Aboriginality The case was later referred to in other cases regarding the definition of Aboriginality (Aboriginal Australian identity). Commonwealth v Tasmania had defined an Aboriginal or Torres Strait Islander as "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". The ruling was a three-part definition comprising descent, self-identification and community identification. The first part – descent – was genetic descent and unambiguous, but led to cases where a lack of records to prove ancestry excluded some. Self- and community identification were more problematic as they meant that an Indigenous Australian person separated from their community due to a family dispute could no longer identify as Aboriginal or Torres Strait Islander. As a result, there arose court cases throughout the 1990s where excluded people demanded that their Aboriginality be recognised. In 1998 Justice Merkel held in Shaw v Wolf that Aboriginal descent is "technical" rather than "real" – thereby eliminating a genetic requirement. This decision established that anyone can classify themself legally as an Aboriginal, provided they are accepted as such by their community. See also Australian constitutional law Franklin Dam controversy 1981 Tasmanian power referendum References Bibliography Commonwealth v Tasmania – Full text of the decision in the High Court of Australia. Australian Constitution – Full text. World Heritage Properties Conservation Act, 1983 (Cth) – Full text. UNESCO – the World Heritage Centre Australian constitutional law High Court of Australia cases 1983 in Australian law Corporations power in the Australian Constitution cases External affairs power in the Australian Constitution cases Acquisition of property in the Australian Constitution cases 1983 in case law Environment of Tasmania 1983 in the environment Dam controversies Environmental law in Australia