Civics & Citizenship · Year 7

Active learning ideas

The Court Hierarchy in Australia

Active learning builds empathy and deep understanding of complex legal systems by engaging students in real-world applications. For this topic, students need to visualize how Indigenous customary law operates alongside mainstream courts, not just memorize names of court levels. Collaborative tasks and visual comparisons help students grasp the practical differences between these legal frameworks.

• ACARA Content Descriptions
• AC9C7K04

• 25–45 min
• Pairs → Whole Class
• 3 activities

Activity 01

• Inquiry Circle
• 45 min · Small Groups

Inquiry Circle: Circle Sentencing

Students research how 'Circle Sentencing' works in NSW or other states. In small groups, they create a comparison chart showing how it differs from a standard courtroom in terms of who is present and the goals of the process.

Explain the hierarchy of courts in Australia and their respective jurisdictions.

Facilitation Tip

During the Collaborative Investigation on Circle Sentencing, assign each group a different case study to analyze so they can compare outcomes across jurisdictions.

What to look for

Present students with three hypothetical case scenarios (e.g., a minor theft, a dispute over a property boundary, a constitutional question). Ask them to write down which court level they believe would initially hear each case and why, referencing jurisdiction.

• Analyze
• Evaluate
• Create
• Self-Management
• Self-Awareness

Activity 02

• Think-Pair-Share
• 25 min · Pairs

Think-Pair-Share: Two Laws, One Land?

Present a scenario where a traditional cultural obligation conflicts with a modern Australian law. Students discuss in pairs how a judge might balance these two 'rights' and share their thoughts on what a fair outcome looks like.

Analyze the process of appeal through the court system.

Facilitation Tip

In the Think-Pair-Share activity, provide sentence starters on the board to guide students from personal reflection to structured discussion about legal duality.

What to look for

Facilitate a class discussion using the prompt: 'Imagine you are a judge in a local court and a defendant appeals your decision to a higher court. Explain the process of appeal and why this system of review is important for justice.'

• Understand
• Apply
• Analyze
• Self-Awareness
• Relationship Skills

Activity 03

• Gallery Walk
• 35 min · Pairs

Gallery Walk: Indigenous Legal Concepts

Display information about concepts like 'The Dreaming' as a source of law, kinship obligations, and land stewardship. Students move in pairs to identify how these concepts provide order and justice in a community.

Justify the need for a structured court hierarchy in ensuring legal consistency.

Facilitation Tip

For the Gallery Walk of Indigenous Legal Concepts, label each poster with a guiding question such as 'How does this law maintain social harmony?' to focus student attention.

What to look for

On an exit ticket, ask students to draw a simple diagram showing at least three levels of the Australian court hierarchy. For each level, they should write one sentence explaining its role or jurisdiction.

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

A few notes on teaching this unit

Start by explicitly naming and confronting stereotypes about Indigenous law being 'lesser than' or 'backward'—this topic benefits from a strengths-based approach. Use analogies carefully: comparing customary law to common law can help, but avoid implying they are identical systems. Research shows that when students co-construct knowledge through structured dialogue and visual mapping, their retention of legal concepts improves significantly.

Students will demonstrate their understanding by explaining the role of circle sentencing, mapping legal diversity across First Nations groups, and critiquing how customary law interacts with Australia’s court hierarchy. Success looks like students using specific terminology correctly and justifying their reasoning with evidence from case studies or scenarios.

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Watch Out for These Misconceptions

• During the Collaborative Investigation on Circle Sentencing, some students may dismiss circle sentencing as 'just a talking circle' rather than a formal legal process.

  Use the case study handouts to show how circle sentencing involves Elders, victims, and offenders in structured processes with measurable outcomes like restorative agreements or community service.

• During the Think-Pair-Share activity on Two Laws, One Land?, students may generalize that all Aboriginal and Torres Strait Islander groups follow the same customary laws.

  Provide a map of language groups and ask pairs to locate where their assigned group lives, then identify one unique legal protocol from that region to share during the discussion.

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Methods used in this brief

• Inquiry Circle
• Think-Pair-Share
• Gallery Walk