Reconciliation and Social Justice Library
[RSJ Home]
[Global AustLII Search]
[RSJ Database Search]
[Table of Contents]
[Previous]
[Next]
[Download]
THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 679. 'Law and Order' in Aboriginal Communities.
In addressing the second aspect of the Terms of Reference, broader
questions of law and order in Aboriginal communities arise, including
the ways in which different communities deal with, or would like to
deal with law and order problems. An Aborigine may commit an
offence against the general criminal law which may be categorised as
'non-customary' but which may be very disruptive of community life,
with the result that members of his community would like some say
in the way in which the offender is dealt with. Some offences may
breach both the general criminal law and Aboriginal customary laws.
Or an 'offence' may be entirely customary, in which case communities
may consider it is within their jurisdiction to deal with it - a
view that may not be shared by the general legal authorities. Some
Aboriginal communities have sought Commonwealth or State legislation
to give them power to make rules for the community and to deal
with persons who break such rules, while others have sought the
enactment of customary laws enforceable in the general legal system.
[4]
[RSJ Home]
[Global AustLII Search]
[RSJ Database Search]
[Table of Contents]
[Previous]
[Next]
[Download]