Civics & Citizenship · Year 5

Active learning ideas

Aboriginal Customary Law: Principles

Active learning turns abstract legal principles into lived experience for students. When students enact customary law through storytelling or role-play, they move beyond memorization to grasp how these principles actually guide behavior and resolve conflicts in Aboriginal communities.

• ACARA Content Descriptions
• AC9HASS5K02

• 20–40 min
• Pairs → Whole Class
• 4 activities

Activity 01

• Socratic Seminar
• 35 min · Small Groups

Small Groups: Story Principle Hunts

Provide excerpts from Indigenous stories or Dreaming narratives. Groups identify and chart principles like respect for Country or kinship in action, then share one example with the class. Follow with a class vote on common themes.

Explain the key characteristics of Aboriginal customary law.

Facilitation Tip

During Story Principle Hunts, circulate and gently prompt groups to identify the moral or rule embedded in each story before they share with the class.

What to look for

Pose the question: 'Imagine a disagreement within your class. How might solving it using principles of customary law, like talking with everyone involved and seeking agreement, differ from how we usually solve problems?' Guide students to identify differences in focus and process.

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Activity 02

• Socratic Seminar
• 25 min · Pairs

Pairs: Law Comparison T-Charts

Pairs create T-charts listing three principles of customary law alongside Western law equivalents, such as consensus versus courts. Discuss similarities and differences, then add class examples to a shared wall chart.

Analyze how customary law maintains social order and resolves disputes within Indigenous communities.

Facilitation Tip

For Law Comparison T-Charts, demonstrate how to use a think-aloud to model the comparison process before students work in pairs.

What to look for

Provide students with a short scenario describing a community dispute. Ask them to write down two ways Elders or community members might use customary law principles to help resolve it, referencing terms like kinship or consensus.

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Activity 03

• Socratic Seminar
• 40 min · Whole Class

Whole Class: Consensus Role-Play

Present a community dispute scenario, like resource sharing. Students propose solutions, vote by consensus through discussion rounds, and reflect on how it differs from majority voting.

Compare the values underpinning customary law with those of Western law.

Facilitation Tip

In Consensus Role-Play, pause midway to publicly acknowledge positive communication moves students are making to reinforce the skill being practiced.

What to look for

On a slip of paper, students write one key difference between customary law and Western law they learned today. They should also list one practice from customary law that helps maintain peace in a community.

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Activity 04

• Socratic Seminar
• 20 min · Individual

Individual: Kinship Reflection Maps

Students draw maps of their family connections and rules, then note parallels to Indigenous kinship systems. Share voluntarily in a class circle to highlight shared human values.

Explain the key characteristics of Aboriginal customary law.

What to look for

Pose the question: 'Imagine a disagreement within your class. How might solving it using principles of customary law, like talking with everyone involved and seeking agreement, differ from how we usually solve problems?' Guide students to identify differences in focus and process.

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

A few notes on teaching this unit

Start with concrete examples before introducing theory. Research shows students grasp abstract legal concepts more deeply when they first experience them through narrative or role-play. Avoid overwhelming students with historical background before they’ve had a chance to engage with the principles themselves. Frame customary law as a living system that continues to evolve and influence modern Australia, not just a historical artifact.

Successful learning shows when students can explain customary law principles in their own words and apply them to scenarios beyond the classroom. Look for students who connect concepts like kinship and consensus to real community practices and dispute resolutions.

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Watch Out for These Misconceptions

• During Story Principle Hunts, watch for students who dismiss stories as 'just folklore' without recognizing the legal guidance embedded in them. Redirect by asking groups to locate the specific rule or principle each story teaches before moving on.

  Use the stories themselves as evidence. Have each group identify the principle in the story, then ask them to explain how that principle would guide behavior in a modern classroom dispute.

• During Consensus Role-Play, listen for students who frame the process as 'just talking until everyone agrees,' without understanding the structured nature of consensus decision-making. Redirect by stopping the role-play to highlight the turn-taking and listening protocols being practiced.

  Pause mid-role-play to explicitly name the consensus-building moves students are using, such as summarizing points or inviting quiet voices into the discussion.

• During Law Comparison T-Charts, watch for students who oversimplify customary law as 'no rules' because it isn’t codified in writing. Redirect by asking them to compare specific practices from both systems, such as how disputes are resolved.

  Have students fill the left column with examples from customary law practices they find in the stories or role-plays, then use these as evidence to counter the 'no rules' claim in their T-charts.

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Methods used in this brief

• Socratic Seminar