CQUniversity Unit Profile
CRIM11003 Indigenous Australians and the Criminal Justice System
Indigenous Australians and the Criminal Justice System
All details in this unit profile for CRIM11003 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

This foundational unit provides you with the knowledge and skills to work effectively within Indigenous contexts of the Criminal Justice System. This unit responds to the over-representation of Indigenous Australians within the criminal justice system, as offenders and as victims. You will discuss the impact of invasion and economic disenfranchisement on individuals and communities and explain systemic responses in policing, courts and corrections. Through the curriculum, you will be equipped with the skills and expertise to work toward sustainable societies that respond to inclusiveness based on respect for human rights, the rule of law and good governance. This unit explores the position of Indigenous Australians before the Western justice system and provides you with the attributes that allow you to be an active citizen engaged in reconciliation and social justice for Indigenous Australians.

Details

Career Level: Undergraduate
Unit Level: Level 1
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

There are no requisites for this unit.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 2 - 2021

Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Online Quiz(zes)
Weighting: 20%
2. Written Assessment
Weighting: 50%
3. Learning logs / diaries / Journal / log books
Weighting: 30%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Critique the connections between the criminal justice system, health, mental health and poverty, particularly for Indigenous Australian youth
  2. Critically reflect on current strategies that aim to improve relations between Indigenous Australians and criminal justice agencies
  3. Discuss the impact of historical and contemporary approaches to criminal justice on Indigenous Australians
  4. Discuss theories of colonialism and post-colonialism as they pertain to contemporary Australian justice issues
  5. Communicate using fundamental Indigenous Australian cultural competency.

No external accreditation is relevant to this award.

Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment - 50%
2 - Online Quiz(zes) - 20%
3 - Learning logs / diaries / Journal / log books - 30%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation
10 - Aboriginal and Torres Strait Islander Cultures

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10
1 - Written Assessment - 50%
2 - Online Quiz(zes) - 20%
3 - Learning logs / diaries / Journal / log books - 30%
Textbooks and Resources

Textbooks

There are no required textbooks.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: American Psychological Association 7th Edition (APA 7th edition)

For further information, see the Assessment Tasks.

Teaching Contacts
Heather McLean Unit Coordinator
h.e.mclean@cqu.edu.au
Stephen Colbran Unit Coordinator
s.colbran@cqu.edu.au
Schedule
Week 1 Begin Date: 12 Jul 2021

Module/Topic

'Educate yourself'

Chapter

Hobbs, H. & Williams, G. (2018). The Noongar Settlement: Australia's First Treaty. Sydney Law Review. 40(1) 

Referendum Council, 2017, Final Report of the Referendum Council.

Blagg, H. & Anthony, T. (2019). ‘Introduction: Turning Criminology Upside Down’, in Decolonising Criminology: Imaging Justice in a Postcolonial World. Palgrave MacMillan, pp. 1-29.

Sherwood, J. (2019). ‘Foreword’ to Blagg, H. & Anthony, T. Decolonising Criminology: Imaging Justice in a Postcolonial World. Palgrave MacMillan, pp. ix-xiii.

Events and Submissions/Topic

Week 2 Begin Date: 19 Jul 2021

Module/Topic

Indigenous Australians and Colonialism 

Chapter

Burke, H., Barker, B., Wallis, L., Craig, S. & Combo, M. (2020). Betwixt and Between: Trauma, Survival and the Aboriginal Troopers of the Queensland Native Mounted Police. Journal of Genocide Research, 22(3): 317-333.

Entry on Discovery in P.K. Nayar (2015). The Postcolonial Studies Dictionary. Wiley https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=2008059

Events and Submissions/Topic

Workbook Task 1 due

Submission by Friday 23/7/21
5 pm Queensland time. 
Week 3 Begin Date: 26 Jul 2021

Module/Topic

Legal encounters 

Chapter

Kercher, B. (1998). Recognition of Indigenous Legal Autonomy in Nineteenth Century New South Wales, Indigenous Law Bulletin (7).

Lydon, J. (2017). Anti-slavery in Australia: Picturing the 1838 Myall Creek Massacre, History Compass, (15) 5. 

Events and Submissions/Topic

Online quiz 5% (1/4)
Opens Monday 26/7/21  9am and closes Thursday 29/7/21 5 pm. 

Please note: no extensions can be given for online quizzes. You will have 24 hours to complete the quiz once you commence. 


Week 4 Begin Date: 02 Aug 2021

Module/Topic

Racism, Missions and the Northern Territory Intervention 

Chapter

Blagg, H. & Anthony, T. (2019). ‘Postcolonial Criminology: “The Past Isn’t Over”’, in Decolonising Criminology: Imaging Justice in a Postcolonial World. Palgrave MacMillan, pp. 31-54.

