Australian Aboriginal customary law


Australian Aboriginal customary law, or customary law in Australia, relates to the system and practices among Aboriginal Australians which have developed over time from accepted moral norms in Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with the land and with each other, through a system of relationships.
The words "law" and "lore" are commonly used interchangeably: "law" was introduced by the British, whereas "lore" relates to the customs and stories from the Dreamtime, which has been passed on through countless generations through songlines, stories and dance. Learned from childhood, lore dictates the rules on how to interact with the land, kinship and community. Customary laws are passed on by word of mouth and are not codified. In addition, they are not singular throughout Australia — different language groups and clans have different concepts of customary law, and what applies within one group or region cannot be assumed to be universal.
Historically, customary law has not been recognised as part of the canon of Australian law. But, since the late twentieth century, the Australian Law Reform Commission and the Law Reform Commission of Western Australia have written extensive reports investigating the desirability of recognising the role of customary law in legal situations involving Aboriginal Australians. In the Northern Territory, some statutes and courts make explicit reference to customary law where such is useful in identifying relationships or social expectations. These changes have sometimes been controversial, especially in cases where customary law is imprecise or infringes upon human rights.

Regional examples

Arnhem Land

The complete system of customary law of the Yolngu customary law is the "Madayin", which embodies the rights and responsibilities of the owners of the law, or citizens. As well as the objects that symbolise the law, oral rules, names and song cycles, and the sacred places that are used to maintain, develop and provide education in the law. ROM and its accompanying ceremonies are concepts and practices shared by the neighbouring Anbarra people, also in Arnhem Land.