Class discussion (Line 3)Arguments for and against the integration/acknowledgement of customary law in the Australian legal system

Summary notes from class discussion

Some additional notes from the readings:For

Koori Courts – English 2nd language for some indigenous people and therefore challenging in court – hard to assist in their defence, cannot understand proceedings, and cannot communicate well as a witness. Good alternative to courts.

Customary law has been in place for over 40,000 years Speed of resolving disputes – currently many months may pass between a crime committed against the victim and

police/court action. Customary law resolves disputes quickly Reflects values and beliefs of indigenous people Self-determination – aboriginal communities can control their own communities instead of being controlled by

outsiders Current system not working – portion of Aboriginal people in jail Only include non-violent forms of tribal law Could be optional for indigenous people Young indigenous people ignorant of the law (constant changes in NT laws) Take traditional law and customs into account when deciding a case/punishment English law / punishment might be culturally inappropriate (for example bail conditions)

Against Confusion for indigenous and non-indigenous about both laws and how they apply to individuals Customary law not written down and different for each tribe – how can that work? Tribal punishment – some aspects promotes violence. Not what it used to be – revenge attacks bear no resemblance

to traditional system of punishment Not all indigenous people believe in / practice customary law Challenge in educating non-indigenous about customary law therefore perception of differential treatment (different

level of punishment within Australia depending on whether you are indigenous or non-indigenous) Magistrates previously releasing people on bail to face tribal punishment therefore some magistrates now not

releasing them (holding accused on remand) to protect them from payback