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Home / Publications / Recognition of Aboriginal Customary Laws (ALRC Report 31) / 8. Aboriginal Customary Laws: Recognition?

Recognition of Aboriginal Customary Laws (ALRC Report 31)
Terms of Reference
1. The Reference and its Background
2. The Commission’s Work on the Reference
3. Aboriginal Societies: The Experience of Contact
- Changing Policies Towards Aboriginal People
- Impacts of Settlement on Aboriginal People
4. Aboriginal Customary Laws and Anglo-Australian Law After 1788
5. Recognition of Aboriginal Customary Laws at Common Law: The Settled Colony Debate
- Recognition of Custom at Common Law
- The Settled Colony Debate
6. The Recognition of Aboriginal Customary Laws and Traditions Today
7. The Scope of the Report
8. Aboriginal Customary Laws: Recognition?
9. Discrimination, Equality and Pluralism
10. Ensuring Basic Human Rights
11. The Commission’s Approach
12. Aboriginal Marriages and Family Structures
13. The Recognition of Traditional Marriages: General Approach
14. Aboriginal Traditional Marriage: Areas for Recognition
15. The Protection and Distribution of Property
- Distribution of Property between Living Persons[2]
- Distribution of Property on Death
16. Aboriginal Customary Laws: Aboriginal Child Custody, Fostering and Adoption
17. Aboriginal Customary laws and the Criminal Justice System
18. Aboriginal Customary Laws and Substantive Criminal Liability
19.Aboriginal Customary Law Offences
20. Some Procedural Alternatives
21. Aboriginal Customary Laws and Sentencing
22. Criminal Investigation and Police Interrogation of Aborigines
23. General Issues of Evidence and Procedure
24. The Proof of Aboriginal Customary Laws
25. The Taking of Aboriginal Evidence
26. Other Methods of Proof: Assessors, Court Experts, Pre-Sentence Reports
27. General Principles
28. Dispute Settlement in Aboriginal Communities
29. Special Aboriginal Courts and Justice Schemes
30. Indigenous Justice Mechanisms in some Overseas Countries: Models and Comparisons
31. Local Justice Mechanisms: Options for Aboriginal Communities
32. Aborigines and the Police
33. Traditional Hunting, Fishing and Gathering Practices
34. Hunting, Fishing and Gathering Rights: Legislation or Common Law?
35. Aboriginal Hunting, Fishing and Gathering Rights: Current Australian Legislation
36. Securing Hunting, Fishing and Gathering Rights
37. Summary of Recommendations
38. Federal-State Issues
39. Implementation and the Future
- Consultation and Implementation
- The Report in Context

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18.08.2010

8. Aboriginal Customary Laws: Recognition?

In this section

Introduction
Arguments for the Recognition of Aboriginal Customary Laws
Arguments against the Recognition of Aboriginal Customary Laws
Summary of Arguments

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The Australian Law Reform Commission acknowledges the Traditional Owners and Custodians of Country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past and present.

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