This is a general guide to help you research Indigenous Law in Australia. For Comparative Indigenous Law on specific jurisdictions, see also:
Indigenous law often involves human rights and discrimination law. To research Indigenous peoples in the context of human rights law, see:
This research guide was compiled in consultation with members of the Indigenous Law and Justice Hub at Melbourne Law School, which are on the lands of the Wurundjeri people of the Kulin Nations, Traditional owners of the land on which we learn.
This research guide is a “work in progress” and we welcome your comments and suggestions.
The Council of Australian Law Deans (CALD) in December 2020 made a statement on Australian Law’s Systemic Discrimination and Structural Bias Against First Nations Peoples.
"CALD acknowledges the part that Australian legal education has played in supporting, either tacitly or openly, the law’s systemic discrimination and structural bias against First Nations peoples. At the same time, CALD affirms the positive contribution Australian law schools can, should and will make, in full partnership with First Nations peoples, in exposing, critiquing and remedying all forms of institutionalised injustice."
Source: https://law.unimelb.edu.au/news/iljh/cald-statement
This guide is a start to make change at the MLS.
Australia as a nation is at a crucial moment, we have a chance to set the structures for recognising, respecting and truly listening to First Nations Peoples and setting a standard that we all can be proud off.
It starts with us!
Eddie Cubillo, Director, Indigenous Law and Justice Hub
The study of Indigenous or Aboriginal law includes:
A note on terminology when researching Indigenous law: 'Indigenous' is a generic term, as are First Peoples and Aboriginal/Aborigine. Terminology also changes over time. Remember to use additional variants depending on the jurisdiction you are researching. For example: