UnitLevel 5Postgraduate

LAW5451 Indigenous peoples and the law

Faculty of Law

LAW5451 Indigenous peoples and the law is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law, offered in 2025 in Semester 1 at Monash Law Chambers. It has no prerequisites.

Credit points
6
Offered in 2025
Semester 1
Monash Law Chambers
Assessment
Exam 50%
and 1 other task

This is the 2025 handbook entry. See the 2027 entry.

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Requisites

Before LAW5451

Prohibitions

You can't enrol if you have passed any of these.

After LAW5451

No unit lists LAW5451 as a prerequisite in the 2025 handbook.

Enrolment rules

For Juris Doctor students (L6005), you must have completed 72 points of study.

Equivalent units

The same content under another code. Only one of them counts.

Overview

This unit examines the historical and contemporary legislative measures by which Indigenous people have been controlled, 'protected' and disempowered. It looks at laws and policies concerning identity, dispossession, protection, assimilation and 'intervention' or 'emergency response'. It will examine over-representation of Indigenous people within the criminal justice system, deaths in custody, the 'stolen generations' issue, land rights, native title, and customary law. The experience of Indigenous Australians is focussed upon as a 'case study' but significant comparison is made between this experience and that of other Indigenous people in particular in Canada, New Zealand and Malaysia. The unit also considers human rights, self determination, reconciliation, law reform and human rights issues.

Offerings in 2025

Teaching periodCampusMode
First semesterMonash Law ChambersOn campus, block

Assessment

  • Research assignmentWritten
    50%
  • Take home examExamination
    50%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Apply knowledge and understanding of the common law, constitutional and statutory framework that has applied to Indigenous people of Australia, and compare with selected common law countries particularly Canada and New Zealand;

  2. 2

    Critically assess and evaluate relevant principles, laws and precedents and apply them to resolve legal issues relating to Indigenous people;

  3. 3

    Investigate, analyse and synthesise complex information from the judgments and secondary materials on Indigenous issues, applying theoretical and practical perspectives relating to the interaction between Indigenous people and the introduced legal system;

  4. 4

    Use cognitive, technical and creative skills to identify human rights issues affecting Indigenous people in factual scenarios and to develop complex arguments for appropriate legal responses to address these issues;

  5. 5

    Communicate effectively, both orally and in writing, on complex issues affecting Indigenous people in Australia and comparison with overseas jurisdictions; and

  6. 6

    Reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Workload and teaching

  • Workshops24 hours
  • Teaching approachActive learning

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Where it fits

LAW5451 is part of 3 areas of study in the 2025 handbook.

Contacts

Chief Examiners
Dr Stephen Gray

Common questions

What are the prerequisites for LAW5451?

LAW5451 has no prerequisites, but enrolment rules apply.

When is LAW5451 offered?

In 2025, LAW5451 runs in Semester 1 at Monash Law Chambers.

Does LAW5451 have an exam?

Yes. The exam is worth 50% of the final mark, alongside 1 other task.

Which majors and minors include LAW5451?

LAW5451 is part of Global society and human rights; Health law and community; and Public sector governance and regulation.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available