REVIEW OF THE MELBOURNE LAW SCHOOL'S INDIGENOUS

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REVIEW OF THE MELBOURNE LAW SCHOOL’S

INDIGENOUS STUDIES PROGRAMS

ASSOCIATE PROFESSOR MAUREEN TEHAN & PROFESSOR SHAUN EWEN

NOVEMBER 2019

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We acknowledge and pay respect to the Peoples of the Kulin nations,

to their Elders past and present and their laws and customs and

acknowledge them as the traditional owners and custodians of the

law and land on which the University and Law School stand.

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Table of Contents

ACKNOWLEDGMENTS ........................................................................................................................ 5

1. INTRODUCTION .............................................................................................................................. 6

2. RECRUITMENT AND PATHWAYS .................................................................................................... 8

JURIS DOCTOR ................................................................................................................................ 8

Prospective students’ perceptions of the Melbourne Law School/Why come to MLS ............... 9

Current entry requirements ......................................................................................................... 10

Increasing the applicant pool ....................................................................................................... 11

Pathways ...................................................................................................................................... 11

Recruitment beyond the University ............................................................................................ 12

Alternative entry pathways ......................................................................................................... 12

Scope for guaranteed pathways .................................................................................................. 13

Pre-law programs ......................................................................................................................... 15

Other alternatives to the LSAT..................................................................................................... 16

Scholarships and financial support .............................................................................................. 18

LLM AND PH D RECRUITMENT AND PATHWAYS ......................................................................... 19

CHANGING AND TELLING THE MELBOURNE LAW SCHOOL STORY ............................................. 20

Recommendations ....................................................................................................................... 21

3. STUDENT SUPPORT AND ASPIRATIONS ....................................................................................... 23

Student Support ........................................................................................................................... 23

Developing and Supporting Student Aspirations ........................................................................ 25

Recommendations ....................................................................................................................... 26

4. CURRICULUM ................................................................................................................................ 28

Inter-cultural capability ................................................................................................................ 30

Indigenous Cultural Competency for Legal Academics ............................................................... 31

Requirements for curriculum reform and inter-cultural capability ........................................... 31

Melbourne Law School Leadership .............................................................................................. 33

Administrative arrangements ...................................................................................................... 35

Recommendations: ...................................................................................................................... 35

5. RECRUITING INDIGENOUS ACADEMICS ....................................................................................... 38

Recommendations ....................................................................................................................... 40

6. SUPPORT AND COMMUNICATE RESEARCH ................................................................................. 41

Indigenous Research Centre ........................................................................................................ 42

Recommendations ....................................................................................................................... 43

7. ALUMNI ......................................................................................................................................... 44

Recommendations ....................................................................................................................... 44

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8. RELATIONSHIPS, REVENUE AND ADVANCEMENT ................................................................... 45

RECOMMENDATIONS ....................................................................................................................... 46

2. Recruitment and pathways .......................................................................................................... 46

3. Student Support and Aspirations ................................................................................................ 47

4. Curriculum .................................................................................................................................... 48

5. Recruiting Indigenous academics ................................................................................................ 50

6. Support and communicate research ........................................................................................... 50

7. Alumni ........................................................................................................................................... 51

CONSULTATIONS .............................................................................................................................. 52

BIBLIOGRAPHY .................................................................................................................................. 53

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ACKNOWLEDGMENTS

We acknowledge the time and generosity of all those who have given us the benefit of their

knowledge and experience in the development of this Report. All who we spoke with or who

assisted us with documents and resources have contributed to our knowledge and understanding of

the work of the Law School and relevant issues in legal education and research.

In particular, we thank past and present Indigenous students for their time and frankness in our

discussions. Their views have been most significant in our Recommendations.

We have benefited greatly from the work of a range of scholars whose work over many years has

reflected on the issues addressed in this report. This work is reflected in the Bibliography. We have

found the work of the Indigenous scholars involved in the Indigenous Cultural Competency for Legal

Academics Program particularly helpful.

We are very grateful to all the Law School staff who have given us considerable time and the benefit

of their experience in promoting support for Indigenous students, research, teaching and advocacy

within the Law School. Their views have greatly assisted the formulation of our Recommendations.

We could not have completed this Report without the generosity, insightful observations and

commentary of Mr Eddie Cubillo, Senior Indigenous Fellow, Melbourne Law School. His experience

and knowledge have been invaluable and we acknowledge and thank him for all his guidance and

assistance.

The Dean Professor Pip Nicholson and Deputy Dean Professor Matthew Harding were generous in

their time, providing important information and comments on drafts of our Report and responding

to some of its proposals.

We have benefited greatly from the thoughtful consultations with Professors Mark Mc Millan and

John Borrows and we thank them for generously giving us their time and insights as senior

Indigenous legal scholars. We could not have completed this report without them.

Finally we are very grateful to Professor Jacinta Ruru who reviewed our Draft Report. As a senior

Indigenous scholar, her insights and experience obtained in both her written report and our

discussions with her have contributed greatly to our thinking and our Final Report.

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1. INTRODUCTION

In February 2019 the Dean of the Melbourne Law School, Professor Pip Nicholson asked us to review

and report on aspects of the Melbourne Law School’s teaching, research and engagement programs

in relation to Indigenous peoples. In particular, we were asked to examine and report on the

following:

1. How to improve indigenous student recruitment and pathways to MLS, including the

contribution MLS might be able to make to both the BA Extend and BSc Extend and through

the undergraduate programs at UOM. It is not envisaged that MLS selection criteria are

reviewed as a part of the Project. MLS notes that it has work to do on making the accessibility

of MLS to indigenous students explicit (the availability of CSPs and scholarship support, for

example).

2. How to build a program of indigenous student support at MLS which enables our indigenous

students to thrive, while realising their diverse aspirations. I anticipate that your

recommendations will have implications for MLS’s communications to prospective students,

which need development as noted above.

3. How to seed diverse indigenous student aspirations.

4. Curriculum changes to both attract and inspire our indigenous students (and non-indigenous

students). More particularly, counsel is sought on what adaptations might be needed for the

compulsory curriculum (this may need to be a separately dealt with); elective offerings;

travelling subjects; teaching on-country; and work integrated learning.

5. How, as an institution, it might better support and communicate existing and future

indigenous legal issues-focussed research, recognising that this will form an integral part of

how MLS is perceived by prospective indigenous students and academic recruits.

6. How to engage with and benefit from its indigenous alumni.

7. How best to meet the ongoing challenge of recruiting indigenous academics.

In the course of our review we have spoken to a range of students, staff and others with knowledge

and experience in relation to Indigenous legal education, research and law. These consultations are

set out at the end of this Report. Our draft Report has been reviewed by Professor Jacinta Ruru from

the University of Otago and her comments have been incorporated into this Final Report.

Australia’s Indigenous legal systems are the oldest jurisprudential traditions in the world.

The

Mabo

judgement acknowledged the continued existence of Indigenous legal systems in Australia.

The Melbourne Law School sits and operates on the lands of the Wurundjeri people of the Kulin

Nations. Its reputation is as the leading Law School in Australia and among the best in the world. It is

an institution of Anglo-Australian law. It is a place of knowledge and legal knowledge. It is a public

institution with civic obligations.

The existences of two laws and traditions of legal thought is a framework that authorises the rights

and responsibilities of people and gives shape to their aspirations. This is true of both Aboriginal and

Anglo-Australian law and legal thought. The complex environments where these systems of law are

continually operating are both independent of each other and yet dependent on each other for

function and efficacy. How do these existences of law relate to each other – and be in relation with

each other? How do Indigenous peoples and the Melbourne Law School conduct lawful relations?

Professor William Mc Neil Introduction and Welcome to ICCLAP Worksop SCU 2019

Mabo v Queensland (No 2) (1992) 175 CLR 1

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How should the Melbourne Law School, an institution of Anglo-Australian law, respond to and meet

its obligations of conduct?

The Uluru statement from the heart embodies these propositions: “Our Aboriginal and Torres Strait

Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands,

and possessed it under our own laws and customs.” “(T)he ancestral tie between the land, or

‘mother nature’, and the Aboriginal and Torres Strait Islander peoples who were born therefrom,

remain attached thereto, and must one day return thither to be united with our ancestors. This link

is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or

extinguished and co-exists with the sovereignty of the Crown.” “With substantive constitutional

change and structural reform, we believe this ancient sovereignty can shine through as a fuller

expression of Australia’s nationhood.”

It is necessary for the Melbourne Law School as an institution of law to understand its unique place

in the context of the meeting of two laws and legal systems. This jurisprudential tradition must be

central and embedded within all the Melbourne Law School activities. It requires recognising the bi-

jural nature of law in Australia and how that should frame the way the Melbourne Law School

proceeds in renegotiating its relationship with Indigenous peoples and the fundamental change that

this requires of the Law School as an institution. Further, because of its status as the leading law

school in the nation, the Melbourne Law School has both an obligation and an opportunity to

provide leadership in legal education fora to bring about change.

The challenges in bringing about change should not be underestimated. However, the Law School, as

an institution of law, should welcome the obligations to lead change.

These are the guiding principles underpinning our consideration of issues in this report.

