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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Introductory

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

Themes introducing contemporary legal issues affecting Indigenous Australian peoples will be covered as follows:

Topics 1-3 follow the theme 'The Law of the Colonisers'.
Topics 4 and 5 explore the theme 'Criminalisation'.
Topics 6-8 delve into the theme 'Law, Land and Culture'.
Topics 9-12 conclude the unit with the theme 'Law, Rights and Governance'.

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 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. outline the arguments and processes involved in reconciliation, Constitutional recognition, treaty, and sovereignty.
    • GA4:
    • GA6:
    • 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.