• Class Number 1598
  • Term Code 3220
  • Class Info
  • Unit Value 3 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • Dr Virginia Marshall
  • LECTURER
    • Dr Virginia Marshall
  • Class Dates
  • Class Start Date 21/02/2022
  • Class End Date 08/04/2022
  • Census Date 04/03/2022
  • Last Date to Enrol 04/03/2022
SELT Survey Results

Indigenous peoples of Australia are the oldest living (surviving) culture in the world. In Australia, the Indigenous call for a ‘Voice’, Treaty and Truth-telling requires us to re-frame and reconstruct institutionalised governance systems, and to re-assert the legitimacy of Indigenous peoples' self-governance. Governance systems have often applied westernised models of ‘good governance’ to Indigenous communities in Australia, and globally. This course investigates the models and effectiveness of Indigenous-led governance systems, or in the Wiradjuri language, Biyam-burru-wa-la-nha: 'the rules of governing'. This course examines how these intersect with non-indigenous governance systems in Australia and in comparative jurisdictions such as Canada and Aotearoa-New Zealand. Looking at case-studies that include first contacts between First Peoples and colonial powers, and contemporary settings such as the Kimberley region, Western Australia and the Murray-Darling Basin in NSW, the course asks how do governance arrangements in particular settings facilitate Indigenous normative practices and community autonomy? How responsive are Indigenous and non-Indigenous governance systems to international norms, principles and laws? 

 

This interdisciplinary Indigenous-led course draws on Indigenous standpoints, Indigenous ontology and epistemology, critical Indigenous theory, Indigenous rule of laws, comparative law, public policy, law, regulation, domestic and international law. It provides students with practical skills and intellectual insight to understand and develop Indigenous-centred methodologies to: evaluate the relevance and purpose of Indigenous-led governance systems and to facilitate respectful, effective relationships with Indigenous Australia.


Learning Outcomes

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

  1. Understand concepts related to Indigenous governance systems in Australia and other Commonwealth jurisdictions
  2. Compare and contrast types of governance systems and critically engage with a range of models of Indigenous governance and with the perspectives on governance from within Indigenous communities
  3. Demonstrate ability to synthesise and apply knowledge of indigenous governance from diverse sources
  4. Evaluate Indigenous-led strategies that progress community autonomy and critically assess the potential and pathways for implementing such approaches within other Indigenous communities

Research-Led Teaching

Course based on Convenor/Lecturer's research and professional study of Indigenous Governance, law and policy.

Field Trips

None

Additional Course Costs

available as an e book or hard copy, Virginia Marshall "Overturning Aqua Nullius: Securing Aboriginal Water Rights" 2017 (Aboriginal Studies Press, AIATSIS) @ 39.00 see https://aiatsis.gov.au/publication/35022


Examination Material or equipment

None

Required Resources

The book is prescribed to provide a deeper understanding of the issues explored in this course and analyses a complex set of Aboriginal and Australian governance issues. Available on ebook from AIATSIS.

Peer-reviewed journal articles, reports etc. see Wattle site for 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 Week 1 - 23 February 2022 Session 4 - 12:10PM - 12:30PM Wrap-up and class discussion and reflection on Week 1. Breaks will be included in this session Online discussion of assessment tasks
2 Week 2 - 02 March 2022 Session 4 - 12:10PM - 12:30PM Wrap-up and class discussion and reflection on Week 2.
3 Week 3 - 09 March 2022 Session 4 - 12:10PM - 12:30PM Wrap-up and class discussion and reflection on Week 3.
4 Week 4 - 16 March 2022 Session 3 - 11:30AM - 12:30PM Guest Panel discussion and Wrap-up of course.

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Class Participation 10 % * * Enrich group discussion Engage in internet online participation (during course) Prepare for written assessment tasks (readings etc.) Ability to interact with topic and engage issues
Short Paper 10 % 28/02/2022 04/03/2022 Deeper understanding of concepts and themes engaged Ability to examine and analyse issues Evidence your argument
Policy Paper 20 % 08/03/2022 13/03/2022 Deeper understanding of concepts and themes engaged Ability to examine and toanalyse issues Evidence your argument
Class Presentation Week 4 10 % 21/03/2022 26/03/2022 Deeper understanding of concepts and themes engaged Ability to examine and toanalyse issues Evidence your argument
Research Essay 50 % 22/04/2022 02/05/2022 Deeper understanding of concepts and themes engaged Ability to examine and toanalyse issues Evidence your argument

* 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

10% each week students will be assessed by:

class participation during the online course, group activities and discussion and evidence of preparation for each class.