The University’s Reconciliation Action Plan 3 emphasises “the need to foster an environment in

which the relationship between Aboriginal and Torres Strait Islander peoples and their fellow

Australians is characterised by a deep mutual respect, leading to positive change in our nation’s

culture and capacity” (p. 5).

The Melbourne Law School Divisional Development Plan 2019 -2022 presents the Melbourne Law

School strategy, plans and targets in the context of the University’s overall strategy, goals and

targets. Each of the targets and activities in the Plan will contribute to the goal of using “research,

teaching and learning and engagement resources” to contribute to Indigenous development and

well-being and to develop the strength and depth of the relationship between Aboriginal and Torres

Strait Islander peoples and non-Indigenous Australians. We endorse the Melbourne Law School Plan

and our comments in this report are designed to develop the principles that underly the Plan and to

identify some additional matters that will expand and complement the work the Law School is

currently undertaking.

We acknowledge the work of Professor Mark McMillan, Associate Professor Shaun McVeigh and Associate

Professor Ann Genovese in the formulation of this fundamental principle.

Uluru Statement from the Heart https://www.referendumcouncil.org.au/sites/default/files/2017-

05/Uluru_Statement_From_The_Heart_0.PDF

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2. RECRUITMENT AND PATHWAYS

Attracting Indigenous students to the Melbourne Law School requires the Law School to be a place

to which Indigenous students want to come. Dr Nicole Watson puts this idea in terms of Indigenous

students “see(ing) themselves reflected in their education”.

Further, in our discussions for this

review one interviewee struggled to find a positive answer to the question: “Why would a

prospective Indigenous Law Student come to the Melbourne Law School?” Both of these

propositions emerged in various ways in our discussions and investigations and underpin our

approach in this report. Both indicate that attracting Indigenous students requires more than a

change to selection criteria.

While we address issues relating to recruitment and pathways for students into the Law School in

this part of the report, we cannot emphasise enough that this is only one part of broader issues for

attention which we have detailed elsewhere in this report. In particular, we note that retention and

completion rates are as important as student numbers admitted to any degree. This has implications

for access schemes, how assessments of student capacity are made and the provision of appropriate

academic, social and cultural support programs provided by the Law School. Care needs to be taken

to ensure that increasing student numbers by freeing up access, does not lower retention and

completion rates.

There are currently 10 Indigenous students enrolled in programs in the Law School: 8 Melbourne

Juris Doctor students, 1 Melbourne Law Masters’ student (with another commencing in 2020) and 1

Ph D student. The Law School seeks to increase these numbers and this section considers ways in

which this might be achieved.

JURIS DOCTOR

As a graduate degree the JD presents inherent difficulties and challenges for recruitment: it takes

longer to complete two degrees than combined degrees at other institutions, there is no non-degree

entry into the JD, there is a lack of flexibility in delivery of courses and course structure, it is difficult

to compete with other Law Schools in recruitment of school leavers, the Melbourne Law School has

a reputation as an elite (and elitist) institution that is seen as unwelcoming, being ‘the best’ is not an

adequate point of difference to overcome this perception.

Building an environment that is attractive to and safe for prospective Indigenous students, resolving

the seeming conflict between an elite institution and an accessible, safe and supportive one that is

welcoming and engaged with Indigenous peoples and developing a strategy to tell that story are

essential elements for increasing the number of applicants and therefore JD students. Recruitment

and pathways is one part of that strategy.

Nicole Watson, ‘Indigenous People in Legal Education: Staring into a Mirror without Reflection’ (2005) 6(8)

Indigenous Law Bulletin 4

Harry Hobbs and George Williams “The Participation of Indigenous Australians in Legal Education, 2001-18”

(2019) 42(4) University of New South Wales Law Journal (forthcoming) note the poor but improving record of

most Law Schools in relation to retention and completion although they do not make definitive findings about

the causes. In particular at p23 they note that ANU had a 100% retention rate in 2010 and “Newcastle Law

School reports a retention rate of around 90%”. Melbourne Law School has retention/completion rate of

around 80% on a very low base: Melbourne Law School Melbourne Indigenous JD Student Profile 2008-2018

(March 2018)

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There are currently 8 Indigenous JD students at the Melbourne Law School. This number is well short

of the critical mass of students necessary to build a supportive and collegial community of students

and to present the Melbourne Law School as a destination of choice for prospective Indigenous law

students and considerably less than some other Law Schools.

The number of students recruited

each year appears to be relatively static and therefore little progress is being made in increasing

Indigenous student numbers. The following University targets are noted: population parity (currently

3%) by 2050; a headcount target of 1000 indigenous students by 2030 (the Melbourne Law School

target unspecified). The Law School has adopted the population parity -3% by 2050.

There do not

appear to be interim targets in the Law School documents. Hobbs and Williams have identified the

absence of targets for Indigenous students in legal education programs as inconsistent with recent

practice

and note that only Newcastle University Law School has adopted targets which are being

met while UNSW has adopted informal targets.

The Melbourne Law School records indicate that since the JD replaced the LLB as the primary law

degree, 5 Indigenous applications were incomplete/not assessed for admission, (possibly after

discussion with Law School admissions staff). All other applicants have been offered a place in the

JD. The data suggests that these applicants met the admission requirements of an assessment of

Law Schools Admission Test (LSAT) score and results in all tertiary study, applied consistently across

all applicants either generally or after consideration of the Graduate Access Melbourne (GAM)

criteria.

This suggests that increasing the number of enrolments is primarily one of increasing the

number of suitably qualified applicants who want to study at the Melbourne Law School. To do this

the Melbourne Law School must present itself as a place to which indigenous students want to come

and where they will thrive so that retention and completion are not compromised. The following

discussion therefore is directed at increasing numbers of applicants without reducing retention and

completion rates but should not be seen in isolation from the other issues raised in this report.

Prospective students’ perceptions of the Melbourne Law School/Why come to MLS

We have not conducted direct research on this issue but have had extensive discussions with current

students and recent graduates and staff. Our comments are based on those discussions.

There are two categories of prospective Indigenous students: University of Melbourne

undergraduates and other prospective Indigenous applicants whether school leavers,

undergraduates or graduates from other institutions. The current Indigenous JD cohort includes

students from both categories.

The reputation of the Melbourne Law School has been identified as both a positive and a negative:

the Melbourne Law School is ‘the best’, ‘the top law school’ – a reason to come to the Melbourne

Law School. However, the range of comments made about the Melbourne Law School include that it

is seen as ‘a lion’s den’, has ‘a reputation for elitism’, there is ‘an issue of privilege’, there is ‘a

reluctance to tell people that I’m attending MLS’, there is too much ‘emphasis on corporate law,

‘corporate firms see it as their training ground,’ ‘the building is forbidding’.

Ibid pp15-17

Melbourne Law School Divisional Indigenous Plan 2019-2022

Such as Universities Australia 2017 targets: Harry Hobbs and George Williams “The Participation of

Indigenous Australians in Legal Education, 2001-18” (2019) 42(4) University of New South Wales Law Journal

(forthcoming) p32

ibid p33

See below for discussion of these criteria.

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On the other hand, a number of students and others have noted that once within the Melbourne

Law School the picture is somewhat different. There are some supportive staff, non-Indigenous

students are interested and engaged, some efforts are being made in relation to curriculum and

some academics are doing interesting research. It is more than just a ‘corporate training ground’ but

this is the perception from the outside. There were many comments about the positive impact of the

Wallpaper Photographic project in teaching spaces on students.

Thus the narrative from outside the Melbourne Law School as an elitist and corporate focused Law

School is not entirely accurate but it is the narrative.

It has also been suggested that the Melbourne Law School as an institution has an unresolved

tension/conflict between its high status and quest to be number one and creating an environment

that is accessible, safe and supportive (and all the other elements that entails) for Indigenous

students. We do not think that these are necessarily inconsistent but there is no overarching

narrative that binds the two together for the benefit of prospective students. Resolving this

conundrum might well enhance the Law School’s reputation.

Current entry requirements

The current requirements for admission into the Melbourne Law School JD

involve an assessment

of an applicant’s academic performance in all previous tertiary studies and Law School Admission

Test (LSAT) score and essay in order to establish an applicant’s capacity to complete the JD. Students

who demonstrate capacity to complete are offered a place (either Commonwealth Supported Place

(CSP) or fee paying) in ranked order until places are exhausted. A number of places are reserved for

suitably qualified applicants who apply through Graduate Access Melbourne (GAM).

If they have sat the LSAT, applicants can then apply through GAM if

• They are of Aboriginal or Torres Strait Islander descent; and

• identify as a person of Australian Aboriginal or Torres Strait Islander heritage and are

accepted as such by the community in which they have been or are associated.

• Indigenous status is confirmed through Murrup Barak.

• Other GAM grounds include personal difficulties and socio-economic disadvantage. Some

Indigenous students also apply under these grounds.

GAM applicants provide some information in writing in support of their GAM application, although

this is not required if the only ground for the application is their Indigenous status.

Indigenous applicants apply via GAM on the basis of their Aboriginal or Torres Strait Islander status

and sometimes include additional categories of low socio economic and/or personal difficulties, rural

background or medical/disability criteria.

