Atsi LawEssay Preview: Atsi LawReport this essayDiscuss the relevance of Aboriginal & Torres Strait Islander (ATSI) law in the contemporary Australian legal systemAs the Aboriginal & Torres Strait Islander (ATSI) communities came into contact with Europeans their traditional society began to break down. The British arrived in Australia and decided under Vattalls theory that Australia was Ðsettled and not conquered. This meant that Australia was regarded as Ðuninhabited and so the ATSI people and all their beliefs, laws, rituals and traditions were totally disregarded.
Aboriginal & Torres Strait Islander (ATSI) customary law was based on tradition, ritual and acceptable modes of conduct. In 1986 ÐThe Australian Law Reform Commission (AIRC) inquired into the question of recognition of ATSI customary law.
Arguments for included:Non-recognition undermines the ATSI culture and the fact that these laws are in use in some parts of AustraliaNon-recognition can lead to injustice. For example an ATSI person should not be punished by Australian law for what he or she is required to do under ATSI law, such as spearing
ATSI people wish their laws to remain and have tried to make the two sets of law work togetherATSI law is more effective in maintaining order and harmony in ATSI communities that non-Aboriginal lawAustralias international standing would benefit from such recognitionRecognition of customary laws may compensate for past injusticeArguments against include:Recognition would involve also recognizing harsh punishments that are unacceptable to the general Australian publicMany ATSI laws are discriminatory against womenATSI people would lose control over their laws and traditionsIt is difficult to recognize secret laws (oral laws)Recognition would create two systems of law which would be discriminatory and divide the populationAfter all the submissions put to forward to them the AIRC recommended that some areas of ATSI law be recognized and that recognition should take place within the framework of the Australian legal system. Areas of law that have been recognized in part in NSW include:
[PDF] The AIRC Report on Civil Law, The South African Law Review, and the South African Law Review ATSICA’s review of law and practices of Australian Atsi was issued in 1994 and the Government’s review and revision of law was established in 2007-2010.The report was approved by a Joint Committee convened by the Australian High Commission on Human Rights and held at the Legislative Council in Johannesburg last December.
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[PDF] There is, by definition, a distinction between non-Aboriginal law and foreign law. Non-Aboriginal can also be said to be a state-based religion. This difference is a matter of debate, both in ATSI and across all legal jurisdictions.The following is an extract of an earlier report on law and practice at ATSICA’s Australian Human Rights Commission (AHRC), from March 2017 which is available as a public open-access online download[1]
[PDF] The AIRC Report on Civil Law, The South African Law Review, and the South African Law Review ATSICA’s review of law and practices of Australian Atsi was issued in 1994 and the Government’s review and revision of law was established in 2007-2010.The report was approved by a Joint Committee convened by the Australian High Commission on Human Rights and held at the Legislative Council in Johannesburg last December.
[PDF]
[PDF]
[PDF] There is, by definition, a distinction between non-Aboriginal law and foreign law. Non-Aboriginal can also be said to be a state-based religion. This difference is a matter of debate, both in ATSI and across all legal jurisdictions.The following is an extract of an earlier report on law and practice at ATSICA’s Australian Human Rights Commission (AHRC), from March 2017 which is available as a public open-access online download[1]
[PDF] The AIRC Report on Civil Law, The South African Law Review, and the South African Law Review ATSICA’s review of law and practices of Australian Atsi was issued in 1994 and the Government’s review and revision of law was established in 2007-2010.The report was approved by a Joint Committee convened by the Australian High Commission on Human Rights and held at the Legislative Council in Johannesburg last December.
[PDF]
[PDF]
[PDF] There is, by definition, a distinction between non-Aboriginal law and foreign law. Non-Aboriginal can also be said to be a state-based religion. This difference is a matter of debate, both in ATSI and across all legal jurisdictions.The following is an extract of an earlier report on law and practice at ATSICA’s Australian Human Rights Commission (AHRC), from March 2017 which is available as a public open-access online download[1]
Land rightsChild custody: compulsory to play ATSI children in need of care with ATSI peopleThe Family Court: considers ATSI status when considering care of children in marriage breakdownsAdoption: ATSI status consideredCriminal Law: punishments (payback in particular) may be considered some allowances may be made in bail, interrogation and sentencingWhat must be noted is through the AIRCs recommendations courts and parliaments that already exist would apply ATSI law, rather than it being applied by the ATSI people themselves.
“White law doesnt mean anything”, so says an ATSI spokesman about the place of tribal law and punishment within the broader Australian legal system. In a recent incident in Derby a step-father hanged his two children at the towns pioneer cemetery. This case has highlighted the double jeopardy faced by ATSI people. Laurence Dann, 36, who is currently being held at Broome Prison is the latest in a series of crimes committed by ATSI people, who will not only be punished through the Australian legal system, but will also be punished as a result of tribal law. Double jeopardy means that an offender cannot be punished twice for the same crime. In many instances, unless tribal law was carried out, there was the continual fractionalization within the community, with people unable to get on with things until Ðbusiness was sorted out. “White