New South Wales Government Family & Community Services - Aboriginal Housing Office

AHO Confirmation of Aboriginality

Under the Aboriginal Housing Act 1998 (NSW), an Aboriginal* person 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:

  1. 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

  2. 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,

  3. 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.

*The term 'Aboriginal' includes Aboriginal people and Torres Strait Islanders.

QuoteWe are committed to providing housing for Aboriginal people and have a policy and process for confirming Aboriginality which ensures that AHO housing is only allocated to Aboriginal people.Quote-end

 

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