• Class Number 7234
  • Term Code 3160
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • AsPr Anthony Hopkins
  • Class Dates
  • Class Start Date 26/07/2021
  • Class End Date 29/10/2021
  • Census Date 14/09/2021
  • Last Date to Enrol 02/08/2021
SELT Survey Results

Legal Education for True Justice: Indigenous Perspectives and Deep Listening on Country (LAWS4307)

This on country intensive course, delivered through a collaboration between the North Australian Aboriginal Justice Agency and the ANU College of Law, aims to equip students with knowledge to critically assess law’s history, characteristics and impacts from the perspectives of Aboriginal and Torres Strait Islander peoples. Central to the course is the examination of the adequacy of the current state of Australian legal education, legal practice, law and justice in relation to First Nations peoples, with a view to possibilities for reform.

The course acknowledges the multidimensional roles of law and explores connections between law, culture and identity and between law, legitimacy and resources. Additional issues include the roles of legal education, legal practice and the legal system concerning how lawfulness and justice are constructed and performed. The course incorporates consideration of substantive areas of law such as legal ethics, property, criminal and civil law.

The course presents principles and tools to support reappraisal and future leadership to better address legal and societal dimensions of justice, rights and empowerment for First Nations peoples.

The course covers issues relating to Indigenous world views, historical and contemporary Indigenous experiences of settler-colonialism, the phenomena of legacy relationships and legacy systems, and concepts of cultural safety and decolonisation. Students will critically assess the implications of issues for themselves, relating to Indigenous peoples, and relating to the future of law and justice in Australia. As such, the course builds on concepts introduced in Lawyers, Justice and Ethics, Australian Public Law, International Law and Property Law.

Students will complete orientation workshops (max 6 hours) prior to departure, complete the on country intensive (5 days), and submit reflective assessments. Students will have six weeks after completing the intensive to write a research paper on an aspect of decolonising legal education, legal practice, law and justice in Australia and present their findings.


Students must apply to undertake this course. Please go to Law Professional Experience for application information. 

Learning Outcomes

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

  1. Critically analyse how reflexive insights into personal and societal legacies of colonisation can relate to shifting power relations for Indigenous empowerment and Australian national building.
  2. Differentiate between how concepts of cultural competency, cultural safety, cultural security and the like can operate to empower Indigenous people and improve social justice.
  3. Critically discuss how non-Indigenous settler-colonial knowledge systems construct their own identities and those of Indigenous peoples.
  4. Investigate and critically analyse conceptual and legal problems within substantive areas of law such as legal ethics, property, criminal and civil law relating to Indigenous peoples.
  5. Evaluate a variety of impacts of the cultural interface on legal education, legal practice, law and justice in Australia.
  6. Identify and evaluate a range of legal practice approaches having regard to the wishes and interests of Indigenous people and Indigenous peoples.
  7. Propose concrete and achievable ways in which they can promote Indigenous peoples access to justice and equality before the law.
  8. Conduct research into an aspect of decolonising legal education, legal practice, law and justice in Australia and present findings.

Research-Led Teaching

Associate Professor Anthony Hopkins began his career working for the Aboriginal Legal Service in Mparntwe/Alice Springs (now NAAJA). He was a practicing criminal defence barrister in the ACT from 2010 until May 2021 when he was appointed as a Special Magistrate sitting in the Galambany Circle Sentencing Court. He has an established track record of research scholarship (including PhD) and professional and community engagement activities focused on Indigenous justice and criminal justice law reform.

Field Trips

Replacement: Due to the COVID-19 pandemic the on-Country intensive has been cancelled. Only students who are required to graduate remain enrolled in this adapted course which maintains its focus on listening to Indigenous voices though direct engagement with the recently published text Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making and with Indigenous academics, lawyers, writers and activists who re-wrote the judgments contained in that text. The on-Country intensive has been replaced with an Indigenous Legal Judgments Reflection and Re-Writing intensive in which students will be prepared to engage creatively with re-writing a chosen judgment involving an Indigenous person, plaintiff, defendant, community, people, nation or justice concern from a positional stance as either an Indigenous or non-Indigenous person in accordance with the student's identity. This is intended to enable students to explore their own relationship with Country and its peoples, through unsettling settler-colonial legal discourse and expressions of power contained in the language and reasoning of legal decisions.

