Introduces students to Aboriginal and Torres Strait Islander customary laws, including religious, family and land laws. Examines the conflict between Indigenous customary and Australian laws in the context of social control. Influential cases in both criminal and civil law will be reviewed. International comparisons will be used to highlight the potential for future legislative recognition.
1. Introduction - definitions, principles and concepts (2 weeks)
2. Maintaining social control and compliance under customary laws - pre-invasion and post-invasion
3. The content of Aboriginal customary laws
4. Dispute management
5. Recognition by the mainstream Australian system (2 weeks)
6. Torres Strait Islander customary laws
7. Reform proposals: frameworks for recognition
8. International comparisons
9. Reform proposals: further issues and unit conclusion (2 weeks)
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
Learning outcomes and graduate attributes
|On completion of this unit, students should be able to:||GA1||GA2||GA3||GA4||GA5||GA6||GA7|
|1||define Indigenous customary law and outline important concepts||Cultural competence|
|2||interpret anthropological sources that seek to explain Aboriginal and Torres Strait Islander customary laws, and summarise the content of such laws||Intellectual rigour||Cultural competence|
|3||describe methods of social control, and the extent of compliance with customary laws, in both pre-invasion and post-invasion Indigenous settings in Australia||Cultural competence|
|4||contrast individual rights under Australian Indigenous customary laws - especially those of women and children - with communal rights under such laws||Intellectual rigour||Creativity||Cultural competence|
|5||discuss Australian reports on the recognition of Indigenous customary laws and identify leading cases and statutes that refer to such laws||Intellectual rigour||Creativity||Cultural competence|
|6||contrast the recognition of indigenous customary laws in Canada, the United States of America, and New Zealand, with Australia||Creativity||Cultural competence|
|7||locate the points at which state, territory and Commonwealth jurisdictions recognise Australian Indigenous customary laws and review the potential for further recognition.||Intellectual rigour||Creativity||Cultural competence|
- No prescribed texts.
Teaching and assessment
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2014 Commonwealth Supported only. Student contribution band: 1
Please check the international course and fee list to determine the relevant fees.