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Native Title Law, Policy & Practice - JURD7812

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8212

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.

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.

Recommended

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

Order from UNSW Bookshop

Resources

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