Additional Course Costs

Nil

Required Resources

Students will need to carefully prepare for the on-Country intensive, packing clothing and other belongings that are suitable for the conditions that they may find in Central Australia. Guidance will be provided in relation to relevant resources in seminars and via Wattle in the lead up to the on-Country intensive. There is no set text for the course. Reading and other textual resources will be provided to students via the course Wattle site.

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
  • via rubric


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 No Seminar
2 No Seminar
3 Introduction, Orientation and Course Overview
4 No Seminar
5 No Seminar
6 Preparation for the Indigenous Legal Judgments/Judgment Re-Writing Intensive
7 Judgment Re-Writing Workshop 1 Reflective Report on Chosen Indigenous Legal Judgment 30%
8 No Seminar
9 No Seminar
10 Judgement Re-Writing Workshop 2 Work in Progress Judgment Re-Write Presentation 10%
11 No Seminar
12 No Seminar Re-Written Judgment and Reflective Justification 60%

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Reflective Report on Chosen Indigenous Legal Judgment 30 % 20/09/2021 27/09/2021 1,2,3,4,5,6
Work in Progress Judgment Re-Write Presentation 10 % * 18/10/2021 1,2,3,4,5,6,7,8
Re-Written Judgment and Reflective Justification 60 % 25/10/2021 * 1,2,3,4,5,6,7,8

* 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:

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

There is no participation mark for the course. However it is expected that all students will demonstrate a commitment to attending, listening, reflecting and engaging in all seminars and course activities with respect, humility and enthusiasm.

Examination(s)

There is no examination in this course.

Assessment Task 1

Value: 30 %
Due Date: 20/09/2021
Return of Assessment: 27/09/2021
Learning Outcomes: 1,2,3,4,5,6

Reflective Report on Chosen Indigenous Legal Judgment

COVID-19 Pandemic Adaptation: Only students who are required to graduate remain enrolled in this adapted course which maintains its focus on listening to Indigenous voices though direct engagement with the recently published text Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making (2021) and with Indigenous academics, lawyers, writers and activists who re-wrote the judgments contained in that text. The on-Country intensive has been replaced with an Indigenous Legal Judgments Reflection and Re-Writing intensive in which students will be prepared to engage creatively with re-writing a chosen judgment involving an Indigenous person, plaintiff, defendant, community, people, nation or justice concern from a positional stance as either an Indigenous or non-Indigenous person in accordance with the student's identity. This is intended to enable students to explore their own relationship with Country and its peoples, through unsettling settler-colonial legal discourse and expressions of power contained in the language and reasoning of legal decisions.


Brief Description: Students are required to choose a Judgement from Indigenous Legal Judgments: Bringing Voices into Judicial Decision Making (2021) and write a Reflective Report based on a close engagement with that judgment, its sources of authority and the original judgment that was the subject of the re-write. There is no set format for this report. However the reflective report must engage with the assessment criteria/reflection topics set out below.

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

Weighting: 30%

Word limit: 1500 words maximum

Due date: 5pm, Monday 20 September 2021 via Wattle. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated return date: Monday 27 September 2021

Assessment Criteria:

Quality and clarity of insights and reflections in relation to some or all of the following:

  • cultural humility, competency, safety, security and empowerment
  • personal reactions (including emotional) to listening, engaging and responding to Indigenous voices expressed in and through the judgment
  • personal and societal legacies of colonisation, colonial power and Indigenous resistance
  • differences between Indigenous and settler-colonial knowledge systems, law and authority
  • conflicts between Indigenous and settler-colonial knowledge systems, law and authority, including the impact of this conflict
  • the potential for conflict resolution and true justice
  • the potential for decolonising legal education, legal practice, law and justice in Australia
  • personal and professional growth.

