Aboriginal Payback Policy - Northern Territory Legislation

Front 1

(Fill in the blanks)
Payback is a term commonly used to refer to aspects of customary law involving some element of physical punishment for transgressions. However this English term may be misleading because it overlooks other related, and important, customary law practices such as ---------- and ----------, not just between the victim and the offender, but for their respective families and the community as a whole that are part of the concept.

Back 1

restitution
reconciliation

Front 2

There are 4 points to remember in relation to police policy regarding aboriginal customary payback, what are they ?

Back 2

1. NTPF shall not condone acts of violence under the guise of customary law and recognizes the justice system is there for the protection of all people.

2. NTPF will provide leadership to communities by opposing the use of violence at all times.

3. NTPF will work with communities to help find non-violent alternatives that can be culturally appropriate forms of payback.

4. NTPF recognises the risks to the community and to Police that might arise in some payback situations.

Front 3

What shall a MPF do when faced with a payback situation?

Back 3

1. Engage with the community to prevent acts that violate the criminal code.

2. Advise the community that unlawful assaults may be subject to prosecution

Front 4

Members should not become involved in managing or supervising ‘payback’ situation and where conflict arises between a members cultural responsibilities, and official duties, what should members do?

Back 4

members shall resolve the conflict in favour of the public interest and the Northern Territory Police.

Front 5

What should members be aware of in relation to thier presence at a payback situation?

Back 5

Members need to be aware that their mere presence at payback could be perceived as support for a breach of the law.

Front 6

Despite all reasonable efforts, members may be unable to prevent a ‘payback’ situation involving violence, for the following reasons: ?

Back 6

• Intervention may present a danger to police officers or others due to the number of people involved and the potential reaction to intervention by police; and

• There may not be the police resources immediately available to safely intervene despite this being the preferred course of action.

Front 7

Where members are unable to prevent ‘payback’, any serious breach of the law shall be ?

Back 7

The subject of investigation at a later stage.

Front 8

Where members are unable to prevent ‘payback’, what will be the subject of investigation at a later stage

Back 8

Any serious breach of the law.

Front 9

Intervention by Police at a payback situation may present what (?) to police officers or others

Back 9

a danger.

Front 10

Why does intervention by Police at a payback situation may present a danger to police officers or others?

Back 10

due to the number of people involved and the potential reaction to intervention by police; and
• There may not be the police resources immediately available to safely intervene despite this being the preferred course of action