Dempsey v Rigg [1914] St R Qd 245

Dempsey v Rigg [1914] St R Qd 245 is a case that highlights the importance of recognising the voices of Indigenous women. It centred around the employment of Eliza Woree, an Aboriginal woman who was subject to the Aboriginals Protection and Restriction of the Sale of Opium Act 1897 (Qld) (‘Aboriginals Protection Act’). In 1913, Joe Andrews sought and was granted permission from a ‘Protector’ to marry Eliza. During the same year, Eliza secured work carrying out domestic duties in the home of Isaac Rigg. In accordance with the Aboriginals Protection Act, the employment of an Aboriginal person required the approval of a Protector. As Rigg omitted to obtain such approval he was charged with the offence of unlawfully employing an Aboriginal under s 14 of the Act. Police Magistrate Grant dismissed the complaint. He also stated a special case, requesting another court to consider the question of whether Eliza remained subject to the provisions of the Aboriginals Protection Act, in spite of the marriage. Jameson J of the Northern Supreme Court answered the question in the affirmative, and therefore, Rigg was liable under s 14. Rigg unsuccessfully appealed this decision to the Full Court. Placing Indigenous voices at the centre, the judgment has been re-examined and scrutinised by the (fictional) First Nations Court of Australia that seeks to hear and understand the life of Eliza as she experienced it.