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
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 - 2023
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Survey
Overall fantastic unit with excellent and informative content which is truly applicable to real-world situations.
Build on current content and themes, and update course materials to include discussion of contemporary real-world events and issues.
Feedback from Survey
Included many assessments, fewer submissions would be easier to keep track of.
Further refine assessment structures and number of submissions required, and send reminders of upcoming deadlines.
Feedback from Survey/in class
Class was interesting and challenging, learned a lot about Indigenous history and experiences in the justice system.
Continue to build on content that contextualises current experiences of the criminal justice system within the history and legacy of colonialism. Further develop interactive class activities that encourage exploration and discussion of these issues.
- Critique the connections between the criminal justice system, health, mental health and poverty, particularly for Indigenous Australian youth
- 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.
No external accreditation is relevant to this award.
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
There are no required textbooks.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
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.
r.hale@cqu.edu.au
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Introduction to CRIM11003 'Indigenous Australians and the Criminal Justice System'
Chapter
Cunneen, C. & Tauri, J. (2016). Introduction. In Indigenous Criminology, Policy Press, Bristol, pp. 1-22. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=4584969&ppg=12
Events and Submissions/Topic
Module/Topic
The history wars: Black armband VS. White blindfold
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), 317-33. https://doi-org.ezproxy.cqu.edu.au/10.1080/14623528.2020.1735147
Nayar, P.K. (2015). Discovery. In The Postcolonial Studies Dictionary, John Wiley & Sons, UK, pp. 51-52. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=2008059&ppg=65
Events and Submissions/Topic
Module/Topic
First Nations disadvantage in Australia
Chapter
Steering Committee for the Review of Government Service Provision (2020). Overcoming Indigenous Disadvantage: Key Indicators 2020. Australian Productivity Commission: Canberra. Overcoming Indigenous Disadvantage: Key Indicators 2020 - Report (pc.gov.au)
Events and Submissions/Topic
Module/Topic
The law and Indigenous Australians
Chapter
Behrendt, L. (2021). Chapter 26: Ten Key Legal Decisions (Plus One to Keep an Eye On). In Indigenous Australia for Dummies, John Wiley & Sons, Milton, pp. 469-475. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=6498786&ppg=489
Castan Centre for Human Rights Law (2020). What is the Northern Territory Intervention? The Northern Territory Intervention: An Evaluation, pp. 7-9. https://www.monash.edu/law/research/centres/castancentre/our-areas-of-work/indigenous/the-northern-territory-intervention/the-northern-territory-intervention-an-evaluation/what-is-the-northern-territory-intervention
Events and Submissions/Topic
Module/Topic
Indigenous Australians and the police
Chapter
Blagg, H. & Anthony, T. (2019). Postcolonial Criminology: “The Past Isn’t Over…” In Decolonising Criminology: Imagining Justice in a Postcolonial World, Palgrave Macmillan, pp. 31-54. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=5983950&ppg=47
Cunneen, C. (2020, September 30). “The Torment of our Powerlessness”: Police Violence Against Aboriginal People in Australia. Harvard International Review. https://hir.harvard.edu/police-violence-australia-aboriginals/
Events and Submissions/Topic
Quiz 1 opens - Thurs 10 August 5:00pm
Module/Topic
Chapter
Events and Submissions/Topic
Quiz 1 closes - Thurs 17 August at 5:00pm
Module/Topic
First Nations peoples and the Australian courts
Chapter
Events and Submissions/Topic
Module/Topic
Indigenous Australians and the corrections system
Chapter
Hogg, R. (2001). Penality and Modes of Regulating Indigenous Peoples in Australia. Punishment & Society 3(3), 355-379. https://doi-org.ezproxy.cqu.edu.au/10.1177/1462474501003003002
