The content of this course may vary from year to year. Please see Other Information below for details of any special courses currently on offer.

Learning Outcomes

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

1. Synthesise and apply knowledge and ideas within the chosen special topic
2. Review case law, legislation and scholarly writing as it pertains to the chosen special topic
3. Incorporate social, comparative or interdisciplinary approaches into legal analysis of the special topic
4. Research and synthesise legal materials and other relevant sources to present a cohesive argument that addresses a legal question arising from the special topic
5. Debate and reflect on theoretical, policy and practical issues relating to the special topic

Required Resources

Set readings will include texts from First Nations scholars from Australia, North America and elsewhere on law, politics, democracy and Indigenous settler state relations. A reading list will e made available on Canvas.

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

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/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

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

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU Law School Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	First Nations People and Legal and Political Thought Relations between First Nations people and settler states are contested, both in Australia and elsewhere. A range of legal and political issues remain contentious including sovereignty, self-government, consent and legitimacy. Legal pluralism and the rights of Indigenous people are prominent issues in domestic and international law.This course offers students an interdisciplinary study of law, politics, and democracy as they apply to First Nations people within Australia as well as globally amongst other settler colonial liberal democracies including Canada, Aotearoa New Zealand, and US (the so-called ‘CANZUS states’.)Key themes covered include land as the source of Indigenous legal and political authority and how this contrasts with positivist theories of law and politics; the effects of colonisation and whether this legal-political rupture to Indigenous societies ceases or remains a permanent feature of settler societies; and discussion of whether the laws and institutions of settler liberal democratic states are capable of recognising and accommodating the political claims of First Nations peoples domestically and international legal and political strategies of Indigenous people.The course combines First Nations and Western theories of law and politics giving students opportunities to engage in an exploration of First Nations legal and political thought challenging students to analyse contemporary issues such as the Indigenous Voice to Parliament and calls to enact the United Nations Declaration on the Rights of Indigenous People (UNDRIP). The course will also pay attention to the critical role of Indigenous ontology and the concept of relationality in contemporary political and policy issues including climate change, the emerging ‘rights of nature’ discourse, and future generations and intergenerational equity. This course builds on foundational knowledge of Australian law and political and legal institutions offered by Foundations of Australian Law and Australian Public Law. It extends on Indigenous Peoples and the Law by giving students a deeper understanding of the complex relationship between First Nations people and their rights and Australia’s system of government as well as Australia’s international law obligations pertaining to First Nations people.	Due to the nature of the course, the workshops will NOT be recorded. Attendance is compulsory.This course will be taught on an intensive workshop basis, with ten x three-hour interactive seminars each day, Monday to Friday from 9am -12pm, 12-16 January and 19-23 January 2026.Daily attendance is required and active engagement is expected. It is not a course that should be taken alongside other full-time commitments etc.Some pre-recorded lecture content and essay questions will be available in Canvas from early December 2025, and there will be a recap lecture and virtual assignment preparation class in early February 2026.Students are expected to have a knowledge of Australian Public Law, Constitutional Law, and International Law.
2	Land as a Source of Law
3	Rights in Land (Property v Native Title v Country)
4	Indigenous Rights
5	Sovereignty & Jurisdiction
6	Self Determination
7	First Nations People & International Law
8	Political Pluralism: Consent & Legitimacy
9	Legal Pluralism & Indigenous Legal Orders
10	Reconciliation & Treaty
11	Decolonisation & Postcolonialism
12	Agreements & Comprehensive Settlements
13	Indigenous Political Institutions & Self-Government within the State (Australia)
14	Indigenous Political Institutions & Self Government within the State (A Comparative Analysis)
15	The Politics of Refusal: Reconciliation or Resurgence?
16	First Nations Constitutionalism
17	The Concept of Relationality in First Nations Legal and Political Thought
18	The Rights of Nature and the Non-Human in Indigenous Legal & Political Thought
19	First Nations People & Public Policymaking
20	Indigenous Democracy: Deliberative, Participatory & Relational

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. MyTimetable (MyTT) tutorial allocations are done on a first-come, first-served basis. If you hold a current EAP stating that you require priority selection, you will need to contact the College Student and Education Support team before MyTT opens.

If you are unable to secure a spot in your preferred timeslot, we recommend enrolling in another tutorial and joining the waitlist (indicated by a heart). If spots become available, they are automatically chronologically allocated to those on the waitlist.

Should an activity in MyTT clash with another, please contact the College Student and Education Support team with the course and activity details.

Please note that work commitments will not be considered as a reason for requesting a change to your allocation/s. It is expected that students make themselves available on weekdays for tutorials and seminars. 

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Reflection Exercise	15 %	*	*	1
Research Proposal	10 %	16/01/2026	22/01/2026	1,2,3,5
In Class Exercise	15 %	19/01/2026	23/01/2026	2,3,4,5
Research Paper	60 %	12/02/2026	*	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 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
• Extenuating Circumstances Application
• 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 ‘Canvas’ 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, Governance and Policy 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. Due to the nature of this course, attendance is mandatory.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class Reflection Exercise

Details of Task: At the end of each week students must have posted at least one reflective piece of writing of up 450 words on any topic covered during the week. Students are also expected to respond to and comment on the reflective writing of other students.

