Using Legislation to Teach Indigenous Cultural Competence in an Introductory Law Subject

Abstract

Building the knowledge of university graduates as to Indigenous cultures, histories and contemporary social realities requires innovation in legal education. At the same time, universities are under increasing pressure to demonstrate to the legal profession how they are guiding students to develop requisite skills and knowledge in statutory interpretation. This article showcases how these dual aims may be advanced through an examination of the legislative framework that led to the Stolen Generations in NSW. These historical legislative artefacts provide the ‘hook’ to aid critical reflection on the role of the legal profession in the context of the removal of Aboriginal and Torres Strait Islander children from their families. Using legislation enables students to build a foundation in the principles of statutory interpretation that can be further developed throughout the Bachelor of Laws curriculum. This article reflects on a teaching strategy adopted in a first-year introductory law subject to advance both the embedding of Indigenous cultural competence and knowledge of the general principles of statutory interpretation. The approach is outlined, alongside an analysis of the benefits and limitations. The article emphasises the importance of recognising the strength and resilience of Aboriginal and Torres Strait Islander peoples and cultures in conjunction with an analysis of structural and historically legal forms of racial discrimination. The paper also highlights the value of meaningful consultation and collaboration with Aboriginal and Torres Strait Islander people to facilitate teaching innovation in law curriculum.

Formation of Specialists’ Legal Competence in the System of Life Long Education

“…The author provides specific criteria to be considered in the training and assessment of competencies, as well as an appropriate planning model. Gerard A.,& Gainsford A. (2018) use the foundations of legal knowledge to teach the cultural competence of indigenous peoples (Aborigines and Torres Strait Islanders) as custodians of one of the oldest cultures.…”