Royal Commission into Aboriginal Deaths in Custody (1991). Chapter 1: Overview. http://www.austlii.edu.au/au/other/IndigLRes/rciadic/national/vol1/
Williams, M. (2021, May 20). Comprehensive Indigenous Healthcare in Prisons Requires Federal Funding of Community-Controlled Services. The Conversation. https://theconversation.com/comprehensive-indigenous-health-care-in-prisons-requires-federal-funding-of-community-controlled-services-158131
Events and Submissions/Topic
Module/Topic
Indigenous child welfare and youth justice in Australia
Chapter
Human Rights and Equal Opportunity Commission (1997). Chapter 2: National Overview. Bringing Them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. https://humanrights.gov.au/our-work/bringing-them-home-chapter-2
Nogrady, B. (2019, June 25). Trauma of Australia’s Indigenous ‘Stolen Generations’ is still affecting children today. Nature. http://dx.doi.org.ezproxy.cqu.edu.au/10.1038/d41586-019-01948-3
Wild, R. & Anderson, P. (2007). Overview. Ampe Akelyernemane Meke Mekarle ‘Little Children are Sacred’: Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, pp. 12-18. https://humanrights.gov.au/sites/default/files/57.4%20%E2%80%9CLittle%20Children%20are%20Sacred%E2%80%9D%20report.pdf
Beresford, Q. (2012). Crime, Justice and Aboriginal Youth. In Beresford, Q., Partington, G. & Gower, G. (Eds.) Reform and Resistance in Aboriginal Education: The Australian Experience. UWA Publishing, Perth, pp. 235-260. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=1962985&ppg=244
Healey, J. (Ed.) (2019). Chapter 3: Indigenous Youth Detention. In Healey, J. Indigenous People and Criminal Justice. Issues in Society Vol. 445, Spinney Press, pp. 38-52. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=5846447&ppg=43
Events and Submissions/Topic
Submit essay plan via email by Fri 10 September for feedback.
Module/Topic
Indigenous Australians as victims of crime
Chapter
Chen, D. (2021). Domestic Violence Responses for Incarcerated Indigenous Women in Australia and New Zealand. Indigenous Justice Clearinghouse Research Briefs. https://www.indigenousjustice.gov.au/wp-content/uploads/mp/files/publications/files/dv-responses-for-incarcerated-indigenous-women-final.pdf
Blagg, H. & Anthony, T. (2019). Carceral Feminism: Saving Indigenous Women from Indigenous Men. In Decolonising Criminology: Imagining Justice in a Postcolonial World. Palgrave Macmillan, pp. 203-234. https://ebookcentral.proquest.com/lib/cqu/reader.action?docID=5983950&ppg=218
Events and Submissions/Topic
Module/Topic
Addressing Indigenous overrepresentation in Australia
Chapter
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. https://heinonline-org.ezproxy.cqu.edu.au/HOL/Page?lname=&public=false&collection=journals&handle=hein.journals/jamcook24&men_hide=false&men_tab=toc&kind=&page=147
Schwartz, M., Brown, D. & Cunneen, C. (2017). Justice Reinvestment. Indigenous Justice Clearinghouse Research Briefs. https://www.indigenousjustice.gov.au/wp-content/uploads/mp/files/publications/files/rb21-justice-reinvestment-schwartz-et-al-2017-ijc-webv2.pdf
Events and Submissions/Topic
Module/Topic
Decolonising Criminal Justice processes and practices in Australia
Chapter
Porter, A. (2016). Decolonizing policing: Indigenous patrols, counter-policing and safety. Theoretical Criminology, 20(4), 548–565. https://doi.org/10.1177/1362480615625763
Miller, A. (2017). Neighborhood justice centers and Indigenous empowerment. Australian Indigenous Law Review, 20(1), 123–153.https://heinonline-org.ezproxy.cqu.edu.au/HOL/Page?collection=journals&handle=hein.journals/austindlr20&id=126&men_tab=srchresults
Events and Submissions/Topic
Quiz 2 opens - Thurs 28 September 5:00pm
Research Paper Due: Week 11 Friday (29 Sept 2023) 11:59 pm AEST
Module/Topic
Reflections: Applying course learnings
Chapter
Events and Submissions/Topic
Workbooks Due: Week 12 Friday (6 Oct 2023) 11:59 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
For this assessment, you will choose one of the following four issues to examine in an 1700-word research paper:
- Barriers to Accessing Justice for First Nations peoples in Australia.
- Aboriginal deaths in custody in Australia.
- Differential policing of Indigenous Australians.
- Overrepresentation of Aboriginal and Torres Strait Islander people in the Australian corrections system.
