ABSTRACT
This chapter considers some of the dimensions of indigenous peoples' factual and ideological exclusion from Australian public institutions. It provides a general overview of indigenous exclusion because of the psychological terra nullius of Australian public institutions. The chapter also provides a case study specifically focusing upon institutional inertia in relation to the recognition of Aboriginal customary law. It highlights the exclusion of aboriginal women in particular from the legal institutions, illustrating how the 'populist vision of the neutrality and fairness of the legal system' ignores 'the gendered and racialized biases that exist on the bench'. The chapter explains that the simplistic dichotomy between the practical and the symbolic, as advocated by the current federal government has always been false, and serves only to prolong indigenous peoples' exclusion within the Australian state. It considers the future for indigenous Australia and proposals for a bill of rights.
