Civics & Citizenship · Year 7

Active learning ideas

Indigenous Customary Law and Australian Law

Active learning works for this topic because students need to experience the tension between oral traditions and written laws firsthand. By moving beyond textbooks, they confront misconceptions while developing respect for diverse legal systems. This approach builds empathy and critical thinking about justice and reconciliation.

• ACARA Content Descriptions
• AC9C7K04

• 35–50 min
• Pairs → Whole Class
• 4 activities

Activity 01

• Jigsaw
• 50 min · Small Groups

Jigsaw: Legal Relationships

Divide class into expert groups to research one aspect: historical conflicts, native title cases, current recognitions, or jurisdictional challenges. Each group prepares a 2-minute summary with visuals. Regroup into mixed teams to share and synthesize findings into a class timeline.

Analyze the historical and contemporary relationship between Indigenous customary law and Australian common law.

Facilitation Tip

For the Jigsaw Research, assign each group a specific case or legal principle to investigate, then have them teach their findings to peers using visual organizers.

What to look for

Pose the question: 'Imagine you are a mediator in a remote community where a dispute involves both customary law and Australian law. What are the first three questions you would ask to understand the situation from both perspectives?' Facilitate a class discussion on their responses.

• Understand
• Analyze
• Evaluate
• Relationship Skills
• Self-Management

Activity 02

• Case Study Analysis
• 45 min · Small Groups

Role-Play: Customary Law Scenario

Assign roles as community elders, lawyers, judges, and police in a simulated dispute over land use. Groups act out the scenario twice: once ignoring customary law, once integrating it. Debrief with reflections on outcomes.

Evaluate the challenges and opportunities for recognizing customary law within the Australian legal framework.

Facilitation Tip

During the Role-Play, provide students with a script framework but allow them to improvise based on their research to reflect authentic community interactions.

What to look for

Provide students with a short case study describing a hypothetical legal issue in a community where Indigenous customary law is relevant. Ask them to write two sentences identifying which legal system might apply and one potential conflict between the two.

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

Activity 03

• Gallery Walk
• 40 min · Pairs

Policy Proposal Gallery Walk

In pairs, students draft a one-page policy for recognizing customary law, addressing challenges and benefits. Display posters around the room for a gallery walk where pairs add feedback sticky notes. Revise based on peer input.

Construct a policy proposal for a just approach to legal pluralism in Australia.

Facilitation Tip

In the Policy Proposal Gallery Walk, place draft proposals at stations and have students leave sticky-note feedback that must reference both legal systems.

What to look for

On an index card, ask students to write one similarity and one difference between Indigenous customary law and Australian common law. They should also write one example of a situation where recognizing customary law might be important.

• Understand
• Apply
• Analyze
• Create
• Relationship Skills
• Social Awareness

Activity 04

• Case Study Analysis
• 35 min · Pairs

Debate Carousel: Recognition Arguments

Set up four stations with prompts on challenges and opportunities. Pairs rotate, spending 5 minutes arguing pro or con at each, recording key points. Conclude with whole-class vote and justification.

Analyze the historical and contemporary relationship between Indigenous customary law and Australian common law.

Facilitation Tip

For the Debate Carousel, rotate groups every 5 minutes to ensure all students engage with multiple perspectives before voting on the strongest arguments.

What to look for

Pose the question: 'Imagine you are a mediator in a remote community where a dispute involves both customary law and Australian law. What are the first three questions you would ask to understand the situation from both perspectives?' Facilitate a class discussion on their responses.

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

A few notes on teaching this unit

Start with a clear timeline activity to establish continuity of customary law, avoiding the pitfall of teaching it as a historical artifact. Use comparative tables to scaffold understanding of legal differences, ensuring students don’t conflate oral traditions with lack of structure. Research shows that peer teaching and role-playing increase retention of complex ideas like legal pluralism.

Successful learning looks like students confidently comparing customary and Australian law through role-plays and discussions. They should articulate overlaps and conflicts, using evidence from sources they’ve evaluated. End-of-activities show nuanced understanding, not just memorized facts.

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Watch Out for These Misconceptions

• During Jigsaw Research: Indigenous customary law is not valid because it is unwritten.

  During Jigsaw Research, provide each group with the Mabo decision and a transcript of an oral agreement from a native title case. Have students compare how validity is established in each system by annotating the documents for evidence of community recognition.

• During Role-Play: Customary law always conflicts with Australian law and cannot coexist.

  During Role-Play, give students a scenario where both legal systems could apply, such as a land-use dispute. After the role-play, facilitate a debrief where groups map overlaps and conflicts on a Venn diagram to visually demonstrate coexistence.

• During Policy Proposal Gallery Walk: Customary law ended with colonization.

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Methods used in this brief

• Jigsaw
• Case Study Analysis
• Gallery Walk