Reconciliation and Social Justice Library

THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 724. Jurisdiction.

(a) matters of complaint that are breaches of the by-laws applicable within its area;

(b) disputes concerning matters within its area that are not breaches of the by-laws applicable within its area or of any law of the Commonwealth or the State; and

(c) matters committed to its jurisdiction by the regulations,

and [the court] shall exercise that jurisdiction referred to in provision (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 provision (b) in accordance with the usages and customs of the community within its area.

The court thus has a criminal jurisdiction for specified breaches of the Act, regulations and by-laws and a mediation or conciliation role over local 'disputes' where there has-been no breach of the general law. It is required to take into account the usages and customs of the community both in exercising its criminal jurisdiction and in resolving disputes. No longer does an Aboriginal court have the power to hear civil cases involving less than $200, a power which, apparently, was rarely if ever used. All persons, Aboriginal or non-Aboriginal, who are residents of an Aboriginal community come within the jurisdiction of the Aboriginal court. But persons who hold an appointment that requires their residence are specifically excluded: this would include many, if not most, non-Aboriginal. residents. [145] Such persons if they breach the local by-laws are to be dealt with by a Magistrate's Court (s44).