Aborignial customary law Flashcards Preview

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Flashcards in Aborignial customary law Deck (10):

When was the issue investigated?

In 1986 by Australian law reform commision for Aboriginal people in tribal conditions


What were the issues found incorporating ACL?

prob of unacceptable rules and punishments
secret aspects of ACL
Neet to protect A. women
ACL laws now changed since britich, not same/as clear
Law & order probs in A. communitiies


what did they do ?

Created circle sentencing where if A. person pleads guilty the circle has full sentencing power of courts and involves person in process to make more meaningful experience


Where is customary law used?

in Nsw and many other states


Why did they choose this?

to attempt to integrate ACL into Oz law


How else do they integrate ACL?

In some cases, judges consider what trdational punishments would have been and how it would apply


What is public law?

affects all of society
governs conduct of gov and pub administration institutes
involves disputes between person and state


what are some examples of of public law?

Criminal law= offences against person / state
Administrative law=involves gov agencies & regulatory authorities
Constitution law=relationship btw states and each other and fed gov and protection of citizens
Enviro law=issues affecting air qualtiy, land, waterways and protects wildlife
Industrial law=issues affecting employers and employees


What is private law?

affects individuals/ companies
involves disputes betw citizens and legal entities


What are some egs of private law?

Contract law=governs creation, performance, breaches, remedies in contracts
Tort law=for damages from civil(non intentional) wrondoings
Property law=ownership and sale, incl intellectual property
Family law=a fed law relates to all aspects of fam life
Probate law=divisoin of person's assets after death