ATSI In Australia Essay

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Aboriginal and Torres Strait Islander (ATSI) customary laws have been integrated into the modern Australian laws of today, and it affects both Australian and ATSI people. Federal and State legislation and the common law govern Australia, although many Indigenous people still follow their own customary law. This essay will look at the ways ATSI laws have been integrated and if this has happened because of society’s changing values. When the British came to Australia, they believed it was unoccupied land as they could not see any form of land ownership. Although, when the Australian law was created many ideas from ATSI laws were integrated. They were integrated through circle sentencing, youth conferencing and conciliation, mediation and arbitration. Only recently has there been any legal recognition of Aboriginal and Torres Strait Islander rights as the traditional landholders of Australia. Circle Sentencing is an idea that, in 2002, came from northern Canada. It relates to ATSI customary law because it has to do with the idea of reintergrative shaming where the accused has to face the victim and community so that they feel guilty about the crime committed. Circle sentencing is only for Aboriginals and is where representatives,…show more content…
Youth Justice Conferencing is a different option to punishing a youth in court. Like circle sentencing, this process comes from the idea of reintergrative shaming It is where the offender and those affected by the crime meet so that the offender understands that they are responsible for what happened and so that they understand the effect it had on other people. To arrange a youth conferencing, the offender must admit they are guilty. At the conference a mediator tries to help the child and their family, and also the victim and others affected by the crime decide on how the child is going to fix what they have

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