Units
Indigenous Legal Issues
Unit code: LWB149
Contact hours: 3 per week
Credit points: 12
Information about fees and unit costs
Indigenous Australians have a unique position in Australian society as the traditional owners and custodians of the Australian continent and its offshore islands. The colonisation of Australia and the introduction of Anglo-Australian law have had a profound impact on Indigenous Australians and in many ways have contributed to the current level of social and economic disadvantage in Indigenous communities. This unit aims to provide you with an understanding of how government law and policy has had an especially adverse effect on Australian Indigenous peoples. It explores the potential for greater recognition of Indigenous rights, including the right to self determination, in the Australian context. The unit is of relevance if you are intending to work in legal practice, public sector policy or community organisations.
Availability
| Semester | Available |
|---|---|
| 2013 Semester 2 | Yes |
Sample subject outline - Semester 2 2013
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
Indigenous Australians have a unique position in Australian society as the traditional owners and custodians of the Australian continent and its offshore islands. The colonisation of Australia and the introduction of Anglo-Australian law have had a profound impact on Indigenous Australians and have contributed to the current level of social and economic disadvantage in Indigenous communities in many ways. This unit aims to provide you with an understanding of how government law and policy has had an especially adverse effect on Australian Indigenous peoples. It explores the potential for greater recognition of Indigenous rights, including the right to self determination, in the Australian context. The unit is of relevance if you are intending to work in legal practice, public sector policy or community organisations.
This unit is offered as a contextual elective in the law degree and provides a foundation for further study of Indigenous legal issues, human rights and environmental and property law. It is also relevant to the human rights elective interest group.
This unit is designed to provide an introduction to Indigenous law and policy issues. More detailed study of Indigenous cultural heritage and native title law can be undertaken in the elective, LWB489 Native Title and Indigenous Cultural Heritage. Other units in Indigenous studies are also available in the School of Justice and the Faculty of Education.
Aims
This unit has a number of aims:
- To introduce you to the complex historical, cultural, social, legal and policy issues which impact on Australia's two main Indigenous groups, Aboriginal peoples and Torres Strait Islanders;
- To encourage critical analysis of non-Indigenous legal systems and the impact these systems of law have on Indigenous Australians;
- To introduce you to aspects of Indigenous knowledges and Indigenous law as they relate to interactions with non-Indigenous legal systems;
- To prepare you for your professional career by helping you become aware of Indigenous protocols and issues of cultural competency which will assist you in communicating effectively with Indigenous Australians;
Objectives
At the completion of this unit you should be able to:
1. Describe the key historical, social, cultural, political, policy and legal factors relating to Indigenous Australians; (GC1, GC3, GC6)
2. Critically analyse the impact of non-Indigenous legal systems on Indigenous Australians; (GC2, GC3, GC6)
3. Explain Indigenous rights within the context of international human rights instruments and the right of self determination; (GC1, GC3)
4. Apply indigenous protocols and cultural competencies in your capacity as a legal professional; GC6
5. Communicate strategies to promote Indigenous self determination in the Australian context; (GC1, GC6, GC7)
6. Reflect on the impact of your values, life experience and attitudes on your ability to communicate effectively in cross-cultural contexts. (GC4, GC6)
Graduate Capabilities
Your understanding of the unit content and development of skills will assist you to acquire the following law graduate capabilities:
1 Discipline Knowledge;
2 Problem Solving, Reasoning and Research;
3 Effective Communication;
6 Professional, Social and Ethical Responsibility; and
7 Characteristics of Self-Reliance and Leadership.
Content
The material covered in this unit includes:
- Historical overview of Australian Indigenous peoples and Anglo-Australian law
- Indigenous Australians and the criminal justice system
- Equity, equality, racial discrimination and vilification
- International human rights and Indigenous peoples
- Indigenous legal systems
- Communication and cultural competency skills
- Contemporary Indigenous legal issues
Approaches to Teaching and Learning
This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of face-to-face lectures and tutorials or discussion groups to enable you to develop your communication, legal analysis, problem solving, and critical thinking skills. The study guide and online materials are designed to enable you to work towards becoming an independent learner.
Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed and recommended readings and tutorial discussion questions.
Lectures
This unit will have a one hour lecture each week. The lectures are audio taped and made available on the unit's Blackboard site and are supported by PowerPoint presentations.
