KRS2040

Aborigines and the law

John Tuck

8 points - 3 hours per week - Second semester - Clayton - Prerequisites: First-year sequence, or with approval of course coordinator

Objectives On completion of this subject students should have acquired a historical and philosophical understanding of Australian (particularly Victorian) legislation and policies relating to Aboriginal and Torres Strait Islanders; analysed and critically commented upon the impact of Australian (particularly Victorian) legislation and the legal system generally on the indigenous peoples of Australia; analysed and evaluated the impact and outcomes of the Royal Commission into Aboriginal Deaths in Custody, and the Human Rights and Equal Opportunity Commission's report into 'The stolen generations' and its recommendations; and drawn comparisons between the laws and policies affecting Indigenous peoples of Australia, Canada, New Zealand and the United States.

Synopsis A study of legislation for and against Aborigines. The Royal Commission into Aboriginal Deaths in Custody, and the Human Rights and Equal Opportunity Commission's report into 'The stolen generations' will be examined. The main topics will include traditional Aboriginal customary law, government policies, acts, legislation, child removal policies, Aboriginal imprisonment rates and comparisons, deaths in custody, the Royal Commission and its recommendations and implementations.

Assessment Seminar paper (2000 words): 25% - Research assignment (3000 words): 45% - Class test (1 hour): 20% - Attendance and participation: 10%

Recommended texts

Commonwealth of Australia Royal Commission into Aboriginal Deaths in Custody AGPS, 1988
Cunneen C and Libesman T Indigenous people and the law in Australia Butterworths, 1995
McRae, Nettheim and Beacroft (eds) Indigenous legal issues LBC, 1997
National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families HREOC Report, April 1997

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