Family violence within Aboriginal communities continues to attract considerable scholarly, governmental and public attention in Australia. While rates of victimization are significantly higher than non-Aboriginal rates, Aboriginal women remain suspicious of the ‘carceral feminism’ remedy, arguing that family violence is a legacy of colonialism, systemic racism, and the intergenerational impacts of trauma, requiring its own distinctive suite of responses, ‘uncoupled’ from the dominant feminist narrative of gender inequality, coercive control and patriarchy. We conclude that achieving meaningful reductions in family violence hinges on a decolonising process that shifts power from settler to Aboriginal structures. Aboriginal peoples are increasingly advocating for strengths-based and community-led solutions that are culturally safe, involve Aboriginal justice models, and recognises the salience of Aboriginal Law and Culture. This paper is based on qualitative research in six locations in northern Australia where traditional patterns of Aboriginal Law and Culture are robust. Employing a decolonising methodology, we explore the views of Elders in these communities regarding the existing role of Law and Culture, their criticisms of settler law, and their ambitions for a greater degree of partnership between mainstream and Aboriginal law. The paper advances a number of ideas, based on these discussions, that might facilitate a paradigm shift in theory and practice regarding intervention in family violence.
Aboriginal and Torres Strait Islander Social Justice Commissioner (2006) Ending Family Violence and Abuse in Aboriginal and Torres Strait Islander Communities – Key Issues. An Overview Paper of Research and Findings by the Human Rights and Equal Opportunity Commission, 2001–2006. Sydney: Australian Human Rights Commission.
2.
Aboriginal and Torres Strait Islander Women's Task Force on Violence (2000) The Aboriginal and Torres Strait Islander Women’s Task Force on Violence Report (Rev. ed). Brisbane: Queensland Government.
3.
AltmanJ (2008) Submission to the northern territory emergency response review. CAEPR Topical Issue No. 10/2008.
4.
AnthonyTBlaggH (2013) ‘STOP in the name of who’s law? Driving and the regulation of contested space in central Australia’. Social and Legal Studies22(1): 43.
5.
AtkinsonJ (1990a) Violence against aboriginal women reconstitution of community law – The way forward. Aboriginal Law Bulletin2(51): 4–6.
6.
AtkinsonJ (1990b) Violence in aboriginal Australia: Colonisation and its impact on gender. Refractory Girl36: 21–24.
7.
AtkinsonJ (1990c) Beyond Violence: Finding the Dream. Canberra: National Domestic Violence Education Program, Office of Status of Women, Department of Prime Minister and Cabinet.
8.
AtkinsonJ (1996) A nation is not conquered. Aboriginal Law Bulletin3(80): 4–6.
9.
AtkinsonJ (2002) Trauma Trails, Recreating Song Lines: The Transgenerational Effects of Trauma in Indigenous Australia. North Melbourne: Spinifex Press.
10.
Australian Bureau of Statistics (2016) National Aboriginal and Torres Strait Islander Social Survey 2014–15. ABS cat. no. 4714.0. Canberra: ABS.
Australian Law Reform Commission (1986) The Recognition of Aboriginal Customary Laws, Report No. 31. Canberra: ALRC.
14.
Australian Law Reform Commission, & New South Wales Law Reform Commission (2010) Family Violence: A National Legal Response. Canberra: ALRC.
15.
BagshawDChungDCouchM, et al. (2009) Reshaping responses to domestic violence: Final report. Adelaide: University of South Australia.
16.
BaldryECunneenC (2014) Imprisoned indigenous women and the shadow of colonial patriarchy. Australian & New Zealand Journal of Criminology47(2): 276–298.
17.
BehrendtL (2002) Lessons from the mediation obsession: Ensuring that sentencing “alternatives” focus on indigenous self-determination. In: StrangHBraithwaiteJ (eds) Restorative Justice and Family Violence. Melbourne: Cambridge University Press, 178–190.
18.
BehrendtLCunneenCLibesmanT (2009) Indigenous Legal Relations in Australia. Oxford: Oxford University Press.
19.
BessarabDNg’anduB (2010) Yarning about yarning as a legitimate method in indigenous research. International Journal of Critical Indigenous Studies3(1): 37–50.
20.
BlaggH (2002) Restorative justice and Aboriginal family violence: Opening a space for healing. In: StrangHBraithwaiteJ (eds) Restorative Justice and Family Violence. Melbourne: Cambridge University Press, 191–205.
21.
Blagg H (2008) Crisis intervention in Aboriginal family violence: Summary Report. Partnerships Against Domestic Violence, Office of the Status of Women, Canberra.
22.
BlaggHAnthonyT (2019) Decolonising Criminology: Imagining Justice in A Post-Colonial World. London: Palgrave, Critical Criminological Perspectives Series.
