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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.

OR

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

A 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.