Inquiry Question 3: How can the spread of infectious diseases be controlled?
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
HSC Biology Module 7: the contemporary application of Aboriginal and Torres Strait Islander protocols in developing medicines. Real Australian examples (smokebush, Kakadu plum, tea tree, Jarlmadangah Burru painkiller), plus ICIP, free prior informed consent and benefit sharing.
Reviewed by: AI editorial process; not yet individually human-reviewed
Have a quick question? Jump to the Q&A page
Jump to a section
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.
Treat the knowledge with accuracy and respect: it is sophisticated, tested science developed over tens of thousands of years, not merely a stock of "leads" for Western pharmaceutical companies. Markers reward answers that show this and that explicitly name consent, benefit sharing and Indigenous Cultural and Intellectual Property (ICIP) rather than just listing plants.
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. This is a refined, empirical body of knowledge - which plant, which part, which preparation, for which ailment - built through systematic observation and selection. Contemporary pharmaceutical research draws on this knowledge under ethical protocols developed since the 1990s.
Examples of medicines and biological materials
- Smokebush (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 smokebush 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.
- Marjala (Barringtonia acutangula)
- Traditionally used by the Nyikina Mangala people of the Jarlmadangah Burru community in the Kimberley (Western Australia) for pain relief. Research in partnership with Griffith University identified novel analgesic compounds; a jointly owned patent (lodged 2003, granted 2008) named a community Elder as a co-inventor - an explicit model of shared intellectual property.
- 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 and ICIP
- Knowledge sources are acknowledged in scientific publications, patents and commercial products. This recognises Indigenous Cultural and Intellectual Property (ICIP) - the principle that traditional knowledge is intellectual property belonging to its custodians, not a free public resource.
- 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.
The ethical pathway, step by step
The figure below sets out the respectful pathway from traditional knowledge to a developed medicine, with a protocol obligation at every step. The two columns matter equally: a discovery is only ethical if the right-hand obligations are met at the same time as the left-hand science.
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, smokebush). 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. The Jarlmadangah Burru / Marjala patent, with a community Elder named as co-inventor, shows the modern model working; the smokebush case shows what the protocols exist to prevent.
Examples in context
- Example 1. Kakadu plum and the 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 the anti-HIV compound conocurvone
- In the early 1980s the Western Australian government collected smoke bush samples for screening by the US National Cancer Institute, leading to identification of conocurvone, an anti-HIV compound. The plant has long been used by Noongar people for medicinal purposes. The compound was licensed to AMRAD pharmaceuticals (NCI-AMRAD agreement, 1993) without traditional owner consent, sparking the Conospermum dispute. The case predates the 2014 Nagoya Protocol but became a foundational example used in Australian biodiscovery law reforms that now require negotiated benefit-sharing agreements with Indigenous custodians before commercial development.
- Example 3. Jarlmadangah Burru and the Marjala painkiller
- The Nyikina Mangala people of the Jarlmadangah Burru community in the Kimberley hold detailed knowledge of the Marjala plant (Barringtonia acutangula) for pain relief. In a community-led partnership with Griffith University, scientists investigated the plant and identified novel analgesic compounds; a jointly owned patent was lodged in 2003 (granted 2008) with a community Elder named as a co-inventor. Although commercial development later stalled, the agreement is widely cited as a model of consent, joint intellectual property and benefit sharing - the modern protocols working as intended.
Practice questions
Original practice questions graded from foundation to exam level, each with a full worked solution. Try them before revealing the solution.
foundation2 marksIdentify TWO protocols that must be followed when traditional knowledge of an Aboriginal medicinal plant is used to develop a medicine in Australia.Show worked solution →
Award 1 mark for each correctly identified protocol (any two of the following).
- Free, prior and informed consent (FPIC) - knowledge holders are fully informed and agree before any collection or research begins.
- Benefit sharing - communities share in financial and non-financial outcomes (royalties, employment, joint patents).
- Attribution / recognition of Indigenous Cultural and Intellectual Property (ICIP) - the knowledge source is acknowledged in publications and patents.
- Respecting cultural protocols - recognising who may share knowledge and what is appropriate to record or publish.
A bare list of plants, or "ask permission" without naming consent or benefit sharing, does not earn the mark.
foundation3 marksOutline ONE named Australian example in which Aboriginal knowledge of a plant contributed to the development of a medicine or biological material. Name the plant, the community where known, and the useful property.Show worked solution →
Award 1 mark each for the plant, the people/community, and the useful property, for any valid example. For instance:
- 1 mark - plant
- Smokebush (Conospermum species).
