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:

1. Demonstrate familiarity with and advanced knowledge of basic issues surrounding legal constructions of Indigenous identity and their legal and non-legal impact.
2. Assess the importance of and demonstrate familiarity with some culturally appropriate protocols (including in the use of language).
3. Analyse and critically evaluate the limits of constitutional protections afforded to Indigenous peoples, and the role of constitutional law in relation to government policy and legislation relating to Indigenous Australians.
4. Analyse and critically evaluate the effect of international instruments and mechanisms on domestic legal issues affecting Indigenous peoples.
5. Analyse and critically evaluate conceptual and legal problems with property law relating to Indigenous peoples.
6. Identify and assess domestic and international legal avenues for protection of Indigenous rights and interests.
7. Plan, design and conduct legal and general research with some independence in order to develop new understanding in a piece of research.

Research-Led Teaching

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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

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

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

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 details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the course Identity
2	Legal context of colonisation
3	Protection
4	The Royal Commission into Aboriginal Deaths in Custody
5	Criminalisation
6	Intervention
7	Anti-Discrimination laws and Indigenous peoples
8	First Nations and Legal pluralism
9	UN Permanent Forum on Indigenous issues
10	Native Title and Traditional Knowledge
11	Rights
12	Sovereignty

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Course participation	10 %	05/11/2019	28/11/2019	1,2,34,5,6
Mid semester reflective report	10 %	30/08/2019	20/09/2019	1,2,34,5,6
Final reflective report	10 %	25/10/2019	28/11/2019	1,2,34,5,6
Research Essay	70 %	28/10/2019	28/11/2018	1,2,34,5,6,7

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 ANU Online 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

Effective participation in this course requires around 7 hours of reading each week.Attendance is compulsory and class participation during seminars will be assessed as part of the course participation mark. Students are required to reflect in writing after each class.

Assessment Task 1

Course participation

Brief Details: It is expected that students will regularly attend and participate in classes.

Nature of Task: Compulsory and non-redeemable. Failure to participate will result a zero mark for the task.

Weighting: 10%

Due date: Ongoing

Estimated return date: After release of results via Wattle

Assessment Criteria: 

• Demonstrated completion of weekly reading and weekly written reflection.
• Demonstrated understanding of issues raised by reading as evidenced by initiating, voluntarily contributing or responding to in-class discussion as well as by the quality of responses to questions semi-randomly asked of each student during the semester.
• Discussion that is focused, intellectually critical and respectful.
• Raising issues or questions associated with reading and course material introduced

Assessment Task 2

Mid semester reflective report

Details of Task: You will be asked to reflect on the class discussion each week for the first half of the semester. You are required to submit one reflection at the end of the first half of semester (Week 6)

Nature of Task: Compulsory. Failure to submit this assessment will result in a zero for this assessment task.

Weighting: 10%

Word limit: 550 words.

Release: Students may choose to reflect on week 2 of class, or any other week until week 6.

Due date: End of Week 6 via Wattle dropbox. Late submission (without an extension) are permitted, although late penalties will apply.

Estimated return date: Week 7 via Wattle dropbox.

Assessment Criteria:

• Capacity to reflect on and demonstrate learnings from class preparation and in-class learning experiences.
• Capacity to develop ongoing reflective habits
• Capacity to observe and reflect on social justice issues
• Ability to consider different perspectives, possibilities and/or values
• Clear expression
• Analysis

Assessment Task 3

Final reflective report

Details of Task: You will be asked to reflect on the class discussion each week for the second half of the semester. You are required to submit one reflection at the end of the second half of semester.

Nature of Task: Compulsory. Failure to submit this assessment will result in a zero for this assessment task.

Weighting: 10%

Word limit: 550 words.

Release: Students may choose to reflect on week 7 of class, or any other week until week 6.

Due date: End of Week 12 via Wattle dropbox. Late submission (without an extension) are permitted, although late penalties will apply.

Estimated return date: After results are released via Wattle dropbox

Assessment Criteria:

• Capacity to reflect on and demonstrate learnings from class preparation and in-class learning experiences.
• Capacity to develop ongoing reflective habits
• Capacity to observe and reflect on social justice issues
• Ability to consider different perspectives, possibilities and/or values
• Clear expression
• Analysis

Assessment Task 4

Research Essay

Brief Description: Students can select to write a research essay on a given topic.

Nature of Task: Compulsory. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Word limit: 2,800 words

Release: Week 1

Due date: Monday October 28th Late submission (without an extension) are permitted, although late penalties will apply.

Estimated return date: After release of final results via Turnitin.

Assessment Criteria:

• Capacity for critical reflection, analysis and logical, persuasive argument supported by sound, relevant research that includes both primary and secondary material.
• Understanding of relevant issues in addressing a point of law reform.
• Ability to develop concise, clear recommendations within the text (the use of headings is advisable).
• Appropriate use of language, format, register, spelling, punctuation, grammar, etc

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

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 take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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 Diversity 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