Lies - Damned Lies
The claim
A regularly repeated claim in public debate is that Indigenous Australians were covered by a flora and fauna act, which did not classify them as human beings, and that this only changed when the constitution was amended following the 1967 referendum.
For at least the past 10 years, academics, media commentators and Aboriginal people, including an Indigenous MP, have claimed this to be true.
The verdict
Ms Clanton's claim is a myth.
Aboriginal people in Australia have never been covered by a flora and fauna act, either under federal or state law.
But despite several attempts by various people to set the record straight, the myth continues to circulate, perhaps because, as one academic told Fact Check, it "embodies elements of a deeper truth about discrimination".
Although the claim has been repeated more frequently during the past 10 years, there is evidence to suggest the myth originated in the early 1970s.
Both an expert consulted by Fact Check and a museum website in Western Australia suggest several factors have given rise to the notion that a flora and fauna act once existed.
Such factors include the existence at one time or another of government departments and historical reports with titles that bring together the words "flora", "fauna" and "Aboriginal".
Also, a widespread and energetic campaign for a yes vote in the 1967 referendum played a crucial role in setting the conditions for the myth to emerge.
Experts told Fact Check that the referendum involved "dry" technical amendments to the constitution relating to Indigenous Australians.
As these were difficult to explain in a campaign-friendly way, campaigners for a yes vote instead pushed the idea of equal rights and justice for Aboriginal people.
The hugely successful referendum was thereby imbued with a symbolism that further enriched the conditions for the myth to take root; that before the constitution was amended, Indigenous Australians were classified according to a flora and fauna act — a completely incorrect conclusion.
Who else has made this claim?
In the 1960s, a civil rights organisation known as the Federal Council for the Advancement of Aborigines and Torres Strait Islanders campaigned for Indigenous peoples' welfare and lobbied in favour of the 1967 referendum.
Professor Marcia Langton, one of Australia's most respected Indigenous academics, told Fact Check that the so-called flora and fauna act was first mentioned by pioneer Aboriginal filmmaker Lester Bostock during a council meeting in Canberra in the 1970s.
"Lester Bostock (now deceased) gave a regular speech about how we were classified under the 'flora and fauna act'," Professor Langton wrote in an email.
"I thought at the time, and so did many others, that he meant this in a metaphorical way. I had no idea that this would grow into the urban myth that it is today."
However, she added: "We were not classified under the 'flora and fauna act' but we were treated as animals."
Since the 1970s, the claim has been repeated many times.
On becoming the first Indigenous member of the NSW Parliament, Linda Burney said in her maiden speech on May 6, 2003: "For the first 10 years of my life, like all Indigenous people at that time, I was not a citizen of this country. We existed under the flora and fauna act of New South Wales."
Media outlets, bloggers, entertainers, and others have helped perpetuate the myth.
In 2013, comedian Charlie Pickering wrote in an opinion article published by Mamamia: "I know that until the 1967 referendum altered our constitution to include all Australians as enfranchised citizens, our first peoples were regulated by the flora and fauna act."
Academics and Aboriginal public figures, such as Sol Bellear, have also made the claim.
But, in 2017, Aboriginal artist Vernon Ah Kee told the ABC that it was only in jest that a 'flora and fauna act' was mentioned by Aboriginal people.
"Blackfellas jokingly say that we weren't considered people so we must be part of the flora and fauna act, but that's not even true. The fact is that we didn't exist at all."
https://www.abc.net.au/news/2018-03-20/fact-check-flora-and-fauna-1967-referendu...