- 1 mark - people
- Used by Noongar people of south-western Western Australia.
- 1 mark - property
- Screening yielded conocurvone, a compound with anti-HIV activity in laboratory studies.
Accept equivalently: tea tree (Melaleuca alternifolia) / Bundjalung peoples / terpinen-4-ol antimicrobial; Kakadu plum (Terminalia ferdinandiana) / Bininj and Yolngu peoples / very high vitamin C and antimicrobial gallic acid; Marjala (Barringtonia acutangula) / Nyikina Mangala people of Jarlmadangah Burru / analgesic (pain-relieving) compounds.
foundation2 marksExplain why traditional knowledge of medicinal plants is described as sophisticated science rather than merely a source of 'leads' for pharmaceutical companies.Show worked solution →
1 mark - it is empirical and tested. Traditional knowledge was built and refined by systematic observation over tens of thousands of years, identifying which plant, which part, and which preparation treats a given ailment - a process of testing and selection analogous to experimental science.
1 mark - it is the basis of the discovery. Modern pharmaceutical work often only confirms and isolates the active compound that the knowledge had already pinpointed, so the knowledge is the intellectual contribution, not a lucky hint. Treating it as a free "lead" is what historically denied communities consent and benefit.
An answer that simply repeats "it is very old" without the idea of tested, accumulated knowledge caps at 1 mark.
core4 marksA pharmaceutical company isolates a novel antimicrobial compound from a Northern Territory plant identified by a remote Aboriginal community. The compound generates 5 million AUD in annual revenue. Describe how the Nagoya Protocol and associated Australian protocols would govern access to the knowledge and distribution of these benefits.Show worked solution →
Award up to 4 marks for a sequenced description that covers access, consent, the agreement, and benefit sharing.
- 1 mark - prior informed consent and mutually agreed terms
- Under the Nagoya Protocol, access to the genetic resource and associated traditional knowledge requires prior informed consent of the knowledge holders and mutually agreed terms negotiated before access.
- 1 mark - a benefit-sharing agreement
- A formal benefit-sharing agreement must be in place specifying how benefits flow back to the community (for example a royalty percentage of the 5 million AUD, capacity-building investment, or employment).
- 1 mark - non-monetary benefits and ICIP
- Benefits include non-financial outcomes - joint ownership of intellectual property, attribution of the community's knowledge (ICIP), and recognition in patents and publications.
- 1 mark - enforcement context
- This is supported in Australia by instruments such as state biodiscovery legislation and the AIATSIS Code of Ethics, so the arrangement is enforceable rather than voluntary goodwill.
A response that only says "they share the money" without consent, an agreement and ICIP/attribution caps at 2 marks.
core5 marksCompare the smokebush (Conospermum) case with the Jarlmadangah Burru / Marjala painkiller case in terms of how Aboriginal protocols were applied, and what each shows about the development of Australian biodiscovery practice.Show worked solution →
Award up to 5 marks for a genuine comparison (both cases described AND contrasted) with a contemporary point about changing practice.
- Smokebush (up to 2 marks)
- Conospermum was screened from the 1980s-1990s; the active compound conocurvone showed anti-HIV activity and was licensed (to AMRAD) without consent of, or benefit sharing with, the Noongar custodians of the knowledge. It is a historical case of extraction without protocols, and it drove reform of WA biodiscovery law to require benefit-sharing.
- Jarlmadangah Burru / Marjala (up to 2 marks)
- The Nyikina Mangala community of Jarlmadangah Burru partnered with Griffith University to investigate the Marjala plant (Barringtonia acutangula), traditionally used for pain relief. A community Elder was named as a co-inventor on a jointly owned patent (lodged 2003, granted 2008) for novel analgesic compounds, under a negotiated benefit-sharing arrangement - a model of consent, joint IP and partnership.
- The contrast / what it shows (1 mark)
- Together the cases trace the shift from uncompensated extraction (smokebush) to negotiated, consent-based partnership with shared IP (Jarlmadangah) - evidence that contemporary protocols (Nagoya Protocol, AIATSIS Code, state biodiscovery law) have changed practice, though enforcement and real delivery of benefits remain the test.
A response that describes only one case, or lists facts without contrasting how protocols were applied, caps below full marks.
core4 marksTea tree oil (Melaleuca alternifolia) is marketed as a topical antimicrobial. Explain how Aboriginal knowledge contributed to this product and assess one reason such products should not be labelled 'alternative' or 'unproven' medicine.Show worked solution →
Contribution of knowledge (2 marks). 1 mark: the Bundjalung peoples of northern New South Wales used crushed Melaleuca alternifolia leaves to treat skin infections and wounds, identifying both the plant and its use. 1 mark: this knowledge directed scientific investigation, which isolated terpinen-4-ol, the major antimicrobial component of the oil, now the basis of a commercial topical product.
