The Kimberley Aboriginal Justice Clinic is part of a collaboration between Kimberley Community Legal Services (‘KCLS’) in Western Australia and the ANU College of Law which aims to increase positive justice impacts by, for and with Aboriginal people.

Aboriginal people in the Kimberley are striving for social, economic, legal and political advancement and over 90% of the Kimberley is determined Native Title land. However, barriers to justice include extreme disadvantage, gross under-resourcing of non-profit legal services in the region and enormous lacks relating to law and justice across the cultural interface.

In this course student learning is driven by involvement in law in action justice work. The course is structured around students undertaking paralegal work at the KCLS Aboriginal Justice Clinic at the Law School. The clinic is incorporated real-time in the KCLS legal practice and students are supervised by KCLS lawyers. This is an immersive and challenging context for guided exploration about how law has been instrumentalized in relation to First Nations peoples, and the impacts. Also, whether and how laws, legal institutions and legal practice can become forces for empowerment. 

The course includes consideration of substantive areas of law, public policy, and critical Indigenous legal theories and presents principles and concepts which are pressed by First Nations peoples in pursuit of justice, rights and empowerment. The course emphasises the voices, lived experiences and authority of Aboriginal people of the Kimberley and engages and supports students in exploring how theory works in step with practice and reflection.

Accordingly, students will complete a workshop program which incorporates familiarization with KCLS and the Hotdesk, key skills, self-care, cultural protocols, and the concepts of reflection, reflexivity, settler-colonialism, epistemic injustice and approaches to empowerment. Students also complete a minimum of 10 x 1 day (7 hour) paralegal sessions at the KCLS-ANU Hotdesk and assessments consisting of reflective case studies which critically explore readings and themes in the course, and a research paper related to themes in the course.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Critically analyse and reflect on concepts including, but not limited to, personal and societal legacies of colonialization, cultural security, and voice, and evaluate how self-determination can empower both Indigenous and non-indigenous people to improve social justice outcomes.
2. Outline how the idea of epistemic injustice is being used to critique settler-colonial law in Australia and consider how this may be applied to critique legal education, legal practice and justice.
3. Examine and discuss legal problems within substantive areas of law impacting on Aboriginal people in the Kimberley using doctrinal and social policy approaches and approaches applying critical Indigenous legal theories.
4. Identify and critically analyse a range of legal practice approaches and collaborative actions, having regard to an ethos of service and the wishes, interests and rights of Aboriginal people in the Kimberley.
5. Design, plan, collaborate on and complete a research-based project relating to an aspect of law, justice or legal education as it impacts on Aboriginal people in the Kimberley.

Examination Material or equipment

This course does not require students to sit an exam.

Required Resources

Required resources and links to required resources will be provided or indicated on the course Wattle site.

Recommended Resources

Recommended resources and links to recommended resources will be provided or indicated on the course Wattle site.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback via rubric
• feedback to the whole class, to groups, to individuals, focus groups

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	Hotdesk Induction, Onsite Days & Seminar	NB: start and finish times for on-site days accord with WA office hours (11am-6pm ADST or 10-5pm AEST)
2	Hotdesk Onsite Days & Seminar
3	Hotdesk Onsite Days & Seminar
4	Hotdesk Onsite Days & Seminar	1st Reflective Case Study Due
5	Hotdesk Onsite Days & Seminar
6	Hotdesk Onsite Days & Seminar	Final Approval for Research Project
7	Hotdesk Onsite Days (NB: onsite days continue during semester break)	Teaching break - 2nd Reflective Case Study Due
8	Hotdesk Onsite Days (NB: onsite days continue during semester break)	Teaching break
9	Hotdesk Onsite Days & Seminar
10	Hotdesk Onsite Days & Seminar
11	Hotdesk Onsite Days & Seminar
12	Hotdesk Onsite Days & Seminar
13	No seminar or attendance requirement
14	No seminar or attendance requirement	Research Project Due

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Onsite Days at the Kimberley Aboriginal Justice Hotdesk	0 %	*	18/05/2020	1, 2, 3, 4, 5.
Seminar Attendance	0 %	*	18/05/2020	1, 2, 3, 4, 5.
Reflective Case Study 1.	20 %	18/03/2020	25/03/2020	1, 2, 3, 4.
Reflective Case Study 2.	20 %	15/04/2020	29/04/2020	1, 2, 3, 4.
Research Project	60 %	02/06/2020	09/07/2020	1, 2, 3, 4, 5.

* 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.

Assessment Task 1

Onsite Days at the Kimberley Aboriginal Justice Hotdesk

Brief Description: Students will be rostered to attend and work as paralegals on the Kimberley Aboriginal Justice Hotdesk one day each week for 12 weeks.

Nature of Task: The Hotdesk operates as a remote office of the Kimberley Community Legal Service. Its functions are central to the Kimberley Aboriginal Justice Clinic.

Weighting: 0%

Duration: The Hotdesk operates for 12 weeks from the first week of the semester, including through the mid-semester break.

Due date: Ongoing. The Hotdesk commences operation on Monday 24 February 2020.

Estimated return date: The Hotdesk will cease operation on Friday 14 May 2020.

Assessment Criteria: N/A

Assessment Task 2

Seminar Attendance

Nature of Task: Weekly seminars will be held to support students in their work on the Kimberley Aboriginal Justice Hotdesk and in the design and development of their research project. Seminars are designed to support preparation and enable reflection. Failure to attend a minimum of eight (8) of the ten (10) seminars, without documented extenuating circumstances, will result in an NCN for the course.

