Brough Moves On Customary Law

The Leader of the Opposition, Jodeen Carney, said today she was pleased that her calls to remove customary law from Courts’ considerations when sentencing violent offenders had finally been heard.

“Last week, I wrote to the Federal Attorney-General, Phillip Ruddock, advising him that the Territory’s Government’s objection to removing customary law was based on a claim that it would offend the Commonwealth Racial Discrimination Act. I asked Mr Ruddock to consider that claim, and if it was the case, then I urged him to amend the Act. This would mean an end to Labor’s objection to removing customary law from sentencing”, Ms Carney said.

The Labor Government has twice rejected Bills Ms Carney has introduced that sought to remove customary law from the sentencing process; once in 2003, and again in March this year.

“Labor’s objections have changed over the years. In light of the current national debate, it’s appropriate that this issue be raised as part of a range of measures that Governments can address in an attempt to tackle Aboriginal violence. It also shows why Clare Martin should attend the summit called by Minister Mal Brough”, Ms Carney said.

Ms Carney said she had spoken to her federal colleagues about customary law, and is pleased to see it on the agenda for the summit.

“I am looking forward to action finally being taken to address this situation.

“I will meet with Federal Minister Philip Ruddock in Darwin on Friday and we can finalise what needs to be done in the Territory. Subject to his advice on Labor’s most recent objection to remove customary law, I plan to introduce a third Bill in the next sittings. I hope that the national debate, as well as support from the Federal Government, and Federal Labor President Warren Mundine, will move members of Territory Labor to do the right thing.

“There is no doubt that cultural laws, or customary law, are used as a shield behind which violent Aboriginal men hide in order to reduce or excuse their criminality and the punishments handed down by the Courts. How can Clare Martin and others argue in support of it?” Ms Carney said.

2006-05-23