Aboriginal Customary Law

Recognition Of Aboriginal Customary Law 1.0         Consideration of Basic Questions On the 9th February 1977, the then Federal Attorney-General, Mr RJ Ellicott QC, referred to the Australian Law Reform agency question: Whether it would be desir equal to(p) to apply either in whole or in part Aboriginal accustomed law to Aboriginies, either gener eithery or in fussy areas or to those living in tribal conditions only.

The Terms of refer went on to specify particular questions ? namely, whether existing courts should be able to apply Aboriginal customary law to Aboriginies, and whether Aboriginal communities should stir the power to apply their customary laws and practices in the revengement and replacement of Aboriginies. These questions are not new. One hundred and forty days earlier, the British House of Commons hire Committee on Aboriginies had stated that to require from Aboriginies ?The observation of our laws would be absurd and to punish their non-observance of them by severe penalties would be palpably unjust?.

unless these views were not reflected in the actual recommendations of the House of Commons Select Committee, nor in subsequent policy decisions.

Indeed in the very(prenominal) year, the Colonial Office had directed the governor of New confederation Wales to ensure that all Aboriginies within his jurisdiction were to be case-hardened as British subjects.



Aboriginies and non-Aboriginies were to be governed by the one, introduced, law.

?I would submit, therefore, that it is necessary from the moment the Aboriginies of this country are declared British subjects they should, as far as possible, be taught that the British laws are to follow their own, so that any native, who is suffering under their own customs, may have the power of an appeal to those of Great Britain, or, to put this in it?s true light, that all authorised persons should in all instances be required to...

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