The submissions outlined in para 93 supported this in particular cases. Commission staff visited Groote Eylandt for a third time in October 1985 to discuss this recommendation. There were also strong requests for the Magistrate's courts to take greater account of the views of the community, particularly in sentencing, and for hearings to take place within the community itself rather than in the nearby town. These latter issues are discussed elsewhere in this Summary Report, especially in Chapter 13. There are, however, disadvantages in making customary law matters offences against the general law.
Customary laws vary from community to community.
Actions permitted in one community might be outlawed in another. There would be difficulties in creating a general set of rules or prescriptions that could be agreed on by all communities. However the real danger lies not just in the fact that codification of customary laws is difficult or impractical. In the Commission's view it is undesirable in principle for the general legal system to seek to codify customary laws. This would deprive Aboriginal people of control over their law and would represent unwarranted intrusion into their lives.