed conditions on
exemptions which enabled ongoing state control of exemptees’ lives and income
under the threat of revocation. This extension of control into the non-institutional
lives of exemptees is evident in the self-surveillance and self-disciplinary methods
apparent in their personal narratives. Later archival records show that official
confusion and ineptitude was such that the exemption system continued to operate in
Queensland until 1967, even though the legislative authority for it had ceased in 1965.
The discussion of exemption as a conditional and subjugated form of citizenship is
organised around Marshall’s three-fold typology of modern citizenship (civil, political
and social). It also employs Foucault’s general concept of ‘discursive regime’ as well
as Davidson’s work on Indigenous citizenship as predominantly shaped by a discourse
of exclusion to frame the analysis. Through this lens, the lives of exemptees from the
South Burnett region reflect changes in the discursive regimes underpinning both the
official requirements of exemption and their interpretation. The case study shows that
during the 1940s, those prepared to disavow their Aboriginal heritage and live strictly
according to the conditions of exemption, enjoyed a certainty of citizenship
experienced by other Australians. However, as calls for racial equality began to
emerge during the 1950s; later exemptees lived less according to the conditions of
exemption but experienced greater uncertainty, alienation and marginalization through
racial discrimination by the dominant culture. Therefore, the possession of an
exemption certificate failed to guarantee equality with other Australian citizens.
Declaration:
The work submitted in this thesis is original, except as acknowledged in the text. The
material herein has not been submitted, either in whole or in part, for a degree at this
or any other university.
Judith Anne Wickes
i
Acknowledgements:
I give thanks to those who have continued to support my journey of discovery into my
Aboriginal family history. The research into the 1897 Act has allowed me to
understand the reasons why my grandfather Roy, sought his Certificate of Exemption
in 1926. The conditions imposed by the Certificate of Exemption continue to affect
the lives of my family, even three generations later.
I am most thankful for those interviewees involved in telling of their own lived
experiences for the research. To my grandmother Daisy, thanks for recording the
‘lived experiences’ as an exempted family through her six diaries. To my mother
Gwen, many thanks for sharing her information about the diaries and the giving of
documents in support of this research.
Dr Lucinda Aberdeen, my supervisor: for her continued support and belief in me. I
have learnt so much over the years especially from her knowledge and expertise in the
areas of Research and Indigenous Studies. I am honoured to have had the pleasure of
working with her on this personal project and for the many cuppas we shared.
I am thankful for my co-supervisor Professor Joanne Scott, for her historical expertise
in this area of study. I am also thankful for Michael Gardiner for his assistance as a
tutor and editor. The staff in other areas within the University of the Sunshine Coast,
such as: Student Services – Disability and Academic Skills, Library and the Buranga
Centre. I thank you for your support.
I am most grateful for the help and support of the staff at the Community Histories
section of the Queensland State Archives – Tilly Geary, Alison Bell and Robyn
Grogan.
To my family and friends who have made a contribution towards finishing this thesis,
I thank you. To my husband Harvey, who has always been there encouraging me and
supporting me, thank you. As with my Honours this is only the continuation of the
journey for me.
