LAW4158

Indigenous peoples and the law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)

Synopsis: The legislative control, 'protection' and disempowerment experienced by indigenous Australians and the historical, comparative and contemporary contexts of their experiences in and with the Australian legal system. Laws and policies concerning identity, dispossession, protection and assimilation are examined. Over-representation of indigenous people within the criminal justice system, Deaths in Custody and stolen generations. Land rights, the Mabo and Wik cases, and the Native Title Act 1993 (Cth). Human rights and the role of international law, self determination, reconciliation and law reform.

Objectives: Upon completion of this subject, students should (1) have a general understanding of the common law, constitutional and statutory framework that has applied to indigenous peoples of Australia, and particularly of Victoria; (2) be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to indigenous clients; (3) have further developed legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules, procedures and comparative perspectives relating to indigenous peoples and interests; and (4) have developed skills of oral presentation of legal policy, rules and argument in an interactive learning context.

Assessment: Class participation and presentation: 10% + Research paper (2,500 - 3000 words): 40% + Examination (1.5 hours writing and 30 minutes reading and noting time): 50% OR Class participation and presentation: 10% + Examination (2.5 hours writing and 30 minutes reading and noting time): 90%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW3300 Criminal law and procedure OR LAW3301 Criminal law and procedure A and LAW3302 Criminal law B; LAW3400 Property OR LAW3401 Property A and LAW3402 Property B