The ALRC and the Royal Commission shall together be referred to as "the Commissions". The ALRC inquiry extended beyond criminal law into areas including family law and natural resources (hunting, fishing etc.) 2 See 1.1 The ALRC and the Royal Commission below. 5 See 1.2 International Human Rights Law and Aboriginal Interaction with the Criminal Justice System o f the Northern Territory: the Case fo r a Reassessment at page 32 4 See 1.3 Sources o f Law in the Northern Territory at page 47. 12

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... The ALRC and the Royal Commission (a) The ALRC (i) Terms of Reference and Recommendations In February 1977 the ALRC was directed to inquire into whether the criminal law should be amended to have regard to Aboriginal customary law. After nine years of issues papers, discussion papers and public hearings, the ALRC published a two volume report in which it concluded that customary law was "a real force, influencing or controlling the acts and lives" of many Aborigines and that the arguments for a measure of recognition of customary law were compelling.3 * * The failure to recognise customary law would undermine the influence of customary law and culture in Aboriginal communities with consequent adverse effects on community, political and social structures.6 The ALRC recommended that the Commonwealth Government implement legislation, to apply in the States and Territories, amending the law concerning criminal liability, sentencing, evidence and procedure in a number of specific ways. Further to this recommendation, the A LR C Report (1986) included a draft Aboriginal Customary Laws (Recognition) Bill 1986.7 This "functional approach" to recognition reflected the Commission's conclusion that amendment to specific legislation was the preferable means of recognition of Aboriginal law compared to alternatives such as codification of customary law or a general privileging of Aboriginal law over the criminal law.8