Native Title Law, Policy and Practice - LAWS8212

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740, 9230, 9211, 5211, 9231 or 5231.
 
 
Excluded: JURD7812
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description


Since the Mabo decision in 1992, native title has emerged as a complex and controversial area of law and policy. 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 requirements to prove a native title claim, the nature of the property right, 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.

The course is offered as an intensive, across a week in mid-January (Summer Session) every two years.


LLM Specialisation


Recommended Prior Knowledge


No prescribed prior knowledge, but a basic working knowledge of concepts in property and constitutional law will assist.

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, continuity and connection
  • Native title: characterisation and content
  • Determinations
  • Extinguishment
  • Preparing, pursuing and litigating native title claims
  • After the claim is over
  • Future acts
  • 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

Each time the course is offered, revised volumes of photocopied materials are prepared for student use. These can be purchased from the UNSW Bookshop. Participants need to read each topic bundle in advance of the relevant class.
Recommended
Refer to Course Outline available approximately 1 month prior to commencement of the course.

Resources


Refer to Course Outline available approximately 1 month prior to commencement of the course.