Investigate and assess the effectiveness of historical and contemporary methods of prevention and control of infectious disease, including the contemporary application of Aboriginal protocols in the development of particular medicines and biological materials in Australia

What this dot point is asking

NESA wants you to describe how Aboriginal and Torres Strait Islander knowledge has informed the development of modern medicines or biological materials, and to evaluate the ethical and legal framework that governs the use of this knowledge. Strong answers cite a named plant, a named community where appropriate, and the contemporary protocols that protect traditional knowledge.

The answer

Aboriginal and Torres Strait Islander peoples have applied detailed knowledge of Australian flora and fauna for tens of thousands of years, including the use of specific plants and animal products as antimicrobials, antiseptics and wound treatments. Contemporary pharmaceutical research draws on this knowledge under ethical protocols developed since the 1990s.

Examples of medicines and biological materials

Smoke bush (Conospermum species)

Used by Noongar people in Western Australia for treating colds and infections. Screened by the US National Cancer Institute and found to contain conocurvone, a compound with activity against HIV in laboratory studies. WA legislation was amended in the 1990s to require benefit-sharing arrangements after the smoke bush case raised concerns about uncompensated extraction.

Tea tree oil (Melaleuca alternifolia)

Used by the Bundjalung peoples of northern New South Wales for skin infections and wound dressing. The essential oil contains terpinen-4-ol, an antimicrobial that is active against bacteria (Staphylococcus aureus, including methicillin-resistant strains) and fungi (Candida, tinea). Tea tree oil is now a commercial topical antimicrobial product.

Eucalyptus oil

Used across Aboriginal Australia for respiratory ailments and as an antiseptic. Cineole-rich oils from Eucalyptus polybractea and E. globulus have documented antimicrobial activity. Commercial preparations include topical antiseptics and cough preparations.

Kakadu plum (Terminalia ferdinandiana)

Used by Aboriginal peoples of northern Australia. Has the highest known concentration of vitamin C of any plant, and contains ellagic and gallic acids with antimicrobial and antioxidant activity. Now used in cosmeceuticals and food preservation.

Wattle (Acacia species)

Several Acacia species were used as wound dressings; the bark contains tannins with astringent and antimicrobial activity.

The ethical and legal framework

Contemporary use of Aboriginal knowledge in pharmaceutical research is governed by several overlapping protocols.

Free, prior and informed consent (FPIC)

Traditional knowledge holders must be informed of the proposed use of their knowledge and biological materials, and must consent before collection or research begins.

Benefit sharing

When commercial outcomes result, traditional custodians share in the financial and non-financial benefits. This may take the form of royalties, joint patents, employment, or investment in community programs.

Attribution

Knowledge sources are acknowledged in scientific publications, patents and commercial products.

Cultural protocols

Knowledge about plants and their uses is often held by specific knowledge holders. Research must respect who may share knowledge, how it is recorded, and what is appropriate to publish.

Legal instruments

The Nagoya Protocol on Access and Benefit Sharing (2014). An international treaty under the UN Convention on Biological Diversity. Australia is a signatory. Requires equitable benefit sharing from the use of genetic resources and associated traditional knowledge.

The AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research (2020). Sets standards for consent, benefit sharing and cultural respect in Indigenous research in Australia.

Biodiscovery Act 2004 (Queensland). Requires a benefit-sharing agreement for the commercial use of native biological material in Queensland.

National Health and Medical Research Council (NHMRC) Guidelines. Govern health research with Aboriginal and Torres Strait Islander peoples.

Assessing the contribution

Aboriginal knowledge has made measurable contributions to Australian medicine, particularly in topical antimicrobials (tea tree oil, eucalyptus oil) and in pharmaceutical leads (Kakadu plum, smoke bush). The historical record includes many cases of extraction without consent or benefit sharing, and contemporary protocols are an attempt to redress that history. Effectiveness of the protocols depends on enforcement and on whether agreements deliver real benefits to the communities involved.

Examples in context

Example 1. Kakadu plum and Mary Kay benefit-sharing dispute. The Kakadu plum (Terminalia ferdinandiana), used by Bininj and Yolngu peoples of Arnhem Land for wound healing and as a food source, contains the highest vitamin C content of any known fruit (up to 5300 mg per 100 g) and potent antimicrobial gallic acid. In 2010, US cosmetics company Mary Kay filed patents on extracts of the plum without consulting traditional owners. After advocacy from the Northern Australian Aboriginal Kakadu Plum Alliance and intervention by IP Australia under the Nagoya Protocol, a benefit-sharing arrangement was negotiated by 2014, returning royalties and supply chains to Indigenous communities and providing a case study in how AIATSIS protocols should be applied in practice.

Example 2. Smoke bush (Conospermum) and HIV-related compound conoshermin. In 1981, the Western Australian government collected smoke bush samples for screening by the US National Cancer Institute, leading to identification of an anti-HIV compound. The plant has long been used by Noongar people for medicinal purposes. The state initially licensed the patent to AMRAD pharmaceuticals without traditional owner consent, sparking the 1990s Conospermum dispute. The case predates the 2010 Nagoya Protocol but became a foundational example used in Australian biodiscovery law reforms, including the 2006 Biological Resources Act regulations that now require negotiated benefit-sharing agreements with Indigenous custodians before any commercial development.

Try this

Q1. Identify two ethical protocols that must be followed when researching Aboriginal medicinal plant knowledge in Australia. [2 marks]

• Cue. Free prior and informed consent (FPIC), benefit-sharing under the Nagoya Protocol, AIATSIS Code of Ethics, attribution of traditional owners, and approval from local land councils.

Q2. A pharmaceutical company isolates a novel antimicrobial compound from a Northern Territory plant identified by traditional owners. The compound generates 5 million AUD in annual revenue. Describe how the Nagoya Protocol would govern revenue distribution to the Aboriginal custodian community. [3 marks]

• Cue. Mutually agreed terms must be negotiated before access; benefit-sharing agreement specifies royalty percentages, capacity-building investment, and recognition of traditional knowledge contribution.

Q3. Evaluate the role of Aboriginal protocols in modern Australian biodiscovery. (a) Identify one historical example where protocols were not followed. (b) Identify one contemporary example where they were followed. (c) Justify whether current legal frameworks are sufficient. [2+2+2 marks]

• Cue. (a) Smoke bush dispute of the 1990s. (b) Kakadu plum benefit-sharing agreement post-2014. (c) Strengths and gaps in the 2010 Nagoya Protocol and Australian state-level biodiscovery legislation.