KRS2040

Aborigines and the law

8 points
* 3 hours per week
* Second semester
* Clayton
* Prerequisites: Full first-year with one of ABS1, ABS2, HSY1040, HSY2260, GSC1801, GSC1803, GSC2802, GSC2804, GSC2805, KRS2010, KRS2020, LAW1100

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 Tutorial paper and written summary (1000 words): 10%
* Assignment (3000 words): 40%
* Examination (2 hours): 40%
* Attendance and participation: 10%

Recommended texts

Bird G (ed.) Majah, indigenous peoples and the law Federation Press, 1996
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