GAM applicants’ capacity to complete the course is

considered in light of the LSAT score, tertiary study results and GAM factors. Over time, and with the

benefit of analyses of results and performance of students in the JD, the Law School has developed

considerable expertise in evaluating capacity to complete the course based on the predictive value

of LSAT scores and tertiary study results and consideration of the GAM factors. This is reflected in

the retention and completion rates for Indigenous students.

If offered a place in the JD, all Indigenous students are offered a CSP and a scholarship although the

quantum of scholarships varies according to the scholarship granted.

We note that there is no

https://law.unimelb.edu.au/study/jd#entry-requirements

Melbourne Law School Melbourne Indigenous JD Student Profile 2008-2018 (March 2018)

These matters are considered further below.

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information about guaranteed CSPs or Scholarship support or other support for Indigenous students

on the relevant pages of the Law School website. This is crucial information and should be rectified

when the website overall is revised. It should also form the basis of communication with Melbourne

undergraduates and prospective applicants from elsewhere.

There are also three pathways into the JD for which the LSAT is not required:

• Melbourne Chancellor’s Scholars : ATAR or equivalent of 99.90 or above with an

undergraduate degree from the University of Melbourne – results in a CSP;

• Graduate Degree Packages: ATAR or equivalent of 99.80 or above and you must

commence the JD within 18 months of completing your undergraduate degree – results in

a CSP;

• Guaranteed Fee place: ATAR or equivalent of 99.00 or above and at least a 75% weighted

average in an undergraduate degree from the University of Melbourne. These students may

sit the LSAT and apply in the usual way if they wish to be considered for a CSP.

These pathways are unlikely to assist most Indigenous applicants to gain entry without sitting the

LSAT.

Increasing the applicant pool

As indicated above, we see increasing the pool of suitably qualified applicants as a major challenge

for the Law School. Central to increasing the applicant pool is changing the face the Melbourne Law

School presents to the world in relation to Indigenous knowledges, law, people, students, curriculum

and scholarship. This requires a multi-pronged response, many elements of which are dealt with

elsewhere in this report and a number of which the Melbourne Law School already has in train.

However, there are a number of specific steps that the Melbourne Law School might consider in the

short term as well as longer term changes to the way it operates that might affect recruitment of

students. For example, our discussions revealed a sense that there are not enough Research Centres

or courses that are of interest to Indigenous students. Students said that some subjects (eg

Property) attempt to engage Indigenous Knowledges and laws but there needs to be engagement

across the board. We have addressed this issue in more detail under Curriculum.

Pathways

Many interviewees identified the need for the Melbourne Law School to increase its visibility in the

undergraduate program at the University. These suggestions include more law related subjects in

the undergraduate curriculum, greater visibility of Melbourne Law School academics in the

undergraduate program, early contact with Indigenous undergraduate students and establishing

mentor relationships between interested students, Indigenous JD students and Melbourne Law

School staff. Establishing links with the Colleges in which undergraduate students reside as well as

with Murrup Barak and the BA and BSc Extended programs might also be helpful.

Highlighting research opportunities at the Melbourne Law School and the JD including Ph D

opportunities/resources leading to employment at the Melbourne Law School is one example of a

pathway that might be developed. Similarly, information in relation to job opportunities in the

profession, Indigenous organisations or government and the support the Melbourne Law School can

provide is another. Emphasis on Alumni stories and achievements in this regard is important.

Involving Alumni and students in these activities as well as Indigenous academic staff may overtime

For example see Melbourne Law School Divisional Indigenous Plan 2019-2022

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address the problem of the Law School’s reputation as uninviting, elitist and not a place where

Indigenous students can see themselves reflected. A strategy in relation to this should be developed.

Recruitment beyond the University

Recruitment beyond the University undergraduate program is challenging. General improvements to

the website, curriculum, research and staff profile may assist here. This is really a pre-condition to

making the Melbourne Law School a place of choice for Indigenous law students. Further, expansion

of the Masters program and building relationships with Indigenous organisations may also bring the

JD to potential students’ attention. Pro-actively, in conjunction with the senior Indigenous Fellow,

the Melbourne Law School might identify target groups from outside the University of Melbourne:

for example, in Indigenous organisations, by age, geographic location, employment and devise a

strategy for recruitment including tailoring support packages for prospective students. It has also

been suggested that the Melbourne Law School needs a presence in Communities and schools,

linking with the University recruitment efforts in schools. This would provide opportunities to

explain and expand on the option of pathways to the JD degree. This work would best be undertaken

by Indigenous staff.

Alternative entry pathways

In addition to the pathways discussed above, whether via the Melbourne undergraduate program or

for applicants from outside Melbourne, it is important to explore whether alternative pathways to

the current GAM entry should be considered.

Most Law Schools in Australia provide for alternative entry for Indigenous students as a way of

increasing the number of Indigenous students’ studying of law. These programs include formal pre-

law programs such as at the University of New South Wales, a pre-law and mentoring program at

Charles Darwin University and pre-University one year study programs at the University of Adelaide

and Bond University

as well as special entry via a GAM type program or specific entry requirements

for Indigenous students. The University of Western Australia, which has an exclusively graduate law

degree, has range of criteria for Indigenous entry

. We now consider some of these options.

As an exclusively graduate degree, the JD presents specific challenges in relation to alternative entry

pathways and some of those used for undergraduate degrees may not be appropriate. The current

use of the LSAT provides a common measure against which the capacity of all applicants can be

measured (and where relevant) ranked and it appears that the experience of the Law School is that

the LSAT, together with tertiary results, provides a reasonable measure of capacity to complete the

degree. Law School Admission Council studies show that the LSAT together with the GPA is “the

most robust predictor of academic performance in the first year of law school”.

We understand

Law School data shows the LSAT (especially when combined with Tertiary results) has been a

reasonable predictor of success. The LSAT also provides a common measure of capacity where

applicants tertiary study varies across disciplines and institutions. Together these selection tools

enable selection of a similarly academically qualified cohort of students who are assessed as having

the capacity to complete the JD at the level at which it is taught. This assessment includes the

availability of academic, social and cultural support. The importance of the experienced members of

Many of these are referred to in Harry Hobbs and George Williams “The Participation of Indigenous

Australians in Legal Education, 2001-18” (2019) 42(4) University of New South Wales Law Journal (forthcoming)

pp 27-28

http://www.sis.uwa.edu.au/courses/law

Law Schools Admission Council LSAT Technical Report 16-01 March 2016

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the Selection Committee applying these criteria should not be underestimated in assembling the

student cohort.

It has been suggested both in some of our consultations and other fora in the Law School that it is

reasonable to assume the LSAT is a barrier for prospective students.

We found no empirical

evidence to support that view nor did our consultations indicate it was a widespread issue. Only one

of the current or former students we consulted indicated that the LSAT was a deterrent to studying

law at the Melbourne Law School. One student saw it as a positive – a test of their ability. We think

that some empirical data, at least from Melbourne undergraduates during their study, be obtained

prior to any decision being made in relation to use of the LSAT.

Even if the LSAT is a barrier, there may be considerable downsides to any alternative entry programs

which do not adequately compensate for the predictive value of the LSAT or the LSAT in conjunction

with tertiary results. We urge caution in any moves to remove the LSAT requirement for a number of

reasons.

The first and most important of these is how the Law School would ensure rigorous application of

proven criteria that measure capacity to complete the course successfully. What clear alternative

academic criteria can be established against which a student’s capacity to complete the JD can be

judged? Will these criteria mean additional burdens for students? If less predictive criteria are

applied then what additional support might be required, what is the nature and cost of that support

and can it be guaranteed? If selection is less predictive and supports cannot be guaranteed then

there will be an impact on retention and completion, with an even greater personal impact in terms

of accumulation of CSP debt as well as on self-esteem. In other words, it is important that the Law

School does not set up students to fail.

A further issue is whether the removal of the LSAT for

Indigenous students implies an indigenous deficit model for Indigenous students. We agree with

Ruru that the focus should be on students’ positives such as the leadership potential of Indigenous

students

but there needs to be a balance to ensure students, with the relevant support, can thrive

and succeed in the Melbourne JD. We note the usefulness of Ruru’s suggestions in relation to

developing programs for working with Indigenous students to prepare for the LSAT.

In our view, other barriers to entry identified in our report should be addressed before alternatives

to the LSAT implemented. If consideration is given to removing the LSAT requirement there should

be a thorough analysis of alternatives and their predictive value involving those with extensive

experience at Selection and the development and application of criteria for measuring capacity.

Consideration could be given to having both an LSAT and non-LSAT based entry with the latter

involving additional requirements for applicants.

We now examine some alternative pathways for consideration in the short and long term.

Scope for guaranteed pathways

There are a number of guaranteed pathways into the JD at present and a pathway for Indigenous

applicants could be added to these. This (together with better quantum, targeting and publicising of

Kirsty Gover Memorandum on IJD LSAT for Consideration by RRC 030818

See Jacinta Ruru Response to Confidential Draft of Review of Melbourne Law School’s Indigenous Studies

Program October 2019. The Law School’s experience in the LLB was that when the selection process was

varied and academic criteria became more rigorous the retention and completion rates improved. Thus, the

numbers of students were low compared to other Law Schools but the retention and completion rates were

higher.

