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. Articulate and reflect on issues surrounding legal constructions of Indigenous identity and their legal and non-legal impact;
2. Develop, assess, and apply culturally appropriate protocols including the use of language;
3. Analyse and critically evaluate the limits of constitutional protections afforded to Indigenous peoples, and the role of international instruments and mechanisms on domestic law;
4. Critically evaluate conceptual and legal problems with property law relating to Indigenous people and propose solutions to resolve these problems;
5. 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 course convenor will be made available but are not mandated reading.

Required Resources

Please see Wattle site for further details.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

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

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: 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 announcement and updates relating to the course.

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	Native Title - Mabo v Queensland; The NTA 1993
4	Native Title - Akiba - 'Society' and Commercial Rights
5	Domestic Treaties - NT Case Study
6	Native title - The Yorta Yorta Case ; The HCA's meaning of 'law' and 'society'
7	Protection, Segregation & Assimilation in Western Australia
8	Legal Pluralism & Indigenous Rights in Canada
9	Treaty as a subject of International law
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

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reflective Report	15 %	14/08/2023	08/09/2023	1,2,3,4
Research Essay - 1	35 %	04/09/2023	29/09/2023	1,2,3,4,5
Research Essay - 2	50 %	26/10/2023	*	1,2,3,4,5
Attendance	0 %	*	*

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills 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.

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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Reflective Report

Details of Task: 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 this assessment will result in a mark of zero for this assessment task.

Weighting: 15%

Word Limit: 600 Words (non-substantive footnotes e.g. to relevant cases or material will not be counted). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Monday 14 August 2023 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 8 September 2023 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

Details of Task: 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. Students will write an essay covering one of the topics discussed from weeks 1-6.

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

Weighting: 35%

Release: Questions will be available from Week 1.

Word limit: 2100 words. The bibliography and non-substantive footnotes are not included in the word count. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Monday 4 September 2023 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 29 September 2023 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

Details of Task: 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. Students to write an essay covering one of the topics discussed from weeks 7-12.

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

Weighting: 50%

Release: Questions will be available from Week 7.

Word Limit: 3000 words. Bibliography and non-substantive footnotes are not included in the word count. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Thursday 26 October 2023 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply.

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

Attendance

Details of Task: Students are required to attend all tutorials, and to participate in discussion in tutorials. Attendance will be noted in each tutorial (by students signing for their attendance).

Nature of task: Compulsory. Failure to complete these requirements may result in a loss of up to 5% of the marks overall for the course.

Weighting: Failure to attend 10 out of 12 tutorials without documented special circumstances will result in 5% being deducted from students overall mark for the course.

Due Date: Ongoing. From 2023, any further absence from class, excluding the two unexplained absences, will require you to outline the circumstances that prevent your attendance and the appropriate documentation.

Exceptional circumstances that may warrant approval may include, but are not limited to:

• medical reasons (student injury, illness or medical condition, including COVID illness or isolation);
• family/personal reasons (family injury or illness, bereavement);
• cultural or religious commitments; where a cultural or religious event conflicts with the scheduled seminar.

Please note that approval will not be given for work related reasons.

From your ANU email address, you must email enquiries.law@anu.edu.au  indicating

1. your full name and student ID;
2. the date you will be absent (or were absent) from the seminar;
3. the exceptional circumstances you have experienced that have necessitated your absence; and
4. relevant documentation that supports your claims.

Further details will be provided on the course Wattle site.

Please do not email your Course Convenor for privacy reasons. All medical and other personal documentation that is sent to CoL Enquiries, will be destroyed from the provided email address on the server once the assessment has been made.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 tests or 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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 Access 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