Description

From December 2000 to October 2006 the Law Reform Commission of Western Australia undertook a detailed inquiry into the recognition of Aboriginal law and culture in Western Australia. Over this period the Commission consulted with Aboriginal people, communities and organisations in all regions of the state. The Commission’s inquiry culminated in a comprehensive Final Report setting out 131 recommendations for reform of laws and policies and the practices of government agencies, police and courts.

The link provided is to all related reports which 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. Because these papers was produced to inform the Law Reform Commission of Western Australia’s Aboriginal customary law reference, the primary focus of the paper is the development of the common law position on customary law in Western Australia. Where there is no Western Australian precedent or where the law has been shaped by decisions of courts in other states or territories or by the High Court, the paper refers to relevant cases in all Australian jurisdictions, over the last 20 years.