Ruru ibid

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scholarships) may attract more interest from among the University’s undergraduates. However, we

note that retention and completion are as important as recruitment and any guaranteed pathway

would need to ensure that the criteria established provided a reasonable measure of capacity so

that retention and completion are not compromised. Otherwise the change may be

counterproductive. It is important that students have the capacity to thrive and succeed in the JD

with the support programs available to them.

In the absence of the LSAT it may be that any guaranteed pathway would require a high average in

tertiary study or a high ATAR/ENTER score either of which might not have a significant impact on the

number of successful applicants. However, consideration might be given to devising some criteria for

a guaranteed pathway for Indigenous students in these terms and linking that with performance in

tertiary study at Melbourne.

As the University of Western Australia JD has some equivalence with the Melbourne JD, we include

their entry rules for Indigenous applicants as an example. The current guaranteed entry requirement

is an ATAR equivalent of 97.

Other entry standards for Indigenous JD applicants

vary only slightly

from the main entry requirements: for example the WAM required if 65% and the GPA is 5.5

whereas the WAM and GPA for Indigenous Assured Entry is 60% and 5.0 respectively. We do not

suggest that these standards are appropriate for the Melbourne JD, rather we use them to point to

the relativity between general entry standards and Indigenous entry standards. Applying a similar

ratio to Melbourne may not necessarily result in a sizable increase in the number of Indigenous

applicants. This points to the difficulty in establishing a guaranteed pathway that varies too greatly

from the general admission requirements: how to attract an increasing number of students without

diverging too far from general admission criteria. We do note that there are other avenues identified

http://www.sis.uwa.edu.au/courses/law

To be considered for admission to this course an applicant must have—

(1)(a) a bachelor's degree, or an equivalent qualification, as recognised by UWA;

and;

(b) the equivalent of a UWA weighted average mark (WAM) of at least 65 per cent; or

the equivalent of a UWA grade point average (GPA) of at least 5.5*.

(2) To be considered for admission to this course an indigenous applicant must have—

(a) met the general admission requirements under 4.(1);

(b)

(i)a bachelor's degree via the UWA Indigenous Assured Entry Pathway; and

(ii)the equivalent of a UWA weighted average mark (WAM) of at least 60 per cent; or

(iii)The equivalent of a UWA grade point average (GPA) of at least 5.0*;

(c)

(i) an Advanced Diploma in Indigenous Legal Studies of this University; and

(ii) the equivalent of a UWA weighted average mark (WAM) of at least 65 per cent;

(d)

(i)a bachelor's degree, or an equivalent qualification, as recognised by UWA; and

(ii) a School of Indigenous Studies Law Admission Test score.

https://www.uwa.edu.au/study/courses/juris-doctor#admission-requirements

15 | Page

at UWA but these require specific programs at the undergraduate level and or testing.

We consider

these below.

We foresee difficulty in developing appropriate criteria for both a guaranteed pathway and

minimum tertiary study standards which might provide an alternative to the LSAT although it is not

impossible. Again, the problem may be that the level of achievement in tertiary study would be set

so high that it would not result in an increase in applicants. These are matters of detail for the Law

School to consider if it is to pursue this pathway.

We do not preclude further work being undertaken by the Law School on what might be an

appropriate guaranteed pathway or alternatives to the LSAT.

Pre-law programs

Pre-law programs are often seen as an alternative pathway into a law degree. These take many

forms. The UNSW program

is the most well known in Australia. The Native Law Centre at the

University of Saskatchewan in Canada

has also had a program for many years.

The UNSW program is a four-week intensive program for both school leavers and mature aged

potential applicants for law. It both tests students for suitability for law and prepares them for the

study program once they commence the degree. Success in the program together with some other

factors will determine whether or not a student is offered a place. UNSW also runs a ‘one week

residential program’ called the Winter School Outreach Program for high school students from years

10-12.

Feedback on these courses is positive both in the way they prepare students for the

sometimes alien environment of the law classroom and also as a means of building bonds among

indigenous students. Research shows that 30% of the Indigenous intake into the LLB have

participated in the Winter Program.

Another example is Charles Darwin’s Indigenous Pre-Law and

Mentoring program which involves prospective students in Court visits, oral presentations and

debates and based on performance, students are offered places.

The Native Law Centre program is recognised by most Canadian law schools. It is not an alternative

to the LSAT which almost all Canadian Law Schools

use but is complementary to it. It will

sometimes be used to determine whether to offer a place, be a condition for an offer, or be

encouraged because of its positive impact in preparing students for law school and also building

The SIS Law Admission Test: Indigenous students with an undergraduate degree will be required to undertake the

following for admission into the post-graduate Juris Doctor.

1. A test that assesses potential Students’ abilities to problem solve and analyse a case

2. An evaluation of the applicant's academic transcript from their undergraduate degree. Applicants are require d to

have a GPA of 5

3. An interview with SIS’s Testing Panel comprising academic and Student Services Staff

4. An evaluation of the applicant’s Curriculum Vitae, which includes professional, community and academic

achievement

http://www.sis.uwa.edu.au/courses/law

https://www.handbook.unsw.edu.au/undergraduate/courses/2019/ATSI7002/

https://www.usask.ca/plsnp/

Harry Hobbs and George Williams “The Participation of Indigenous Australians in Legal Education, 2001-18”

(2019) 42(4) University of New South Wales Law Journal (forthcoming) p27.

ibid

Ibid p28

McGill Law School does not require the LSAT because it is an English language test and the Law School is a

bilingual program.

16 | Page

relationships. It is an eight-week intensive Property law course that incorporates a range of skills

training, introduction to law as well as substantive comparative and First Nations property law. It will

generally be recognised as fulfilling the Property Law requirement in the relevant law degree. As all

Universities only offer a graduate law degree it is appropriate for students from a variety of

Universities to participate in the course. This is not the case in Australia where most law degrees are

undergraduate degrees and the Pre-Law programs are primarily directed at those courses.

While these programs are attractive, the Melbourne Law School would need to consider a range of

issues before embarking on use of existing pre law courses including: whether any of the existing

programs are appropriate for the Melbourne Law School JD applicants, particularly given that the

UNSW course and other Universities’ programs are primarily aimed at first year University students

(whether school leavers or mature aged students) rather than graduates. The regulatory

requirement for Master level subjects in the JD may prevent participation in any of the Australian

programs for credit. The reliability of any of the existing programs as a predicter of success at the

post-graduate level would need to be tested. Consideration would need to be given to the

cost/benefit ratio in the Law School developing its own course. The impact on requiring students to

take on additional pre Legal Method and Reasoning study or the impact on students not

participating in the broader LMR classes would need to be considered.

The availability of some orientation to what has been described by one student as the ‘annihilating

discourse’ of western law and the law school experience should be considered but separated from

entry requirements. Care needs to be taken about imposing additional burdens on Indigenous

students. Finding that balance is difficult. Some adaptation of LMR might be helpful for students in

building relationships with other Indigenous first year JD students and this could be considered as

part of the curriculum review including the possibility of a compulsory Indigenous law/legal

traditions subject. Care needs to be taken not to add to the academic or time burden on Indigenous

students. We do not consider that this should be an alternative entry pathway.

Other alternatives to the LSAT

We referred earlier to the UWA alternative entry provisions, particularly its guaranteed entry rules.

We also referred to the alternative discretionary scheme operated through the School of Indigenous

Studies. This essentially has four parts – an aptitude test, evaluation of the applicant’s academic

transcript, requiring a GPA of 5, an evaluation of the applicant’s CV and an interview.

It is not clear

how rigorous the test is, how the interview is conducted, what information it is designed to elicit or

against what criteria it is to be assessed. We do not have data about the predictive impact of this

entry pathway. Investigation of this pathway might be useful both as a predictor of success as well as

the mechanics of implementation. We stress again that it is important to call on the experience of

staff in selection when assessing these alternatives.

The SIS Law Admission Test: Indigenous students with an undergraduate degree will be required to undertake the

following for admission into the post-graduate Juris Doctor.

1. A test that assesses potential Students’ abilities to problem solve and analyse a case

2. An evaluation of the applicant's academic transcript from their undergraduate degree. Applicants are required to

have a GPA of 5

3. An interview with SIS’s Testing Panel comprising academic and Student Services Staff

4. An evaluation of the applicant’s Curriculum Vitae, which includes professional, community and academic

achievement

http://www.sis.uwa.edu.au/courses/law

17 | Page

We note that almost all Canadian Law Schools require the LSAT to be completed

and then each

Law School has its own program for selecting First Nation students in which the LSAT plays a role. As

indicated above, a number of these involve use of the Pre-Law program. Assessments are normally

done on the documents and may take into account a range of factors. Osgoode Hall Law School and

Dalhousie University Schulich School of Law provide two different examples. Osgoode takes

community service and experience into account when assessing applications on the basis of an

applicant’s capacity to complete the course.

This is similar to the method of most Law Schools.

Dalhousie takes a different approach and may use interviews but it is not the norm.

They reserve a

number of places in their program for Mi’kmaq and offer a four week pre-law program prior to the

commencement of the academic year and may require participation in the Native Law Centre Pre-

law program.

We present these two examples to assist in developing thinking around any changes. As indicated

above, the LSAT remains as one of the selection tools for almost all Canadian Law Schools.

