Reconciliation and Social Justice Library
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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 680. Outline of this Part.
While the Commission's Terms of Reference refer only to the
possibility of 'Aboriginal communities being given the power to apply
their customary laws and practices', what underlies this aspect of
the Terms of Reference is the broader question of autonomy for
Aboriginal communities in law and order matters. Accordingly, this
Part of the Report will consider a broad spectrum of issues and
proposals. This Chapter will consider the general principles
underlying justice mechanisms for Aboriginal communities. For
convenience, the term 'justice mechanism' has been adopted in this
Report to cover generally the various forms or structures of dispute
resolution which operate or could operate within Aboriginal groups.
[5] Chapters 28 and 29 describe existing dispute-resolving mechanisms,
in Aboriginal communities. Chapter 30 considers the relevant overseas
experience. Chapter 31 considers what mechanisms may be applied in
Australia, and ways of implementing them in accordance with the
wishes of particular Aboriginal communities concerned. Finally, Chapter
32 discusses the role of the police, and the policing of Aboriginal
communities by means other than the regular police force.
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