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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 7.The Reference and Changing Patterns of Aboriginal/Non-Aboriginal Relations.
The Reference was given to the Commission at a time of significant redefinition of the relations between Aborigines and non-Aborigines, a process which is continuing. Given the rapid and far-reaching changes occurring in Aboriginal communities, the need for reassessment of laws and administrative practices affecting the Aborigines is clear. For the same reason, any changes in these laws and practices will need to be reassessed in due course. 'In this sense the recommendations in this Report are provisional. They are provisional for another reason, too. Although the Commission has held discussions on the Reference and on its recommendations throughout Australia, especially with Aboriginal people and their organisations, the Commission is not an Aboriginal body and does not speak for Aboriginal people. The recommendations in this Report will have to be considered and discussed between the Government and Aboriginal people affected:

recommendations to this effect are made later in this Report. These considerations have required the Commission to adopt certain basic guidelines:

· flexibility to cope with change, and caution that one does not inadvertently limit the scope for change;

· sensitivity in dealing with matters to some extent outside the Commission's experience;

· adherence to the principle that Aboriginal people should be involved, as far as possible, in decisions that affect them, and in the implementation of these decisions;

· a policy of minimum intervention in the way Aborigines choose to live their lives.

The Commission believes that its recommendations for the recognition of Aboriginal customary laws - as well as the way they have been arrived at - reflect these principles. But it is unrealistic to think that the whole range of problems that Aboriginal people experience with the legal system can be solved in any single program for reform. The Commission's proposals are presented as its assessment of what is appropriate, within the Terms of Reference, at the present time. In Part VIII of this Report, the Commission will discuss in more detail the implementation of its proposals, and the ways in which new or changing needs may be dealt with in the future.


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