Indigenous Inclusive Teaching & Learning Practices in Law Workshop for Academics

1. Indigenous Inclusive Teaching & Learning Practices in LawWorkshop for Academics Finding a Balance Facilitator: Phil Falk Senior Lecturer School of Law, Griffith University USQ Staff Workshop 14th November 2007

2. Why is it important to include Indigenous knowledge & perspectives in law curriculum? • history of invasion, dispossession and assimilation • disproportionate levels of socio-economic suppression • compounding factors from the past result in disadvantage amongst Indigenous Australians in the present • mainstream curriculum has historically fostered cultural subordination and political neutralisation of Indigenous Australians • negative stereotyping, and putting forward non-Indigenous views on Indigenous issues • unresolved issues remain sources of contention between Indigenous and non-Indigenous people to this day

3. Why is it important to include Indigenous knowledge & perspectives in law curriculum? • How do we go about including Indigenous issues in law curriculum? • How can we be representative of Indigenous people’s views and perspectives? • What do we need to observe when teaching Indigenous issues?

4. General Considerations • knowledge and awareness of historical and contemporary issues • socio-economic status – health, crime, housing and education • general knowledge of the Case law and legislation – as it relates to your course • racism and discrimination • cultural issues • use of language

5. The Indigenous Law Program – School of Law, Griffith University

6. Developing Indigenous Curriculum Structuring Your Approach • Seek Commitment by School, Faculty and the University • Develop Support Mechanisms for Indigenous Inclusiveness • Explore Different Ways to Develop Indigenous Curriculum

7. Developing Indigenous Curriculum • Develop Indigenous-specific subjects as electives, or as core subjects. • Incorporate Indigenous issues wherever relevant throughout an existing subject – Griffith has done his through vertical integration. • Consider the inclusion of readings, assignment topics and exam questions relevant to the Indigenous curriculum within your subjects. • Consider asking Indigenous academics or Indigenous guest speakers to present lecturers on Indigenous topics that you have included in your curriculum.

8. Developing Indigenous Curriculum Indigenous-Specific Subjects • Indigenous Australian Peoples and the Law • Practical Legal Training for Indigenous Australians: Semester in Bar Practice • The Law and Practice of Native Title

9. Curriculum Development Mainstream subjects • 2005 Law Schools Curricula Review. • staff and student interviews and questionnaires were undertaken. • identified that the schools coverage of Indigenous issues was ad hoc and generally unplanned. • Indigenous ‘vertical’ subject.

10. Developing Indigenous Curriculum Mainstream - Vertical Integration • Create an Indigenous theme for a subject • Include Indigenous snippets throughout • Include Indigenous cases as examples • Refer to Indigenous authors • Dedicate a week’s lecture • Include a compulsory assignment or exam question

11. Law and the Modern State Vertical Objectives • a critical understanding of the basis of the legal subjection of Indigenous people to Australian law (including conceptions of sovereignty and formal equality); • a knowledge and understanding of models of post-invasion/settlement government and the regulation of Indigenous peoples (including the pervasive whiteness of the Australian legal system); and • a basic knowledge of Indigenous customary law and its limited recognition in the Australian legal system.

12. Teaching Indigenous Curriculum Culturally-aware Pedagogy • Use effective cross-cultural communication practices. • Understand Indigenous people’s views in a particular discourse. • Maintain awareness that the teaching of Indigenous issues presents different challenges for Indigenous and non-Indigenous academics. • Recognise different learning responses of students. • Take responsibility to deal with racism and discrimination.

13. Teaching Indigenous Curriculum Culturally-aware Pedagogy • Use effective cross-cultural communication practices. • Understand Indigenous people’s views in a particular discourse. • Maintain awareness that the teaching of Indigenous issues presents different challenges for Indigenous and non-Indigenous academics. • Recognise different learning responses of students. • Take responsibility to deal with racism and discrimination.

14. Positive Outcomes • All Law Students are learning about the law and its interface with Indigenous People. • 55 students in 2006 - largest Indigenous student enrolment of any other law school in Australia. • retention rate averages about 85% retention since 2000. • students graduating in numbers of 5 or more per year, increasing annually (nil prior to 2000); • Students win several student prizes each year; • We have completed four Masters Students and one PhD student over the last five years. • We currently have three PhD students enrolled;

15. Positive Outcomes • One Indigenous Law graduate won the 2006 Young QLD Lawyer of the year; • One Indigenous criminology student who undertook my courses went on to became Young Australian of the Year in 2007; • Numerous graduates have completed practical legal training to because qualified solicitors and Barristers. • Several of our graduates have worked as Judges Associates. • 100% of Indigenous Law graduates have moved straight from University into employment in various capacities.

16. Resources • A ‘Sensitivity Guideline’ is available at http://www.griffith.edu.au/school/law/assets/equity/sensitivityguidelines.pdf • Case study material on combating racism available at http://www.griffith.edu.au/school/law/assets/equity/acsindigenous.pdf • I still call Australia home http://www.youtube.com/watch?v=yGzoGhfM24A Thank you for attending and listening.