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Course specification
The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW8709 Comparative Native Title Law and Policy

Semester 1, 2021 Online
Short Description: Comparative Native Title Law &
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner:

Requisites

Pre-requisite: (LAW5111 and LAW5112) or Students must be enrolled in one of the following Programs: LLBH or LLMC

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

This course covers an important component of contemporary domestic Australian law. It provides students with a sound basic understanding of the relevant Australian law and policy, but also encourages broader contextual analysis via an examination of the relevant Australian legal and socio-political history, and equivalent developments in key comparative jurisdictions.

Synopsis

This course constructs a chronology of the recognition and refinement of the concept of native title in Australia, and intersperses with this an exploration of the relevant legal history in the US, Canada and New Zealand. It examines the Australian legal landscape prior to the watershed Mabo (No2) decision, critically re-examines that decision and its implications, and explores the essence of the parallel but much longer legal histories in other key countries - in the process providing a case study in comparative methodology. The course then returns to Australia, examining the initial federal legislative response in the Native Title Act 1993 (Cth), the succeeding critical Australian cases on extinguishment and ultimately proof and content, the evolution of the federal legislation, and the pattern of agreement making across the country. It concludes with a close exploration of key contemporary controversies and initiatives in the field.

Objectives

On successful completion of this course students should be able to demonstrate:

  1. knowledge and understanding – including:
    1. in-depth understanding of the pattern of Australian legal development in this field and an awareness of the broader socio-legal context;
    2. introductory working knowledge of the contemporary Australian native title framework; and
    3. basic understanding of the history of Indigenous land claims and contemporary Indigenous land rights in the US, Canada and New Zealand;
  2. reasoning skills - including an ability to critique legal developments with reference to social-political context and compare developments in different countries;
  3. research skills - namely the intellectual and practical skills necessary to identify, examine, synthesise and critique material - including basic cross-disciplinary and comparative material;
  4. communication skills - namely the skills necessary to produce clear, accurate, effective and appropriate academic legal writing;
  5. self-management skills – including a developing ability to learn, research and write independently, and to pursue informed independent ideas and perspectives.

Topics

Description Weighting(%)
1. Module 1: Introduction and the Mabo decision. 25.00
2. Module 2: The key comparative jurisdictions (the US, Canada and New Zealand). 25.00
3. Module 3: The Australian evolution: 1993-2002. 25.00
4. Module 4: An Australian renaissance? 15.00
5. Module 5: Contemporary statistics / controversies, and key NTA processes. 10.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=01&subject1=LAW8709)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Bartlett, R 2020, Native title in Australia, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Native Title Act 1993 (Cth)
(available via the Australian Government’s Federal Register of Legislation website.)

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Behrendt, L, Cunneen, C, Libesman, T & Watson, N 2018, Aboriginal and Torres Strait Islander legal relations, 2nd edn, Oxford University Press, South Melbourne, Victoria.
(or latest edition.)
Nettheim, G & McRae, H 2009, Indigenous legal issues: commentary and materials, 4th edn, Thomson Reuters, Pyrmont, New South Wales.
(or latest edition.)
Young, S 2008, The trouble with tradition: native title and cultural change, The Federation Press, Annandale, New South Wales.
The examiner will during the teaching semester advise students via USQStudyDesk of further recommended reference materials including articles, law reform reports etc.

Student workload expectations

Activity Hours
Assessments 80.00
Intensives 20.00
Private Study 65.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
DIRECTED RESEARCH PROBLEMS 40 40 03 May 2021 (see note 1)
RESEARCH PAPER 60 60 11 Jun 2021

Notes
  1. Predominately short answer research questions with the inclusion of broader engagement questions.

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .

Assessment notes

  1. Referencing in assignments:
    Students must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian.

Date printed 18 June 2021