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

Current articles by your teachers will be made available but are not mandated reading.

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; Mabo, Love, Shaw v Wolfe, Gibbs v Capewell, RDA 1975
2	The Australian Constitution and Issues related to the Constitutional Recognition of Indigenous Peoples
3	Treaty as a subject of International law
4	Domestic Treaties - NT Case Study
5	Protection, Segregation & Assimilation in Western Australia
6	Legal Pluralism & Indigenous Rights in Canada
7	Native Title - Mabo v Queensland; The NTA 1993
8	Native title - The Yorta Yorta Case ; The HCA's meaning of 'law' and 'society'
9	Native Title - Akiba - 'Society' and Commercial Rights
10	(Int Law) UNDRIP and its origins, development and Possible Domestic Implementation
11	(Int Law) Rights of Indigenous Peoples: A Global Perspective; Self Determination (Chagos Advisory Opinion) also briefly touch on CBD, WTO, TRIPS, SPS and TBT Agreements and their impacts on Indigenous Peoples.
12	Conclusion : Barunga Statement, Uluru Statement, Self-Determination & Course Wrap Up

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reflective Report	15 %	06/08/2021	03/09/2021	1,2,3,4,5,6
Research Essay - 1	35 %	06/09/2021	01/10/2021	1,2,3,4,5,6,7
Research Essay - 2	50 %	28/10/2021	*	1,2,3,4,5,6,7
Submission to a Parliamentary Committee	3 %	30/09/2021	*

* 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.

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.

Assessment Task 1

Reflective Report

A Reflective Report , preferably planned before you commence substantive research first your first essay) reflecting the nature of the Australian Constitution (as amended) and its use as a legal basis for the regulation of Indigenous and non-Indigenous peoples. please consider the broader impact of general and specific 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, your personal, scholarly and professional development, and your accumulated views on the legal system and social justice. This task will enable you to draw on your broader understanding of constitutional issues, of social justice, the role of lawyers (including yourself) and the law in context. You (respectfully) may critique law and/or legal systems based on your experiences, but as set in a broader societal context.

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

Weighting: 15%

Due date: 5pm, Friday 6 August 2021 via WATTLE. Late submissions (without an extension) are permitted, but late penalties will apply. 

Word limit: 500 Words (non-substantive footnotes e.g. to relevant cases or material will not be counted).

Estimated return date: 3 September 2021 via Turnitin.

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 2

Research Essay - 1

Students must submit a research essay addressing one of the topics given to students at beginning of semester or a related constitutional topic formulated in negotiation with a lecturer.

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: 5pm, Monday 6 September 2021 via WATTLE. Late submissions (without an extension) are permitted, but late penalties will apply. 

Word limit: 2500 words. The bibliography and non-substantive footnotes are not included in the word count.

Estimated return date: Week 8 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.

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

Research Essay - 2

Students must submit a research essay 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: 50%

Due date: 5pm, Thursday 28 October 2021 via WATTLE. Late submissions (without an extension) are permitted, but late penalties will apply.

Word limit: 3000 words. Bibliography and non-substantive footnotes are not included in the word count.

Estimated return date: Official end of semester results release date 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.

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 4

Submission to a Parliamentary Committee

Students can make a submission to the Northern Territory Treaty Commission the details of which will be discussed with and agreed upon in class. All submissions need to be constructive and respectful.

Nature of task: Optional

Value or weighting: Bonus 3% - the maximum mark available in the course is still 100%.

Release: Discussion Paper with relevant information details available now: https://treatynt.com.au/__data/assets/pdf_file/0008/906398/treaty-discussion-paper.pdf

Due date: Submissions need to be provided by 30 September 2021 by email: to admin@treatynt.com.au. A copy of the submission also needs to be submitted via Turnitin .

Estimated return date: Official end of semester results release date via Turnitin.

Criteria for marking: Generally submissions must accord with the requirements of the body to which the submission is being made.

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.
• 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 given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

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