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Native Title Law, Policy and Practice - LAWS4212
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Since Mabo, Australian native title law has grown in the space of a decade into a complex body of law. This course will offer three main things. At a technical level, we will break down that complexity by isolating the main elements of native title law (the claims process, extinguishment, future acts, interaction with State laws etc.), in each instance examining the basic legal principles and how they translate into specific detail. Secondly, because native title law is shaped by broader forces, we will take account of the surrounding politics and policy debates. Thirdly, we will draw on experience with the practical operation of the Native Title Act to probe the relationship between the law as written and the reality on the ground.


LLM Specialisation

Human Rights and Social Justice.

Recommended Prior Knowledge

None

Course Objectives

  • To understand the principal statutory and common law features of native title law in Australia
  • To appreciate the interplay between statute and common law, and the relative influence of the courts and parliaments over the current state of native title law
  • To be aware of how extra-legal forces such as time, resources and political factors can affect native title law and native title outcomes
  • To develop a better appreciation of Indigenous and non-Indigenous perspectives on native title
  • To critically evaluate the state of native title law, policy and practice in Australia, including by reference to overseas experience
  • To develop a view on the broader significance of native title in Australian society
  • To develop a more specialised knowledge or perspective on an aspect of native title law, policy and/or practice through the production of a research essay

Main Topics

  • From terra nullius to Mabo No 2
  • Getting a Native Title Act
  • Scoping the Act
  • Change of government, Wik and CERD
  • The Amended Act
  • Society, connection, tradition, recognition
  • Native title: characterisation and content
  • Determinations
  • Extinguishment
  • Preparing and litigating native title claims
  • After the claim is over
  • Future acts
  • Future acts and agreement-making
  • Economic and social development and native title
  • Evaluating native title

Assessment

Class participation Preparation and engagement in class 10%
Short response to 1 article 1,000 words 10%
Research essay 6,000 words 80%
 

Course Texts

Prescribed
Four volumes of photocopied materials have been prepared for student use. Undergraduates may purchase them from the UNSW Bookstore. Postgraduates and non-degree students will be advised by email about their materials. Students are encouraged to read each topic bundle in advance of the relevant class.

Recommended
Refer to Course Outline provided by lecturer at the beginning of session.

Resources

Refer to Course Outline provided by lecturer at the beginning of session.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.