Australian Courts Considering Aboriginality Case Summaries Project

Background to the project

The laws, cultural practices and knowledge-systems of Australia’s First Peoples continue to exist and evolve. At times there is tension between an Indigenous person’s obligations under ‘customary’ law and their duties under mainstream Australian law. In addition, most Indigenous people continue to be affected by discrimination and severe socio-economic disadvantage. These complex issues are increasingly being considered by Australian courts when an Indigenous person has been convicted of a criminal offence and an appropriate sentence must be determined.

Aim of the project

The aim of the AUCCAS project is to create a publicly-accessible online database (available on AustLII) of case summaries which catalogue and analyse Australian courts’ varying approaches to Indigenous persons – their backgrounds, obligations under ‘customary’ law, cultural practices, kinship issues and other relevant factors. The scope of the initial phase of the project will be restricted to sentencing cases from the trial and appellate divisions of state and territory Supreme Courts over the past twenty years.

Purpose of database

This database has been designed, firstly as a clinical tool for Aboriginal and Torres Strait Islander Legal Services, as well as for other legal aid organisations, community legal centres and legal practitioners representing Indigenous clients. Secondly, the database will serve as a resource for policymakers, researchers, law students and community advocates.

Structure of database

The database will have three major components:

1.    Individual entry for each case.
2.    Category listings of the cases.
3.    Introduction to and instructions on how to use the database.

Time and resources allowing, the database will have a further two components:

4.    Brief literature review on each of the categories identified.
5.    Supplementary listing of selected decisions on relevant issues from overseas jurisdictions, together with a literature review.

Project milestones

Stage 1: Pilot project launched and initial research conducted.

Stage 2: Relevant cases identified, preliminary database set up, and initial case summaries drafted.

Stage 3: Case summaries standardised and uploaded to AustLII database. Current stage

Stage 4: AustLII database reviewed and updated.

Stage 5: AustLII database expanded nationally.

Stage 6: AustLII database maintained and set up as an ongoing resource.

Stakeholders

Aboriginal Legal Services (NSW/ACT): the lead organisation, providing direction and guidance on all aspects of the project, especially with aspects relating to legal practitioner needs and use of the database  www.alsnswact.org.au

Indigenous Law Centre: project coordinator, responsible for the development of the database, including staffing and academic review.

AustLII: online platform for public access of database and online technical support www.austlii.edu.au/au/cases/other/AUCCACS/

Other academics and practitioner: in coordination with ALS and ILC the project attracts and relies on the contributions and participation of relevant and interested legal practitioners and academics.

Current AUCCACS Advisory Group Members:

Alex Steel

Anne Healey

Dina Yehia SC

Julie Stubbs

Melanie Schwartz

Rebecca Mcmahon

Janet Manuell SC

Danielle Roth

Maggie Hall

Law students: the project coordinator role is filled by a senior UNSW law student and the Case Summaries Team is made up of law students from UNSW and other universities.


Call for volunteers for this project have closed. 

Contacts

For more information on this project, please contact the ILC: ilc@unsw.edu.au 

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