Chief Justice condemns misuse of Aboriginal law to excuse violence
Northern Territory Chief Justice Michael Grant has condemned what he called the “bogus use” of customary law to justify domestic violence in Aboriginal communities, warning that misrepresentations undermine both cultural integrity and justice.
Speaking at a legal forum hosted by the Piddington Society, Justice Grant said that despite a federal ban introduced nearly two decades ago, some legal arguments continued to rely on distorted notions of Aboriginal law. He stressed that authentic First Nations law does not condone violence against women.
“The repeated suggestion that cultural traditions somehow endorse violence is false and damaging,” he told the audience.
“It is an affront to the dignity of Aboriginal women and to the authority of Elders who have consistently denounced such behaviour.”
Justice Grant’s remarks followed the conclusion of a lengthy coronial inquest into the deaths of four Aboriginal women in the Top End. Findings revealed that Aboriginal women account for 93 percent of domestic violence victims in the Northern Territory, with 90 percent of incidents linked to alcohol consumption.
The Chief Justice pointed to “jealousing,” a term referring to jealousy-related violence often described in community settings, as a recurrent theme in domestic abuse cases. He emphasised that traditional law was being mischaracterised when used as justification in such circumstances.
“Customary law is not a licence for abuse,” he said. “Elders have long rejected these distortions. The late James Gaykamangu, among others, made clear that true law is about balance, responsibility and community protection.”
The federal government banned the use of customary law in criminal sentencing in 2006 following national debate about violence in Aboriginal communities. Critics, however, argue that enforcement has been inconsistent and that stereotypes about Aboriginal culture persist in courtrooms.
Advocates said the Chief Justice’s comments were timely. Priscilla Collins, chief executive of the North Australian Aboriginal Justice Agency, said the remarks reinforced what communities had argued for years. “Our women should never be told that violence against them is culturally acceptable. It never was,” she said.
The issue of domestic violence in the NT has been described as a crisis. A 2024 Australian Bureau of Statistics report found Indigenous women in the Territory were 32 times more likely to be hospitalised for assault than non-Indigenous women. Health experts link these figures to overcrowded housing, high unemployment and limited access to support services in remote communities.
Women’s legal centres also welcomed Grant’s statement. “It puts beyond doubt that cultural excuses cannot be tolerated,” said Antoinette Carroll, director of the Darwin Aboriginal and Torres Strait Islander Women’s Legal Service. “But we must also see real investment in prevention, shelters and culturally safe responses.”
The NT Government announced in June that it would allocate an additional $18 million over three years to family violence prevention programs, including community-controlled crisis centres. Critics, however, argue that demand continues to outstrip available services.
justice Grant also warned that criminal justice reforms alone would not be sufficient. “The courts can only respond after harm has been done. We need community-led solutions that stop violence before it occurs,” he said.
The Federal government has committed to including family violence measures in the next round of Closing the Gap targets, expected to be released later this year.