Examination(s)

None

Assessment Task 1

Value: 10 %
Learning Outcomes: Enrich group discussion Engage in internet online participation (during course) Prepare for written assessment tasks (readings etc.) Ability to interact with topic and engage issues

Class Participation

Out of 10% per week. You will be assessed in your participation each week during the course and you will be assessed on your contributions to individual and group discussions and your discussion skills and reflections.

Assessment Task 2

Value: 10 %
Due Date: 28/02/2022
Return of Assessment: 04/03/2022
Learning Outcomes: Deeper understanding of concepts and themes engaged Ability to examine and analyse issues Evidence your argument

Short Paper

Value 10%, prepare and write a paper of 500 words with footnotes.

Assessment Question: how do Indigenous Australia's legal systems underpin cohesion within Indigenous communities of Australia?

The writing style, expression and layout of the paper to be of a standard expected for this level of study, including your student number and title, paginated, proofed and spell-checked, in 12 font Times New Roman and 1.5 line spacing. Please include completed cover sheet. No requirement for a bibliography.

Assessment Task 3

Value: 20 %
Due Date: 08/03/2022
Return of Assessment: 13/03/2022
Learning Outcomes: Deeper understanding of concepts and themes engaged Ability to examine and toanalyse issues Evidence your argument

Policy Paper

Value 20%, the length of the paper is 1,000 words and excludes footnotes.

Assessment Task: Critically analyse and discuss opportunities and barriers for Indigenous Governance in Australia, and in particular include the perspectives and the voices of Indigenous Australians.

The writing style, expression and layout of the paper to be of a standard expected for this level of study, including your student number and title, paginated, proofed and spell-checked, set out as footnotes in 12 font Times New Roman and 1.5 line spacing. Include bibliography and completed cover sheet.

Assessment Task 4

Value: 10 %
Due Date: 21/03/2022
Return of Assessment: 26/03/2022
Learning Outcomes: Deeper understanding of concepts and themes engaged Ability to examine and toanalyse issues Evidence your argument

Class Presentation Week 4

Value 10%, Choose only one area of Indigenous Governance from Week 2 or Week 3 of the course to present to the class online, and include a 2 page powerpoint summary. The presentation must demonstrate your critical understanding of the area.

Assessment Task 5

Value: 50 %
Due Date: 22/04/2022
Return of Assessment: 02/05/2022
Learning Outcomes: Deeper understanding of concepts and themes engaged Ability to examine and toanalyse issues Evidence your argument

Research Essay

The word limit is 2,000 words excluding footnotes. The essay is worth 50 per cent.

The emphasis of the essay is to show that you understand the course material. You are expected to address and demonstrate the following elements in your essay,

(1) Write a brief introduction to the issue

(2) Outline some of the existing issues that you will discuss

(3) Description of the perspectives held by Indigenous Peoples of Australia

(4) Outline the opportunities and barriers in relation to Indigenous Governance

(5) Examine and analyse the issues and apply the course readings and other relevant resources

(6) Reflect on and include your considerations on these issues

(7) The writing style, expression and layout of the essay to be of a standard expected for this level of study, including your student number and essay title, paginated, proofed and spell-checked, set out as footnotes in 12 font Times New Roman and 1.5 line spacing.

(8) Include bibliography and completed cover sheet.

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.

Returning Assignments

Assignments will be collected at RegNet or by other arrangement.

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.

Resubmission of Assignments

As per the ANU resubmission guidelines.

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).

Dr Virginia Marshall
6125 6035 or 0421567701
virginia.marshall@anu.edu.au

Research Interests


International human rights, Indigenous governance, Indigenous legal systems, land & water management, intellectual property, native title and legal practice

Dr Virginia Marshall

By Appointment
By Appointment
Dr Virginia Marshall
61256035
virginia.marshall@anu.edu.au

Research Interests


Dr Virginia Marshall

By Appointment
By Appointment

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