Queensland Consolidated Acts

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COMMUNITY SERVICES (ABORIGINES) ACT 1984 - SECT 81

81 Jurisdiction of Aboriginal Courts

(1) Subject to this Act, an Aboriginal Court has and may exercise the jurisdiction, powers and authorities conferred on it--

(a) by this Act; or
(b) by the by-laws of the Aboriginal council established for the council area for which the court is constituted.

(2) An Aboriginal Court has jurisdiction to hear and determine--

(a) matters of complaint that are breaches of the by-laws applicable within its area;
(b) disputes concerning any matter that--
(i) is a matter accepted by the community resident in its area as a matter rightly governed by the usages and customs of that community; and
(ii) is not a breach of the by-laws applicable within its area or of a law of the Commonwealth or the State or a matter arising under a law of the Commonwealth or the State;
(c) matters committed to its jurisdiction by the regulations;

and shall exercise that jurisdiction referred to in paragraph (a) in accordance with the appropriate by-law having regard to the usages and customs of the community within its area and that jurisdiction referred to in paragraph (b) in accordance with the usages and customs of the community within its area.

(3) The decision of an Aboriginal Court that any matter before it is a matter of a description referred to in subsection (2)(b)(i) shall be final and conclusive and no proceeding shall be brought or heard to restrain the Aboriginal Court from disposing of a dispute concerning that matter by reason that such a decision is incorrect.



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