THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS

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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 738. Penalties.

While the powers of Aboriginal courts with respect to penalty is strictly circumscribed, [168] there are variations in practice between them. The most common penalty is a fine, but in the larger communities until the end of 1984 the local gaol was still used regularly. In some communities being sentenced to a number of days in the lock-up meant community work in the day-time and spending only nights in the lock-up. To some extent this depended on an offender's willingness to participate. Other communities had no system of community work and offenders spent all their time in the lock-up. [169]

USUAL PENALTIES (AUGUST 1984) [170]

Community Drunk Disorderly Gambling Assault Possessing alcohol in
breach of regs Kowanyama $5 $10 $5 or $10 $10 Edward River $40
$40 - $40 or 3 week ban from beer canteen. Yarrabah $2 $10 or
$20 - $10 Palm Island $20-$40 $20-$40 - $20-$40 $20-$40 If repeat
If repeat offenders offenders a number a number of days in of days
in lock-up lock-up

Notes

· There is an overlap between 'disorderly' and 'assault'. Persons fighting might be charged with either one. For some communities both were used, in others only one.

· While gambling occurs in most communities it rarely is the basis of a charge before the Aboriginal court.

· Cumulative charges or repetitive offenders are also likely to be barred from the beer canteen for a period of time or to get a number of days in the lock-up.

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