Dr Danial Kelly

Senior Lecturer, School of Law

Qualifications and Appointments

  • Bachelor of Arts (Deakin University)
  • Bachelor of Laws (Honours) (Charles Darwin University)
  • Graduate Diploma of Education (University of New England)
  • Graduate Diploma of Legal Practice (Charles Darwin University)
  • Masters in Applied Linguistics (Charles Darwin University)
  • Doctor of Philosophy (Charles Darwin University

Danial is a Senior Lecturer in the CDU School of Law. His PhD was on the intersections of authority of Australian law and Christianity with Aboriginal customary law in Arnhem Land. Danial is admitted to legal practice in the Supreme Court of the Northern Territory and is also qualified as a mediator and teacher. He is a member of the Indonesian Reference Group.

Practical experience

Prior to joining the faculty in 2010, Danial worked as a lawyer with the North Australian Aboriginal Justice Agency. He has also worked as a mediator and teacher in Australia and Indonesia.  Danial continues to work on legal and justice issues concerning the Aboriginal communities in the Top End of the Northern Territory, especially the interaction between Aboriginal customary law and Australian law.

Teaching Experience

Danial has experience teaching statutory interpretation, Indigenous legal issues and Indonesian law.  He has also taught Indonesian language in Australia. Danial is instrumental in strengthening the academic relations between Charles Darwin University and various Indonesian Universities and is a frequent guest lecturer at Udayana University in Bali and Gajah Mada University in Jogja.

Research Supervision

Danial is listed in the CDU Register of Supervisors to supervise Master’s and Doctoral students and is especially interested in supervising students on Indonesian or Indigenous issues.

Selected publications

Research Outputs:

  • Journal article: ‘Is it time for deferred prosecution agreements in the Northern Territory?’ (co-authored with Felicity Gerry QC) (2016) 90 The Australian Law Journal 387.
  • Journal article: ‘Normative Authority in the Context of Transnationalism, Pluralism and Semi-Autonomous Social Fields: Focus on Arnhem Land’ (2016) 14(1) Issues in Legal Scholarship 27.
  • Conference paper: ‘Empowering local Aboriginal justice in the NT by establishing Community Courts’ (Transnational Law Research Workshop, School of Law, Charles Darwin University, Darwin, Australia, 16th March 2016.)
  • Conference paper: ‘The nature of authority in fundamentalist Islam and Pancasila: an irreconcilability of origins and destination’ (Paper presented at Understanding Indonesia: Language and Identity Conference, Charles Darwin University, 17-18 June 2016.)
  • Conference paper: ‘Traditional Indigenous Communities and the Development of National Prosperity: Lessons Learned from Australian law’ (Paper presented at ASEAN's Traditional Community in A Global World: Facing ASEAN Single Market 2015 seminar, Center for Law and Ideology, Faculty of Law Udayana University, School of Law Charles Darwin University, Center for Indigenous People Faculty of Law University of Malaya, ASEAN Secretariat, and IKAYANA Faculty of Law, 25 September 2014, Bali, Indonesia.)
  • Book chapter: ‘Introduction to transnational law and its relation to the legal protection of Indigenous peoples’ rights’ in Universitas Udayana Golden Jubilee Book (Udayana 2015).
  • A Fuller Sense of Justice: Resolving Conflict for Traditional Indigenous Australians within the Australian Legal System’ (Paper presented at International Conference on Access to Justice for Indigenous Peoples: Realisation of an Inclusive and Integrated Human Rights Approach, Faculty of Law, University of Malaya, 9-11 April 2015.)
  • Journal article: ‘Marriage Law in Madayin’ (2014) 88(8) The Australian Law Journal 536.
  • Conference paper: ‘Northern Territory and Timor Leste legal systems in context: The interfaces of custom, religion and law with an emphasis on child protection: Primary sources and purposes of authority in Australian law, Christianity and Madayin’ (Paper presented at ‘Common Issues: Common Solutions’, Northern Territory Bar Association 2014 Conference in association with Charles Darwin University, Dili, Timor Leste.)
  • Journal article: ‘The Legal And Religious Nature Of Aboriginal Customary Law: Focus On Madayin’ (2014) 16 The University Of Notre Dame Australia Law Review 50.
  • Journal article: ‘Foundational Sources and Purposes of Authority in Madayin’ (2014) 4(1) Victoria University Law and Justice Journal 48.
  • Journal article: ‘The Black and White of Wunungmurra’ (2012) 2(4) Northern Territory Law Journal 227.
  • Editor of: James Gurrwanngu Gaykamangu, 'Ngarra law: Aboriginal customary law from Arnhem Land' (2012) 2(4) Northern Territory Law Journal 236.
  • Editor of: Gaymarani George Pascoe, ‘Introduction to the Ngarra law of Arnhem Land’ (2011) 1(6) Northern Territory Law Journal 281.
  • Journal article: ‘Pancasila Sakti: Sacred Authority of the Pancasila in Indonesian Law and Society’, Jurnal Yustika: Media Hukum dan Keadilan (University of Surabaya Law School Journal) Volume 13 Number 2, December 2010 (ISSN : 1410 -7724).

Assisted with:

  • Gaymarani George Pascoe ‘Introduction to the Ngarra law of Arnhem Land’ (2011) 1(6) Northern Territory Law Journal 281.
  • James Gurrwanngu Gaykamangu 'Ngarra law: Aboriginal customary law from Arnhem Land' (2012) 2(4) Northern Territory Law Journal 236.

Currently teaching

LWA112 Comparative Law
LWA113 Customary Law
LWZ115 Legal Process
LWB201 Indigenous Peoples and the Legal System
LWB313 Indigenous Peoples and Property Law
LWA210 Indonesian Law

Dr Danial Kelly


T: 8946 7754
F: 8946 6588
E: danial.kelly@cdu.edu.au
Charles Darwin University
Darwin NT 0909