730-391 Law and Indigenous Peoples in Australia

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory or in each case their equivalents.

Taking current legal and political controversies in Australian Indigenous affairs as its starting point, the subject examines the legal relationship between Indigenous and non-Indigenous Australians and encourages students to critically analyse the impact of the Anglo/Australian legal system on indigenous Australians. Issues for particular study include indigenous Australian societies both before and after colonisation and their interaction with the colonising legal system, the process of legal colonisation, including the assimilation policies, legal regimes providing access to land and resources particularly native title, domestic and international regimes for protection of indigenous cultural property and heritage, the impact of the criminal justice system on indigenous Australians, and the possibilities for recognition of customary law in a pluralist legal system. Consistent themes throughout the subject will include the significance of land, the role of identity, the relevance of international human rights law, the concept of self-determination, indigenous governance, the significance of treaty and agreement making, the role of law in remedying disadvantage and experiences in other jurisdictions particularly Canada and New Zealand.

Note: The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

Negotiating exercise 20% (due week 10) and either research essay or project 5000 words 80% (due second week of the examination period) OR a final open-book examination three hours 80%.

Printed materials will be issued by the Faculty of Law.

• McRae, Nettheim & Beacroft, Indigenous Legal Issues. 3rd edn, Butterworths.