The Federal Indigenous Affairs Minister, Mal Brough, wants the federal criminal law to be changed so Aboriginal customary law is no longer recognised.
And the Federal Attorney General, Philip Ruddock, has indicated that if the law is changed, it will also have implications for the way courts deal with other cultural and religious considerations.
Barrister, Lex Lasry, says change to the current law is not necessary.
“I think that's clearly unfair. It's like saying, for example that gender is no longer to be regarded as relevant. The complete list of personal circumstances is something that judges look at. It's not that they're a complete answer. And it may be that their personal circumstances are overborne by the seriousness of the offence, but they still take it into account. And that shouldn't change,” Mr Lasry said.
Mr Brough says the measures are needed to help stamp out violence and child abuse in Indigenous communities.
Mr Ruddock has told the ABC those changes will also have implications for migrant offenders.
“One of the relevant factors they would not be able to entertain would be factors of a particular culture or customs because of somebody's race or ethnic origin,” Mr Ruddock said.