Australian History Resources
The Rule of Law Education Centre encourages active civic participation by teaching Australian students about the rule of law and our democratic heritage.
The democratic aspiration is no mere recent phase in human history. It is human history. It permeated the ancient life of early peoples. It blazed anew in the Middle Ages. It was written in Magna Carta
– Franklin D. Roosevelt
Australian History Resources:
Using the Case Method to teach History
The English convict problem and the American Revolutionary War
Terra Nullius and European settlement
The First Civil Case in Australia: Henry and Susanna Kable
The establishment of the NSW Supreme Court
Myall Creek: How the law was applied to Indigenous People
Lord Sydney and the Magna Carta: How the city of Sydney got its name
Summaries of Each Resource
Using the Case Method to teach History
This resource provides a step-by-step guide to the Case Method. This teaching approach utilises decision-forcing cases to immerse students in real historical dilemmas from the past. The approach fosters critical thinking and facilitates student engagement in civil debate. It also provides historical distance – enabling students to practice political conversation without politicising the classroom.
The English convict problem and the American Revolutionary War
Up until 1782, Britain sent convicts to North America. However, after the American Revolution, America sought independence and conflicts with Britain arose. By 1783, convict transportation to America stopped, creating an issue for Britain as prisons became overcrowded. By the late 1780s, the situation worsened, leading to the use of large ships, or ‘hulks’, to house prisoners in England’s rivers and harbors. It became clear that new colonies for convict transportation were needed. After the successful voyage of Captain James Cook, the British government decided to make Australia (at the time, New Holland) the new destination for its penal colonies.
Terra Nullius and European settlement
This resource outlines what the doctrine of Terra Nullius means and how this fiction came to describe British rule in Australia. It also outlines how the British legally claimed sovereignty over Australia via occupation and its effect on the Indigenous people. Lastly, we look at Mabo (No 2) – the ‘native title case’ – and the overturning of the Terra Nullius doctrine.
The First Civil Case in Australia: Henry and Susanna Kable
What we see in the Kable’s story is the principle of equality before the law in action. Convicts who had no rights when they left England were able to get married and receive the protection of the law in the new colony. They were then treated equally before the law by being able to sue the powerful ship’s Master, Duncan Sinclair, for their lost parcel of possessions – and were successful! The resource includes suggested lesson plans for teachers.
The establishment of the NSW Supreme Court
New South Wales had become more open and free by the time Ralph Darling became governor in 1825. Tasked with restoring order and making NSW a place of punishment, Darling ruled with significant power due to slow communication with Britain. However, the 1823 NSW Act introduced key institutions, including the Supreme Court, which began to check Darling’s authority. Francis Forbes, the first Chief Justice, was committed to upholding the law and safeguarding freedoms. He frequently clashed with Darling, especially over press freedom, opposing the governor’s attempts to impose restrictive press licensing laws and maintaining judicial independence.
Myall Creek: How the law was applied to Indigenous People
This resource outlines the legal and cultural landscape of the early New South Wales colony and its impact on the rule of law as applied to Indigenous Australians. It also outlines the competing objectives of the colony – the need to protect Indigenous people and the need to quash resistance to the expanding settlement. Drawing from Mark Tedeschi AM KC’s book, ‘Murder at Myall Creek: The Trial that Defined a Nation’, the resource examines the way laws were applied in the settlement. By analysing the work of John Hubert Plunkett and the resulting legal reforms, this resource will illustrate how the rule of law adapts to provide justice.
Lord Sydney and the Magna Carta: How the city of Sydney got its name
While many people around the world are familiar with the city of Sydney, few people, even those residing in Sydney, know who it is named after. The city of Sydney bears the name of Thomas Townshend, who later became Lord Sydney. This resource will take you through the ascendancy of Thomas Townshend, why he decided to adopt the name Lord Sydney for his Barony upon becoming a member of the House of Lords, and how he inspired the rule of law in the new colony of NSW.
Governor Arthur Phillip
Arthur Phillip was the founding Governor of New South Wales on 12 October 1786 – 23 July 1793. He established the first permanent European settlement in Australia.
Governor John Hunter
In December 1792, Captain John Hunter was appointed second Governor of New South Wales on 11 September 1795 – 27 September 1800.
Governor Philip Gidley King
On 28 September 1800, Philip Gidley King was appointed the third Governor of New South Wales.
Governor William Bligh
Captain William Bligh was appointed the fourth Governor of New South Wales, on 13 August 1806 – 26 January 1808.
Governor Lachlan Macquarie
Lachlan Macquarie was appointed the fifth and last autocratic Governor of New South Wales on 1 January 1810 – 1 December 1821.
The Eureka Rebellion
The Eureka Stockade had a significant impact on the development of democracy in Australia and was a key moment where the people demanded equal and fair treatment and the right to take part in the democratic process.
Civics and Citizenship
In Australia, Civics relates to civic knowledge of our system of governance, our democracy and the rule of law. It looks at the history, structures and process to provide students with relevant knowledge and understanding. Citizenship looks at skills, attitudes, beliefs and values that support active citizens and the capacity to act as informed and active citizens. Australian society has three main beliefs that form the core of our national identity, each one embedded into the process of how Australia is governed: Democracy, Laws, and Human Rights.
Eureka rebellion
The Eureka rebellion was a defining moment in Australian history as the beginning of true representative democracy. It resulted in important reforms being put in place to limit the power government had over the people and gave people a voice in making laws and the ability to hold decision makers to account.
This page provides an audio book reading of the book, character chards, a poster and the Eureka Debate