Castan Centre (2020). What is the Northern Territory Intervention? The Northern Territory Intervention. 

‘Foreword’ to Wild, R. & Anderson, P. (2007). Ampe Akelyernemane Meke Mekarle: Little Children are Sacred, Report by the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, pp. 7-9.

Events and Submissions/Topic

Week 5 Begin Date: 09 Aug 2021

Module/Topic

The Stolen Generations 

Chapter

Blagg, H. & Anthony, T. (2019). ‘Postcolonial Criminology: “The Past Isn’t Over”’, in Decolonising Criminology: Imaging Justice in a Postcolonial World. Palgrave MacMillan, pp. 31-54.

(See Learning Module for directed reading) Human Rights and Equal Opportunity Commission. (1997). Bringing Them Home: the ‘stolen children’ report. 

Nogrady, B., (2019), Trauma of Australia's Indigenous ‘Stolen Generations’ is still affecting children today. Nature, 570(7762), pp. 423-424. 

Events and Submissions/Topic

Online quiz 5% (2/4)
Opens Monday 9/8/21  9am and closes Thursday 12/8/21 5 pm.

Please note: no extensions can be given for online quizzes. You will have 24 hours to complete the quiz once you start.


Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Chapter

Events and Submissions/Topic

Workbook Task 2 

Submission by Friday 20/8/21
5 pm Queensland time. 
Week 6 Begin Date: 23 Aug 2021

Module/Topic

Social Determinants - education & employment

Chapter

Bodkin-Andrews, G. & Carlson, B. (2016). The legacy of racism and Indigenous Australian identity within education. Race Ethnicity and Education. 19(4): 784-807.

Hogg, R. (2001). Penality and Modes of Regulating Indigenous Peoples in Australia, Punishment and Society, (3)3, 355-379.

Events and Submissions/Topic

Week 7 Begin Date: 30 Aug 2021

Module/Topic

Aboriginal Deaths in Custody 

Chapter

Australian Law Reform Commission. (2018). Pathways to Justice – Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples (ALRC Report 133) https://www.alrc.gov.au/publication/pathways-to-justice-inquiry-into-the-incarceration-rate-of-aboriginal-and-torres-strait-islander-peoples-alrc-report-133/

Dodson, P. (2016). ’25 Years on from Royal Commission into Aboriginal Deaths in Custody Recommendations’, National Press Cub Address, 13/04/2016. Available in Indigenous Law Bulletin, March/April, 8(23): pp. 24-29 http://www5.austlii.edu.au/au/journals/IndigLawB/2016/12.pdf

Doherty, L. and & Bricknell, S. (2020). Deaths in custody in Australia 2018-19. Statistical Report no. 31. Canberra: Australian Institute of Criminology. https://www.aic.gov.au/publications/sr/sr31

Healey, J. (2019). Chapter 2, Aboriginal Deaths in Custody, Indigenous People and Criminal Justice, Spinney Press, pp. 27-37. 

Events and Submissions/Topic

Workbook Tasks 3 and 4

Submission by Friday 3/9/21
5 pm Queensland time.
Week 8 Begin Date: 06 Sep 2021

Module/Topic

Indigenous Criminology and Justice Reinvestment

Chapter

Healey, J. (2019). Chapter 1, Indigenous Incarceration Rates, Indigenous People and Criminal Justice, Spinney Press, pp, 1-26.

Blagg, H. & Anthony, T. (2019). ‘Restorative Justice or Indigenous Justice’, in Decolonising Criminology: Imaging Justice in a Postcolonial World. Palgrave MacMillan, pp. 133-152.

Events and Submissions/Topic

Online quiz 5% (3/4)Opens Monday 6/9/21 9 am and closes Thursday 9/9/21 5 pm.

Please note: no extensions can be given for online quizzes. You will have 24 hours to complete the quiz once you commence.

Week 9 Begin Date: 13 Sep 2021

Module/Topic

Aboriginal & Torres Strait Islander Women: over-represented as both victims & perpetrators

Chapter

Blagg, H. & Anthony, T. (2019). Carceral Feminism: Saving Indigenous Women from Indigenous Men, Decolonising Criminology : Imagining Justice in a Postcolonial World, Palgrave Macmillan, pp. 203-244.  

Nancarrow, H. (2019). Chapter 3, 'Gendered Aspirations in Domestic Violence Law', in Unintended Consequences of Domestic Violence Law: Gendered Aspirations and Racialised Realities. Springer International Publishing AG, pp. 61-89.

