ATSI Customary Law

Question 1

customary laws

Answer 1

• no set definition for the concept of customary law

- ATSI people developed a complex customary legal system that changes depending on each tribe

Question 2

key features of ATSI customary law

Answer 2

→ orally based
→ family and kinship ties
→ based on rituals and traditions
→ agreement on law throughout the whole group

Question 3

significance of land and water

Answer 3

• in ATSI customary law land is collectively owned
  → central to culture and forms the basis of their religious beliefs and law
• bodies of water hold special significance

Question 4

kinship

Answer 4

determines how people relate to each other and their roles, responsibilities and obligations in relation to one another, ceremonial business and land.

Question 5

family and kinship importance

Answer 5

• Inclusion of family and social relationships

→ helps non-indigenous Australians to understand the centrality of communities to ATSI peoples

Question 6

rituals

Answer 6

rituals each clan produced came from various interpretations of the Dreamtime

Question 7

oral traditions

Answer 7

→ can be misinterpreted or forgotten
→ modified over generations
→ the law was ignored when it had changed to the point that it was unrecognisable

Question 8

mediation

Answer 8

impartial third party assists in resolving conflict through the use of communication and negotiation

Question 9

sanctions

Answer 9

threatening penalty for disobeying the law

Question 10

types of sanctions used

Answer 10

• revenge
• trial by ordeal
• inquest
• fighting, insulting, social ridicule and isolation

Question 11

relevance to contemporary Australian law

Answer 11

there are great differences between the modern Australian legal system and ATSI customary law however there have been attempts of inclusion of
ATSI perspectives

Question 12

circle sentencing

Answer 12

the process by which community leaders and a magistrate together decide on a punishment for offenders

Question 13

circle sentencing strengths

Answer 13

→ an element of aboriginal tradition and originality
→ an element of cultural shaming is significant
→ reduces barriers between Aboriginal communities and the courts
→ improves confidence in the sentencing process

Question 14

Youth Koori Court

Answer 14

• established in response to the significant over-representation of Aboriginal young people in the criminal justice system
• has the same powers as the Children’s Court but uses a different process to better involve ATSI young people in the court process

Question 15

Youth Koori Court Plan

Answer 15

Action and support plan is developed with the young person to help them to address risk factors and improve connections with their culture and their community