Students

LAWS5018 – Indigenous Peoples and the Law

2023 – Session 2, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Francesca Dominello
francesca.dominello@mq.edu.au
Contact via iLearn
TBA
TBA
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

Please note that the unit has weekly lectures that are approximately 2 hours long and weekly tutorials that are 1 hour long. Lectures commence in Week 1 and tutorials commence in Week 2. The Lectures will be pre-recorded. To help students manage their workloads and encourage work readiness, the lectures and tutorial questions will be available one week in advance. For example, materials for Week 3, will be made available in Week 2. Please do not ask the convenor to have materials provided earlier than this.

Participatory Tasks

These tasks relate to the tutorials. 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. The tutorials are a mix of face-to-face and online tutorials scheduled on Monday and Wednesday. 

The participatory tasks in the unit will be assessed according to an on-call system. Attendance at tutorials when students are on-call is compulsory as students will be assessed for class participation during these tutorials. More details, including the schedule of on-call allocations, will be posted on iLearn at the end on Week 1. On-call participation will commence in Week 3. 

The first tutorial in Week 2 is also compulsory for all students as this is when students will have the opportunity to meet their tutor and other students in their class, and be introduced to the unit content and provided with an overview of the unit. The tutorial will provide foundational coverage essential for completion of all the assessments. This approach is also consistent with Macquarie University's inclusive learning and teaching pedagogy.

In enrolling in this unit, you are expected to attend all compulsory tutorials. If you know you cannot attend one or more tutorials during the semester prior to the release of the on-call allocations, please let the unit convenor know before 11:59pm on 28 July and alternative arrangements may be accommodated without requiring you to apply for special consideration.

After 11:59pm on 28 July, if a student's absence from one of their on-call tutorials 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. Essay 1 topic will be released in Week 2 and Essay 2 topic will be released in the mid-semester break. More information will be available on the iLearn page.

Special Consideration

All applications for special consideration whether in relation to compulsory tutorials (eg, for the on-call tutorials) or the written essays must be made through Ask. See the Special Consideration Policy link in this unit guide.

Note to new policy for written assignments as follows:

Late Assessment Submission Penalty  

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.    

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic. 

Note the first paragraph applies to the essays, and the second paragraph applies to the participatory tasks.

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
Mid semester essay 40% No 11/09/2023
Final essay task 40% No 04/11/2023
Participation 20% No weekly

Mid semester essay

Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 11/09/2023
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: 04/11/2023
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.

Participation

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

 

Discussion, debate, collaboration and other 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.

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/2023/ 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 11 September, 11:55pm as per new special consideration policy)

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 4 Nov, 11:55pm as per new special consideration policy)

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

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

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.

Unit information based on version 2023.01R of the Handbook