Criminology Research Council grant ; (5/84)
Since the proclamation of the Aboriginal Communities Act 1979, various Aboriginal communities in the north-west of Western Australia have been participating in the administration of justice within the framework of the Act. Essentially, the Act makes provision for the independent and responsible management of judicial matters in these Aboriginal communities.
Fieldwork was carried out over a six-month period in seven communities in the Kimberley region of Western Australia. The primary aim of the research was to determine whether the JP scheme had reduced the rate of imprisonment of participating communities. In addition the project aimed to identify any discrepancies between the concept and operation of the Act, and to determine if the operation of the Act had caused changes in the social structure of the participating communities.
The Aboriginal JP scheme has developed serious difficulties since it began in 1980. This has been due to a number of factors. The cultural differences between Aboriginal and non-Aboriginal society have not been fully taken into account in the implementation of the JP scheme and this has resulted in conflict. This is undermining the effectiveness of both Aboriginal and non-Aboriginal justice systems.
The report of this project, which provoked considerable discussion among magistrates and law reformers, proposed that either the Aboriginal J.P. scheme be abandoned or the Aboriginal Communities Act be amended to provide some degree of recognition to tribal law. The latter option, which was favoured by the writer, would allow tribal sanctions to be applied and traditional arbitration to be the norm.
The project was jointly funded by the Council and the Western Australia Prisons Department.