Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Francesca Dominello
Contact via francesca.dominello@mq.edu.au
W3A 619
by email or appointment
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MEnvLaw or MIntEnvLaw or LLM or MDevCult or GradDipIntRel or MPPP or GradDipPP or MDevStudGlobalHlth or MDevStud or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 24cp 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 There will be no tutorials during semester. Students are expected to attend both days of the on-campus session with the external students. Attendance 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 do not attend without a successful application for disruption will receive 0 marks. In the event of a disruption, 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. Moderation Detailed marking rubrics will be made available on iLearn.
Task 2: Research Essay Proposal The Essay Proposal is due on Thursday 28 September 2017 at 5:00pm. It is worth 30% of the final mark. Maximum word length for the Proposal is 2000 (excluding footnotes and bibliography). Any words that exceed the word length will not be read. 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. 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. Moderation Detailed marking rubrics will be made available on iLearn.
Task 3: Research Essay The Research Essay is due on Thursday, 9 November 2015 at 5:00pm. It is worth 50% of the final mark. Maximum word length for Research Essay is 4000 (excluding footnotes and bibliography). Any words that exceed the word length will not be read. 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 as a word document via Turnitin on the iLearn page on or before the due date. 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. |
Name | Weighting | Hurdle | Due |
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Class Participation | 20% | No | Ongoing |
Research Essay Proposal | 30% | No | 28 Sept, 5pm |
Research Essay | 50% | No | 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).
Lectures will be recorded and available on iLearn.
Attendance on both days of OCS is compulsory for Internal and External students. See timetables.mq.edu.au/2017/ 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).
Additional readings will be available on iLearn.
All other information about the unit is available on the iLearn page for the unit.
The weekly lecture schedule is as follows.
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 16 and 17 Sept
Research Essay Proposal (due Thursday, 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
Research Essay (due Thursday, 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_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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