AHO Confirmation of Aboriginality

Under the Aboriginal Housing Act 1998 (NSW), an Aboriginal person (includes Torres Strait Islanders) means a person who:

  • is a member of the Aboriginal race of Australia, and
  • identifies as an Aboriginal person, and
  • is accepted by the Aboriginal community as an Aboriginal person.

Confirmation can be provided in any of the following ways:

Local Aboriginal Land Council (LALC)

The NSW Aboriginal Land Rights Act 1983 (as amended) states that to be a member of a Local Aboriginal Land Council (LALC), you must be an Aboriginal person. A letter, on LALC letterhead and signed by either the LALC Chairperson or Chief Executive Officer confirming your acceptance as a member of a LALC, can be provided as proof of Aboriginality.


Aboriginal Organisation

You can provide a letter of Confirmation from a registered Aboriginal community organisation as proof of Aboriginality.

The letter of Confirmation must:

  • be from a registered Aboriginal community organisation, that is:
    • an Aboriginal association incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (formerly the Aboriginal Councils and Associations Act 1976), OR
    • an incorporated Aboriginal community organisation where all the members of the organisation are Aboriginal, Torres Strait Islander or both, AND
  • be on the organisation's letterhead, AND
  • state that you are of Aboriginal descent, and identify as an Aboriginal person, and are accepted by the Aboriginal community as an Aboriginal person, AND
  • state that your Aboriginality has been confirmed and resolved at a duly constituted meeting of the organisation's governing body, AND
  • be signed in accordance with the rules of the organisation.

OR, if neither of the above is possible,

Statutory Declaration

Statutory Declaration can only be used in circumstances where an individual is unable to provide evidence from a Local Aboriginal Land Council or Aboriginal Corporation - this must be explained in the statutory declaration along with evidentiary examples to assist in the determination of Aboriginality. Statutory declarations should only be used as a last resort.

  • acknowledge

We acknowledge the traditional owners and custodians of the land on which we work and pay our respects to the Elders, both past and present.

Apology to the Stolen Generations