23.
BlaggHBluett-BoydNWilliamsE (2015) Innovative models in addressing violence against Indigenous women: State of knowledge paper (ANROWS Landscapes, 08/2015). Sydney, NSW: ANROWS.
24.
BlaggHWilliamsECummingsE, et al. (2018) Innovative models in addressing violence against Indigenous women: Final report (ANROWS Horizons, 01/2018). Sydney: ANROWS.
25.
BlaggHTulichTHovaneV, et al. (2020) Understanding the Role of Law and Culture in Aboriginal and Torres Strait Islander Communities in Responding to and Preventing Family Violence. Sydney: ANROWS.
26.
BlueE (2017) Seeing Ms. Dhu: Inquest, conquest, and (in)visibility in black women’s deaths in custody. Settler Colonial Studies7(3): 299–320.
27.
Centre for Appropriate Technology Limited.(2016) The northern territory homelands and outstations assets and access review: final report. Australian Government Department of the Prime Minister and Cabinet and the Northern Territory Government Department of Local Government and Community Services. Darwin.
28.
CheersBBinellMColemanH, et al. (2006) Family violence: An Australian indigenous community tells its story. International Social Work49(1): 51–63.
29.
Coroner's Court of Western Australia. (2016) Inquest into the Death of Ms Dhu. Perth Coroner's Court.
DavenportSJohnsonPNixonY (2005) Cleared Out : First Contact in the Western Desert. Canberra: Aboriginal Studies Press.
35.
DayAJonesRNakataM, et al. (2012) Indigenous family violence: An attempt to understand the problems and inform appropriate and effective responses to criminal justice system intervention. Psychiatry, Psychology and Law19(1): 104–117.
36.
DenzinNLincolnY (2011) SAGE handbook of Qualitative Research. London: Sage.
37.
DodsonP (1991) Regional report of inquiry into underlying issues in Western Australia. Royal Commission into Aboriginal Deaths in Custody. Canberra: AGPS.
38.
DodsonM (2003) Violence dysfunction aboriginality. National Press Club. 11 June 2003.
39.
DudgeonPWalkerRScrineC, et al. (2014a) Effective strategies to strengthen the mental health and wellbeing of Aboriginal and Torres Strait Islander people. Australia: Australian Institute of Health and Welfare.
40.
DudgeonPWalkerRScrineC, et al. (2014b) Enhancing wellbeing, empowerment, healing and leadership. In: DudgeonPMilroyHWalkerR (eds) Working Together: Aboriginal and Torres Strait Islander Mental Health and Wellbeing Principles and Practice. Barton: ACT: Australian Government Department of the Prime Minister and Cabinet, 437–448.
41.
DudgeonPMilroyHWalkerR (eds.) (2014c) Working Together: Aboriginal and Torres Strait Islander Mental Health and Wellbeing Principles and Practice, (2nd Edition ed.)Canberra: Commonwealth of Australia.
42.
Fines, Penalties and Infringement Notices Enforcement Act (1994) (WA).
43.
GordonSHallahanKHenryD (2002) Putting the Picture Together, Inquiry Into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities. Perth: Department of Premier and Cabinet, Western Australia.
HovaneV (2015) Our story to tell: Aboriginal perspectives on domestic and family violence. ANROWS Footprints1: 13–17.
46.
HovaneVCoxD (2011) Closing the gap on family violence: Driving prevention and intervention through health policy. Australian Domestic Violence Clearinghouse, Issues Paper 21. Sydney: University of New South Wales.
47.
KellyL (2002) Using restorative justice principles to address family violence in Aboriginal communities. In: StrangHBraithwaiteJ (eds) Restorative Justice and Family Violence. Melbourne: Cambridge University Press, 206–222.
48.
KimM (2018) From carceral feminism to transformative justice: Women-of-color feminism and alternatives to incarceration. Journal of Ethnic and Cultural Diversity in Social Work27(3): 219–233.
49.
Kimberley Land Council and Waringarri Resource Centre (1991) Report of the conference on resource development and Kimberley Aboriginal control (Crocodile Hole Report). Derby: Kimberley Law Council.
Law Reform Commission of Western Australia (2005) Aboriginal customary laws: Discussion paper. Project 94Perth: Law Reform Commission of Western Australia.
52.
Law Reform Commission of Western Australia (2006) Aboriginal customary laws: the interaction of Western Australian law with Aboriginal law and culture. Final report. Project 94Perth: Law Reform Commission of Western Australia.
53.
LeesonSSmithCRynneJ (2016) Yarning and appreciative inquiry: The use of culturally appropriate and respectful research methods when working with Aboriginal and Torres strait Islander women in Australian prisons. Methodological Innovations9: 1–17.
54.
