Elements and Performance Criteria
- Identify the role of traditional customs in indigenous communities
- Specific impacts of traditional customs on a local community are investigated.
- The impact of role delineation of indigenous men and women on land management practices is defined according to community protocols.
- Current customs are compared with those of pre-European settlement to determine any impacts on the management of country.
- Outline impact of native title rights and interests recognised under non-Indigenous law
- Implications of the potential conflict of interest between people exercising their native title rights, which are in contravention of non-indigenous law, are investigated.
- Instances where people exercising their native title rights are contained within non-indigenous law are outlined.
- The limitations placed on the exercise of native title rights and interests by other valid grants of title under non-indigenous law, and how these different rights and interests in land might coexist are determined.
- The implications of the potential conflict of interest between the exercise of native title rights and interests and the rights of others with interests in land are assessed.
- Ramifications of the outcomes of practicing traditional customs and native title are discussed.
- Propose appropriate applications of traditional customs
- Situations involving traditional customs or native title which result in ethical implications in carrying out responsibilities are identified.
- The use of traditional customs as an alternative to or in conjunction with mainstream legal and management systems is outlined.
- Advice for legal representatives regarding the integration of traditional customs and mainstream legal and management systems is outlined.