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.

Required Resources

Please see Wattle site for further details.

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the Course & Indigenous Legal Identity
2	The Legal Context of Colonisation
3	Protection, Segregation & Assimilation in Western Australia
4	Assimilation in Australian Indigenous Policy and Law
5	The Stolen Generations
6	Indigenous Australians & Criminal Justice System
7	The Northern Territory Emergency Response (NTER)
8	Legal Pluralism & Indigenous Rights in Comparison
9	Mabo & Native Title Act 1993
10	Native Title Rights in Land and Water (Gulf of Carpentaria Case Study).
11	Rights of Indigenous Peoples: A Global Perspective
12	Uluru Statement & Self Determination & Course Wrap Up

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Weekly Reading Summary	10 %	*	*	1,2,3,4,5,6
1st Research Essay	35 %	31/08/2020	11/09/2020	1,2,3,4,5,6,7
Reflective Report	20 %	28/09/2020	16/10/2020	1,2,3,4,5,6
2nd Research Essay	35 %	05/11/2020	03/12/2020	1,2,3,4,5,6,7

* 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 Academic Integrity . 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.

Assessment Task 1

Weekly Reading Summary

Each week will be a set of Prescribed Readings. This assessment task consists of a short 500 word Weekly Reading Summary. Students will be allocated a set week in which they will be responsible for summarising one of the set of readings. Student allocations will be made in the first week.  

Students will post their Summary in the online forum as a way to encourage discussion among students. The purpose is for you to inform your fellow students of the contents of the reading and what you felt to be most pertinent issues raised in the paper. Readings have been chosen with a view to profiling different views on the topic and stimulating discussion. These Weekly Written Reflections can be the basis for the Reflective Report due in Week 10. 

Details on a template for the Weekly Reading Summary will be discussed in class. However, students do not have to comply with this format and may consider starting a reflection journal. Weekly Reading Summary’s should form part of your Reflective Report.

Brief Details: Each week a select number of students are to produce a 500 word summary of a key reading to the rest of the class to discuss.

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

Weighting: 10%

Due date: Ongoing. Late submissions are not permitted due to nature of task.

Estimated return date: Within one week of submission.

Word Limit: 500 words

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 and 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

1st Research Essay

Students must submit a research essay online via Turnitin on Wattle, addressing one of the topics given to students at beginning of semester or a topic formulated in negotiation with a lecturer before the task is released.

Brief Details: Students to write an essay covering one of the topics discussed from weeks 1-6. Questions will be available from Week 1.

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

Weighting: 35%

Due date: 31 August 2020, 5pm. Late submissions without an extension are permitted although late penalties will apply.

Word limit: 1700 words. Bibliography is not included in the word count.

Estimated return date: Week 7.

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.

Ability to develop concise, clear recommendations within the text (use of headings to signpost argument is recommended).

Appropriate use of language, format, register, spelling, punctuation, grammar etc.

Assessment Task 3

Reflective Report

A Reflective Report must be written in the first person and explore how any particular segment, aspect or part of the class materials or discussions have helped you to gain a deeper, better or different insight into the nature of the interaction between Indigenous and non-Indigenous peoples, and the impact of the state laws and policies on Aboriginal and Torres Strait Islander peoples. The Reflective Report will intensify the learnings from all aspects of the course, by requiring students to consider experiences, the perspectives and views of Indigenous peoples, other students and speakers, your personal, scholarly and professional development, and your views on the legal system and social justice. This task will enable you to draw on your weekly written reflections and tutorial learnings to consider issues of social justice, the role of lawyers (including yourself) and the law in social justice, and to critique the law and legal system based on your experiences, and to reflect on the way that emotion and intelligence are interrelated, and to realise one’s weaknesses and reflect on ways that this can be turned into a strength or managed.

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

Weighting: 20%

Due date: 28 September 2020, 5pm.

Word limit: 1200 words. Bibliography (if any) is not included in the word count.

Estimated return date: Week 10

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

2nd Research Essay

Students must submit a research essay online via Turnitin on Wattle, addressing one of the topics given to students at the beginning of week 7 or a topic formulated in negotiation with a lecturer before the task is released.

Brief Details: Students to write an essay covering one of the topics discussed from weeks 7-12. Questions will be available from Week 7.

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

Weighting: 35%

Due date: 5 November 2020, 5pm.

Word limit: 1700 words. Bibliography is not included in the word count.

Estimated return date: after release of results via Wattle

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.

Ability to develop concise, clear recommendations within the text (use of headings to signpost argument is recommended).

Appropriate use of language, format, register, spelling, punctuation, grammar etc.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. 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 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