Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Indigenous ownership and control of Indigenous knowledges, lands and cultural property are important Indigenous rights recognised in international law. In the Australian context the mainstream legal system has been challenged to effectively recognise Indigenous law. Native title, Indigenous cultural heritage and intellectual property laws have emerged and evolved in recent decades in an attempt to accommodate and give recognition to Indigenous rights and interests. In this unit we will critically examine the mainstream legal framework for the management, recognition and protection of Indigenous native title and cultural rights within comparative, international and Indigenous contexts. Knowledge of these key Indigenous legal issues is necessary for lawyers working in a variety of fields including native title and cultural heritage, intellectual property, environmental and resource law, and as government solicitors.

Aims

On completion of this unit you should be able to demonstrate:
1. Explain key aspects of Australian law, policy and practice in relation to native title and Indigenous intellectual and cultural property, and the interrelationship between these areas of law; (GC1, GC3, GC4, GC6)
2. Apply relevant legal principles and determine the relative rights of parties in a given fact scenario; (GC2, GC6)
3. Critically analyse and evaluate case law, legislation and commentary in relation to native title and Indigenous intellectual and cultural property with reference to international legal frameworks, comparative contexts and Indigenous perspectives; (GC1, GC2, GC3, GC4, GC6);
4. Evaluate complex legal issues in the context of native title and Indigenous intellectual and cultural property and propose strategies for law reform; (GC1, GC2, GC3, GC6).
5. Demonstrate effective oral and written communication skills and the ability to resolve legal problems using negotiation techniques. (GC2, GC3, GC5)

Objectives

On completion of this unit you should be able to demonstrate:
1. Explain key aspects of Australian law, policy and practice in relation to native title and Indigenous intellectual and cultural property, and the interrelationship between these areas of law; (GC1, GC3, GC4, GC6)
2. Apply relevant legal principles and determine the relative rights of parties in a given fact scenario; (GC2, GC6)
3. Critically analyse and evaluate case law, legislation and commentary in relation to native title and Indigenous intellectual and cultural property with reference to international legal frameworks, comparative contexts and Indigenous perspectives; (GC1, GC2, GC3, GC4, GC6);
4. Evaluate complex legal issues in the context of native title and Indigenous intellectual and cultural property and propose strategies for law reform; (GC1, GC2, GC3, GC6).
5. Demonstrate effective oral and written communication skills and the ability to resolve legal problems using negotiation techniques. (GC2, GC3, GC5)

Graduate Capabilities

Your understanding of the unit content and the development of skills will assist you to acquire the following law graduate capabilities:
GC1 Discipline Knowledge
GC2 Problem Solving, Reasoning and Research
GC3 Effective Communication
GC4 Lifelong Learning
GC5 Work Independently and Collaboratively
GC6 Professional, Social and Ethical Responsibility

Content

The content of this unit is:

• An overview of contemporary Indigenous philosophies, knowledges, culture and law and competing Australian histories


• Indigenous intellectual property and cultural rights


• Indigenous Cultural Heritage Law, Policy & Practice in Australia:


• Recognition and Regulation of Native Title in Australia


• Realities of Indigenous Cultural Heritage & Native Title Law and Practice

Approaches to Teaching and Learning

For internal students the teaching and learning strategy comprises one weekly two hour forum. The class will be run as a lectorial (an interactive lecture/tutorial session). This weekly forum will be audio-streamed for external students.

Each session will begin with your lecturer introducing the relevant topic, explaining unfamiliar or difficult areas, and identifying key areas of inquiry and discussion. Your lecturer will then facilitate discussion and exploration of the material, with particular emphasis being placed on critical analysis of the legal principles and their practical operation. Internal students will be assessed on their contribution to class discussions. External students will be assessed on their contributions to the online discussion forum.

Study Guide
The Study Guide for the unit is designed to provide a framework for group discussions and directional guidance for your research. In most cases there is for each topic a short synopsis and commentary, together with a list of key issues and a selection of designated readings. You should prepare for classes and/or participation in the online discussion forum by reading the Study Guide and any cases and materials specifically identified there as prescribed reading.

Online Materials
The unit materials, learning resources and any specific teaching aids used (eg powerpoint slides) will be available on Blackboard online site. Students can also access the Course Materials Database via the Blackboard online site.

An online discussion forum will be conducted for external students. External students will be assessed on their contribution to the online discussion forum.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).Formative feedback is designed to give you guidance on the development of your understanding of the unit concepts, legal content areas, and the graduate capabilities and skills being taught in this unit. Students will be provided feedback through:

• The face-to-face weekly forums (internal students);


• The online discussion forums (external students);


• The individual feedback on your assignment and written submissions for the negotiation exercise.


• The generic feedback on the assignment placed on the unit's Blackboard site;


• The generic feedback on the examination placed on the unit's Blackboard site; and


• The option of private consultation with a member of the teaching team during student consultation.

You should reflect upon the feedback received in this unit (both individual and generic as provided on Blackboard) for the purpose of identifying:

• Gaps in your knowledge of the historical, social and political context of Indigenous cultural heritage and native title law;


• Gaps in your knowledge of the disciplinary knowledge as it relates to Indigenous cultural heritage and native title law;


• Strategies to develop your communication, critical analysis, legal analysis and problem solving skills; and


• Strategies to develop an ethical orientation and reflective practice as a legal professional.

Assessment name: Discussion Forum
Description: Participation in weekly discussions forums or on-line discussion group.
Relates to objectives: 1-5.
Weight: 10%
Internal or external: Both
Group or individual: Individual
Due date: Weeks 1-13

Assessment name: Assignment
Description: Critical analysis of Indigenous cultural heritage protection under Federal and/or Queensland legislation. Word limit: 2500 words.
Relates to objectives: 1-5.
Weight: 30%
Internal or external: External
Group or individual: Individual
Due date: Week 8

Assessment name: Take Home Exam
Description: The examination will consist of a combination of short problem and essay questions arising out of the material covered during your lectorials.
Relates to objectives: 1-5.
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Examination Period

Assessment name: Negotiation Exercise
Description: Prepare documents setting out the rights of parties to a given facts scenario by applying relevant legal principles (2000 words): due week 10. Negotiate on behalf of parties to achieve an agreed outcome that reflects the relative rights of parties: scheduled weeks 11-12.
Relates to objectives: 1, 2, 5
Weight: 30%
Internal or external: Internal
Group or individual: Group
Due date: Weeks 11-12

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

There is no one prescribed text for this unit. However, in addition to the materials listed in the Study Guide for specific topics and any materials made available to students through the Blackboard site for this unit, the following general references are highly recommended:

• Lisa Strelein, Compromised Jurisprudence: Native title cases since Mabo, (Aboriginal Studies Press, Canberra 2nd ed, 2009).


• Richard H Bartlett, Native Title in Australia, (Butterworths, Sydney, 2nd ed 2004).


• McRae, Neitthem, Anthony, Beacroft, Brennan, Davis and Janke, Indigenous Legal Issues: Commentary & Materials, (Thomson Lawbook Co, Sydney, 4th ed 2009).


• Native Title Act 1993 (reprint no.6) and amendments (CanPrint Communications 2010).

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: 10-Oct-2012