Online Materials
Online learning and teaching resources which provide feedback on student learning are available via the Blackboard site for the unit.
Tutorials
One hour tutorials are timetabled for Weeks 2 - 13. For external students an online discussion forum will be conducted for Weeks 2 -13.
Your learning in tutorials will assist you to understand indigenous legal issues by allowing you to relate your previous life experience to indigenous legal issues, apply the concepts that you have learned to real world scenarios, and discuss feedback and seek additional support if required. They will also provide an opportunity to explore the theories and principles you have learned in greater detail, through engaging in discussion with fellow students and your tutor. Tutorials will assist you to reflect on your learning (as described in the feedback section below), and your development of basic academic skills, understanding of academic practices and expectations of study time.
Assessment
Assessment in this unit is both formative and summative.If you are an internal student you will receive feedback in each weekly tutorial in relation to your performance and understanding of unit content from both the oral comments of the lecturers and guest speakers and also from the discussions within the group. If you are an external student you will receive feedback in the weekly online discussion forums. You will also receive feedback on your reflective journal.
Feedback on the development of your understanding of Indigenous legal issues and the skills taught in this unit is provided through:
- The face-to-face tutorials (internal students).
- Online discussion forums (external students).
- The individual feedback on your reflective journal.
- The generic feedback on the reflective journal placed on the unit's Blackboard site.
- The generic feedback on the examination placed on the unit's Blackboard site
- The option of private consultation with a member of the teaching team during student consultation.
- Examples of completed assessment items from previous years will be available on the unit Blackboard site.
You should reflect upon the feedback on your assessment in this unit (both individual and generic feedback as provided on Blackboard) for the purpose of identifying:
- Gaps in your knowledge of the historical, social and cultural context on the development of law and policy with respect to Indigenous Australians.
- Gaps in your knowledge of Indigenous legal issues.
- Gaps in your knowledge of Indigenous protocols and communication issues and strategies to develop effective working relationships in cross-cultural contexts.
- Strategies to develop your communication, critical thinking, legal analysis and legal problem solving skills.
- Strategies to develop an ethical orientation and reflective practice as a legal professional.
Assessment name:
Reflective Journal
Description:
You will complete a reflective journal which is designed for you to engage with and reflect upon the historical, social and cultural factors that influence the development of law and policy with respect to Indigenous Australians. The journal is also designed for you to articulate strategies to develop effective working relationships with Indigenous Australians. You will be required to submit the journal in two instalments, one early in the semester and one towards the end of the semester. This assessment is designed to develop your self reflective and life long learning skills and foster an understanding of the social and ethical responsibilities of legal professionals.
Word limit: 2000 words
Relates to objectives:
1, 2 & 4-6.
Weight:
30%
Internal or external:
Both
Group or individual:
Individual
Due date:
Week 4 & 12
Assessment name:
Examination
Description:
The exam is designed to assess your disciplinary knowledge of Indigenous legal issues, understanding of Indigenous human rights law and ability to effectively communicate strategies to promote self determination for Indigenous peoples.
Relates to objectives:
1-3 & 5.
Weight:
50%
Internal or external:
Both
Group or individual:
Individual
Due date:
Central exam period
Assessment name:
Discussion Forum
Description:
The purpose of this assessment is for you to participate in discussions to develop your understanding of Indigenous legal issues and your critical thinking, legal analysis, problem solving, communication and cultural competency skills. Internal students will do this in face-to-face tutorials. External students will be required to participate in online discussion forums.
Relates to objectives:
1-6
Weight:
20%
Internal or external:
Both
Group or individual:
Individual
Due date:
Weeks 2-13
Academic Honesty
QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.
A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.
Resource materials
Prescribed Materials
Larissa Behrendt, Chris Cuneen and Terri Libesman, Indigenous Legal Relations in Australia (Oxford University Press, Melbourne, 2008).
Legislation, cases and articles as advised.
Recommended Materials
McRae, Nettheim, Anthony, Beacroft, Brennan, Davis and Anthony, Indigenous Legal Issues: Commentary and Materials (Thomson Reuters, Australia, 4th ed, 2009).
Blackboard site
Online materials for the unit are available on the unit Blackboard site and on the Course Materials Database.
Risk assessment statement
There are no out of the ordinary risks associated with this unit.
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.
Last modified: 11-Apr-2013