Assessment (2 marks). 1 mark: there is peer-reviewed evidence of activity against bacteria (including Staphylococcus aureus, and methicillin-resistant strains) and fungi (Candida, tinea), so the antimicrobial effect is experimentally demonstrated, not anecdotal. 1 mark: a supported judgement - because the mechanism and efficacy are documented, the product is a documented pharmaceutical-grade antimicrobial; labelling it "alternative" understates the evidence and the Indigenous scientific contribution behind it.
Full marks require the named people, the named compound, AND an evidence-based judgement.
exam7 marksEvaluate the effectiveness of contemporary Aboriginal protocols in ensuring that the development of medicines from traditional knowledge is ethical and fair. In your answer, refer to at least two named Australian examples and to the concepts of consent, benefit sharing and Indigenous Cultural and Intellectual Property (ICIP).Show worked solution →
"Evaluate" requires a justified overall judgement weighing how well the protocols work, supported by named examples. A Band 6 response reaches a conclusion, not just a description.
- Frame the protocols (1-2 marks)
- Set out the contemporary framework: free, prior and informed consent (FPIC), benefit sharing, attribution of ICIP, and the instruments that back them - the Nagoya Protocol (in force 2014), the AIATSIS Code of Ethics (2020), NHMRC guidelines, and state biodiscovery legislation (e.g. the Queensland Biodiscovery Act 2004).
- Evidence the protocols work (2 marks)
- Use a positive case: the Jarlmadangah Burru / Marjala painkiller agreement, where the Nyikina Mangala community gave consent, an Elder was named co-inventor, and IP was jointly owned with Griffith University - showing FPIC, benefit sharing and ICIP applied in practice. The Kakadu plum benefit-sharing arrangement (after the Mary Kay patent dispute) shows protocols correcting an attempted appropriation.
- Evidence of limits (2 marks)
- Use a counter-case: the smokebush (Conospermum) / conocurvone case, where collection and licensing proceeded without consent or benefit to Noongar custodians - a failure that predates the modern framework but shows the harm protocols exist to prevent. Note ongoing limits: protocols depend on enforcement, Australian patent law does not require disclosure of traditional-knowledge origin, agreements may stall (the Marjala drug stalled commercially), and "Aboriginal knowledge" is not one body but belongs to specific nations.
- Judgement (1-2 marks)
- A supported conclusion, e.g. contemporary protocols are a substantial and necessary improvement - they have shifted practice from uncompensated extraction toward consent-based partnership and shared IP - but are only partly effective, because they rely on enforcement, gaps remain in patent disclosure, and real benefits are not guaranteed to reach communities. An answer with no explicit, justified judgement, or with fewer than two named examples, caps below the top band.
exam6 marksAboriginal knowledge of antimicrobial plants is increasingly relevant as antibiotic resistance rises. Discuss how the development of medicines from this knowledge both depends on, and is protected by, contemporary protocols, using named examples.Show worked solution →
Target a sequenced response that links the scientific value of the knowledge to the ethical framework that governs its use.
- Scientific relevance (1-2 marks)
- Aboriginal knowledge identifies plants with genuine antimicrobial activity - tea tree oil (terpinen-4-ol) active against Staphylococcus aureus including MRSA, eucalyptus (cineole) oils, Kakadu plum gallic acid. As antibiotic resistance rises, such leads are valuable starting points for new antimicrobials, and the traditional knowledge narrows the search from thousands of species to tested candidates.
- Dependence on protocols (1-2 marks)
- Developing these medicines depends on access to the knowledge and materials, which under the Nagoya Protocol requires prior informed consent and mutually agreed terms - so without functioning protocols, ethical development cannot proceed. The relationship is one of partnership, e.g. Jarlmadangah Burru's community-led collaboration with Griffith University.
- Protection by protocols (1-2 marks)
- Protocols protect the community's interests: benefit sharing returns royalties and investment, ICIP attribution recognises the knowledge as intellectual property, and instruments such as the AIATSIS Code and state biodiscovery law make this enforceable. The smokebush case shows what happens without protection - uncompensated extraction - and motivated the reforms.
Full marks need the scientific relevance, the dependence (consent/access), the protection (benefit sharing/ICIP), AND at least two named examples.