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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 733. Visiting Justice.
There is still provision for a 'visiting justice' (s11), usually a local magistrate, who must travel to a trust area at least every three months to:

· investigate complaints;

· inspect the record of punishment of the Aboriginal court;

· if he is a Magistrate, and an Aboriginal court does not exist, hear offences;

· report to the Under Secretary on the administration of the area.

The Human Rights Commission has commented that:

the whole concept of a visiting justice has overtones of the gaol or other institution in which people are incarcerated against their will, which is to be subject to regular inspections by that functionary. The concept fits uneasily with that of a community of Aboriginal Queenslanders living freely together under their own institutions. [160]


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