Australian Institute of Health and Welfare (2019). The Health of Australia’s Prisoners. https://www.aihw.gov.au/reports/australias-health/health-of-prisoners

Events and Submissions/Topic

Workbook Task 5 due

Submission by Friday 17/9/21
5 pm Queensland time.
Week 10 Begin Date: 20 Sep 2021

Module/Topic

Young Indigenous Australians and the criminal justice system

Chapter

Cunneen, C. (2020). Youth justice and racialization: Comparative reflections, Theoretical Criminology. 24(3): 521–539.
Hage, T. & Fellows, J. (2018). Combatting over-representation of Indigenous Youth in the Queensland criminal justice system through ‘justice reinvestment’, James Cook University Law Review, 24: 147-168.

Healey, J. (2019). Chapter 3, Indigenous Youth in Detention, Indigenous People and Criminal Justice, Spinney Press, pp. 38-52. 

Events and Submissions/Topic

Online quiz 5% (4/4)
Opens Monday 20/9/21 9 am and closes Thursday 23/9/21 5 pm.

Please note: no extensions can be given for online quizzes. You will have 24 hours to complete the quiz once you commence.


Online Quizzes (4 x 5% each) 20% Due: Week 10 Thursday (23 Sept 2021) 5:00 pm AEST
Week 11 Begin Date: 27 Sep 2021

Module/Topic

Health, Mental Health and Substance Abuse Issues in the Criminal Justice System

Chapter

Heffernan, E., Anderson, K., Davidson, F. & Kimer, S. (2015). PTSD Among Aboriginal and Torres Strait Islander People in Custody in Australia: Prevalence and Correlates. Journal of Traumatic Stress. (28). pp. 523-530.

Markwick, A., Ansari, Z., Clinch, D. & McNeil, J. (2019). Experiences of racism among Aboriginal and Torres Strait Islander adults living in the Australian state of Victoria: a cross-sectional population-based study, BMC Public Health, (19): https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6419444/

Events and Submissions/Topic

Week 12 Begin Date: 04 Oct 2021

Module/Topic

Black Lives Matter 

Chapter

Mason, B. (2020). Reporting Black Lives Matters: Deaths in custody journalism in Australia, Pacific journalism review: PJR, 26(2), 202-220. 

Events and Submissions/Topic

Workbook Tasks 6 and Reflection due

Submission by Friday 8/10/21
5 pm Queensland time.

Workbook 30% Due: Week 12 Friday (8 Oct 2021) 5:00 pm AEST
Review/Exam Week Begin Date: 11 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 18 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Written assignment due 50%

Submission 22/10/21 by 5 pm Queensland time. 

Written assignment 50% Due: Exam Week Friday (22 Oct 2021) 5:00 pm AEST
Begin Date: 25 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Online Quiz(zes)

Assessment Title
Online Quizzes (4 x 5% each) 20%

Task Description

Task Description

There are 4 quizzes worth 5% each throughout the unit. Each quiz is designed to engage you with set readings or videos (from Modules 1 – 11). Only set readings and activities from the weekly learning modules might be included in any quiz – readings and videos marked ‘additional’ or ‘optional’ will never be assessed (although they might be both interesting and useful for other assessment tasks).

Each of the four quizzes will assign you ten questions which are drawn randomly from a larger bank of questions. Questions are equally weighted.

Each quiz will be available over 4 days and students will have 24 hours in which to complete the quiz once they have commenced it. 


Number of Quizzes

0


Frequency of Quizzes

Other


Assessment Due Date

Week 10 Thursday (23 Sept 2021) 5:00 pm AEST

This is the last of 4 online quizzes (5% each) run throughout the term.


Return Date to Students

Week 11 Monday (27 Sept 2021)

results are visible in gradebook


Weighting
20%

Assessment Criteria

§ Comprehension of set reading materials.

§ Application of concepts from the readings to topics in this unit.

§ Ability to critically evaluate propositions. 


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Critique the connections between the criminal justice system, health, mental health and poverty, particularly for Indigenous Australian youth
  • Communicate using fundamental Indigenous Australian cultural competency.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Cross Cultural Competence

2 Written Assessment

Assessment Title
Workbook 30%

Task Description

Task Description

Throughout this unit, you will be asked to complete various activities in the weekly learning modules. Some activities might be online quizzes, some might involve you discussing a topic and then reflecting on it, some might be about finding and sharing relevant resources in Discussion threads. Every week there will be a challenge or a task that you will be expected to prepare in order to share in the workshop. SIX of these activities in the learning modules book will be nominated as requirements for your workbook. These are must do tasks.

