Secrets to Cultural Identity; legal and institutional mechanisms to better support Torres Strait Islanders to maintain their cultural secrets

Abstract

This thesis explores legal and institutional mechanisms that may better support Torres Strait Islanders to protect their cultural secrets. When Indigenous people lose control of cultural secrets they are also likely to lose cultural identity, autonomy and power to control their own lives. Australian law has largely proven ill-equipped to protect Indigenous cultural secrets. The author argues that Native Title law is poised to emerge as the leading contender, best-equipped to provide necessary legal protection, applying a regime which is neither an institution of the common law nor a form of common law tenure but nevertheless recognised by common law.