We note the application process for Indigenous applicants for the MD at Melbourne has recently

been changed to remove GAMSAT and to include an interview. It is unclear whether the interview

also replaces the MMI (Multiple Mini Interview) that is part of the overall selection process and

assesses a range of attributes not covered in the GAMSAT. The interview is conducted by Professor

Sandra Eades (Associate Dean (Indigenous) MDHS) and Professor Steve Trumble (Head of

Department of Medical Education). There are 6 Indigenous first year students in 2019 and 7

expected in 2020. We have sought information about the conduct and impact of this changed

process but have not received the information at the time of writing. The following information

would be useful in assessing the impacts of removal of the GAMSAT in terms of increased applicants

and the usefulness of interviews in assessing capacity:

- What is the interview directed to – for example, suitable personality, motivation, academic

background, academic capacity and how is this measured?

- What elements of the interview compensate for the absence of GAMSAT data re capacity?

- Do students participate in the Multi Mini Interview process?

- Are there any minimum academic requirements for example, H2 average in relevant tertiary

study?

- Is there any data on the academic progress of students accepted without a GAMSAT?

There are a range of other measures that MDHS has implemented that our discussions indicate may

also have contributed to the increase in student numbers including: the appointment of Ngaree

Blow as Lecturer in Aboriginal and Torres Strait Islander Health, allocated Indigenous student

support officer role in the faculty (Kim Stevenson’s Team), presenting to students during MB

Tuesday lunches, MDHS students receiving $500 bursary at the start of the year (before census) to

help financial strain, MDHS Indigenous website/landing page and scholarship opportunities to attend

McGill Law School does not require the LSAT because it is an English language test and the Law School is a

bilingual program.

“Students wishing to be reviewed as an Indigenous candidate must provide documentation that corroborates their

identification and connection with their Indigenous community. More specifically, documentation corroborating service,

involvement, or leadership within their community, on Indigenous issues, or within Indigenous circles, will be strongly

considered during the review of their file. In our experience, those markers of solidarity and ability to be supportive of

others within their community correlate with academic and extracurricular success in law school. The committee’s decision

to admit a candidate ultimately depends on its judgment of the candidate’s ability to successfully complete law school. The

Admissions Committee strongly endorses the Native Law Centre Summer Program at the University of Saskatchewan prior

to entering the Law School.” https://www.lsac.org/choosing-law-school/find-law-school/canadian-law-schools/osgoode-

hall-law-school

https://www.lsac.org/choosing-law-school/find-law-school/canadian-law-schools/dalhousie-university

18 | Page

Autralian Indigenous Doctor’s Association (AIDA) conference. It has been suggested that it is the

package rather than any one thing that has lead to the increase in student numbers and there is yet

to be data on academic progress.

In relation to predictors of success in medical schools in Australia a recent longitudinal study

confirmed the value of using multiple tools and concluded that “GPA remains an important

performance predictor across the curriculum whereas GAMSAT is predictive in the early (pre-clinical)

years, and a semi-structured panel interview is predictive in the later (clinical) years”.

We note

that this appears to be consistent with the LSAC Report on predictive value referred to above.

Use of interviews as a selection tool is not universally supported. The key question is how any

interview is designed to inform the selection process and whether it has any predictive value, that is,

can it be used as a predictor in place of the LSAT and how can an interview displace any assumptions

about capacity based on a tertiary study record absent an aptitude test such as the LSAT?

As indicated above, we do not preclude any of these developments but urge caution in replacing the

current criteria in the absence of empirical data in relation to the barriers presented by the LSAT and

the effectiveness of any alternative in predicting capacity to successfully completing the JD.

Scholarships and financial support

The current scholarship program provides important support for students. Scholarship sources

include specific Indigenous scholarships, GAMS scholarships and general University scholarships.

Students can also access funding throughout their courses for specific activities such as international

exchanges.

It seems that all students have some support although the quantum varies from student to student.

All Indigenous students receive a CSP place. Scholarship support should be for the life of the course

and this should be known and clear from commencement. Additional support may be needed for

students undertaking unpaid clerkships or internships as the time spent on these eats into their

capacity to undertake paid work.

The Law School should aim to fund every student to attend the National Indigenous Legal

Conference at least once. Therefore the Law School may need to raise additional funds to support

travel, exchanges, clerkships and internships. Further fund raising for scholarships and related

funding may be necessary, especially if student numbers increase.

Recent issues in relation to the timing of scholarship payments have been addressed so that

payments commence in January. This should become regular practice. It seems that not all

scholarship holders benefitted from this change in policy, suggesting that administrative details

require better oversight.

Perhaps the most important aspect of scholarships here is that their availability needs to be well

publicised and used directly as part of recruitment. At least they should be included on the website

so that prospective students know there will be financial support. There should be capacity to

create specific financial packages as a way of attracting prospective students. If student numbers

grow it will be necessary to attract more financial support for students. This should be an on-going

part of the Indigenous strategy.

The Law School has at least some of these other measures in place.

Sladek, R.M., Bond, M.J., Frost, L.K. et al. Predicting success in medical school: a longitudinal study of

common Australian student selection tools. BMC Med Educ 16, 187 (2016).

19 | Page

LLM AND PH D RECRUITMENT AND PATHWAYS

Hobbs and Williams have noted the low numbers of Indigenous students engaged in Masters or Ph D

programs across almost all institutions (the exceptions being ANU and QUT).

Our discussions have indicated that recruitment at all levels is affected by the presence or otherwise

of leading Indigenous scholars and mentors at various institutions/law schools. Therefore, in

addition to recruitment of Indigenous academics, the Melbourne Law School needs to develop other

strategies for recruitment of LLM and Ph D students.

Ph D recruitment and pathways are considered elsewhere but they are relevant here because

establishing pathways to doctoral study for prospective JD students has been identified by

interviewees as an important aspect of recruiting JD students from the University’s undergraduates

and honours students.

Efforts should be made to ensure that any prospective higher degree students in the JD cohort are

encouraged and supported to embark on these programs. Pathways for Doctoral studies and

academic careers for Indigenous law graduates should be identified and negotiated with flexibility.

The Melbourne Law School should join with University/other Faculty events for potential doctoral

students to ensure that they are seen as a potential location for doctoral studies. In particular, as

indicated in the 2019-2022 Plan, the Melbourne Law School should continue to partner with the

Poche Centre on information and familiarisation programs around Masters and Ph Ds.

Efforts should be made to build relationships with Indigenous organisations locally and elsewhere

and to recruit and support mature aged professionals from those Indigenous organisations for

specific LLM subjects and provide financial support for study. These links might also create

opportunities to join with other Faculties, especially Medicine, in designing specific cross disciplinary

Masters subjects.

The Law School could work with other parts of the University to develop continuing professional

development and on-site delivery of courses for Indigenous organisations in law related areas across

the organisations core work such as child welfare or health. This might also be offered to a broader

audience. We note that UBC Law School offers a certificate in cultural competency and this could be

explored as a jointly offered professional certificate once further work has been done with the

community on curriculum.

The creation of the Indigenous Knowledge Institute

at the University

(to commence operation in January 2020) may provide the site for collaborations in this area

including executive education, among other activities.

In relation to Melbourne Law Masters the Law School might consider a number of initiatives to

attract students. These might include some of the following. If permitted, offer Commonwealth

Harry Hobbs and George Williams “The Participation of Indigenous Australians in Legal Education, 2001-18”

(2019) 42(4) University of New South Wales Law Journal (forthcoming) pp2, 15

http://www.allard.ubc.ca/indigenous-legal-studies-program/indigenous-cultural-competency-certificate

Duncan Maskell Garma Speech August 2019 https://about.unimelb.edu.au/leadership/vice-

chancellor/speeches/garma-speech; The University of Melbourne University launches global Indigenous

Knowledge Institute https://www.alumni.unimelb.edu.au/news/university-launches-global-indigenous-

knowledge-institute

20 | Page

Supported Places for Masters’ courses or single subjects; if this is not possible and in addition

develop a financial strategy that allows significant or full fee remission for Masters’ courses or single

subjects for Indigenous students; enable graduate diplomas for those with and without a law

degree; develop course rules that provide greater flexibility for participation of students without a

Law degree; develop more exit points for single and multiple subject enrolments. Creating more

flexibility may increase the pool of applicants and facilitate joint courses with other Faculties.

CHANGING AND TELLING THE MELBOURNE LAW SCHOOL STORY

Our consultations suggest that the Melbourne Law School has a number of staff, curriculum,

research and related activities occurring but little or none of these are known beyond the

Melbourne Law School. In addition to changes recommended in this report, there is a need to

better tell the whole Melbourne Law School story. This is particularly so in relation to recruitment

for the JD as the Melbourne Law School works to change the external perception of its activities and

reputation.

Therefore, the Melbourne Law School needs to develop a communication strategy around the

Melbourne Law School as a place of choice for Indigenous students. The strategy should be

developed in consultation with Indigenous scholars, students and communities and include a greater

focus on research by and with Indigenous researchers and communities and better publicise this

work. Further it should seek to Increase the presence of Indigenous people, law and activities in the

Law Building through Indigenous related events and publicising these across the Indigenous

undergraduate student cohort and in the community. We note the importance of Indigenous

academic staff in this regard but consider that a better aggregation of and publicity about research

and other activities in the Law School is important nonetheless.

