Indigenous People, Issues and The Law

Course code LAWS5024Units 10Level 5000Faculty of Business and LawNewcastle Law School

LLB courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.

Deals with the laws and legal issues relating to and effecting the Aboriginal and Torres Strait Islander peoples of Australia (Indigenous peoples of Australia) from colonisation to the modern day.

Not available in 2015

Previously offered in 2014
ObjectivesCourse Objectives:

1. To understand particular issues faced by Indigenous peoples and to sensitise students to these issues.
2. To equip students with knowledge and understanding of the laws that govern the relationship between Indigenous peoples and the legal system, including such issues as self-determination, citizenship and sovereignty.
3. To critically examine the impact of government policies and laws on Indigenous peoples.
4. To explore notions of social justice, restorative justice and reconciliation for Indigenous peoples in contemporary legal systems.
5. To analyse and critique polices and laws affecting Indigenous peoples from a socio-legal perspective.
ContentThe topics to be covered include:

1. Legal encounters:
­ Pre-contact Indigenous society and laws, the impact of colonisation and post-contact history
­ Government polices
­ customary law
2. Race theory: Race, crime and welfare, with reference to children and Aboriginal deaths in custody;
3. Land and other property: Land Rights, Native title; and examples of land returns and acquisitions post-Mabo.
4. Unfinished business: criminal justice issues; self determination and citizenship issues (eg. reconciliation, treaty, constitutional recognition)
Replacing Course(s)NA
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A and LAWS3004B
Modes of DeliveryInternal Mode
Teaching MethodsProblem Based Learning
Assessment Items
Essays / Written AssignmentsResearch Paper
Group/tutorial participation and contributionClass participation
Presentations - IndividualOral presentation along with a 2 page summary of the presentation
Contact HoursSeminar: for 3 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.