McGladeH (2012) Our Greatest Challenge Aboriginal Children and Human Rights. Canberra: Aboriginal Studies Press.
55.
McQuiggR (2011) International human rights law and domestic violence: The effectiveness of international human rights law. Florence: Taylor and Francis.
56.
McRaeHNettheimGBeacroftL, et al. (2003) Indigenous Legal Issues: Commentary and Materials, 3th ed.Pyrmont, N.S.W: Thomson Reuters Professional Australia.
57.
MemmottP (2010) On regional and cultural approaches to Australian indigenous violence. Australian & New Zealand Journal of Criminology43(2): 333–355.
MignoloW (2011) The Darker side of Western Modernity: Global Futures, Decolonial Options. Durham: Duke University Press.
60.
Mignolo WD (2017) Coloniality is far from over, and so must be decoloniality. Afterall: A Journal of Art, Context and Enquiry 43 (Spring/Summer).
61.
NancarrowH (2003) In Search of Justice in Domestic and Family Violence. Brisbane: Griffith University.
62.
NancarrowH (2006) In search of justice for domestic and family violence: Indigenous and non-indigenous Australian women’s perspectives. Theoretical Criminology10(1): 87–106.
63.
NancarrowH (2010) Restorative justice for domestic and family violence: Hopes and fears of indigenous and non-indigenous Australian women. In: PtacekJ (eds.) Restorative Justice and Violence Against Women. New York: Oxford University Press, 123–149.
NancarrowH (2019) Unintended Consequences of Domestic Violence law: Gendered Aspirations and Racialised Realities. Cham, Switzerland: Palgrave Macmillan.
66.
National Aboriginal Community Controlled Health Organisation (2006) Position Statement: What’s Needed to Improve Child Abuse/Family Violence in A Social and Emotional Wellbeing Framework in Aboriginal Communities. Canberra: NACCHO.
67.
Northern Territory Law Reform Committee (2003) Report of the committee of inquiry into Aboriginal customary Law. Darwin: NTLRC.
68.
Northern Territory Law Reform Committee (2020). Two Justice Systems Working Together, Report on the Recognition of Local Aboriginal Laws in Sentencing and Bail. Darwin: NTLRC.
69.
PenceEPaymarM (1993) Education Groups for Men Who Batter The Duluth Model. New York: Springer Publishing Company.
70.
SmithLT (1999) Decolonizing Methodologies: Research and Indigenous Peoples. New York: Zed Books.
71.
SNAICC - National Voice for our Children, National Family Violence Prevention Legal Services Forum and National Aboriginal and Torres Strait Islander Legal Services (2017) Strong families, safe kids: Family violence response and prevention for Aboriginal and Torres Strait Islander children and families. September 2017.
72.
State of Victoria. (2016). Royal Commission into Family Violence: Report and recommendations, Parl Paper No 132 (2014–16).
73.
StraussACorbinJ (1998) Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory. Thousand Oaks: Sage.
74.
TooheyJL (2006) Background paper 5: Aboriginal customary laws reference—An overview. In Law Reform Commission of Western Australia Aboriginal Customary Laws Project 94: Background Papers (pp. 173–212). Perth: Law Reform Commission of Western Australia.
WallL (2014) Gender Equality and Violence Against Women: What’s the Connection? (ACSSA Research Summary). Melbourne: Australian Centre for the Study of Sexual Assault, Australian Institute of Family Studies.
78.
WatsonI (2007) Aboriginal women’s laws and lives: How might we keep growing the law?The Australian Feminist Law Journal26: 95–107.
79.
WatsonI (2014) Re-centring first nations knowledge and places in a terra nullius space. AlterNative: an international journal of Indigenous scholarship10(5): 508–520.
80.
WatsonI (2015) Aboriginal Peoples, Colonialism and International law : Raw law. Abingdon, Oxon: Routledge.
81.
WatsonI (2018) Aboriginal Laws and Colonial Foundation. Griffith Law Review26(4): 469–479.
82.
Western Australia Department for Child Protection and Family Support (2015) Kimberley Family Violence Regional Plan 2015-2020s. Perth, WA: Department for Child Protection and Family Support.
83.
WildRAndersonP (2007) ‘Little Children are Sacred’ Report of the Northern Territory Board of Inquiry Into the Protection of Aboriginal Children From Sexual Abuse. Darwin: Northern Territory Government.
84.
WolfeP (2008) Settler colonialism and the elimination of the native. Journal of Genocide Research8(4): 387–409.
85.
WrightH (2004) Hand in hand to a safer future: Indigenous family violence and community justice groups. Indigenous Law Bulletin6(1): 17–19.
86.
YodanisCL (2004) Gender inequality, violence against women, and fear: A cross-national test of the feminist theory of violence against women. Journal of Interpersonal Violence19(6): 655–675.
