Indigenous peoples and the law 406
Melissa Castan
6 points
* 3 hours (seminar format) per week
* One semester
*
Clayton
* Corequisites: LAW3300 and LAW3400
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 analyse and critically comment upon the impact of the Australian (particularly Victorian) criminal justice system generally, on the indigenous peoples of Australia; (3) be able to analyse and evaluate the impact and outcomes of the Royal Commission into Aboriginal Deaths in Custody and its recommendations; (4) have specific understanding of the common law and statutory framework of interests in land held by, or able to be claimed by Aboriginal peoples or groups; (5) have a general understanding of the role of international law and human rights issues as they relate to indigenous Australians; (6) be able to understand, evaluate and apply policy arguments for and against reform of the laws relating to indigenous peoples in Australia, particularly regarding criminal law and procedure, and land tenure; (7) be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to indigenous clients; (8) 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 (9) have developed skills of oral presentation of legal policy, rules and argument in an interactive learning context.
Synopsis The course explores 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. The legal and historical background and legal relations between Aboriginal and non-Aboriginal people of Australia, and the concept of `Aboriginality' will be examined; the laws and policies concerning dispossession, protection and assimilation; over-representation of indigenous people within the criminal justice system; the work of the Royal Commission into Aboriginal Deaths in Custody; developments in land rights, the Mabo case, and the Native Title Act 1993 (Cth) are considered and evaluated. Human rights and the role of international law, self determination, reconciliation and law reform will be considered. Comparative analysis of the laws and policies affecting indigenous peoples of Canada, New Zealand and the United States will be addressed where appropriate.
Assessment Class participation and presentation: 10%
* Research
paper (2500-3000 words): 40%
* Supervised examination: 50%
Recommended texts
Cunneen and Libesman Indigenous people and the law Butterworths, 1995
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