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

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

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

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

The Indigenous Law Program – School of Law, Griffith University Indigenous Knowledge Curriculum Development Teaching and Learning Research Staff Development and Training Student Support School of Law Gumurrii Centre Student Support

Developing Indigenous Curriculum Developing Indigenous Curriculum Structuring Your Approach 1. Seek Commitment by School, Faculty and the University 2. Develop Support Mechanisms for Indigenous Inclusiveness 3. Explore Different Ways to Develop Indigenous Curriculum

Developing Indigenous Curriculum Developing Indigenous Curriculum Develop Indigenous-specific subjects as electives, or as core subjects. 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. 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 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. Consider asking Indigenous academics or Indigenous guest speakers to present lecturers on Indigenous topics that you have included in your curriculum.

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

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

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

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 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 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. a basic knowledge of Indigenous customary law and its limited recognition in the Australian legal system.

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

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

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

Positive Outcomes One Indigenous Law graduate won the 2006 Young QLD Lawyer of the year; 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; 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. Numerous graduates have completed practical legal training to because qualified solicitors and Barristers. Several of our graduates have worked as Judges Associates. Several of our graduates have worked as Judges Associates. 100% of Indigenous Law graduates have moved straight from University into employment in various capacities. 100% of Indigenous Law graduates have moved straight from University into employment in various capacities.

Resources A ‘Sensitivity Guideline’ is available at A ‘Sensitivity Guideline’ is available at vityguidelines.pdf vityguidelines.pdf Case study material on combating racism available at ndigenous.pdf Case study material on combating racism available at ndigenous.pdf ndigenous.pdf ndigenous.pdf I still call Australia home I still call Australia home Thank you for attending and listening.