76068 Indigenous Peoples and the Law

Requisite(s): 70317c Real Property

There are also course requisites for this subject. See access conditions.

The relationship between Indigenous peoples and the law goes to the foundation of Australia's legal and political identity. This subject considers a range of historical and current issues between Indigenous peoples and the law.

Competition for land ownership has defined and driven race relations in Australia. This subject examines the historical dispossession of Indigenous people with reference to how this has impacted on current legal relations and debates. Aboriginal and Torres Strait Islander peoples' dispossession by law and war, together with the belated and partial recognition of Indigenous peoples in the Mabo(2) decision is evaluated. Land rights legislation, native title legislation and subsequent common law developments are also considered.

Indigenous Australian's are also the most incarcerated people in the world. Considering this, their relations with the criminal justice system with particular reference to community police relations is discussed.

Also, the dispersal of communities and the forced removal of children from their families have possibly had the most devastating impact of all colonial policies on Indigenous peoples. These policies and their effect are considered, with particular reference to current impacts in areas such as welfare law, juvenile justice and family law.

The issue of self determination is also considered in depth. Between 1972 and 1995 all Federal governments had a policy of self determination with regard to Indigenous peoples. The meanings and implications of this policy are examined in the context of self determination policies in comparable countries such as Canada and the United States. Consideration is given to the formation and role of Indigenous corporations, Australian and Canadian models of self government, the Aboriginal and Torres Strait Islander Commission (ATSIC) and international standards and developing norms with respect to self determination. In light of the Australian Government's decision in 2004 to abolish ATSIC, the shift from policies of self determination to 'practical reconciliation' is also evaluated.