Lawyers Communicating with the Aboriginal and Torres Strait Islander People

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 For professionals working with the Aboriginal and the Torres Strait Islander people, it is

vital to understand the kinship and protocols of the Indigenous People in order to build strong

relationships with the clients. The negative effects of economic and racial disadvantage as well

as a series of past government policies have contributed to the mistrust held by the Torres Strait

Islander and the Aboriginal people towards government services and systems.1 For lawyers

planning to work with the Aboriginal and Torres Strait Islander people, it is crucial to understand

that people’s cultural values and beliefs shape their thinking and interactions with other people.2

It is critical to reflect without judging before, during and after interacting with the Indigenous

people whose beliefs and world views may be different.

From the community narratives, the Indigenous people in Australia are still experiencing

racism as they try to fit into the mainstream society. Those settling in urban areas have to put up

with racist treatment. For instance, one of the people interviewed is Doug Gordon, a Wiradjuri

person. Gordon highlights moments when he moved into a neighborhood and less than a week

later three immediate neighbors put up their houses for sale.3 Gordon also highlights another

incident of racism when he and his family went to state offices in Sydney. When it was there turn

to be served, a security guard moved and stood next to the cash register, yet other people were

being served without the security guards being that close by. Such events are not a coincidence,

rather it is an act of racism where white Australians are not willing to live in the same

community with the Indigenous people.4 The treatment is not different for the Indigenous

children attending school where they have to learn English. The teasing from their fellow
1
Cat, Kutay., Janet, Mooney, Lynnete, Riley and Deidre, Howard-Wagner. Experiencing Indigenous
knowledge on‐line as a community narrative (2012) The Australian Journal of Indigenous Education, University of
Queensland. 2
2
Ibid., 4-6
3
The University of Sydney. Doug Gordon - complete interview. (YouTube, 14 July, 2014). 1:52-4:08
4
Jim, Stewart and Julaine Allan. "Building relationships with Aboriginal people: A cultural mapping
toolbox." (2013) 66 (1) Australian Social Work: 123
students makes these children to feel ashamed of their Indigenous culture. Lawyers should be

able to acknowledge the fact that the Torres Strait Islander and Aboriginal people are still

subjected to discriminatory treatment even in public offices.5 While people may argue that the

Indigenous people are free and enjoy same rights as everyone else in Australia, the community

narratives highlight that freedom is restricted to some extent because people such as Doug

Gordon are still being watched. From Gordon’s point of view, people seeking to work with the

Aboriginal or the Torres Strait Islander people should try and understand that they like everyone

else want to live a better life.6 Above all, the Aboriginal people are determined to fit into the

larger Australian society. As such, lawyers should not prejudge the Indigenous clients and

instead try to be patient and listen to their experiences.

Lawyers working with the Aboriginal clients should be able to understand the nature of

Aboriginal kinship system and have knowledge of cultural family obligations. Majority of the

Indigenous people are proud of their cultural heritage.7 Lawyers should also be aware of the fact

that speaking the traditional language or practicing customs does not eliminate one’s position as

being a Torres Strait Islander or an Aboriginal. In another community narrative, Peter Gibbs

starts by highlighting his kinship ties to the far western New South Wales. Gibbs mentions how

the Aboriginal communities in Dubbo are facing challenges, especially with delivery of infants

due to shortage of healthcare delivery services.8 He observes that the key reason the Indigenous

people are not willing to pack and move to other areas with better services is the connection they

have to their lands. For those who still inhabit their ancestral lands, it is necessary to support

5
Stewart, Jim, and Julaine Allan. "Building relationships with Aboriginal people: A cultural mapping
toolbox." (2013) 66 (1) Australian Social Work: 124
6
The University of Sydney. Doug Gordon - complete interview. (YouTube, 14 July, 2014). 11:23-15:05
7
, Lynnete, Riley., Deirdre, Howard-Wagner., Janet, Mooney and Cat, Kutay. Embedding Aboriginal
Cultural Knowledge in Curriculum at University Level Through Aboriginal Community Engagement. (2013) (14).
Seeding Success in Indigenous Australian Higher Education, 253-254
8
The University of Sydney. Peter Gibbs - complete interview. (YouTube, 4 July, 2014). 7:13-11:09
them. The cultural ties to the land are so strong because generations have been raised on the

particular land. For the Aboriginal people, leaving the land for another place would mean

abandoning their cultural ties.9 As such, lawyers working with Indigenous clients from such

places should not be misguided by the assumption that these people are reluctant to embrace

better lives. Instead, the lawyers should understand the cultural values of the Aboriginal people

and find ways to support them without judging their beliefs.10 Lawyers should also be committed

to assist the Aboriginal clients in navigate the legal steps that have been introduced through

government policies. For instance, the Indigenous people complain about the complex process of

acquiring permits to burry their kins on their land.

Another issue that lawyers working with the Indigenous people may encounter is the

commitment to change their story. The Aboriginal and Torres Strait Islander people are

determined to send their children to school so that they get educated and have careers. The

positive attitude shows the Indigenous people’s commitment to make a contribution and not just

being dependent on welfare benefits.11 Rod Towney, a Wadjuri person highlights the importance

of education for the Aboriginal people. Towney highlights the challenges he experienced in his

career where most white people did not understand how he felt.12 Majority of his coworkers did

not value the Aboriginal cultural background at the time. However, he also observes the changes

that have been made over the years, such as the inclusion of the Aboriginal people in the senior

positions and decision-making boards. The main hurdle facing the Indigenous people in career is

the white people’s assumption that they know everything about the aboriginal and the Torres

9
Cat, Kutay., Janet, Mooney, Lynnete, Riley and Deidre, Howard-Wagner. Experiencing Indigenous
knowledge on‐line as a community narrative (2012) The Australian Journal of Indigenous Education, University of
Queensland. 6
10
Ibid., 8
11
Jim, Stewart and Julaine Allan. "Building relationships with Aboriginal people: A cultural mapping
toolbox." (2013) 66 (1) Australian Social Work: 124-125
12
The University of Sydney. Rod Towney - complete interview. (YouTube, 4 July, 2014). 1:47-5:23
Strait Islanders.13 The assumption is likely to result in potential conflict when working with

individuals from a different cultural background. The issue is evident in the government policies

and systems which impose their will on the Indigenous people without considering their views

and how they are affected.14 Lawyers working with the Indigenous people should learn to listen

in order to show that they care. Listening is a key step in working out an amicable way through

the legal system. Dictating and imposing own will on the Aboriginal and the Torres Strait

Islander people is not the right way to create working relationships.

Overall, based on the community narratives kinship ties play a key part in the Aboriginal

and the Torres Islander people’s lives. Lawyers communicating with the Indigenous people must

understand the significance of cultural values and beliefs and how they shape their views and

interactions. Lawyers should not be guided by assumptions. Instead, they should learn not to

prejudge during and after interacting with the Aboriginal or Torres Strait Islander clients. They

should also be aware of how racial and economic disadvantages have shaped the Indigenous

people’s lives over the years. Consequently, listening rather than dictating the best approach to

communicate with the Indigenous people.

Bibliography

Kutay, Cat., Janet, Mooney, Lynnete, Riley and Deidre, Howard-Wagner. Experiencing

Indigenous knowledge on‐line as a community narrative (2012) The Australian Journal

of Indigenous Education, University of Queensland. 1-13

13
The University of Sydney. Rod Towney - complete interview. (YouTube, 4 July, 2014). 24:01-29:53
14
Lynnete, Riley., Deirdre, Howard-Wagner., Janet, Mooney and Cat, Kutay. Embedding Aboriginal
Cultural Knowledge in Curriculum at University Level Through Aboriginal Community Engagement. (2013) (14).
Seeding Success in Indigenous Australian Higher Education, 262
Riley, Lynnete., Deirdre, Howard-Wagner., Janet, Mooney and Cat, Kutay. Embedding

Aboriginal Cultural Knowledge in Curriculum at University Level Through Aboriginal

Community Engagement. (2013) (14). Seeding Success in Indigenous Australian Higher

Education, 251-276

Stewart, Jim, and Julaine Allan. "Building relationships with Aboriginal people: A cultural

mapping toolbox." (2013) 66 (1) Australian Social Work: 118-129.

The University of Sydney. Doug Gordon - complete interview. (YouTube, 14 July, 2014). 0:0-

19:29 https://www.youtube.com/watch?v=KyDDlqfCui4

The University of Sydney. Peter Gibbs - complete interview. (YouTube, 14 July, 2014). 0:0-

49:03. https://www.youtube.com/watch?v=7TUO1r2RXa8

The University of Sydney. Rod Towney - complete interview. (YouTube, 14 July, 2014). 0:0-

43:21. https://www.youtube.com/watch?v=VkkxVZtVe1s