M2 - Learner Manual

Communicating according to Aboriginal cultural approaches

When a lawyer needs to obtain information from an Aboriginal or Torres Strait Islander person, it will need to be in a way that which acknowledges Aboriginal cultural approaches to obtaining information, which tend to be in a way indirect means rather than by a confronting style of questioning. Some key issues to consider:

·      Identify whether an interpreter is needed

·      Take time and establish trust

·      Understand that silence is part of the process

·      Direct eye contact may be inappropriate

·      Asking questions indirectly

·      Allow clients to speak in their own time.

The Northern Territory Law Society has published a “Indigenous Protocols for Lawyers” which is a good aid for introducing cultural competence for non-Aboriginal practitioners:

https://www.lawsociety.com.au/sites/default/files/2018-03/indigenous_protocols_for_lawyers_0.pdf