Weighting: 0%

Duration: Seminars will be held on Tuesday afternoons from 3-5pm during the first 10 teaching weeks of the semester.

Due date: Ongoing. Seminars commence on Tuesday 25 February at 3pm.

Assessment Criteria: N/A

Assessment Task 3

Reflective Case Study 1.

Details of Task: Student work on the Kimberley Aboriginal Justice Hotdesk involves engagement with systemic advocacy and client casework matters. Working as a paralegal on client matters presents an opportunity for experiential learning and reflective practice as legal learning is put into action. The Reflective Case Study provides an opportunity for students to reflect on this experiential learning process and consider the challenges involved in working to achieve justice for Aboriginal peoples in the Kimberley. For the purpose of the Reflective Case Study, students may choose a KCLS case on which they have been working or review a finalised KCLS case file. The KCLS case or case file must involve legal work undertaken for an Aboriginal client.

Nature of Task: Compulsory. Failure to complete the task will result in a 0 for this task.

Weighting: 20%

Word Limit: 1000 words maximum.

Due date: 5 pm 18 March 2020, via Wattle Turnitin dropbox. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated return date: Feedback by 25 March 2020 via Wattle.

Assessment Criteria:

Quality and clarity of critical reflections in relation to the following:

• the legal problem faced by the client;
• the area of substantive settler-colonial law applicable to the client's situation;
• the experience of working under the direction of a KCLS lawyer, including interpersonal dynamics and the challenges of communication (not applicable if the Reflective Study is based on a review of a KCLS case file);
• aspects of the client's circumstances or experience as an Aboriginal person living in the Kimberley;
• legacies of colonisation, and presence or absence of cultural safety, voice and self-determination;
• legal practice approaches and the capacity for these approaches to have justice impacts for the client and Aboriginal peoples of the Kimberley;
• personal reactions (including emotional) to the experience of working on or reviewing the client matter as an Indigenous or non-Indigenous law student;
• personal and professional growth, including emerging insights with respect to cultural safety and empowerment.

Assessment Task 4

Reflective Case Study 2.

Details of Task: Student work on the Kimberley Aboriginal Justice Hotdesk involves engagement with systemic advocacy and client casework matters. Working as a paralegal on client matters presents an opportunity for experiential learning and reflective practice as legal learning is put into action. The Reflective Case Study provides an opportunity for students to reflect on this experiential learning process and consider the challenges involved in working to achieve justice for Aboriginal peoples in the Kimberley. For the purpose of the Reflective Case Study, students may choose a KCLS case on which they have been working or review a finalised KCLS case file. The KCLS case or case file must involve legal work undertaken for an Aboriginal client.

Nature of Task: Compulsory. Failure to complete the task will result in a 0 for this task.

Weighting: 20%

Word Limit: 1000 words maximum.

Due date: 5 pm 15 April 2020, via Wattle Turnitin dropbox. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated return date: Feedback by 29 April 2020 via Wattle.

Assessment Criteria:

Quality and clarity of critical reflections in relation to the following:

• the legal problem faced by the client;
• the area of substantive settler-colonial law applicable to the client's situation;
• the experience of working under the direction of a KCLS lawyer, including interpersonal dynamics and the challenges of communication;
• aspects of the client's circumstances or experience as an Aboriginal person living in the Kimberley;
• legacies of colonisation, and presence or absence of cultural safety, voice and self-determination;
• legal practice approaches and the capacity for these approaches to have justice impacts for the client and Aboriginal peoples of the Kimberley;
• personal reactions (including emotional) to the experience of working on the client matter as an Indigenous or non-Indigenous law student;
• personal and professional growth, including emerging insights with respect to cultural safety and empowerment.

NB: Noting that this is the second Reflective Case Study, students are encouraged to reflect on how their experience and and insight may have changed or developed.

Assessment Task 5

Research Project

Details of task: Student work on the Kimberley Aboriginal Justice Hotdesk involves engagement with systemic advocacy for and with Aboriginal peoples of the Kimberley, taking the lead from the Kimberley based Director of the KCLS-ANU Aboriginal Justice Partnership. As part of this work, students will be required to work with the Director, the course convenor and other clinic students, to plan, design, collaborate on and complete a research-based project relating to an aspect of law, justice or legal education which impacts on Aboriginal peoples of the Kimberley. Final approval for the research-project must be given by the Director and course convenor by the end of Week 6. The task will involve group work. The starting point is that final assessment will be submitted individually, relating to the whole or one aspect of the group's work. However the final assessment may also be submitted by a group, subject to approval of the course convenor. Group members who elect to be marked as a group will receive the same final mark for this assessment. Election to submit and be marked as a group must be made by the end of Week 6.

Nature of Task: Compulsory. Failure to submit the Research Project will result in a 0 for this task.

Weighting: 60%

Word limit: 2,500 words

Topic and group assessment approval date: By the end of week 6.

Due date: 5 pm Tuesday 2 June 2020 via Turnitin. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated return date: 9 July 2020 via Turnitin.

Assessment Criteria:

• Articulation of research question or justice issue being addressed;
• Persuasiveness of argument or response in relation to the research question or justice issue identified;
• Value of research, response or resource created for the KCLS and Aboriginal peoples of the Kimberley;
• Creativity of argument, research, response or resource;
• Structure and logical development;
• Quality of critical analysis;
• Breadth and depth of relevant research;
• Quality of written expression;
• Referencing and compliance with AGLC.

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