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
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MEnvLaw or PGDipEnvLaw or PGCertEnvLaw or MIntEnvLaw or PGDipIntEnvLaw or PGCertIntEnvLaw or MPP or PGDipPP or LLM or MDevCult or MGlobalHlthDevStud or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 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. First, there is the challenge of acknowledging the existence of more than one legal order in the one geographical space. Then, there are the terms of coexistence of these legal orders. And finally, there is a question of how effectively the Australian legal system regulates issues particular to Indigenous peoples. The unit explores these issues in Australia, and also looks to the International legal community and the experience of other settler-colonised states in understanding the limits of law in protecting the rights of 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 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. They are also required to attend the 3rd day of the OCS which is held on 21 September 2015. 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 all three days of the OCS. Attendance at all three 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: Research Essay Proposal The Essay will be due on Monday, 28 September 2015 at 5:00pm. It will be worth 30% of the final mark. Maximum word length for the Proposal is 2000 (excluding footnotes and bibliography). Any Proposal 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 Proposal 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 as a word document 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 The purpose of this assignment is to develop independent research and writing skills through the research of a key area of law impacting on Indigenous Australians. Students are expected to conduct research outside the unit materials. The materials you use should be relevant to your topic area and should be used to help you develop own ideas and argument on your research topic as the basis of your final research essay.
Task 3: Research Essay The Research Essay will be due on Monday, 9 November 2015 at 5:00pm. It will be worth 50% of the final mark. Maximum word length for Research Essay is 4000 (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 write a Research Essay based on their Research Essay Proposal. 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 |
Research Essay Proposal | 30% | 28 Sept, 5pm |
Research Essay | 50% | 9 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: 28 Sept, 5pm
Weighting: 30%
Students are to select an area of law canvassed in the unit materials and devise a research topic on the impact of this area on Indigenous Australians.
In their research proposal students are to address the following:
1. Your research question (the topic and the issue you plan to address).
2. Why is it significant (why did you choose this topic and what is the aim of your research).
3. What have others in the field said about this particular issue (literature review).
4. How will your research contribute to the field (develop a potential reform agenda).
5. Your methodological approach (eg doctrinal, interdisciplinary, comparative).
6. Initial bibliography of key primary and secondary sources.
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: 9 Nov, 5pm
Weighting: 50%
Submission of Research Essay.
Students are expected to submit a research essay that builds on their previously submitted Research Essay Proposal.
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. Internal students are also required to attend Day 3 of the OCS on 21 September. Attendance at lectures may also be complusory (see Assessment Tasks: Class Participation for attendance requirements).
Attendance on all 3 days of 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, 20 and 21 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 (eg additional reading list for Day 3 of the OCS, tutorial discussion questions etc) will be available on the iLearn page for the unit.
The weekly lecture schedule is as follows. Note that for the OCS these areas will be covered in Day 1 and 2 (19 and 20 Sept) though the lectures for weeks 8-12 will be delivered after the OCS. Additional areas will be covered on Day 3 (see iLearn).
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
Interim class participation marks released to Internal students
OCS 19, 20 and 21 Sept
Research Essay Proposal (due Monday, 28 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.
Research (due Monday, 9 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.
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