Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Francesca Dominello
Contact via francesca.dominello@mq.edu.au
Thursday 2:00-3:00 in teaching weeks or by email for External Students
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(6cp in LAW or LAWS units at 300 level) or (39cp including LAWS260) or (12cp in ABST units at 200 level)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
The special place of Indigenous peoples in Australia gives rise to unique questions of law. Most fundamentally, there is the challenge of acknowledging the existence of more than one legal order in the one geographical space. Following this, there are the terms of coexistence of these legal orders. And finally, to the extent that Indigenous peoples are subject to the official State and Commonwealth legal systems, there is a question of how effectively these legal systems regulate issues particular to Indigenous peoples.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Task 1: Class Participation Students should register in one of the available seminar slots when they enrol in the unit. Additional readings and discussion questions for each seminar will be available on the iLearn page for the unit. Seminars will commence in Week 1. Day Students are expected to attend a minimum of 80% of all seminars ie/ at least 10 seminars. In the event that students cannot attend a seminar they must comply with the "Disruptions to Studies" policy. In cases of where a student's circumstances have affected their participation and attendance in more than two seminars, the students should contact the unit convenor immediately and alternative arrangements may be made. In cases of unexplained absences the tutor may deduct marks for class participation at her discretion. Students with more than three unexplained absences will fail the unit as they would not be able to fulfill the requirements for completing the unit (NB –‘unexplained absence’ does not include seminars cancelled because of public holidays). Students will be given an interim class participation mark during the mid-semester break worth 10%, and a final class participation at the end of semester also worth 10%.
This is a more detailed guide on how Class Participation will be assessed: Excellent Effective and frequent oral contribution, demonstrating evidence of reading and preparation, demonstrated enthusiasm to learn, not necessarily always knowing the right answers but seeking to develop understanding through questioning and trying out ideas. Thoughtful and insightful comment at times, going beyond the descriptive level. Contributions volunteered. Co-operative attitude in the group, takes an active role in discussions, and willingness to assist others in learning. Excellent attendance. Good Fairly frequent contribution, demonstrated enthusiasm to learn. Willingness to volunteer and have a go. Co-operative attitude in the group, takes an active role in discussions, and willingness to assist others in learning. Excellent attendance. Similar to above at a less exacting level. Satisfactory Moderate voluntary contribution, can usually respond when asked directly. Attends most of the time. Contribution mainly at the descriptive level but goes beyond on occasion. Makes some effort to participate in the group. At risk/Unsatisfactory Little to no contribution voluntarily, at times declines when asked directly. Insufficient participation for your tutor to be able to judge preparation, knowledge or understanding. Limited active role in group work.
Task 2: Case Study on Native Title The Case Study will be due on Friday, 26 September 2014 at 5:00pm. It will be worth 30% of the final mark. Maximum word length for the Case Study is 2500 (excluding footnotes and bibliography). Any Case Study exceeding the word length will have marks deducted at the discretion of the marker. Footnotes and bibliography are required. Referencing must comply with the current version of the Australian Guide to Legal Citation. The Case Study must be typed in 12pt Times New Roman, double spaced with margins of not less than 2.5cm on both sides. Bibliography should be single spaced in 12pt Times New Roman. Footnotes should be in 10pt Times New Roman. The Case Study is to be submitted via Turnitin on the iLearn page on or before the due date. Marks will also be available on iLearn. Late submissions will not be marked and in the absence of a successful claim of "Disruption to Studies" will be given a grade of zero. Applications for Disruption to Studies must be made before the due date. Assessment Criteria In this assignment students are expected to show that they have reflected upon the range of issues that the topic gives rise to. The purpose of this assignment is to develop your independent and critical thinking and writing skills and ability to develop an argument through analysis of primary and secondary sources. Students may conduct research outside the unit materials, but it is not necessary to do so. Students will not be marked either up or down for extra research. The materials you use should be relevant to the topic and should be used to help you develop and support your own argument.
Task 3: Research Essay The Research Essay will be due on Friday, 21 November 2014 at 5:00pm. It will be worth 50% of the final mark. Maximum word length for Research Essay is 3000 (excluding footnotes and bibliography). Any Research Essay exceeding the word length will have marks deducted at the discretion of the marker. Footnotes and bibliography are required. Referencing must comply with the current version of the Australian Guide to Legal Citation. The Research Essay must be typed in 12pt Times New Roman, double spaced with margins of not less than 2.5cm on both sides. Bibliography should be single spaced in 12pt Times New Roman. Footnotes should be in 10pt Times New Roman. The Research Essay is to be submitted via Turnitin on the iLearn page on or before the due date. Marks will also be available on iLearn. Late submissions will not be marked and in the absence of a successful claim of "Disruption to Studies" will be given a grade of zero. Applications for Disruption to Studies must be made before the due date. Assessment Criteria In this assignment students are expected to show that they have reflected upon the range of issues that the topic gives rise to, including their own views on the topic and possible areas for reform in their chosen area for research. The purpose of this assignment is to develop your independent and critical thinking and writing skills and ability to develop an argument through analysis of primary and secondary sources. Students are expected to conduct research outside the unit materials. The materials you use should be relevant to the topic and should be used to help you develop and support your own argument.