Assessment Task 2

Value: 10 %
Return of Assessment: 18/10/2021
Learning Outcomes: 1,2,3,4,5,6,7,8

Work in Progress Judgment Re-Write Presentation

COVID-19 pandemic Adaptation: Only students who are required to graduate remain enrolled in this adapted course which maintains its focus on listening to Indigenous voices though direct engagement with the recently published text Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making (2021) and with Indigenous academics, lawyers, writers and activists who re-wrote the judgments contained in that text. The on-Country intensive has been replaced with an Indigenous Legal Judgments Reflection and Re-Writing intensive in which students will be prepared to engage creatively with re-writing a chosen judgment involving an Indigenous person, plaintiff, defendant, community, people, nation or justice concern from a positional stance as either an Indigenous or non-Indigenous person in accordance with the student's identity. This is intended to enable students to explore their own relationship with Country and its peoples, through unsettling settler-colonial legal discourse and expressions of power contained in the language and reasoning of legal decisions.


Brief Description: Students are required to choose a judgment involving an Indigenous person, plaintiff, defendant, community, people, nation or justice concern from any settler-colonial jurisdiction or time period and set about the task of re-writing that judgment from a positional stance as either an Indigenous or non-Indigenous person in accordance with the student's identity, drawing so far as possible on Indigenous voices, perspectives and authority. Students are permitted to work together in groups of no more than three, to prepare a single judgment or a decision containing separate judgments from judges sitting as a appellate bench. Students are required to receive approval via email from the convenor before completing this assessment in a group and will do so on the understanding that they will receive a group mark for the oral assessment. This is a creative and challenging task and accordingly there is no set format for the re-written judgment. It may follow a relatively standard settler-colonial methodology or unsettle that methodology. As was done by some of the judgment writers in the text from which inspiration is drawn, students may also engage in a creative refusal to write a judgment. Students will deliver a work in progress oral presentation on their efforts to re-write a judgment, including their methodology and their experience of engaging in the process.

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

Weighting: 10%

Time limit: 5 minutes for presentation with 5 minutes for questions and feedback.

Due date: Oral Presentations will be delivered during the Week 10 Research Project Workshop, commencing 3pm on Tuesday 12 October 2021. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: Qualitative feedback will be provided immediately following delivery of the presentation. A mark and any further feedback by way of written comment be provide to students via email by Monday 18 October 2021.

Assessment Criteria:

  • Articulates reason for selecting original judgment for re-writing, including the Indigenous justice issue it concerns
  • Provides brief explanation of the original judgment, including ways in which if fails to engage with Indigenous voices, perspectives and authority
  • Articulates methodology for re-writing the judgment, including the ways in which the re-write engages with Indigenous voices, perspectives and authority OR
  • Articulates reasons for refusal, having regard to Indigenous voices, perspectives and authority
  • Identifies challenges faced in the process of re-writing including positional, emotional, political and practical
  • Identifies ways in which re-writing or refusal can unsettle and shift existing power relations and settler-colonial knowledge systems
  • Provides outline of re-written judgment or creative refusal
  • Communicates with clarity, precision and accuracy (noting that students may challenge standard forms of legal writing)


Assessment Task 3

Value: 60 %
Due Date: 25/10/2021
Learning Outcomes: 1,2,3,4,5,6,7,8

Re-Written Judgment and Reflective Justification

COVID-19 Pandemic Adaptation: Only students who are required to graduate remain enrolled in this adapted course which maintains its focus on listening to Indigenous voices though direct engagement with the recently published text Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making (2021) and with Indigenous academics, lawyers, writers and activists who re-wrote the judgments contained in that text. The on-Country intensive has been replaced with an Indigenous Legal Judgments Reflection and Re-Writing intensive in which students will be prepared to engage creatively with re-writing a chosen judgment involving an Indigenous person, plaintiff, defendant, community, people, nation or justice concern from a positional stance as either an Indigenous or non-Indigenous person in accordance with the student's identity. This is intended to enable students to explore their own relationship with Country and its peoples, through unsettling settler-colonial legal discourse and expressions of power contained in the language and reasoning of legal decisions.


