LLAW3246 Indigenous Australians and the Law

2017

4.5

1 x 2-hour seminar weekly
1 x 13-hour project work per semester

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 27 units of first year LLAW topics
3 LLAW2221 - The Constitution and the Australian People [Indigenous / Social Justice I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW3044 has been successfully completed

The topic deals with interactions between Indigenous Australians and the mainstream Australian legal system. Areas covered include: the legal legacy of colonialism; native title; child welfare law and the Stolen Generations; Indigenous laws and legal systems; the criminal justice system and the Royal Commission into Aboriginal Deaths in custody; the Kumarangk (Hindmarsh Island) controversy.

This topic is designed to

• generate a critical understanding of the role played by the law in the development of the current relationship between Indigenous and non-Indigenous Australians
• generate a critical understanding of the law's potential to inflict discrimination and oppression on Indigenous Australians, and its potential to promote reconciliation based on justice
• provide an opportunity for students to research and debate in their historical, cultural and political context issues of central importance such as native title, compensation claims by members of the stolen generations, the Hindmarsh bridge controversy, the impact of the Australian criminal justice system and of racial discrimination laws
• provide Indigenous perspectives first hand by guest lecturers from the Indigenous community

Upon completion of this topic, students should be able to demonstrate knowledge and skills in:

• critically analysing the legal principles underlying the areas of controversy selected for detailed study in the legal relationship between Indigenous and non-Indigenous Australians
• describing successive government policies towards Indigenous Australians
• situating past and present government policies towards Indigenous Australians in their historical context, together with the significance of the 'history wars'
• identifying the implications of past and present government policies towards Indigenous Australians for current laws and policies
• critically evaluating the changes in policy brought about by the Howard government, and their impact on recent legal developments such as the native title amendments, the treatment of the stolen generations, and changes to the Aboriginal and Torres Strait Islander Commission
• engaging constructively with Indigenous cultures and histories as they relate to legal issues
• using the research resources in the area
• effectively communicating ideas and information about this topic, in written and oral forms