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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 730. Aboriginal Police.
Section 39 of the
Community Services (Aborigines) Act 1984
enables an Aboriginal council, with the Minister's approval, to
appoint Aboriginal police and to equip them with a uniform. Under
the old Act the Manager, in consultation with the council had the
power to appoint Aboriginal police, although there was no requirement
to supply uniforms. [152] Aboriginal police have the function of
maintaining peace and good order; specified duties may also be
conferred on them by by-law (e.g., ambulance services, fire-fighting
and emergency services (s40, 41)). The Aboriginal police also play
an important role in the operation of the Aboriginal court. They
are responsible for bringing offenders before the court, presenting
evidence and generally assisting in the running of the court. Some
courts rarely call any other evidence, and so nearly all convictions
are entirely dependent on the Aboriginal police evidence. [153]
Craig, in his study of the Yarrabah reserve near Cairns, comments
that at times the Aboriginal police became the de facto court at
Yarrabah because when a backlog developed 'they made fewer arrests,
set lower bails and allowed people extra time to pay their fines'.
[154]
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