This course aims to arm students with an understanding of, and a critical approach to, the law as it applies to Aboriginal and Torres Strait Islander peoples. Central to the course is an examination of the extent to which Australian law recognises the rights and interests of Indigenous Australians as citizens and as peoples. It presents constitutional, human rights and property law relating to Indigenous peoples in their socio-political, historical and cultural contexts, questioning the adequacy of the current state of the law with a view to possibilities for future law reform. It acknowledges the disproportionately large role of the law in the lives of this arguably overly-regulated but under-protected group of peoples, providing an understanding of some of the central legal issues facing Indigenous Australians, and the impact this has and has had on Indigenous and non-Indigenous peoples. The course covers issues relating to legal definitions of Indigeneity, the relationship between Indigenous Australians and the state, self-determination, racial discrimination, rights to lands and waters, and the place of Indigenous Australians in the world community of Indigenous peoples. As such, it builds on concepts introduced in Australian Public Law, International Law and Property Law.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Respectfully engage with and apply Indigenous knowledge systems, laws and cultural protocols in research and legal analysis.
- Explore and critically examine key issues of legal principle and policy in this area of law, drawing on domestic, comparative and international legal materials.
- Investigate and critically evaluate legal mechanisms for the recognition and protection of Indigenous peoples’ rights in Australia.
- Design, plan and execute an independent research project that applies knowledge gained within this course to develop new understanding.
Research-Led Teaching
Dr Lisa Strelein is an Honorary Professor at the ANU College of Law. Dr Strelein is one Australia's leading experts on native title and Indigenous rights. Dr Strelein has authored, co-authored and edited numerous books, book chapters and articles over the last 30 years, a small selection of which will be prescribed for the course. Dr Strelein's research is impact driven. Consequently, Lisa has played significant role in law reform and the development of practice in native title and works closely with Aboriginal and Torres Strait Islander organisations around the country. In addition, Dr Strelein has had a leadership role in Aboriginal and Torres Strait Islander research, including the development of the AIATSIS Code of Ethics. Lisa also led the creative team in developing Core Cultural learning. The lectures for this course will feature guests who are experts in their field and will bring Indigenous perspectives and insights from Australia and overseas.
Required Resources
There is no prescribed textbook for this course. A full list of readings will be made available on Wattle two weeks prior to the course commencement date.
Recommended Resources
Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.
ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.
Staff Feedback
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to whole class, groups, individuals, focus group etc
Student Feedback
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.
Other Information
Task submission times refer to Canberra time (AEST/AEDT).
Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Word length and excess word penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.
Class Schedule
| Week/Session | Summary of Activities | Assessment |
|---|---|---|
| 1 | IDENTITYFurther detail will be included in the wattle site. Topics include:
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Activities: compulsory lectures, pre-readingSkills session: course overview and assessmentAssessment: AT2 Participation - continuous assessment |
| 2 | RECOGNITIONFurther detail will be included in the wattle site. Topics include:
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Activities: compulsory lectures and pre-readingSkills session: planning and writing your essayAssessment: AT2 Participation - continuous assessment |
| 3 | CO-EXISTENCEFurther detail will be included in the wattle site. Topics include:
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Activities: compulsory lectures and pre-readingSkills session: course review; writing your reflective reportAssessment: AT2 Participation - continuous assessmentAssessment: AT3 Research Design - due 24 August 2023 |
| 4 | Self-directed research and writing | Assessment: AT1 Core Cultural Learning - due 31 August 2023Assessment: AT4 Reflective Report - due 31 August 2023 |
| 5 | Self-directed research and writing | |
| 6 | Self-directed research and writing | |
| 7 | Self-directed research and writing | |
| 8 | Self-directed research and writing | Non-compulsory check-in |
| 9 | Self-directed research and writing | Assessment: AT5 Research Essay - due 5 October 2023 |
Tutorial Registration
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Core Cultural Learning - Aboriginal and Torres Strait Islander Australia | 0 % | 31/08/2023 | 27/10/2023 | 1 |
| Participation | 10 % | * | 01/09/2023 | 1,2,3,4 |
| Research Design | 15 % | 24/08/2023 | 04/09/2023 | 4 |
| Reflective Report | 25 % | 31/08/2023 | 18/09/2023 | 1,2,3 |
| Research Essay | 50 % | 05/10/2023 | 27/10/2023 | 1,2,3,4 |
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
Policies
ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:
- Academic Integrity Policy and Procedure
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Guideline and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
- Code of practice for teaching and learning
Assessment Requirements
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Participation
For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.
If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend.