Increasing the Melbourne Law School visibility with undergraduate students might include targeting

undergraduate students with tailored events around law; developing greater law offerings in the

undergraduate program that give visibility of law academics and bring students into the Law

building. As the curriculum process develops publicise both the process of curriculum development,

content and teaching incorporating Indigenous knowledges and law, Indigenous perspectives and

Indigenous critiques of law.

Consideration should be given to establishing a dedicated role/s for recruitment encompassing

relationships with Murrup Barak, undergraduate and pathways programs, work with communities,

publicity, LSAT support, linking the Melbourne Law School activities with prospective students and

undergraduates, organising events to bring prospective students into the Law building, involving

Alumni in these activities and working with the University in recruitment at the school level.

There should be a dedicated webpage for Indigenous student recruitment with information about

entry, CSPs, scholarships, support and specific programs for Indigenous law students such as

mentoring, internships, community based legal work, as well as information about Indigenous

related research and other activities in the Law School, the Visiting Indigenous Scholars program and

relationships with Indigenous scholars and research in other Universities.

Other initiatives suggested in this regard, particularly by Ruru, include doing more with Indigenous

language and perhaps explore the possibility of giving the Law School building a Wurundjeri name;

developing ways to value Indigenous students’ connections and knowledge for example by

developing relationships with students’ and prospective students’ families. Each of these are

examples of Indigenous students being welcomed and supported by the Law School.

21 | Page

The capacity for any of these steps to increase numbers of applicants/students will depend on the

range of other issues that are referred to in this report that will make the Melbourne Law School a

place to which Indigenous students want to come.

Recommendations

Juris Doctor

As a graduate law degree the JD poses some specific limitations and challenges for recruitment as do

some of the structural institutional issues referred to elsewhere in these recommendations.

However, there are a number of initiatives that might increase the pool of possible applicants.

Changes should focus on making the Melbourne Law School a place of choice for prospective

Indigenous law students

2.1 Develop a strategy for publicising what makes the Melbourne Law School a place for

Indigenous students

2.2 Better publicise the work by and with Indigenous researchers and communities including

policy and scholarly work

2.3 Identify pathways for prospective JD students to employment or to research/academic career

paths

2.4 Establish an Indigenous Law and Research Centre as focus (see Research recommendations)

2.5 Increase Melbourne Law School visibility with undergraduate students:

- target undergraduate students with tailored events around law

- increase the presence of Indigenous people, law and activities in the Law Building through

Indigenous related events and publicising these across the Indigenous undergraduate

student cohort and in the community

- develop greater law offerings in the undergraduate program that give visibility of law

academics and bring students into the Law building

- be involved in schools and the community where student recruitment is discussed. We

note the need and importance for Indigenous staff to undertake these tasks

- engage with Indigenous students at Colleges and in the BA and BSc Extension programs

and build relationships with Murrup Barak

2.6 Identify target groups from outside the University of Melbourne: for example in Indigenous

organisations, by age, geographic location, employment and devise a strategy for tailoring

support packages to attract prospective students

2.7 Develop the Scholarship program (including quantum and administration) so that

- the value of scholarships increase to at least $10,000 per annum for all students

- that funds flow from January – ensuring that this occurs for all students and is managed

so that there are no unintended consequences for other income support sources

- Scholarship support is for the life of the course and this should be known and clear from

commencement.

- additional funding is sourced for students to support travel, exchanges, clerkships and

internships.

- aim to fund every student to attend the National Indigenous Legal Conference at least

once.

- further fund raising for scholarships may be necessary, especially if student numbers

increase

- publicise the availability of scholarship support and CSP places on the Law School JD

recruitment website

22 | Page

2.8 As the curriculum process develops publicise both the process of curriculum development,

content and teaching incorporating Indigenous knowledges and law, Indigenous perspectives

and critiques of law

2.9 Identify pathways for Doctoral studies and academic careers for Indigenous law graduates

2.10 Develop Alumni relationship with biographies and experiences of the Melbourne Law School

2.11 Create a dedicated webpage for Indigenous student recruitment with information about

entry, scholarships, support and specific programs for Indigenous law students such as

mentoring, internships, community based legal work, etc.

2.12 Consider a dedicated role/s for recruitment encompassing relationships with Murrup Barak,

undergraduate and pathways program, work with communities, publicity, LSAT support,

linking Melbourne Law School activities with prospective students and undergraduates,

organising events to bring prospective students into the Law building, involving Alumni in

these activities. We note the need and importance for Indigenous staff to undertake some or

all of these tasks.

2.13 Consider establishing a small working group to review the current selection criteria and its

impact on recruitment and explore any alternatives that might increase the number of

applicants while ensuring appropriate assessment of capacity to successfully complete the JD

so that retention and completion are not affected.

LLM and Ph D Recruitment and Pathways

2.14 Join with University/other Faculty events for potential doctoral students. In particular, as

indicated in the 2019-2022 Plan, continue to partner with the Poche Centre on information

and familiarisation programs

2.15 Recruit and support mature aged professionals for specific LLM courses and provide financial

support for study

2.16 Consider joining with other Faculties, especially Medicine, in designing specific cross

disciplinary Masters subjects.

2.17 Explore continuing professional development and on-site delivery of courses for Indigenous

organisations.

2.18 In relation to Melbourne Law Masters:

- if permitted, offer Commonwealth Supported Places for Masters’ courses or single

subjects;

- develop a financial strategy that allows significant or full fee remission for Masters’ courses

or single subjects for Indigenous students;

- enable graduate diplomas for those with and without a law degree;

- develop course rules that provide greater flexibility for participation of students without a

law degree; develop more exit points for single and multiple subject enrolments; and

develop joint subjects with other Faculties aimed at Indigenous students.

2.19 See also the Recommendations under Research and Staff Recruitment

23 | Page

3. STUDENT SUPPORT AND ASPIRATIONS

There are many factors that combine to ensure indigenous students’ successful completion of their

JD. Supporting students culturally, personally and academically as well as developing aspirations,

experiences and career opportunities are crucial to enabling successful completion of the JD.

Hobbs and Williams have recently surveyed Australian Law Schools and identify the range and

variety of support programs that Law Schools provide ranging from dedicated Indigenous support

officers to mentoring programs with the profession.

The Indigenous Cultural Competency for

Legal Academics Program (ICCLAP)

has also surveyed law Schools and conducted a range of

workshops exploring ideas around support for Indigenous students. Details of their work is

considered elsewhere in this Report. While each Law School is different and requires support that is

tailored to the institution and the particular Indigenous student cohort, the work undertaken by

other Law Schools both in Australia and elsewhere should be a fruitful source of ideas in this area.

The key issue for the Melbourne Law School is how to construct the support relationship, identifying

what is required to create a safe cultural space, the different kinds of support needed and how to

provide it. Crucial areas of support include financial, (dealt with elsewhere) aspirational, pastoral,

academic and cultural support.

Student Support

For the past 4 years the Indigenous Studies Community Project has provided the guide for support.

While there were changes in 2019, aspects of the Project remained the guide, particularly for the

Academic skills unit. This project’s objectives, structure and activities cover many of the elements

necessary for adequate support for Indigenous students identified elsewhere: structured academic

support through the Legal Skills Unit, mechanisms that help build a sense of community among

Indigenous JD students including mentoring of early year students, links into support and well-being

services, assistance with paid work opportunities as well career related activities such as work

placements. Many aspects of the project were positively commented upon by students, including

the availability of paid research work, bringing students together, working with Murrup Barak on

ITAS tutors. The success of the program as currently configured required/s a designated position to

undertake a variety of the tasks. That position was not in place in 2019. The Senior Indigenous

Fellow position is not one that can take on all the tasks although the Senior Fellow currently

undertakes some of the them informally, particularly through events and links with communities and

the profession. The various elements of the project provide a basis for building support for students

across a variety of activities although it might be organised differently.

While we encountered a range of views there seemed to be a generally held view that pastoral and

personal support and academic skills should be separated. This is partially the pattern in 2019. The

Early Academic Guidance for Legal Education (EAGLE) has continued its work with JD students and is

seen as very helpful. Suggestions have been made that there might be an effort to encourage

Indigenous JD students to become tutors as a way of building the group through the EAGLE program.

There is a need to ensure that students access these opportunities and do not fall through the

cracks, but support offered is viewed very favourably.

We note that the role Assistant Dean (Teaching and Learning) is important in a number of ways. This

is a role that manages teaching and learning issues in the JD. We also note the recent creation of

Harry Hobbs and George Williams “The Participation of Indigenous Australians in Legal Education, 2001-18”

(2019) 42(4) University of New South Wales Law Journal (forthcoming) pp28-29.

Marcelle Burns, Anita Lee Hong and Asmi Wood Indigenous Cultural Competency for Legal Academics

Program: Final Report 2019 (Australian Government Department of Education and Training)

24 | Page

the role of Associate Dean (Indigenous Recognition). This is a senior role that covers all Indigenous

related programs within the Law School, including but not limited to support for Indigenous JD

students.