The workbook assessment task requires that you submit:

§ 6 workbook activities (of between 250-300 words for each activity) (weighted at 5 % each)

§ a 250-word reflection of what you have learnt throughout the unit (mandatory task unweighted but you need to do this to pass).

Approximately, the workbook will be 2000 - 2500 words in total.

Each task should use at least one properly referenced academic text. 




Assessment Due Date

Week 12 Friday (8 Oct 2021) 5:00 pm AEST

Final submission of task 6 of the 6 workbook tasks and final reflection


Return Date to Students

Exam Week Friday (22 Oct 2021)


Weighting
50%

Assessment Criteria

Assessment Criteria

§ Use creative problem solving in response to challenges.

§ Report succinctly on challenge task activities and what you have learnt from them.

§ Reflect on your learning process and identify learning gaps for future study.

§ Apply theories and concepts from the coursework to practical situations.

§ Participate in small team activities to actively support peers’ learning.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Critique the connections between the criminal justice system, health, mental health and poverty, particularly for Indigenous Australian youth
  • Discuss the impact of historical and contemporary approaches to criminal justice on Indigenous Australians
  • Discuss theories of colonialism and post-colonialism as they pertain to contemporary Australian justice issues


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Cross Cultural Competence

3 Learning logs / diaries / Journal / log books

Assessment Title
Written assignment 50%

Task Description

In this assessment you will examine an important issue from the topics listed below.

You will identify and use relevant and current research presented both in peer-reviewed journal articles and appropriate grey literature to explain how both historical and contemporary colonial practices continue to have ramifications for Indigenous Australians with reference to the criminal justice system.

You will use appropriate theoretical terms from postcolonial and / or the ideas of decoloniality to analyse your issue.

The written assignment has three parts so if can be discussed in class in stages and you can get feedback at you go along.

Choose from 4 issues:

§ Black Lives Matter: Aboriginal Deaths in Custody in a global context

§ Aboriginal and Torres Strait Islander Women in the Criminal Justice System

§ Aboriginal and Torres Strait Islander Children in the Criminal Justice System

§ Self-determination and Innovative Solutions to the over-representation of Aboriginal and Torres Strait Islander People in the Criminal Justice System

PART ONE – 600 words

Find two peer reviewed journal articles. At least one needs to be by an Australian First Nations academic. Both articles need to be relevant to your chosen topic. Correctly reference each article. Under each article, note what the key points are for each article. You need to show that you understand the key points and that you can use the article to add to your own discussion. For example:

Dodson, M. and Hunter, B. H. (2006). Selected Crime and Justice Issues for Indigenous Families, Family Matters, 75: 34-41. https://search-informit-org.ezproxy.cqu.edu.au/doi/10.3316/ielapa.347075762839657

While much research examining the interactions of Indigenous Australians with the criminal justice system uses data obtained from various police records and court systems, Dodson and Hunter (2006) explore the same interactions using social surveys which they believe are better placed to answer such questions as: ‘Why do Indigenous people appear in court at a rate five times higher than the rest of the population?’ (Dodson and Hunter, 2006, p. 34).

Part One will be discussed in class and you will get feedback on both your adherence to referencing style APA 7 as well as your ability to integrate academic texts into your own writing.

PART TWO – 500 words
Produce a 2-page background to your chosen topic and include in this explicit and referenced links to early or current colonial practices impacting your chosen issue. Use your articles from Part One as well as one grey literature report and a minimum of one other text in your discussion.

This section will be discussed in class and you will get peer and lecturer input on your ideas.

PART THREE – 500 words

Outline Aboriginal-controlled organisations or partnerships working in the area of your chosen topic. What are the key strategies, programs or services that they are working on? How are they developed and offered? Are they culturally appropriate? Explain with examples.



Assessment Due Date

Exam Week Friday (22 Oct 2021) 5:00 pm AEST


Return Date to Students

Written assignments submitted by due date will be returned in two-weeks.


Weighting
30%

Assessment Criteria

Assessment Criteria

§ Comprehension of coloniality evident in discussion.

§ Application of postcolonial theory to chosen issue.

§ Use of research, including statistics, to support an argument.

§ Appropriate referencing, including in text referencing and reference list.

§ Ability to explain culturally appropriate practices and institutions.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Critically reflect on current strategies that aim to improve relations between Indigenous Australians and criminal justice agencies
  • Discuss the impact of historical and contemporary approaches to criminal justice on Indigenous Australians
  • Discuss theories of colonialism and post-colonialism as they pertain to contemporary Australian justice issues
  • Communicate using fundamental Indigenous Australian cultural competency.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Cross Cultural Competence

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?