Assessment Task 1
Learning Outcomes: 1
Core Cultural Learning - Aboriginal and Torres Strait Islander Australia
Details of Task: Core Cultural Learning (Core) is an online cultural competency program produced by the Australian Institute of Aboriginal and Torres Strait Islander Studies. It provides an introduction to many of the key concepts that will be covered in greater depth in the course. Students are encouraged to complete the 10 modules prior to the week 1 lectures. At a minimum, you will need to have completed modules 1-3 prior to classes and complete the remainder over the duration of the teaching period. Core also has lots of useful further reading that may assist you in developing your research essay. Students must complete all 10 modules and upload their completion certificate through Wattle by 31 August 2023. Failure to do so will result in a 5-mark penalty from the student’s overall mark for the course.
Nature of Task: Compulsory and non-redeemable. Failure to upload the completion certificate will result in 5 marks being deducted from a student's overall course mark.
Weighting: 0% (with a penalty of 5%)
Due Date: 31 August 2023. Due to the nature of the task, late submission or extension is not permitted.
Assessment Criteria: Completion of the 10 online Core Cultural Learning modules.
Assessment Task 2
Learning Outcomes: 1,2,3,4
Participation
Details of Task: Class participation and contribution are integral to the intensive course design. You are expected to attend all online lectures, in which everyone will have a chance to contribute. This task gives you the opportunity to demonstrate oral skills as well as analytical and reflective skills. Specific reading material has been identified for each class, and you are expected to be familiar with the required reading. You will be assessed on the quality of your contributions, not necessarily the quantity.
Nature of Task: Compulsory and non-redeemable. Failure to participate will result in a mark of zero for this task.
Weighting: 10%
Due Date: Ongoing
Estimated Return Date: 1 September 2023
Assessment Criteria:
- Turn up – camera on, mic on;
- Prepare – you have done the required reading and are able to respond when called upon; and
- Contribute – you constructively engage in class discussion and group tasks.
Assessment Task 3
Learning Outcomes: 4
Research Design
Details of Task: Research design in preparation for research essay (Assessment Task 5) - This is an opportunity for you to develop your ideas for the Research Essay and receive feedback. Your submission should set out your plan for writing the Research Essay, including the legal question/s you plan to address, identify the key reading you intend to rely on, outline of your essay structure and identify any ethical issues and how they will be managed.
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 15%
Word Limit: 1000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Students should also consult the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research in planning for their research.
Due Date: 5pm, 24 August 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 4 September 2023
Assessment Criteria:
- Thoughtful and appropriate research topic and question;
- Depth of preliminary research;
- Clarity of expression; and
- Understanding of ethical context.
Assessment Task 4
Learning Outcomes: 1,2,3
Reflective Report
Details of Task: The Reflective Report provides you with the opportunity to demonstrate that you have understood the material and are able to critical reflect on the ideas and issues raised in discussions. You are encouraged to keep a journal over the course of the intensive three weeks of lectures to assist you in developing your final report.
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 25%
Word Limit: 2000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 31 August 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 18 September 2023
Assessment Criteria: Students will need to demonstrate learning, synthesise ideas, connect concepts across lectures/topics and demonstrate a holistic understanding of course content:
- Familiarity with and understanding of class discussions;
- Ability to combine theory and practical examples;
- Reflexivity and analytical thinking; and
- Appropriate and/or creative format.
Assessment Task 5
Learning Outcomes: 1,2,3,4
Research Essay
Details of Task: Using your own research question, the Research Essay provides an opportunity for you engage deeply with an area of the course that interests and challenges you. Your topic must be approved by the Convenor as part of your Task 3 Assessment (Research Design). The essay will allow you to demonstrate your analytical and written skills. It should also demonstrate your ability to write with academic rigour and a present a compelling argument.
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 50%
Word Limit: 4000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Students should also consult the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research in conducting their research.
Due Date: 5pm, 5 October 2023. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 27 October 2023
Assessment Criteria:
- Demonstrates cultural understanding;
- Clarity of essay structure and expression;
- Identifies and addresses the key issue(s) in their chosen topic;
- Shows independent research and makes accurate use of relevant legal material;
- Demonstrates critical thinking and a persuasive argument; and
- Shows awareness of, and compliance with, academic policies.
Academic Integrity
Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.
The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.
The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.
The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.
Online Submission
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
Hardcopy Submission
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Late Submission
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
- Late submission is not accepted for tests or examinations.
- Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.
Referencing Requirements
The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.
Returning Assignments
All marks and feedback will be provided by the return date listed in the class summary.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Privacy Notice
The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Access and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Convener
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Research InterestsIndigenous peoples and the law, legal theory, native title, Indigenous property and commercial law, research ethics |
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Dr Lisa Strelein
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