JCU Australia logo

Subject Search

LA4035 - Native Title Law and Policy

Credit points: 3
Year: 2012
Student Contribution Band: Band 3
Administered by: School of Law Office

The subject introduces students to the common law and statutory theory of native title. Native title is examined in the context of the history of government law and policy in relation to Indigenous people both nationally and internationally. The subject then focuses on native title law and policy in Australia and undertakes a detailed examination of the statutory regime for the recognition and protection of native title rights and interests. Included in the analysis are the 1998 and 2007 amendments to the Native Title Act 1993 (Cth).

Learning Outcomes

  • an understanding of the common law and statutory theory of native title;
  • an understanding of the statutory regimes established to recognise and protect native title rights and interests;
  • the ability to critically analyse the law, policy and processes relating to the recognition and protection of native title rights and interests;
  • the ability to critically analyse native title law and policy in historical and public policy terms.

Graduate Qualities

  • The ability to adapt knowledge to new situations;
  • The ability to think critically, to analyse and evaluate claims, evidence and arguments, and to reason and deploy evidence clearly and logically;
  • The ability to deploy critically evaluated information to practical ends;
  • The ability to find and access information using appropriate media and technologies;
  • The ability to evaluate that information;
  • An understanding of the economic, legal, ethical, social and cultural issues involved in the use of information;
  • The ability to select and organise information and to communicate it accurately, cogently, coherently, creatively and ethically;
  • The ability to reflect on and evaluate learning, and to learn independently in a self directed manner;
  • The ability to read complex and demanding texts accurately, critically and insightfully;
  • The ability to work individually and independently.
Students should have an understanding of the Australian legal system, the role of common law and statutes and a basic understanding of rules governing the ownership and use of land and other property in Australia.


Cairns, Study Period 8, Block
Census Date 16-Aug-2012
Non-standard start/end 16-Jul-2012 to 28-Sep-2012
Face to face teaching 16-Jul-2012 to 20-Jul-2012 (5 days teaching.)
Coordinator: Professor Stephen Graw
Lecturer: <Person not found>.
Workload expectations:
  • 26 hours lectures
  • 12 hours tutorials
Assessment: end of semester exam (50%); assignments (50%).

Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.