Our discussions indicated that having a person of some seniority to manage student relationships

with Murrup Barak and others is valuable. It is also seen as important to have a senior person

involved in some well-being matters and able to make decisions beyond the usual range. We note

that the Assistant Dean has the role of managing academic issues such as early contact with new

students, course planning and the academic program more broadly. This includes organising ITAS

tutors with Murrup Barak. It is unclear who has responsibility for putting students in the same

subject streams where appropriate. It is also unclear how the Assistant Dean’s academic related

work fits with enrichment, the integrated learning team and extra-curricular activities for students.

The Assistant Dean has also taken on some well-being tasks at least as the first point of call, referring

students to relevant people and services.

Anything that brings the student group together is seen as very positive, especially integrating

students into the group from the start of their course. This might require particular attention in the

early weeks of semester (unless there is some sort of pre-law initiative). Efforts should be made to

hold regular events with students/alumni/staff throughout the semester. Students indicated that the

availability of a dedicated space would be very helpful. It would provide a place for the group to

meet and also a safe place while in the law building. Consideration would need to be given to

whether this is primarily a social or study place and this may vary as the student cohort changes.

Putting students in the same subject stream was viewed very positively, although it was pointed out

that not all students may want this. Other comments relating to support and student success

included: lack of flexibility in course arrangements, inability to undertake Comparative Indigenous

Rights because of the lack of recording of other classes, lack of information about ITAS tutors for

electives, not all scholarship holders received early release of funds, need for a single person to deal

with Faculty issues such as extensions, perhaps a need for a dedicated person to deal with pastoral

issues. At QUT for example there is a dedicated Indigenous staff member who deals with all pastoral

issues as well as assisting with recruitment. We note that the relevant QUT Faculty is much larger

than the Melbourne Law School and this may not be possible for the Melbourne Law School. Some

variations of this approach are included in Hobbs and Williams.

Some of these and other comments and complaints go to the need for a co-ordinating framework.

Some of this co-ordination should sit with the Associate Dean (Indigenous Recognition) and some

with the Assistant Dean. It is important that these two roles have clearly delineated tasks and their

activities are coordinated. If there is adequate co-ordination the tasks can be readily undertaken by

a range of people. The role of the relevant course Director also needs to be integrated here. There

needs to be some clear information about the various roles that people play so that in the absence

of a single point of contact students are clear about where to go. We don’t see the Associate Dean as

that person as that role should be more an overseeing and co-ordinating role that drives policy and

programs rather than as a student contact point. A number of people commented on the

importance of relationships between students and more senior staff and this should also be a factor

in designing support mechanisms. The model in Medicine has been mentioned where Professor

Sandra Eades is a very senior person who is supported by well qualified more junior Indigenous staff

to work in support, recruitment and related areas as well as Indigenous related scholarship. This

involves a commitment to building the Indigenous workforce, both Academic and professional, and

should be examined as part of the development of the strategy for Indigenous employment.

Harry Hobbs and George Williams “The Participation of Indigenous Australians in Legal Education, 2001-18”

(2019) 42(4) University of New South Wales Law Journal (forthcoming) pp28-29.

25 | Page

On-going links with Murrup Barak should be maintained and a designated person have responsibility

for this relationship. This would encompass ITAS tutoring already undertaken by the Assistant Dean

but also include more frequent engagement particularly in relation to recruitment. Students could

also play a role in this. In the short term the relationship could be coordinated across the Associate

Dean, the Assistant Dean and the Senior Indigenous Fellow.

While recognising that students will have varying interests and aspirations a number of areas for

improvement have been identified including mentoring, more alternatives to corporate clerkships as

well as problems associated with the lack of payment for clerkships. Expanding community and

profession links, especially through an Alumni network might address some of these issues.

The elements of adequate support are in place but require better and clearer coordination centred

on contact and relationships with students. In the longer term consideration should be given to

employing an Indigenous person to be involved in support, planning, and recruitment. Any dedicated

position/s need to be backed by clear job descriptions and delineation of responsibilities.

Developing and Supporting Student Aspirations

Students have varied aspirations, interests and needs. Not all students want to be practising lawyers

and the range of strategies to seed and support students’ aspirations need to take account of this.

However there are general activities that can support and develop aspirations across interests by

creating environments in which students can explore the range of possibilities and develop clearer

career pathways. The Senior Indigenous Fellow has been engaged in work in this area and should be

supported in this work.

A program should be developed that encourages greater engagement with recent graduates, both

indigenous and non-indigenous. This might take a number of forms including informal events such as

lunches or dinners, more formal workshops on current issues, developing a mentoring program with

recent graduates as well as more senior lawyers (both Indigenous and non-Indigenous) and opening

up pathways into legal and non-legal organisations as well as research opportunities. This might

include specific mentoring or practice-based work with law firms undertaking legal work for

Indigenous groups and communities. (See Section 8)

Encouraging Alumni to be involved with students as well as other activities at the Melbourne Law

School will also develop familiarity with career options as well as provide support and mentorship.

(See Section 7)

While involvement with Tawirri should be encouraged and supported, some students have

suggested that Tawirri is a little distant from them. Involvement will be useful for some students.

Students have identified the availability of research work as Research Assistants as important for a

number of reasons. This provides an income in a flexible environment which can be adjusted to fit

with the demands of their study. It can also help to develop students’ interests in research and

particular subject matter. In some circumstances this could be a pathway to higher degree study and

possibly employment. Involving students in the proposed research centre would be important.

Community building, not just among students but involving Alumni whether practising lawyers or

involved in other work and Indigenous legal scholars can have a range of benefits including

developing aspirations and clarifying career pathways. More interconnectedness between the

Melbourne Law School and other institutions in New Zealand, Canada and even other Australian

Universities is important. We would see developing links with Indigenous legal institutions and

scholars elsewhere as an important aspect of aspiration building. For example, encouraging and

26 | Page

possibly funding visits by students to other jurisdictions and also bringing students and lawyers and

legal scholars from elsewhere might be an important element of this work. One example of such a

program is the Indigenous Cultural program run by Jumbunna at UTS to New Zealand.

Recommendations

3.1 Retain the substance of the objectives, structure and activities of the Indigenous Studies

Community Project

3.2 Continue to provide structured academic support through the Legal Skills Unit, perhaps

developing later year students as tutors and learning community leaders

3.3 Develop mechanisms that build a sense of community among Indigenous JD students including

mentoring of early year students, links into support and well-being services, assistance with

paid work opportunities as well as career related activities such as work placements including

the availability of paid research work

3.4 Pastoral and personal support and academic skills should be separated.

3.5 Use the Assistant Dean as a senior person to manage relationships with Murrup Barak,

academic and professional staff on matters relating to Indigenous students but also consider

coordinating and coordinated roles for the Associate Dean and Senior Indigenous Fellow.

3.6 The Assistant Dean to continue as the first contact on well-being until a further appointment is

made.

3.7 The Assistant Dean should continue to manage academic issues such as early contact with new

students, course planning, organising ITAS tutors with Murrup Barak ensure that attention is

given to putting students in the same/suitable subject streams where appropriate.

3.8 Clarify the roles of the Assistant Dean, Associate Dean and Senior Indigenous Fellow in relation

to enrichment, the integrated learning team and extra-curricular activities for students.

3.9 Develop activities that bring the student group together especially integrating students into the

group from the start of their course but also including

- holding regular events with students/alumni/staff throughout the semester

- providing a dedicated space in the building for students

- ensuring flexibility in both course planning and management of student needs eg class

recordings as required

- ensuring adequate dissemination of information

3.10 Develop a co-ordinating framework for tasks involving the Associate Dean, the Assistant Dean

and the Senior Indigenous Fellow and the JD Course Directors across all Law School activities

3.11 Work towards building the Indigenous workforce along the model in Medicine led by Professor

Sandra Eades supported by well qualified more junior Indigenous professional (and academic)

staff to work in support, recruitment and related areas.

3.12 Develop and manage on-going links with Murrup Barak

3.13 Develop specific mentoring program, more alternatives to corporate clerkships, consider a

scheme for payment for clerkships, expanding community and profession links, especially

through an Alumni network and links with legal firms undertaking work for Indigenous

Communities.

3.14 Encourage greater engagement with recent graduates, both indigenous and non-indigenous

including informal events such as lunches or dinners, workshops, a mentoring program with

recent graduates as well as more senior lawyers (both Indigenous and non-Indigenous) and

pathways into legal and non-legal organisations as well as research opportunities.

3.15 Encourage Alumni to be involved with students as well as other activities at the Law School

3.16 Develop mechanisms to ensure that students are employed as Research Assistants

3.17 Involve students in Law School initiatives such as curriculum review and ensure payment for this

work.

3.18 Encourage involvement in the Visiting Indigenous Scholar and Elder in Residence programs.

27 | Page

3.19 Encourage interconnectedness between the Melbourne Law School and other institutions in

New Zealand, Canada and other Australian Universities

28 | Page

4. CURRICULUM

“…law schools will never be level playing fields until Indigenous students can see themselves

reflected in their education.”

With this comment Dr Nicole Watson amplifies the centrality of curriculum in Indigenous students’

experience of law school.

For this reason alone the manner and form of curriculum change is the first order issue. Curriculum

content and delivery are fundamental to the Melbourne Law School meeting its obligations in

relation to Indigenous laws and achieving its stated goal of “building and supporting responsible

relations between Indigenous and non-Indigenous Australians and between their respective laws

and traditions”.

