18.7
Exercise
Learning pathways LEVEL1 1, 2, 3
LEVEL2
LEVEL3
4, 5, 7, 9
6, 8, 10
REMEMBER AND UNDERSTAND 1. Customary law refers to the guidelines for behaviour that were developed by British courts / Aboriginal and Torres Strait Islander peoples / Australian courts . 2. Identify how elders are involved in the administration of justice in cases involving young Aboriginal and Torres Strait Islander offenders in Victoria. A. They are never involved. B. They act as lawyers for the offender. C. They keep the offender in their custody until sentencing.
D. They participate in determining the punishment handed down to the offender. 3. Identify an example of legislation that recognises customary law in Australia. A. The Northern Territory Sentencing Act
B. The Constitution of Australia Act C. The Racial Discrimination Act D. Sex Discrimination Act 4. Explain why it is difficult to codify customary law.
5. Summarise why many politicians and lawmakers in the early years of colonisation and federation did not understand that Aboriginal and Torres Strait Islander Peoples had incredibly detailed customary laws that governed their societies. ANALYSE AND APPLY 6. Read the case study Court imposes customary punishment. Outline the way in which the judge incorporated customary law into the sentence imposed on Mr Walker. 7. Identify two reasons for recognising customary law as part of Australia’s legal system. EVALUATE AND COMMUNICATE 8. Consider whether new courts should be established to reflect the traditional laws of other ethnic or religious groups in Australia. For example, consider whether an Islamic court should be established so that Muslim offenders could be sentenced according to sharia law. State one argument for or against this idea. 9. Recall as many reasons as you can to explain why Aboriginal and Torres Strait Islander Peoples find customary laws significant. 10. If there is a conflict between Aboriginal and Torres Strait Islander Peoples’ law and laws legislated by
parliament, explain which should apply. Justify your point of view. Answers and sample responses for this topic are available online.
554 Jacaranda Humanities Alive 8 Victorian Curriculum Third Edition
Made with FlippingBook interactive PDF creator