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Unit outline_

LAWS5135: Indigenous Peoples and Public Law

Semester 2, 2020 [Normal day] - Camperdown/Darlington, Sydney

This course explores the relationship between Indigenous peoples and national and international public law systems. We begin with an exploration of Indigenous legal systems and governance structures. Students will see how this different way of seeing the world, and being in the world, impacts upon interactions with the mainstream legal system. We will examine the differing perspectives on history to see how they have shaped ever-changing laws and government policies. We will investigate issues such as: changing definitions of Aboriginality that have been imposed upon Aboriginal and Torres Strait Islander peoples; the over-representation of Indigenous Australians in the criminal justice system; paperless arrest laws in the Northern Territory and fine legislation in Western Australia; the legal mechanisms used to execute the Northern Territory Emergency Response; the utility of International Law, Human Rights Law and International bodies to Indigenous people; meanings of self-determination; native title and land rights legislation; and contemporary examples of Indigenous nation building. Opinions on the issues covered in the course are many and varied so students will be encouraged to explore each topic through discussion and lively debate.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Tanya Mitchell, tanya.mitchell@sydney.edu.au
Type Description Weight Due Length
Participation hurdle task Class participation
Class participation
20% Ongoing n/a
Outcomes assessed: LO1 LO8 LO7 LO6 LO5 LO4 LO3 LO2
Assignment hurdle task Research essay
Essay
80% Week 12
Due date: 20 Nov 2020 at 12:00
5000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
hurdle task = hurdle task ?

Assessment summary

  • Class participation: The course is designed to generate debate about the differing views on each topic. Students will be asked to participate in class discussions and an online discussion board in a way that demonstrates an understanding of the required readings. 
  • Research essay: The essay questions will be posted prior to the first class. The essay plan does not count towards your assessment but it is a compulsory pre-condition of submitting your final essay. It should state the argument you intend to make in answer to your chosen question and briefly set out how you intend to develop and illustrate that argument citing relevant materials. You will be required to swap your essay plans with other class members and give each other feedback.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Multiple weeks Aboriginal People and the Criminal Justice System Seminar (12 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
Native Title and Cultural Heritage Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO8
Racial Discrimination and the Law Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO8
The Constitution Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO8
Self-determination Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO8
Ongoing Aboriginal Raw ('Customary') Law Seminar (2 hr) LO6
Subjectivity and theoretical perspectives Seminar (2 hr) LO3 LO4 LO5 LO6 LO8
History Seminar (4 hr) LO3 LO4 LO5 LO6 LO8
Essay workshop Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8

Attendance and class requirements

  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof.  The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The required text is Larissa Behrendt et al Aboriginal and Torres Strait Islander Legal Relations, (OUP, 2nd ed, 2019). Please ensure you buy the second edition as much has changed since the first.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences.
  • LO2. work individually to prepare and present a debate on a topic in class.
  • LO3. critically analyse an issue by the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
  • LO4. synthesise multiple viewpoints and practices to generate novel ideas and solutions to contemporary problems.
  • LO5. demonstrate their cultural competence by recognising their subjectivity, celebrating Aboriginal and Torres Strait Islander cultures and knowledge systems, and gaining a nuanced understanding of contemporary issues.
  • LO6. demonstrate their understanding of Aboriginal and Torres Strait Islander Law and knowledge systems.
  • LO7. demonstrate their information and digital literacy by applying legal research skills.
  • LO8. understand the evolving nature and practice of the law, and the inter-relationship between the law, politics and social policy.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

The format of the presentation has been changed from a 15 minute one-off presentation to structured contributions to discussion in class and contribution to an online discussion board.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.