National bench book on Aboriginal and Torres Strait Islander peoples and the legal system / Australasian Institute of Judicial Administration.

Sydney : The Australasian Institute of Judicial Administration Limited (AIJA), 2026.

203447

Aboriginal Australians -- Legal status, laws, etc -- Australia.

Torres Strait Islanders -- Australia.

Aboriginal Australians -- Legal status, laws, etc. -- Cases.

Indigenous peoples -- Case studies -- Legal status, laws, etc.

Preliminaries

1. Introduction

2. Background: first nations perspectives

3. Language and communication

4. Native title

5. Climate change

6. Indigenous cultural and intellectual property

7. Children and family law

8. Family, sexual and gendered violence

9. Criminal law

10. Racial discrimination

11. Human rights

12. Corporations

13. Australian consumer law

14. Judicial practice.

The National Bench Book on Aboriginal and Torres Strait Islander Peoples and the Legal System is an evolving resource for judicial officers and legal practitioners. It supports informed decision-making, evidence, legal procedure, professional practice, and the consideration of legal issues across federal and state legal systems. Led by the Jumbunna Institute for Indigenous Education and Research and developed through extensive consultation with key stakeholders, including Aboriginal and Torres Strait Islander legal professionals, and experts, the Bench Book brings together critical evidence, perspectives, and priorities relevant to Indigenous peoples’ engagement with Australia’s federal and state-based systems and laws. Grounded in Indigenous-led commentary, the Bench Book provides context, research, case law, evidence and practical guidance to support a deeper understanding of the experiences of Aboriginal and Torres Strait Islander peoples within Australia’s legal system. An Indigenous-Led Resource While this Bench Book represents an important contribution to legal practice, it is not intended to provide a singular or authoritative voice. This constraint recognises that Aboriginal and Torres Strait Islander peoples and communities hold the authority, rights, and responsibilities to speak to their own experiences, knowledge, and perspectives. Instead, the Bench Book has been developed from an Indigenous standpoint that privileges Indigenous ways of knowing, being, and doing. It draws on the expertise of a specialist team with extensive experience working alongside Indigenous communities and seeks to elevate critical evidence and issues relevant to Aboriginal and Torres Strait Islander peoples engaging with the Australian federal and state-based legal systems and laws. Key Themes Although each chapter can be read independently, several core themes underpin the Bench Book: Recognising the authority and expertise of Aboriginal and Torres Strait Islander individuals and communities. Valuing Indigenous ways of knowing, being, and doing. Identifying, responding to and interrogating harmful ideologies, practices and processes that maintain power imbalances. Supporting approaches that work within and towards a self-determination framework that recognises and actively supports Indigenous agency. Together, these themes encourage legal practitioners and judicial officers to engage with Indigenous perspectives in ways that are respectful, informed and support the equal access of justice for all. - taken from introduction.

Open access

9781875527618

1 online resource (x, 1171 pages) ; PDF