King, Michael S. --- "Law East Kimberley Style" [1989] AboriginalLawB 62; (1989) 1(41) Aboriginal Law Bulletin 13

• Law East Kimberley Style

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Law East Kimberley Style

by Michael S. King

The Pajero cruises round a corner to reveal a broad expansive plain extending to a range of hills tinted in purple and pink and rising up to the clear blue sky of an early morning day in `the Dry' in the East Kimberley. I am on my way to Wyndham from Kununurra to attend Magistrate's Court. It is Friday at the end of a Magistrate's circuit week (which occurs every three weeks) and by the end of the week I will have driven about 1,000 km during the circuit, covering Court in the towns of Halls Creek (359 km by road south of Kununurra), Kununurra and Wyndham in 3 days.

As it turns out, at Court I represent a number of children in Children's Court, attend on an election date in the Court of Petty Sessions, deliver pleas in mitigation and find that a client has failed to appear on her trial on a drunk charge and a receiving charge.

The position of Aboriginal Legal Service lawyer stationed at Kununurra is unique in a number of respects. Firstly, there are no other resident practising lawyers within a radius of over 500 km.

Secondly, the area serviced by this office is as varied as it is large - from the desert communities of Balgo Hills and Mulan (Lake Gregory) over 600 km by road to the south of Kununurra with its palm trees and tropical fruit trees, set on the ocean and which is the northern-most settlement in Western Australia.

There are scenes of exquisite beauty in many different parts of the East Kimberley. It almost breathes a deep spirituality. One can therefore see why the Aboriginal law and mythology is still strong in many places. Some months ago when I met out in the open with the people at one of the local communities, one old lady moved our topic of conversation from the mundane legal aspects of leases to the dreaming trails that cross their land and form part of their vision of life in this region. It was most inspiring to sit and listen in the beauty of the environment that gave birth to this vision. Their law is still strong and traditional rituals still practised.

At times traditional punishment is still meted out in spite of gadia (white man's) law. A couple of months ago I appeared for a client on a murder charge; he limped into court, having been speared in the legs and hand by way of punishment.

I commented that the traditional law is in many places still strong, but for some it has broken down in the milieu of the intermesh of Aboriginal culture and gadia culture. For these people there is poverty and alcoholism, a lack of opportunity and direction - a situation not confined to the East Kimberley. In Halls Creek, for example, it has been estimated that over half the population collect social security payments. In this town there is a high proportion of juveniles and a high juvenile crime rate, which is not surprising given the degree of poverty and the lack of adequate facilities, opportunities and training programs available for the people of the area.

Therefore a fair degree of my work in Halls Creek is Children's Court work. Further, my crime file work load is high generally; most of these matters are alcohol-related, many involving acts of violence. It can be depressing sometimes to see the degree of suffering in the community, as evidenced by these Court appearances.

On the other hand there are many positive aspects in the context of Aboriginal affairs and legal work in this region. Many communities are seeking greater self-sufficiency and better health, education, and housing facilities and improved employment opportunities. Further, some of the communities run their own businesses such as cattle stations, in one case an airline, roadhouses and so on. The area of community legal work can be very rewarding meeting with the communities and advising them as to their constitutions, the possibility of making by-laws enforceable in community courts and drafting these by-laws as required, advising and negotiating on their leases, advising on mining and sundry other matters affecting their life. I also attend the community court at Balgo from time to time to represent clients - there are not too many courts held in a monastery as is done at Balgo! The practice also includes family law, personal injury claims, conveyancing and civil law. I had one query recently on the law concerning transporting dead bodies to a cemetery.

As can be seen, the life of an ALS lawyer in the Kimberley is varied and interesting. The beauty of the environment and the richness of the culture and people adds a dimension to legal practise not seen in St Georges Terrace! At the same time it is physically demanding - so far this year I have averaged about 700 km road travel per week. Also ALS is greatly understaffed in this area - one lawyer to cover a huge region (1/2 the Kimberley) with the aid of only two field officers and a secretary, and given a large file load. Like other ALS offices in the north we badly need more staff and better resources. However, the problems are greatly outweighed by the rewards of living and practising in the Kimberley and I would recommend the experience to any lawyer seeking a break from city practice. It is certainly a life-enriching experience.