Students

LAWS5018 – Indigenous Peoples and the Law

2021 – Session 2, Special circumstance

Session 2 Learning and Teaching Update

The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.

This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.

Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.

Visit the MQ COVID-19 information page for more detail.

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Francesca Dominello
Contact via iLearn
6 First Walk, 619
Wednesday 12pm during teaching weeks or by appointment
Credit points Credit points
10
Prerequisites Prerequisites
(130cp in Law or LAWS units) or (130cp including LAWS260 or LAWS2060 or ABST304 or ABST3040)
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.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Demonstrate advanced knowledge of the history of Australian law and system of government and the place of Indigenous customary law within that system.
  • ULO2: Explain and analyse important legal and political issues that have impacted on Indigenous Australians, linking the issues to past policies and laws.
  • ULO3: Critically analyse the operation of Australian law and structure of government in continuing to impact on Indigenous Australians.
  • ULO4: Identify the strengths and weaknesses of the Australian legal and political system to further Indigenous peoples' aims and evaluate the role of law reform in key areas affecting Indigenous Australians.

General Assessment Information

Participatory Tasks

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 commence in Week 2.

Lectures will be pre-recorded. The tutorial in Week 2 is compulsory for all students. At all other tutorials students will be on-call. Attendance at tutorials when students are on-call is compulsory. More details will be posted on iLearn. If a student's absence fits within the special consideration policy they should submit an application for Special Consideration via Ask (ask.mq.edu.au). In cases where a student is absent due to special consideration, alternative arrangements will be made. 

Essays

A summary of these assessment tasks are available in the Assessment Tasks section of this unit guide. More information will be available on the iLearn page.

Special Consideration

All applications for special consideration whether in relation to class attendance or the written essays must be made through Ask. Special Consideration applications must be made within five working days of the assessment task due date (including date of attendance).

Note to new policy for written assignments as follows:

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline. 

Submission

The written essays are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit.

Word Limits

Where there is a specified word limit it will be strictly applied and work above the word limit will not be assessed. 

Moderation

Detailed marking rubrics will be made available on iLearn for all assessments. If there are other markers assisting the convenor in marking the written assessments then a process of 'blind marking' to establish a common marking standard will be adopted and all Fail papers will be double marked.

Style

The research essay should comply with the latest edition of the AGLC (ie, AGLC4). 

Format

All written assessments 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.

Please submit in Word format and not in PDF.

Footnotes and bibliographies are required for both written essays.

Assessment Tasks

Name Weighting Hurdle Due
Oral and Written tasks in class or online 20% No ongoing
Mid semester essay 40% No 18:00 15/09/2021
Final essay task 40% No 18:00 06/11/2021

Oral and Written tasks in class or online

Assessment Type 1: Participatory task
Indicative Time on Task 2: 30 hours
Due: ongoing
Weighting: 20%

 

In class and/or online discussion, debate, collaboration and writing activities based on unit readings and independent research

 


On successful completion you will be able to:
  • Demonstrate advanced knowledge of the history of Australian law and system of government and the place of Indigenous customary law within that system.
  • Explain and analyse important legal and political issues that have impacted on Indigenous Australians, linking the issues to past policies and laws.
  • Critically analyse the operation of Australian law and structure of government in continuing to impact on Indigenous Australians.
  • Identify the strengths and weaknesses of the Australian legal and political system to further Indigenous peoples' aims and evaluate the role of law reform in key areas affecting Indigenous Australians.

Mid semester essay

Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 18:00 15/09/2021
Weighting: 40%

 

An essay on a topic related to Indigenous peoples and the law.

 


On successful completion you will be able to:
  • Demonstrate advanced knowledge of the history of Australian law and system of government and the place of Indigenous customary law within that system.
  • Explain and analyse important legal and political issues that have impacted on Indigenous Australians, linking the issues to past policies and laws.
  • Critically analyse the operation of Australian law and structure of government in continuing to impact on Indigenous Australians.
  • Identify the strengths and weaknesses of the Australian legal and political system to further Indigenous peoples' aims and evaluate the role of law reform in key areas affecting Indigenous Australians.

Final essay task

Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 18:00 06/11/2021
Weighting: 40%

 

This topic will require independent research and comprehensive understanding of the unit materials

 


On successful completion you will be able to:
  • Demonstrate advanced knowledge of the history of Australian law and system of government and the place of Indigenous customary law within that system.
  • Explain and analyse important legal and political issues that have impacted on Indigenous Australians, linking the issues to past policies and laws.
  • Critically analyse the operation of Australian law and structure of government in continuing to impact on Indigenous Australians.
  • Identify the strengths and weaknesses of the Australian legal and political system to further Indigenous peoples' aims and evaluate the role of law reform in key areas affecting Indigenous Australians.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

The unit will be delivered in a Lecture and Tutorial format.

Lectures start in Week 1; Tutorials in Week 2. Refer to https://timetables.mq.edu.au/2021/ for further details on scheduled class times and room locations.

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 and to submit assignments.

The prescribed text for the unit is Larissa Behrendt et al, Aboriginal and Torres Strait Islander Legal Relations (OUP, 2nd ed, 2019) available for purchase from Booktopia here Booktopia Website. Hard copies and e-copies should also be available in the library.

Recommended text is Heather McRae et al, Indigenous Legal Issues: Commentary and Materials (Lawbook Co, 4th ed, 2008). Hard copies and e-copies should be available in the library.

All other information about the unit (additional reading, tutorial discussion questions etc) will be available on the iLearn page for the unit.

Unit Schedule

Lectures commence in Week 1. Tutorials commence in Week 2

Lecture Schedule:

Week 1: Dispossession and Colonisation

Week 2: Overview of Government Policies

Week 3: Contemporary Aboriginal and Torres Strait Islander Children's Welfare

Week 4: Juvenile Justice

Week 5: Criminal Justice 

Week 6: Indigenous Women and Criminal Justice 

Week 7: Land Rights

Mid-Semester Break (Essay Due 15 September, 6pm)

Week 8: Native title

Week 9: Cultural Heritage

Week 10: Racial Discrimination and the Law 

Week 11: Indigenous Rights v The New Paternalism 

Week 12: Unfinished Business

Week 13: No Lecture/Last Tutorial (Essay Due 6 Nov, 6pm)

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to help you improve your marks and take control of your study.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

If you are a Global MBA student contact globalmba.support@mq.edu.au

IT Help

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.

Changes since First Published

Date Description
13/07/2021 Hi approver I am very sorry to be resubmitting this unit guide. I realised I hadn't updated the due dates for written assessments in the unit schedule which I have now done. Best, Francesca

Unit information based on version 2021.02 of the Handbook