Focusing on one of these topics, you will conduct your own research and identify relevant academic sources (e.g., peer-reviewed journal articles, books, and appropriate 'grey literature'). Draw on the sources you have collected in your research on the topic to explain the following:
a) The nature of the chosen issue (600 words)
b) Why it occurs and how it is related to historical colonial practices (400 words)
c) What can be done to address it (400 words)
+ 150-word introduction & conclusion (300 words total)
__________________________________________________________________________
You should utilise key concepts, ideas and theoretical terms from the unit in your analysis of your chosen issue and present a range of perspectives/studies/articles about the chosen topic.
Provide a reference list at the end which reflects all of the sources cited in-text, using APA 7 format. This is not included in the word count. A minimum of 6 scholarly sources must be included in this list.
___________________________________________________________________
Submission:
You will submit your final essay in week 11 - Friday 29 September by 11:59pm - through the drop box available on Moodle (see 'assessment' tab).
Prior to this in week 8, there is an opportunity to submit a plan for review (ungraded) to ensure you are on the right track with your research and layout of the paper.
- Plan due: Fri 8 September (week 8)
- Final research paper due: Fri 29 September by 11:59pm (week 11)
Week 11 Friday (29 Sept 2023) 11:59 pm AEST
Submit final research paper via the drop box on Moodle
Within 2 weeks of timely submission
- Comprehension of unit concepts and theories and application of key ideas to chosen issue
- Understanding of the impact of colonialism on the experiences of Aboriginal and Torres Strait Islander peoples within the criminal justice system in Australia
- Quality of written piece (layout and paragraph structure, language/grammar/spelling etc.)
- Use of appropriate academic research and statistics to support an argument, including referencing according to APA 7 style guide.
- 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
- Communication
- Problem Solving
- Critical Thinking
- Cross Cultural Competence
2 Online Quiz(zes)
Two online quizzes will take place.
The first quiz will open after our week 5 class (Thurs 10 August 5:00pm) and assess content from weeks 1-5. it will close one week later on Thursday 17 August at 5:00pm.
The second will open after week 11 class (Thurs 28 September 5:00pm) and assess weeks 6-11. It will close one week later on 5 October at 5:00pm.
Each quiz will consist of 10 multiple choice questions each worth 1% (total of 10% per quiz = 20% overall).
Quizzes are designed to gauge your comprehension of course content and key concepts. Only content from Set Readings and Module lectures will be included in the quiz – optional/additional readings and videos will not be assessed.
Once you start the quiz, you will have 24 hours to complete it. Therefore, you need to ensure you open the quiz at least 24 hours before it is due to close in order to access it until the due time.
2
Other
Week 12 Thursday (5 Oct 2023) 5:00 pm AEST
Quiz must be started on Moodle 24-hours before the closing date in order to be finished before it closes, unless an extension has been granted.
2 weeks following submission for timely submission.
- Comprehension of set reading materials
- Application of concepts from the readings to topics in this unit
- Ability to critically evaluate propositions.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Cross Cultural Competence
3 Learning logs / diaries / Journal / log books
Throughout this unit you must complete the workbook provided to you on Moodle (see workbook template under 'assessments').
Each weekly workbook topic contains 1 question and 1 reflection for each weekly topic.
The main purpose of the workbook task is to facilitate your engagement in weekly activities, but they will also test your academic skills like writing, researching and referencing. This means they are not simply box-ticking exercises – you can fail these exercises if they are not sufficiently academic or do not meet requirements.
Attempt all of the workbook topics. Select your 3 best workbooks entries to submit, as follows:
- 3 workbooks from weeks 2-6 (worth 15%, due week 7)
- 3 workbooks from weeks 7-11 (worth 15%, due week 12)
You should aim to write 300 words for each workbook entry (150 words for each question + 150 words each reflection) = 900 words for submission one + 900 words for submission 2 = 1800 words total across both submissions.
Each workbook task must include one properly referenced academic source (APA 7 style). Cite it in-text next to your answer and then write out the full reference details at the end of your answer.
Workbooks will be assessed on the following criteria:
- Accuracy of the response to the question /5
- Depth of the response to the reflection /5
- Ability to identify and incorporate a relevant and reliable supporting source /5
Week 12 Friday (6 Oct 2023) 11:59 pm AEST
Submit the entire workbook template via the drop box on Moodle (identify your 3 chosen entries for submission on the bottom of the cover page)
2 weeks following timely submission
- Accuracy of the response to the question /5
- Depth of the response to the reflection /5
- Ability to identify and incorporate a relevant and reliable supporting source /5
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Cross Cultural Competence
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?
