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

This unit aims to provide you with a working understanding of the development and operation of the principles which govern the recognition, protection and management of native title and associated Indigenous cultural and intellectual property interests in Australia, within an international legal context. It seeks to develop this understanding in political, legal and comparative contexts, with attention to the varying perspectives on these issues, and with encouragement for you to engage in a critical inquiry and examination of contemporary problems in these fields.

Objectives

On completion of this unit you should be able to :
1. discuss key aspects of Australian law, policy and practice in the fields of native title and land-based Indigenous cultural heritage protection, and of the interrelationship between these two areas of law;
2. explain the history of Australian law and policy in these fields and of the context for its evolution;
3. appraise the varying and often conflicting interests, values and priorities operating in these fields;
4. critically analyse important domestic and comparative case law, legislation and commentary in these fields;
5. analyse and contextualise select issues in these fields and effectively and concisely explain your interpretation and conclusions; and
synthesise and critically evaluate complex legal issues in the context of native title and Indigenous cultural heritage law, and effectively communicate conclusions and strategies for any necessary reform in a substantial written work.

Content

• 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 and native title law and practice.

Approaches to Teaching and Learning

This unit will be taught in conjunction with LWB489.
For internal students the teaching and learning strategy comprises a weekly two hour forum. The class will be run as an interactive lecture/tutorial session. The weekly forum will be audio-streamed for external students. Each session will begin with your lecturer or a guest speaker (or both) 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.
Study Guide
The Study Guide is designed to provide a framework for class 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 by reading the Study Guide and any cases and materials specifically identified there as prescribed pre-class reading. Internal students will be assessed on your contribution to class discussions/discussion forums.
Unit Blackboard site
The unit materials and any specific teaching aids used (eg powerpoint slides) will be available on the unit's Blackboard site. Students can also access the Course Materials Database via the Blackboard 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).

Assessment name: Discussion Forum
Description: Formative assessment of your discussion forum participation and progress in the course will be offered by your lecturer/s during and after class discussions, with a final summative grading being provided at the conclusion of the teaching period.
Internal students will do their discussion forum participation in the weekly lectorial class.
External students will do their discussion forum participation in the weekly online discussion forum.
Relates to objectives: This assessment is linked to objectives 1, 2, 3, 4 and 5.
Weight: 10%
Internal or external: Both
Group or individual: Individual
Due date: During Class

Assessment name: Project (research)
Description: You will be required to submit a written outline of your research paper topic (1,000 words), together with a preliminary literature review by Week 6 of semester. Your topic must be approved by the unit coordinator - you must discuss the proposed topic with your lecturer before commencing your literature review.
Relates to objectives: This assessment is linked to objectives 1, 2, 3, 4 and 6.
Weight: 10%
Internal or external: Both
Group or individual: Individual
Due date: Wk 6

Assessment name: Essay
Description: You will be required to submit a 6,000-8,000 word (maximum) research paper on a topic of your choice that arises out of the areas of law and policy covered in classes.
Relates to objectives: This assessment is linked to objectives 1, 2, 3, 4 and 6.
Weight: 80%
Internal or external: Both
Group or individual: Individual
Due date: Wk 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

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:

• Strelein L, Compromised Jurisprudence: Native title cases since Mabo, Aboriginal Studies Press, Canberra, 2006


• Bartlett R, Native Title in Australia, 2nd edition, Butterworths, Sydney, 2004


• McRae H et al, Indigenous Legal Issues: Commentary & Materials, 3rd edition, Lawbook, Sydney, 2004


• Native Title Act 1993 (Cth), Reprint 6

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: 16-Oct-2012