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

Weighting: 15%

Release: Monday 12 January 2026

Word limit: 900 words overall. (2 x 450 words). The ANU Law School’s excess word penalty policy can be found here.

Submission requirement: At the end of each week of teaching, students must upload a 450-word post and responses must be uploaded to the course blog on the course Canvas site by no later than the Monday morning (8am, 19 January 2026) for the first exercise and no later than Tuesday morning (8am, Tuesday 27 January 2026) for the second exercise.

Due date: Reflection Exercise 1 due 8am, Monday 19 January 2026. Reflection Exercise 2 due 8am, Tuesday 27 January 2026. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: 12 March 2026.

Assessment Criteria: An assessment rubric will be available in Canvas.

• Students will be expected to reflect critically and originally on course material relevant to the question.
• Students will be expected to demonstrate clear communication skills in presenting arguments, ideas and analysis.

Assessment Task 2

Research Proposal

Details of Task: Students will draft a research proposal for their major research paper. Time will be allocated in class (50mins) to begin work on a research proposal and to ask questions and clarify ideas.

Nature of Task: Compulsory

Weighting: 10%

Release: 12 January 2026

Word limit: 600 words. The ANU School of Law’s excess word penalty policy can be found here.

Submission requirement: Students must upload their research proposal via the course Canvas site. Proposals must be submitted in a Word processing file format (.doc, .docx). PDF files are not acceptable.

Due date: 5pm, Monday 19 January 2026. (This assessment is a short-turnaround task designed to evaluate students’ ability to identify a legal and/or political issue affecting First Nations people either in Australia or elsewhere. Students are free to develop their own research proposals although there will be some examples in class to assist with final research proposals. Students are expected to complete this task in the allocated timeframe to ensure fairness. It is anticipated that the task should require only 3 days to complete. Extensions, time adjustments and late submissions are not permitted. Any submission received after the due time will not be accepted, and a mark of zero will be awarded. Students who encounter serious and unexpected circumstances may submit an Extenuating Circumstances Application (ECA) in accordance with University policy.

Estimated return date: Thursday 22 January 2026.

Assessment Criteria: An assessment rubric will be available in Canvas.

• Students will be expected to reflect critically and originally on course material.
• Students will be expected to demonstrate strong research and analytical skills. Research proposals should cover relevant and appropriate primary and secondary materials and be critically selected and used. There should be appropriate use of authority to support the arguments put forward.
• Students will be expected to demonstrate clear communication skills in presenting arguments, ideas and analysis.

Assessment Task 3

In Class Exercise

Details of Task: Students will write a persuasive argument paper in response to a specific scenario drawing on content in the course. Persuasive argumentation is an important skill for any lawyer or indeed advocate for social change. Time will be allocated in class to draft a written response to the scenario and will be expected to complete this exercise by the end of the class.

Nature of Task: Compulsory

Weighting: 15%

Release: 9.30am, Friday 16 January 2026

Duration: 3 hours (180 minutes)

Word limit: 900 words. The ANU School of Law’s excess word penalty policy can be found here.

Submission requirement: Must be submitted via Turnitin on the course Canvas site by the end of the class.

Due date: 12.30pm, Friday 16 January 2026. (This is an in-class, time limited exercise. Due to the nature of the task, extensions, time adjustments and late submissions are not permitted. Any submission received after the due time will not be accepted, and a mark of zero will be awarded. Students who encounter serious and unexpected circumstances may submit an Extenuating Circumstances Application (ECA) in accordance with University policy.

Estimated return date: Friday 23 January 2026

Assessment criteria: An assessment rubric will be available in Canvas.

• Students will be expected to reflect critically and originally on course material relevant to the question.
• Students will be expected to demonstrate strong research and analytical skills. Research should cover relevant and appropriate primary and secondary materials and be critically selected and used. There should be appropriate use of authority to support the arguments put forward.
• Students will be expected to demonstrate clear communication skills in presenting arguments, ideas and analysis.

Assessment Task 4

Research Paper

Details of Task: Students will write an original piece of research on a First Nations legal or political issue or event. This task will extend on the research proposal and will incorporate one or several of issues/topics covered in the course.

Nature of Task: Compulsory

Weighting: 60%

Release: 12 January 2026

Word limit: 3,600 words (excluding references). The ANU School of Law’s excess word penalty policy can be found here.

Submission requirement: Must be submitted via Turnitin on the course Canvas site by the end of the class. 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 12 February 2026. Late submission (without an extension) is permitted, although late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated return date: Results for non-standard sessions will be released approximately one month from the course end date.

Assessment Criteria: An assessment rubric will be available in Canvas.

• Students will be expected to reflect critically and originally on course material relevant to the question.
• Students will be expected to demonstrate strong research and analytical skills. Research should cover relevant and appropriate primary and secondary materials used in the course. Materials should be critically selected and used and there should be appropriate use of authoritative sources to support the arguments.
• Students will be expected to demonstrate clear communication skills in presenting their arguments, ideas and critical analysis.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. 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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

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.

Resubmission of Assignments

• Maximum Submissions: Students can submit up to three times per assessment.
• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.
• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).
• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.
• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students