Customary law

This paper is intended to provide a broad summary of the approach of Australian courts to Aboriginal customary law in the areas of criminal law, civil law and family law. […]

This project commenced in late 2000 by the Law Reform Commission of Western Australia, arose from a proposal to investigate whether there may be a need to recognise the existence […]

This Final Report is intended to be read in conjunction with the Commission’s earlier Discussion Paper which provides greater detail in respect of the Commission’s initial consultation findings, its research […]

This project commenced in late 2000 by the Law Reform Commission of Western Australia, arose from a proposal to investigate whether there may be a need to recognise the existence […]

This brief examines the effectiveness of measures that aim to reduce non-violent offending by Indigenous people in Australia, New Zealand, Canada and the USA. Drawing on the literature available, the […]

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Authors: Douglas, Heather

In many Australian States and Territories the provocation defence has recently been the subject of law reform. In the Northern Territory, since the 1950s judgements of Kriewaldt J, Aboriginal people’s […]

This is one of a series of Background Papers that the Law Reform Commission of Western Australia has commissioned for the purposes of its reference on Aboriginal customary laws. The […]

This is one of a series of Background Papers that the Law Reform Commission of Western Australia has commissioned for the purposes of its reference on Aboriginal customary laws (Project […]

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This section of the report covers crime, safety and justice issues in Indigenous communities. The section discusses various models of cooperative justice, including the Koori Court in Victoria and circle […]

Circle sentencing for Aboriginal offenders was introduced in New South Wales on a trial basis at Nowra in February 2002. This article summarises the findings of a review and evaluation […]