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Course

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:

Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9211 or 5211 or 9231 or 5231 or 9220 or 5750.

Excluded: JURD7812

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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 will next be offered in Summer Session January 2014.


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

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.

Resources

Refer to Course Outline for a full list of resources.
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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