LEG203 - Indigenous Peoples, Law and Society Assignment - Murdoch University

Assignment Task

Overview

The Australian Law Reform Commission notes that law reform can occur when it is identified that a law needs to be reviewed, improved or developed for various reasons including:

• there is community concern about a particular issue that needs to be addressed through the process of law reform
• recent events or legal cases have highlighted a deficiency with the law
• scientific or technological developments have made it necessary to update the law or create new laws.1

This unit explores historical reform to law and policy, critically analysing how these changes affect Indigenous Australians. You have the choice of two options for this essay, including:

• Option 1: Cashless Card Enquiry or
• Option 2: WA Heritage Protection Reform.

Option 1 - Cashless Card Enquiry

With reference to one or more topics of this unit, discuss the key factors that led up to the introduction of the cashless welfare card in Western Australia.

Your essay should refer to the passing of the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020 (WA) and its repeal in 2023 (Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022).

Provide an analysis of how these reforms uphold, or are deficient in upholding, the rule of law in the context of Aboriginal and Torres Strait Islander people. Your discussion should address relevant context such as social, legal, historical, cultural and/or economic factors that impact Indigenous people in Australia. In your discussion, you should refer to each Bill’s Explanatory Memorandums and Second Reading Speeches.

Option 2 - WA Heritage Protection Reform

With reference to one or more topics of this unit, discuss the history and application of Aboriginal heritage protection laws in Western Australia.

Your essay should refer to the Aboriginal Heritage Act 1972 and discuss the key factors that led to the drafting of the Aboriginal Cultural Heritage Bill 2021 (WA) and the passing of the Aboriginal Cultural Heritage Act 2021 (WA). Your essay should also discuss the factors leading to the restoration of the 1972 Act in 2023.

Provide an analysis of how these reforms may impact Aboriginal and Torres Strait Islander peoples’ cultural heritage. Your discussion should address relevant context such as social, legal, historical, cultural and/or economic factors that impact Indigenous people in Australia. In your discussion, you should refer to each Bill’s Explanatory Memorandum and Second Reading Speeches.

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