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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 742. `Second-class' Institutions.
A complaint commonly made about Aboriginal courts is the lack of
training provided to the Aboriginal justices and the Aboriginal
Police. Justices of the peace are appointed to sit in the court
but are given no guidelines, instructions or formal tuition in the
job they are expected to perform. [180] One effect of this lack of
training is that the Aboriginal justices are unsure of the
jurisdiction, procedure or powers of the Aboriginal court. They take
their job seriously but are very aware of their shortcomings and
are keen to improve their skill, but do not know how to go about
it. [181] If it is thought they may have acted in an inappropriate
way the executive officer or local Queensland police officer (or,
though this is less likely, the Aboriginal council) may intervene to
advise them. However, this very much depends on the attitude of the
executive officer and the police to the court. The limited powers
available to an Aboriginal court also affect its status. A similar
problem exists with the Aboriginal police. They have no formal
training, although they generally work under the direction of the
Queensland police, who may provide some guidance and instruction.
Several factors make the present Aboriginal police system
unsatisfactory. First, the Aboriginal police are actually employed by
the council, which is responsible for hiring and firing. Councils
now have specific responsibility for providing uniforms but this is
being implemented very unevenly. The lack of a uniform is said to
affect the status of the Aboriginal police from both the community
and the individual viewpoint. Secondly, family or kin relationship
can make it difficult for an Aboriginal policeman to do his job.
Thirdly, the relatively small size of most of the Aboriginal
communities and the mix of groups from different areas also leads
to tensions which make policing difficult. Being an Aboriginal
policeman may set a person apart from his friends. A combination of
these factors results in a high turnover which makes policing even
more difficult. [182] Finally, the limited powers of the Aboriginal
police restricts the role they can play and affects their status.
But the factors listed above are usually given as justification for
imposing such limitations, creating a self-perpetuating image of
inferiority.
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