HERITAGE LAW

LAW3HER

Not currently offered

Credit points: 15

Subject outline

Heritage law is intended to protect and preserve natural, cultural and historical heritage and to make it available to the community. In this subject we will consider Australian local, state and national policy and law governing protection of indigenous and post-contact heritage. We will place Australian law in its international context, both as a matter of policy and to determine the Constitutional foundation for federal regulation in this area. We will then analyse substantive national and state laws protecting indigenous heritage. Using both case study and documentary critique we will analyse whether the protections afforded by these laws comply with international obligations and provide appropriate protection for indigenous heritage. We will also consider post-contact heritage at local, state and federal level. We will use a variety of presentation media to communicate the policy reasons for protection of heritage and the potential for heritage protection to disrupt other interests and lead to conflict. We will consider the variety of policy formation, consultation and conflict resolution techniques used in this field.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Francine Rochford

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Available as Elective: No

Learning Activities: Key concept presentations setting out the law, prescribed reading, online quizzes, problem solving and advice assessments

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW1LIM and LAW2TOT or Students enrolled in other degrees must have competed at least 30 credit points in their degrees to enrol in this subject, or may enrol with permission of the subject co-ordinators

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Various

Resource Type: Book

Resource Requirement: Prescribed

Author: Various

Year: N/A

Edition/Volume: N/A

Publisher: Various

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Expert Presentations

Resource Type: Web resource

Resource Requirement: Prescribed

Author: Various

Year: N/A

Edition/Volume: N/A

Publisher: Various

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Key Concept Presentations

Resource Type: Web resource

Resource Requirement: Prescribed

Author: Francine Rochford

Year: N/A

Edition/Volume: N/A

Publisher: La Trobe

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing
COMMUNICATION - Cultural Intelligence and Global Perspective
DISCIPLINE KNOWLEDGE AND SKILLS
INQUIRY AND ANALYSIS - Creativity and Innovation
INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving
INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry
PERSONAL AND PROFESSIONAL - Adaptability and Self-Management
PERSONAL AND PROFESSIONAL - Ethical and Social Responsibility

Intended Learning Outcomes

01. Identify and discuss the common law and legislation relevant to the protection of natural, cultural and historical heritage in Australia
02. Apply relevant legal principles to a problem raised in a given fact situation
03. Compose and communicate a response to a problem in an appropriate style and tone
04. Describe, analyse and critique the policy framework for protection of natural, cultural and historical heritage in Australia, demonstrating a capacity to reflect on the interaction between natural, economic, social, political and cultural systems
05. Describe and analyse the use of heritage protection as a mechanism for fulfilling intergenerational obligations and forwarding the public good.
Subject not currently offered - Subject options not available.