Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Francesca Dominello
Contact via francesca.dominello@mq.edu.au
Wednesday in teaching weeks or by email for External Students
|
---|---|
Credit points |
Credit points
3
|
Prerequisites |
Prerequisites
(6cp in LAW or LAWS units at 300 level) or (39cp including LAWS260) or (12cp in ABST units at 200 level)
|
Corequisites |
Corequisites
|
Co-badged status |
Co-badged status
|
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.
|
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 and Attendance Internal Students should register in one of the available tutorial slots when they enrol in the unit. Additional readings and discussion questions for each tutorial will be available on the iLearn page for the unit. Lectures commence in Week 1. Tutorials will commence in Week 1. Attendance at Lectures is recommended and there will be lectures where attendance may be compulsory (see iLearn). Internal Students are expected to attend a minimum of 80% of all tutorials ie/ at least 10 tutorials. In the event that students cannot attend a tutorial (or compulsory lecture) they must comply with the "Disruption to Studies" policy. In cases of where a student's circumstances have affected their participation and attendance in more than two tutorials, 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 tutorials 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%. External Students Distance students are required to sign in at COE on both days of the OCS. Attendance at both days of the on-campus session is compulsory: students cannot attend for a third or a half day for instance and think they have fulfilled the requirements for attendance. Students who miss more than 3 hours of allocated class time will not be eligible to pass the unit, unless a student has made a successful application for disruption. In that event, you will be required to make up the 20% Class Participation mark by completing extra written work. The onus is on you to ensure that the Unit Convenor knows your situation and sets the make up work, and that you submit it at the agreed time. Please note that attendance is compulsory for pedagogical reasons, and exemption is granted only in exceptional circumstances and only in cases where a successful application for disruption has been made.
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: Essay on Native Title The Essay will be due on Friday, 25 September 2015 at 5:00pm. It will be worth 30% of the final mark. Maximum word length for the Essay is 2000 (excluding footnotes and bibliography). Any 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 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 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 must be lodged 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 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.
Task 3: Research Essay The Research Essay will be due on Friday, 6 November 2015 at 5:00pm. It will be worth 50% of the final mark. Maximum word length for Research Essay is 2500 (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.
|
Name | Weighting | Due |
---|---|---|
Class Participation | 20% | Ongoing |
Essay on Native Title | 30% | 25 Sept, 5pm |
Research Essay | 50% | 6 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.
See the General Assessment Information in the tab below for administrative details about attendance, marking guide, rubric etc.
Due: 25 Sept, 5pm
Weighting: 30%
Students will be required to complete a set essay topic on native title.
Native title rights were first recognised by the common law in Australia in the High Court decision of Mabo v Queensland [No 2] (1992) 175 CLR 1 and are now governed by the Native Title Act 1993 (Cth).
1. Briefly describe
a. what native title is;
b. the principle elements necessary to establish native title under the Native Title Act 1993 (Cth) and
c. how native title may be extinguished by other titles to land.
2. Do you think native title property interests have been given sufficient protection by the Australian legal system? Your discussion must extend beyond the cases covered in the unit materials and consider some of the more recent High Court cases in this area.
See the General Assessment Information in the tab below for administrative details about the essay (word length, due date, submission details, marking guide, rubric etc).
Due: 6 Nov, 5pm
Weighting: 50%
Students are to complete the Set Topic or Student Topic.
1. Set Topic
Does the Australian Constitution need to be amended in order to extend constitutional recognition to indigenous peoples? If so, how? If not, why not? Students should consider the strengths and weaknesses of their arguments.
In writing on the Set Topic, students should include their reflections on why they have chosen this topic and what they have learned in the course of studying the unit in this topic area. In analysing the issues arising in their topic in their essays, students should consider how their study in the unit confirms prior knowledge of that area or has changed their understanding of it. In their essays, students should also consider different models for reform in this topic area.
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.
In writing on the Student Topic, students should include their reflections on why they have chosen their topic and what they have learned in the course of studying the unit in this topic area. In analysing the issues arising in their topic in their essays, students should consider how their study in the unit confirms prior knowledge of that area or has changed their understanding of it. In their essays, students should also consider different models for reform in their topic area.
See the General Assessment Information in the tab below for administrative details about the essay (word length, due date, submission details, marking guide, rubric etc).
The unit will be delivered in a Lecture and Tutorial format.
Attendance at tutorials is compulsory for Internal students. Students are required to attend 1 tutorial per week. Attendance at lectures may also be complusory (see Assessment Tasks: Class Participation for attendance requirements).
Attendance at the OCS is compulsory for External students (see Assessment Tasks: Class Participation for attendance requirements).
The lectures and tutorials are scheduled on Wednesday starting in Week 1. The OCS is scheduled on 19 and 20 September. See timetables.mq.edu.au/2015/ for further details.
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, tutorial discussion questions etc) will be available on the iLearn page for the unit.
Week 1: History, Law and Government Policies (and Reconciliation Chapter 13)
Week 2: Indigenous Customary Law
Week 3: Indigenous Governance
Week 4: The Indigenous Estate
Week 5: Land Rights Legislation
Week 6: Native Title: An Overview of its Development in Australia
Week 7: Native Title: Specific Features of Law and Process
Mid-Semester Break
OCS 19 and 20 Sept
Essay on Native Title (due Friday, 25 September 2015, 5:00pm)
Week 8: Indigenous Intellectual Property and Indigenous Cultural Heritage
Week 9: Racial Discrimination
Week 10: Criminal Justice Issues
Week 11: Child Welfare
Week 12: International Law
Week 13: Final class participation marks released.
Set Topic or Student Topic Essay (due Friday, 6 November 2015, 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/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Macquarie Law School Assessment Policy
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
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: