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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 681. Some General Developments.
Any examination of this aspect of the Commission's Terms of Reference needs to take into account the background of continuing experiments with forms of 'justice mechanisms' other than the ordinary courts, and with procedural and other changes to the ordinary courts. The reasons for this have included the need to reduce the complexity and formality of present legal procedures, to encourage (e.g. through mediation) negotiated rather than adjudicated settlements, and thereby to reduce to some extent the increasing costs and delays of ordinary litigation. It is important to be aware of these developments for a number of reasons:

· they may be a source of ideas or models which could be adapted by Aborigines for their use;

· they may assist as precedents in justifying changes or modifications to the legal system sought by Aboriginal groups; [6]

· conversely, their record of success or failure may provide useful or cautionary lessons in the present context.

It is not possible in this chapter to give anything like a full account of the various justice models which have been suggested or tried, in Australia or elsewhere. [7] Australian developments have included:

· the use of counselling and other procedural reforms in the Family Courts; [8]

· the introduction, as a pilot scheme, of community-based family centres; [9]

· diversion of young offenders from juvenile or children's courts to children's aid panels, etc.; [10]

· the growth of tribunals such as small claims or consumer claims tribunals; [11]

· the use of 'community-based' dispositional orders in sentencing offenders, as an alternative to imprisonment. [12]

· the use in New South Wales of senior solicitors to arbitrate minor civil claims (less than $10000) on referral from a Magistrate or District Court. [13]

· community justice centres in New South Wales.


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