Ms SCRYMGOUR - 2002-10-16
What is the government’s attitude in respect to customary law?
ANSWER
Madam Speaker, this is a very important question, particularly in the light of the totally irresponsible piece in the NT News by Col Newman. It was a gross misrepresentation of our government’s position on customary law which we have made very clear in the last few days. I thought it was very important today to put on record a succinct statement of what our position is regarding the position on customary law within the Northern Territory.
I will read from the preamble of the Inquiry into Customary Law which is currently being set up, and this is very clearly what our government thinks of this:
There are many parts of statutory and common law in the Northern Territory, as well as in other state, territory and
Commonwealth jurisdictions, that incorporate or take into account elements of Aboriginal customary law.
Aboriginal law is commonly misunderstood in relating primarily to issues of punishment and payback and its interface with
the Northern Territory Criminal Code. This is simply untrue. Aboriginal law encompasses an extremely broad and complex
set of rules and unwritten legislation governing social relationships, economic rights, land ownership, wildlife conservation,
land management and intellectual property rights.
It is the view of the Northern Territory government that, in accordance with Australian and international law, Aboriginal
customary law should be recognised consistent with universally recognised human rights and fundamental freedoms.
It is for this reason that the Northern Territory government affirms that the Northern Territory Criminal Code applies to all citizens
of the Northern Territory without exception. This means that the Northern Territory government does not condone any of the crimes
in that Code, including but not limited to murder, manslaughter, dangerous act, rape, incest, carnal knowledge, kidnap, assault or theft.
The Northern Territory government believes there is much value in supporting and sustaining Aboriginal customary law, and that
the knowledge contained in Aboriginal customary law can be of mutual benefit to all citizens in the Northern Territory as well as
its custodians.
ANSWER
Madam Speaker, this is a very important question, particularly in the light of the totally irresponsible piece in the NT News by Col Newman. It was a gross misrepresentation of our government’s position on customary law which we have made very clear in the last few days. I thought it was very important today to put on record a succinct statement of what our position is regarding the position on customary law within the Northern Territory.
I will read from the preamble of the Inquiry into Customary Law which is currently being set up, and this is very clearly what our government thinks of this:
There are many parts of statutory and common law in the Northern Territory, as well as in other state, territory and
Commonwealth jurisdictions, that incorporate or take into account elements of Aboriginal customary law.
Aboriginal law is commonly misunderstood in relating primarily to issues of punishment and payback and its interface with
the Northern Territory Criminal Code. This is simply untrue. Aboriginal law encompasses an extremely broad and complex
set of rules and unwritten legislation governing social relationships, economic rights, land ownership, wildlife conservation,
land management and intellectual property rights.
It is the view of the Northern Territory government that, in accordance with Australian and international law, Aboriginal
customary law should be recognised consistent with universally recognised human rights and fundamental freedoms.
It is for this reason that the Northern Territory government affirms that the Northern Territory Criminal Code applies to all citizens
of the Northern Territory without exception. This means that the Northern Territory government does not condone any of the crimes
in that Code, including but not limited to murder, manslaughter, dangerous act, rape, incest, carnal knowledge, kidnap, assault or theft.
The Northern Territory government believes there is much value in supporting and sustaining Aboriginal customary law, and that
the knowledge contained in Aboriginal customary law can be of mutual benefit to all citizens in the Northern Territory as well as
its custodians.
Last updated: 09 Aug 2016