Activity 01
Inquiry Circle: Circle Sentencing
Small groups research 'Circle Sentencing' in Australia, where Elders and magistrates work together. Groups create a poster explaining how this combines Western and Customary law to help the community.
Explain the different levels of courts in Australia and their respective functions.
Facilitation TipDuring Circle Sentencing, sit in a circle with students and model respectful listening by having them pass a talking piece, ensuring every voice is heard before moving to the next speaker.
What to look forPresent students with a list of case types (e.g., a speeding ticket, a dispute over a $500 debt, a murder trial, a challenge to a federal law). Ask them to write down which court level they think would most likely hear each case and why.
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Activity 02
Think-Pair-Share: Rules for the Land
Students think about a rule they have at home for taking care of a garden. They pair up to discuss how ancient laws about taking care of Country might differ from modern property laws, then share with the class.
Analyze why a hierarchical court system is necessary.
Facilitation TipThink-Pair-Share works best when you give a strict 2-minute timer for pairs to discuss, then call on random pairs to share, preventing dominant students from answering first.
What to look forPose the question: 'Imagine a new law is passed, and people disagree on what it means. Which court would be the final place to decide its meaning, and why is it important that only one court has this ultimate power?' Facilitate a class discussion focusing on the High Court's role and the concept of legal certainty.
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Activity 03
Gallery Walk: Indigenous Legal Concepts
Display cards with concepts like 'Kinship', 'Stewardship', and 'Elder Authority'. Students rotate to write down how these concepts might influence a community's rules compared to written statutes.
Compare the types of cases heard in different courts.
Facilitation TipFor the Gallery Walk, assign each student a colored sticker to place next to one Indigenous Legal Concept they find most interesting, creating a visual map of class engagement.
What to look forOn a small card, ask students to draw a simple diagram showing three levels of Australian courts. They should label each level and write one sentence describing the main type of case heard at the lowest level and one sentence describing the main role of the highest court.
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Generate Complete Lesson→A few notes on teaching this unit
Start by framing customary law as a living system rather than a historical artifact, using modern examples like Native Title cases or community justice programs. Avoid framing the comparison as one system being 'better' than the other; instead, focus on how they serve different purposes. Research shows students retain these concepts better when they see real cases and hear directly from community voices, even if those voices are recorded or written accounts.
Successful learning looks like students confidently explaining the roles of local, state, and federal courts, and how they relate to land rights or community justice. They should also compare how Western law and customary law handle similar issues, showing respect for both systems in their discussions and work.
Watch Out for These Misconceptions
During Circle Sentencing, watch for students who dismiss customary law as irrelevant because it doesn’t use written rules like Western law.
During Circle Sentencing, pause the discussion when this comes up and ask students to share examples of how oral traditions or kinship systems still guide decisions in their own lives or communities.
During Think-Pair-Share, listen for students who assume customary law and Western law always agree on what justice looks like.
During Think-Pair-Share, provide a prompt like, 'What if a community wants to heal the land after an offense, but Western law says the offender must go to prison?' Have pairs discuss how these goals might conflict.
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