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LA4035 - Native Title Law and Policy

[Not offered in 2020]

Credit points: 3
Year: 2020
Student Contribution Band: Band 3
Administered by: College of Business, Law & Governance

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.

Subject Assessment

  • end of semester exam (50%)
  • assignments (50%).
Assumed
Knowledge:
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.

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.