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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Introductory

Former School/College

College of Indigenous Peoples (Gnibi)

Unit aim

Outlines the application of British and Australian laws to Aboriginal and Torres Strait Islander peoples since 1788. Discusses the impact of law and policy relating to land, intellectual property, cultural heritage, the natural environment, criminal justice, child welfare, and discrimination. Contemporary legal issues will also be considered in areas such as Indigenous governance, recognition and self-determination.

Unit content

The purpose of this unit is to introduce students to the contemporary legal issues affecting Indigenous Australian people. The syllabus broadly follows the format of the prescribed text, which takes a thematic, rather than a chronological, approach. However, we consolidate the 15 chapters of the textbook into 12 topics.

  • Topics 1-3 follow the theme 'the law of the colonisers'.
  • Topics 4 and 5 are set out under the theme 'criminalisation'.
  • Topics 6-8 are arranged under the theme 'law, land and culture'.
  • Topics 9-12 conclude the unit according to the theme 'law, rights and governance'.

The breadth of the syllabus means that we can only cover these themes in 'brush-strokes'.

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 list the impacts of colonial and post-colonial law and policy in relation to Australian Indigenous peoples, including the terra nullius doctrine, protection policy and assimilation policy
2 examine possible avenues for reparation and redress, particularly as they apply to the stolen generations
3 recognise the relationship between Aboriginal and Torres Strait Islander peoples and the criminal justice system
4 examine the legislative bases of land rights and native title laws and recall seminal cases
5 identify the issues important to Indigenous people in intellectual property, cultural heritage and environment protection regimes
6 describe the role of Australian Indigenous organisations and representative bodies, particularly in relation to self-determination
7 outline the arguments and processes involved in reconciliation, Constitutional recognition, treaty, and sovereignty.

On completion of this unit, students should be able to:

  1. list the impacts of colonial and post-colonial law and policy in relation to Australian Indigenous peoples, including the terra nullius doctrine, protection policy and assimilation policy
    • GA4:
    • GA7:
  2. examine possible avenues for reparation and redress, particularly as they apply to the stolen generations
    • GA4:
    • GA7:
  3. recognise the relationship between Aboriginal and Torres Strait Islander peoples and the criminal justice system
    • GA4:
    • GA7:
  4. examine the legislative bases of land rights and native title laws and recall seminal cases
    • GA1:
    • GA4:
    • GA7:
  5. identify the issues important to Indigenous people in intellectual property, cultural heritage and environment protection regimes
    • GA4:
    • GA7:
  6. describe the role of Australian Indigenous organisations and representative bodies, particularly in relation to self-determination
    • GA4:
    • GA7:
  7. outline the arguments and processes involved in reconciliation, Constitutional recognition, treaty, and sovereignty.
    • GA4:
    • GA7:

Prescribed texts

  • Behrendt, L, Cunneen, C & Libesman, T, 2009, Indigenous Legal Relations in Australia, 1st edn, Oxford University Press, South Melbourne. ISBN: 9780195562019.
Prescribed texts may change in future teaching periods.