ii
Table of Contents:
Preliminaries:
Declaration i
Acknowledgement i
Table of Contents iii
List of a Table Graphs and Map vi
Chapter One – Introduction 1
Introduction 1
Constructivist Epistemology 2
Theoretical Perspective 2
Methodology 3
(a) Methods: Data Collections and Analysis 4
Diaries 4
Oral Histories 5
Archival Records 6
Fieldtrips 7
Questionaire 9
Ethical considerations 9
Chapter Two –Literature Review and Context 12
Background to ‘protectionist’ legislation in Queensland 12
Citizenship in Colonial Queensland 14
Citizenship in Queensland after Federation 16
The impact of legislation on Aboriginal Queenslanders 18
Citizenship in Australia 19
The problematic nature of citizenship 21
The effect of policies of assimilation in Queensland 23
Theoretical considerations 24
Chapter Three – Diaries 29
The diaries and their origins 30
How the diaries have been analysed 32
The ‘lived experience’ of the civil dimensions of citizenship 33
Silences about the civil dimensions of citizenship 37
The ‘lived experience’ of the political dimensions of citizenship 38
Silences about the political dimensions of citizenship 42
The ‘lived experience’ of the social dimensions of citizenship 43
Silences about the social dimensions of citizenship 53
Understanding of the outside world 55
iii
Chapter Four - Interviews 58
(1) Lived Experiences before Exemption 58
Interviewes 58
First Group 58
Second Group 59
Third Group 59
Removals to Settlements and Reserves 59
Working at Cherbourg 63
Work Agreements 64
The Certificate of Exemption 66
Knowledge about the Certificate of Exemption 67
The Rationale and Process of Gaining an Exemption 69
(2) Lived Experiences after Exemption 74
Civil Rights 74
Fredom 75
Business/Property Ownership 76
Faith and Church 78
The Court System 79
Political Rights 80
Voting 81
Political Affiliations 83
Political Activities 83
Social Rights 85
Employment 85
Housing Accommodation 89
Health and Social Services 91
Education 93
Social Activities and Entertainment 96
Sport 9
Chapter Five – Data Analysis – Archives 104
The Certificate of Exemption 105
Annual Reports 106
Other Queensland State Government Forms 111
The Application Form – Exemption 113
(a) The Selected Examples from Correspondence 115
Example One – ‘exemption request – outcome not apparent’ 116
Example Two – ‘exemption granted’ 118
Example Three – ‘exemption granted’ 120
Example Four – ‘exemption denied’ 121
Example Five – ‘exemption revoked’ 123
Example Six – ‘exemption and request for own money’ 125
Example Seven -‘applicant required to marry’ 127
Example Eight -‘application for exemption sent by Solicitor’ 129
iv
Chapter Six – Interpretations of Findings 133
Diaries 13
Interviews 140
Archives 147
Chapter Seven – Conclusion 152
Conclusion 152
Bibliography 157
Appendix A 167
Authorisation for Research from USC 167
Access to Restricted Records – A 168
Access to Restricted Records – B 169
Research Email Questionnaire 170
Research Project – Page 1 171
Research Project – Page 2 172
Research Project – Page 3 173
Research Project – Page 4 174
Appendix B 175
Roy Smith – Certificate of Exemption 175
Roy Smith – Driver’s licence 175
Excerpts from the Daisy Smith’s Diaries 176
Appendix C 190
(1) Appendix C: Archive Searches 190
(2) Appendix C: Documentation - Forms:
Certificate of Entitlement – Resident of Reserve/Community 195
Order for Removal – A 196
Removal – B 197
Hiring of domestics 198
Work Agreement – Employer and Aboriginal worker 199
Wages Agreement to be paid to Protector 200
Memo – Appt. of Protector to access Bank Accounts 201
Commonwealth Bank – Native Bank Account 202
Local Protector’s Report – employee 203
Barambah – Return of Wages Received 204
Monthly Return for Aboriginal Attendance… 205
Application for Permission to Marry 206
Permission for Celebration of Marriage 207
Acknowledgement of Marriage taking place 208
To the local Protector – Aboriginal Blankets 209
v
Application for Exemption 1987-1901 210
Application for Exemption 1897 – 1934 211
Application for Exemption – 1939 212
Application for Exemption – 1939 213
The Granting of a Certificate of Exemption 214
Acknowledgement of receiving his/her Exemption 214
The Cancellation of a Certificate of Exemption 215
The 1897 Act (short version) 216
(3) Appendix C: Examples from Chapter Six: 217
Example One 217
Example Two 217
Example Three 218
Example Four 219
Example Five 219
Example Six 220
Example Seven 221
Example Eight 221
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