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Name | Weighting | Due |
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Class Participation | 20% | Ongoing |
Case Study on Native Title | 30% | 26 Sept, 5pm |
Research Essay | 50% | 21 Nov, 5pm |
Due: Ongoing
Weighting: 20%
Class Participation: Preparation and understanding of prescribed materials. The ability to understand and respond in an oral communication context.
Due: 26 Sept, 5pm
Weighting: 30%
In Western Australia v Brown [2014] HCA 8 (12 March 2014) the High Court upheld a native title claim by the Ngarla People over land in the Pilbara region. Analyse this decision in light of the earlier decisions on native title discussed in the unit materials. In your answer, you must include an examination of:
1. what native title is;
2. the principle elements necessary for establishing native title under the Native Title Act 1993 (Cth);
3. how native title may be extinguished, and
4. the outcome in Brown and the effects the decision in Brown could have on native title determinations in the future.
Do you think native title property interests have been given sufficient protection by the Australian legal system?
Due: 21 Nov, 5pm
Weighting: 50%
Students are to complete the Set Topic or Student Topic. In writing their essays on their chosen topic, students should reflect on why they have chosen that particular topic and what they have learned in the course of studying the unit in that topic area. In analysing the issues arising in their chosen topic area, students should consider how their study in the unit confirms prior knowledge of that area or has changed their understanding of it. Students should also consider potential areas for reform in their selected topic area
1. Set Topic
What is the future for effective Indigenous representation in the Australian political and legal system? Your answer must include a description of the Australian system and suggestions for effective representation. It should also include discussion of the strengths and weaknesses of your suggestions.
2. Student Topic
Research Topic of your choice: You may formulate your own research topic on an issue arising from the broad scope of the materials covered in the unit. You are welcome and encouraged to discuss your research question with the Unit Convener at any time, either in person, by e-mail (preferable), or over the phone. This is not a compulsory requirement.
The unit will be delivered in a 'Seminar' format.
Students are required to attend 1 seminar per week (see Assessment Tasks: Class Participation for attendance requirements).
The seminars are scheduled on Thurs at 12:00-2:00 (X5B 132) and 3:00-5:00 (W6B 336).
There will be no regular Lecture recordings in the unit.
Students will be required to use a computer to access the iLearn page for the unit (ilearn.mq.edu.au) and to interact with online research databases and web-based research tools.
The prescribed text for the unit is Heather McRae et al, Indigenous Legal Issues: Commentary and Materials (Lawbook Co, 2009, 4th Ed) available for purchase at the Macquarie University Co-op Bookshop.
Recommended text (but not compulsory for students to buy) is Larissa Behrendt et al, Indigenous Legal Relations in Australia (OUP, 2009).
All other information about the unit (additional reading, seminar discussion questions etc) will be available on the iLearn page for the unit.
Week 1: History, Law and Government Policies (Thurs 7 Aug)
Week 2: Indigenous Customary Law (Thurs 14 Aug)
Week 3: Indigenous Governance (Thurs 21 Aug)
Week 4: The Indigenous Estate (Thurs 28 Aug)
Week 5: Land Rights Legislation (Thurs 4 Sept)
Week 6: Native Title: An Overview of its Development in Australia (Thurs 11 Sept)
Week 7: Native Title: Specific Features of Law and Process (Thurs 18 Sept)
Mid-Semester Break (20 Sept-6 Oct)
Case Study on Native Title (due Friday, 26 September 2014, 5:00pm)
Interim Class Participation Marks released.
Week 8: Indigenous Intellectual Property and Indigenous Cultural Heritage (Thurs 9 Oct)
Week 9: Racial Discrimination (Thurs 16 Oct)
Week 10: Criminal Justice Issues (Thurs 23 Oct)
Week 11: Child Welfare (Thurs 30 Oct)
Week 12: International Law (Thurs 6 Nov)
Week 13: Towards Reconciliation (Thurs 13 Nov)
Final class participation marks released.
Research Essay (due Friday, 21 November 2014, 5:00pm)
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
Date | Description |
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24/06/2014 | Changes to meet approver's comments. |