Brief Description: Students are required to choose a judgment involving an Indigenous person, plaintiff, defendant, community, people, nation or justice concern from any settler-colonial jurisdiction or time period and set about the task of re-writing that judgment from a positional stance as either an Indigenous or non-Indigenous person in accordance with the student's identity, drawing so far as possible on Indigenous voices, perspectives and authority. Students are permitted to work together in groups of no more than three, to prepare a single judgment or a decision containing separate judgments from judges sitting as a appellate bench. Students are required to receive approval via email from the convenor before completing this assessment in a group and will do so on the understanding that they will receive a group mark for the re-written judgment or refusal. This is a creative and challenging task and accordingly there is no set format for the re-written judgment. It may follow a relatively standard settler-colonial methodology or unsettle that methodology. As was done by some of the judgment writers in the text from which inspiration is drawn, students may also engage in a creative refusal to write a judgment. The final assessment will be a combination of:


(1) a re-written judgment or creative refusal; and

(2) a reflective justification that explores the challenges faced in the process of re-writing or refusing to re-write


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

Weighting: 60%

Word limit: 3000 words. Note: This word limit can be allocated as between the re-written judgment/creative refusal and reflective justification in the student's discretion with a minimum of 1000 words allocated to the reflective justification. In the event that students re-write a judgment or engage in creative refusal as a group, the total word limit will be increased to 3500 words, with each student required to submit an individual reflective justification with a minimum of 1500 words.

Due date: 5pm, Monday 25 October 2021 via Turnitin. Late submission (ie without an extension) is permitted, although late penalties will apply.

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

Assessment Criteria:

Re-Written Judgment/Creative Refusal

  • Clarity and accuracy of explanation of Indigenous justice issue concerned
  • Reflexive, respectful and positional engagement with Indigenous voices, perspectives and authority
  • Engagement with settler-colonial/Indigenous power relations and capacity to unsettle and support Indigenous empowerment
  • Depth of research into the original case and Indigenous perspectives relating to the case or the justice issue concerned
  • Creativity and persuasiveness of reasoning (re-write) or response (refusal); including engagement with the intended audience


Reflective Justification

  • Articulates reason for selecting original judgment for re-writing, including the Indigenous justice issue it concerns
  • Explains original judgment, including ways in which if fails to engage with Indigenous voices, perspectives and authority
  • Articulates methodology for re-writing the judgment, including the ways in which the re-write engages with Indigenous voices, perspectives and authority OR
  • Articulates reasons for refusal, having regard to Indigenous voices, perspectives and authority
  • Identifies ways in which re-writing or refusal can unsettle and shift existing power relations and settler-colonial knowledge systems
  • Identifies challenges faced in the process of re-writing including positional, emotional, political and practical


General

  • Clarity of communication and quality of written expression (noting that students may challenge standard forms of legal writing in their judgment/refusal)
  • Persuasiveness of argument in response to question or problem
  • Structure and logical development
  • Quality of critical analysis
  • Breadth and depth of relevant research across a variety of sources, with priority given to Indigenous voices, perspective and authority
  • 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.
  • 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).

AsPr Anthony Hopkins
anthony.hopkins@anu.edu.au

Research Interests


Criminal Justice, Indigenous Peoples and the Law, Therapeutic Jurisprudence, Decarceration, Emotion in Law, Mindfulness and Compassion

AsPr Anthony Hopkins

Tuesday 13:00 15:00
Wednesday 14:00 16:00

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions