Program Overview

Introduction to LAWS8066 - Indigenous Peoples and the Law

Unit Overview

This unit entails a detailed study of Indigenous people's experience with the legal system in Australia and the interactions between non-Indigenous and Indigenous legal systems. With regard to both historical and contemporary social policies in Australia, the unit examines questions of how effectively the Australian legal system regulates issues particular to Indigenous peoples. The unit explores these issues in Australia, and also looks to the International legal community and the experience of other settler-colonised states in understanding the limits of law in protecting the rights of Indigenous peoples. The unit canvasses indigenous law in a variety of contexts including land rights and native title, family law and child protection, the criminal justice system, and Indigenous ownership of intellectual and cultural property.

Unit Details

• Unit Level: 8000
• Grading Requirement: Graded
• Credit Points: 10

Offerings

Unit Availability

The unit is offered in various sessions, including:

• Session 2, Infrequent attendance, North Ryde
• Session 2, Intensive attendance, North Ryde
• Session 2, Special circumstances
• Session 2, Special circumstances, Other

Requisites

Enrolment Rules

Pre-requisite

(Admission to JD and 80cp in LAW or LAWS unit at 6000 level or above) or (admission to LLM)

NCCW (pre-2020 units)

• LAWS518
• LAW866

NCCW (2020 and onwards)

• LAWS5018

Learning Outcomes

On successful completion of this unit, students will be able to:

1. Analyse and critique the place of Indigenous customary law within the history of Australian law and system of government
2. Critically analyse legal and political issues that have impacted on Indigenous Australians, linking the issues to past policies and laws
3. Apply advanced critical analysis to the operation of Australian law and structure of government in continuing to impact on Indigenous Australians
4. Compare and contrast the place of indigenous customary law in the legal landscape of diverse jurisdictions

Assessments

Assessment Tasks

• Research Essay
  • Type: Essay
  • Weighting: 40
  • Hurdle task: No
• Online and in class tasks
  • Type: Participatory task
  • Weighting: 30
  • Hurdle task: No
• Research Plan
  • Type: Plan
  • Weighting: 30
  • Hurdle task: No

Learning and Teaching Activities

Scheduled Learning Activities

• Tutorial (online)
  • Description: Students will attend a total of 12 hours of online tutorials
  • Applicable to offerings: Session 2-Special, Session 2-Special-Other
• Lecture (online)
  • Description: Students will be required to listen to pre-recorded lectures
• Tutorial (on campus)
  • Description: Students will attend a total of 12 hours of on-campus tutorials
  • Applicable to offerings: Session 2-Infrequent-North Ryde