Indigenous status: definitions

The correct identification of ‘Indigenous status’ in statutory and administrative datasets (such as birth, death, General Practice and hospital patient records) is crucial to the accurate recording and reporting of the state of Aboriginal (and non-Aboriginal) health in Victoria.

The ‘Commonwealth Definition’ of an Aboriginal or Torres Strait Islander person as per the High Court judgment in the case of Commonwealth v Tasmania (1983) 46 ALR 625 is:

'An Aboriginal or Torres Strait Islander is a person of Aboriginal or Torres Strait Islander descent who identifies as an Aboriginal or Torres Strait Islander and is accepted as such by the community in which he or she lives' (AIHW 2006)

There are three components to the Commonwealth definition:

  • descent
  • self-identification, and
  • community acceptance (AIHW 2006)

In practice, in most general purpose statistical and administrative collections it is not feasible to ascertain whether a person is accepted by his or her community as an Indigenous person. Therefore, the standard question of Indigenous status relates to descent and self-identification only (AIHW, 2006). In addition, there is no requirement to provide ‘proof’ of descent. Each patient/client should be given the opportunity to identify his/her Aboriginal and/or Torres Strait Islander origin by answering the question in the format prescribed by the ABS.

Format of the standard question:

  • ‘Are you of Aboriginal or Torres Strait Islander origin?’, or
  • [Is the person] [Is (name)] of Aboriginal or Torres Strait Islander origin? (ABS, 1999)

It is not possible to determine a person’s Aboriginal or Torres Strait Islander origin or identity based on his or her physical features, name, or any existing knowledge of the client’s cultural origins. Although a person’s Aboriginal or Torres Strait Islander origin will not change over time, their willingness to identify might change depending on the context or circumstances in which they are being asked.

For further information visit:

ABS 1999: Standards for Statistics on Cultural and Language Diversity

AIHW 2006: The ABS Standard Question on Indigenous Status

Or the Resource Centre