LAW314 Community Law and Culture: Regional, Rural, Remote and Indigenous Contemporary Issues (16)

This subject is a capstone subject in the Bachelor of Laws. It addresses the governance of communities from the context of local government and the particular legal issues relevant to regional, rural and remote Australia, especially to Indigenous communities. It covers areas such as local government powers and responsibilities, alternative dispute resolution, community dispute resolution and Indigenous law and culture. Contemporary community issues such as access to legal services, women and justice, social inclusion, and various aspects of regional, rural and remote law practice are addressed.

Availability

* Offering has a residential school. Please view following information for further details.

Session 2 (60)
Online *
Bathurst Campus
Session 3 (90)
Online *
Bathurst Campus

Continuing students should consult the SAL for current offering details: LAW314. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws students only.

Prerequisites

JST123 and LAW112 and LAW116

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to evaluate the role of the law in dealing with issues at the local government level;
  • be able to discuss critically the roles and responsibilities of local governments in regional, rural and remote Australia, together with their delegated legislation and other statutory powers;
  • be able to demonstrate an in-depth understanding of the community issues that arise regularly in a regional, rural or remote legal practice, for example, domestic violence and agricultural-based crime;
  • be able to demonstrate an understanding of the sources of community law within common law and statute, and apply that to hypothetical or real-world contextual issues;
  • be able to address critically the issues relating to legal need and access in regional, rural and remote Australia;
  • be able to demonstrate the ability to present a persuasive argument and/or to give advice based on leading precedents relating to community law;
  • be able to demonstrate an in-depth understanding of the nature of entrenched social problems evident in some regional, rural and remote communities, and the limitations of the laws ability for addressing these contemporary social issues;
  • be able to discuss critically the role of Indigenous law and culture and its relationship to the policy and legislation of the three tiers of government;
  • be able to reflect on issues of Indigenous social justice, Indigenous dispute resolution, women and the legal system, and access to justice for those living in regional, rural and remote Australia; and
  • be able to reflect critically on the role of the lawyer in regional, rural and remote Australia.

Syllabus

This subject will cover the following topics:
  • Local government law in Australia
  • The concept of a Council as a corporate entity, its charter and power
  • Community issues: domestic violence, child abuse, substance abuse, other forms of crime, poverty and divorce
  • Regional, rural and remote legal need
  • Access to legal services
  • Indigenous law and culture
  • Indigenous social justice
  • Indigenous legal services
  • Women and justice in regional, rural and remote areas
  • Community and social inclusion
  • Community law centres
  • The regional, rural and remote lawyer: Legal practice, including Pro Bono legal services
  • The regional, rural and remote lawyer: Technology and rural justice
  • The regional, rural and remote lawyer: Indigenous legal services
  • The regional, rural and remote lawyer: Vulnerable people and legal services
  • The regional, rural and remote lawyer: Dispute resolution

Residential School

This subject contains a 3 day Compulsory Residential School.

The 3-day residential school for this subject is compulsory. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.

 

The information contained in the CSU Handbook was accurate at the date of publication: January 2020. The University reserves the right to vary the information at any time without notice.

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