HASS · Year 6

Active learning ideas

Mabo Decision and Native Title

Active learning works for this topic because students need to grasp complex legal and historical ideas through concrete experiences. By reconstructing the Mabo case step-by-step, role-playing court arguments, and mapping real-world applications, students move from abstract concepts like 'native title' to tangible understanding of how law intersects with land and identity.

• ACARA Content Descriptions
• AC9HASS6K06

• 35–50 min
• Pairs → Whole Class
• 4 activities

Activity 01

• Role Play
• 45 min · Small Groups

Timeline Build: Mabo Case Journey

Provide key dates from Mabo's life, terra nullius origins, and the 1992 decision. In small groups, students sequence events on a class timeline, add quotes from Mabo, and note impacts. Groups present one event with evidence from sources.

Explain the concept of 'terra nullius' and why it was legally challenged by Eddie Mabo.

Facilitation Tip

During the Timeline Build, have students physically place key events on a large wall chart so they see the decade-long effort behind the decision.

What to look for

Ask students to write down two key differences between the legal concept of 'terra nullius' and Native Title. Then, have them write one sentence explaining why the Mabo Decision was significant.

• Apply
• Analyze
• Evaluate
• Social Awareness
• Self-Awareness

Activity 02

• Role Play
• 50 min · Pairs

Role-Play: High Court Hearing

Assign roles: Mabo's team, Crown lawyers, judges. Pairs prepare arguments for or against terra nullius using simplified case facts. Perform in whole class mock trial, with judges delivering a verdict based on evidence.

Analyze how the Mabo Decision fundamentally changed Australian land law.

Facilitation Tip

In the High Court Role-Play, assign students roles based on real case documents so their arguments reflect the actual evidence presented in 1992.

What to look for

Pose the question: 'How did the Mabo Decision change the way Australia views its history and land ownership?' Facilitate a class discussion, encouraging students to use vocabulary like 'terra nullius' and 'Native Title' in their responses.

• Apply
• Analyze
• Evaluate
• Social Awareness
• Self-Awareness

Activity 03

• Role Play
• 35 min · Small Groups

Map Activity: Native Title Today

Distribute Australia maps marked with native title determinations. Small groups research one claim, note traditional owners, and current uses like co-management. Discuss patterns and add to a shared digital map.

Evaluate the ongoing significance and impact of Native Title for Aboriginal and Torres Strait Islander peoples today.

Facilitation Tip

For the Map Activity, provide outdated colonial maps alongside contemporary native title determinations to visually contrast what was claimed and what is recognized today.

What to look for

Provide students with a short, simplified case study of a hypothetical Native Title claim. Ask them to identify the main challenge faced by the Indigenous group and one potential outcome based on the Mabo Decision.

• Apply
• Analyze
• Evaluate
• Social Awareness
• Self-Awareness

Activity 04

• Formal Debate
• 40 min · Whole Class

Formal Debate: Ongoing Impacts

Pose: Native title fully achieves justice? Divide class into affirm/negate teams. Each prepares three points with examples. Hold structured debate with rotations for rebuttals.

Explain the concept of 'terra nullius' and why it was legally challenged by Eddie Mabo.

Facilitation Tip

In the Debate, require students to cite specific legal terms like 'continuous connection' and 'pastoral lease' to ground their arguments in the law rather than emotion.

What to look for

Ask students to write down two key differences between the legal concept of 'terra nullius' and Native Title. Then, have them write one sentence explaining why the Mabo Decision was significant.

• Analyze
• Evaluate
• Create
• Self-Management
• Decision-Making

A few notes on teaching this unit

Teachers should start with the lived experience of Indigenous peoples, using Eddie Mabo’s story to humanize the legal process. Avoid presenting the Mabo Decision as a standalone event; instead, connect it to earlier land rights struggles like the Gurindji walk-off and later cases like Wik. Research shows students retain these concepts better when they analyze primary sources, such as excerpts from the High Court judgment, rather than relying solely on textbook summaries.

Successful learning looks like students confidently explaining the difference between terra nullius and native title, accurately describing the Mabo Decision’s impact, and applying these ideas to current land rights issues. They should use precise vocabulary and connect historical events to present-day contexts without oversimplifying the legal nuances.

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Watch Out for These Misconceptions

• During the Timeline Build activity, watch for students writing that terra nullius meant Australia had no people before 1788.

  Use the timeline cards showing pre-colonial nations and the 1770 Cook claim to prompt students to notice how terra nullius ignored existing societies and legal systems.

• During the High Court Role-Play, listen for statements that the Mabo Decision returned all land to Indigenous peoples.

  Refer students to the role cards that include pastoral lease conditions and mining approvals to highlight that native title is subject to government actions.

• During the Debate on Ongoing Impacts, note claims that native title issues ended after 1992.

  Ask students to reference the 2021 Juukan Gorge case or 2023 Native Title Act amendments during their debate to show how the legal framework continues to evolve.

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Methods used in this brief

• Role Play
• Formal Debate