This in turn is the basis for the policy and program development designed to

achieve the range of goals in the Melbourne Law School Indigenous Development Plan 2019-2022.

The key issue is what that means for curriculum development, content, how it is achieved and the

way it is delivered.

It is fundamental to all its work for the Melbourne Law School to acknowledge Indigenous law as the

oldest jurisprudential tradition in the world.

In particular, curriculum must acknowledge the bi-

jural nature of law in Australia, especially post Mabo, the operation of two systems of law, both

independent of each other and yet dependent on each other for function and efficacy. In doing this

curriculum must value Indigenous knowledges and laws and centre it within the Melbourne Law

School learning environment. It needs to recognise the pluralist nature of law in Australia.

Curriculum change is not just treating indigeneity as a subject but as a complex set of relationships

between two laws engaging with each other in their conduct and practice. It involves the

contemporary and future practice of a relationship between peoples and laws.

In addressing Dr Watson’s experience, curriculum needs to recognise Indigenous peoples’ lived

experience of colonisation but needs to move away from a deficit model of Indigenous experiences

to incorporate Indigenous knowledges, laws and culture.

This should emphasise the positive

contribution of Indigenous knowledges, laws and culture to the Australian legal system and society

more broadly and focus on the idea of Indigenous leadership in this context.

In this way curriculum

plays a key role in providing a safe and productive learning space for Indigenous law students,

reflecting their lived experiences of colonisation and its effects, particularly, but not only, legal

colonisation and the nature of the relationship of legal systems. In doing this, a changed curriculum

also has the effect of producing culturally capable graduates and legal practitioners with capabilities

to engage with Indigenous clients, communities and organisations as well as contribute to the

broader society through informed political and legal debate, policy and reform. These principles

should underpin curriculum reform.

Nicole Watson, ‘Indigenous People in Legal Education: Staring into a Mirror without Reflection’ (2005) 6(8)

Indigenous Law Bulletin 4

Melbourne Law School Reconciliation and Recognition Policy December 2017, 2

Professor William Mc Neil Introduction and Welcome to ICCLAP Workshop SCU 2019

We acknowledge the assistance of Professor Mark McMillian in formulating these principles

M. Burns, S. Young and J Nielsen “The Difficulties of Communication Encountered by Indigenous Peoples’:

Moving Beyond Indigenous Deficit in Model Admission Rules for Legal Practitioners” (2018) 28(2) Legagl

Education Review 1-27

See Jacinta Ruru Response to Confidential Draft of Review of Melbourne Law School’s Indigenous Studies

Program October 2019

29 | Page

John Borrows has written widely on the issue of Indigenous legal traditions and law curriculum. The

following comment illuminates the centrality of Indigenous law in this context or, as he describes it -

the entanglement of Indigenous law and Canadian law

“Indigenous legal traditions are vibrant sources of knowledge. They

pragmatically assist in finding answers to complex and pressing legal

questions and contain significant sources of authority. They are

precedential, that is, standard setting, and generate criteria for making

sound judgments. Indigenous law helps produce binding measurements

through persuasion and compulsion, is attentive to ethical redress and

remedial actions when harm has occurred, and facilitates genuine gift

giving and bequests. Indigenous laws can be constitutional. They can

support the creation of internally binding obligations. Indigenous peoples’

own legal systems also undergird the creation of intersocietal

commitments with external bodies. Evidence of Indigenous laws’ force is

found in various agreements related to consultation, accommodation,

contractual matters, and treaties. Indigenous laws are also a key

ingredient in protecting group and individual privileges and freedoms”

The Melbourne Law School currently has a range of targets, goals and activities identified and in

place which provide a basis for achieving its Development Plan goals in relation to curriculum.

However, these are unlikely to achieve longer term change unless there is a fundamental change in

the manner in which the Melbourne Law School relates to Indigenous peoples and laws. For

curriculum, this requires a major review of the overall curriculum conducted in conjunction with

Indigenous scholars, lawyers and communities as well as a program for implementation and

maintenance of the curriculum changes. The discussion in this part is directed at these issues.

Considerable work has and is being done to centre and embed indigenous knowledges and law in

legal education curricula. For example, in Canada, the Truth and Reconciliation Commission has

recommended that legal education and the legal profession ensure appropriate cultural competency

John Borrows Laws Indigenous Ethics University of Toronto Press 2019, 21

John Borrows ‘Heroes, Tricksters, Monsters, and Caretakers: Indigenous Law and Legal Education’ (2016) 61

McGill Law Journal 795, 797–8 quoted in Kate Galloway “Indigenous Contexts in the Law Curriculum: Process

and Structure” (2018) 28(2) Legal Education Review 331-354. Professor Irene Watson has written extensively

on Indigenous law in the Australian context. See for example: Irene Watson and Michelle Burns “Indigenous

knowledges: a strategy for first nations peoples engagement in higher education in S Varnham, P Kamvounias

& J Squelch (eds) Higher Education and the Law Federation Press Sydney 2015 pp41-52; Irene Watson “What

is the mainstream? Laws of First Nations People” in R Levy, M O’Brien and S Rice et al (eds) New Directions for

law in Australia: Essays in contemporary law reform Australian National University Press 2017 Canberra pp

213-220

30 | Page

training.

This has led to extensive consultations between Law Societies, First Nations and

Universities to map and plan for implementation of these recommendations.

In Australia, we are aware that Council of Law Deans and the Law Admissions Consultative

Committee have made some minimal changes to admission requirements

but the Indigenous

Cultural Competency for Legal Academics Program has captured much of the current thinking and

work relevant to Australian law schools and the legal profession

While focusing on legal

academics and curriculum, the flow on effects are in relation to producing culturally capable law

graduates and lawyers, not just in relation to Indigenous knowledges and laws but more broadly.

Inter-cultural capability

Incorporating Indigenous cultural competency into curriculum leading to inter-cultural capability

might be done in a number of ways and each Law School will bring its own history, culture and

relationships to the way in which it undertakes curriculum review and change. At its most basic,

cases and materials involving Indigenous issues and Indigenous ‘perspectives’ is one way.

However, normally it will involve significantly more than this including “the content of Indigenous

legal systems and the laws and institutions which comprise them”; “Indigenous peoples’ opinions

and critiques of Anglo-Australian law”; and “the way in which Anglo-Australian laws impact the

rights and interests of Indigenous peoples and communities”.

At its highest this should be seen as

Indigenisation of the curriculum. Major curriculum change in this context requires all students to

question the normative view of western law and develop their consciousness of their place as

lawyers in relation to Indigenous knowledges, laws, colonisation and pluralist legal systems. One

student in our consultations expressed this idea as ‘decolonising the curriculum’.

Truth and Reconciliation Commission of Canada: Calls to Action Truth and Reconciliation Commission of

Canada 2015:

27. We call upon the Federation of Law Societies of Canada to ensure that lawyers receive

appropriate cultural competency training, which includes the history and legacy of residential

schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and

Aboriginal rights, Indigenous law, and Aboriginal– Crown relations. This will require skills-

based training in intercultural competency, conflict resolution, human rights, and anti-racism.

28. We call upon law schools in Canada to require all law students to take a course in

Aboriginal people and the law, which includes the history and legacy of residential schools,

the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal

rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training

in intercultural competency, conflict resolution, human rights, and antiracism.

For example: Council of Canadian Law Deans Summary Responses of Canadian Law Schools to the Truth and

Reconciliation Commission Report 2017-18 https://ccld-cdfdc.ca/wp-content/uploads/2018/07/CCLD-TRC-

REPORT-V2.pdf ; The Canadian Bar Association Responding to the Truth and Reconciliation Commission’s Calls

to Action 2016; Letter from the Truth and Reconciliation Commission Implementation Committee Law Faculty

University of Toronto

https://www.law.utoronto.ca/news/letter-truth-and-reconciliation-commission-

implementation-committee

This is discussed further below.

Marcelle Burns, Anita Lee Hong and Asmi Wood Indigenous Cultural Competency for Legal Academics

Program: Final Report 2019 (Australian Government Department of Education and Training).

On the limitations of Indigenous perspectives see for example: Alexander Reilly, "Finding an

Indigenous Perspective in Administrative Law" (2009) 19(2) Legal Education Review 271; Kate Galloway

“Indigenous Contexts in the Law Curriculum: Process and Structure” (2018) 28(2) Legal Education Review 331-

354

Linda Te Aho and Bradford Morse Indigenous Cultural Competency for Legal Academics Program: Final

Evaluation Report 2018

31 | Page

We consider that the Melbourne Law School ultimately needs to undertake a fundamental

curriculum review and rewriting and this is discussed further below.

Indigenous Cultural Competency for Legal Academics

This research project conducted by leading Indigenous legal scholars provides a wealth of material in

relation to curriculum development. Encompassing both the culturally competent manner of

development as well as content, the project has informed and assisted our thinking in this area. It

has drawn on material from North America and New Zealand which also provide useful insights.

The term cultural competency is not universally accepted. It is used to encompass the idea of

building the “capacity of legal academics to incorporate Indigenous cultural competency into their

individual courses and the overall curricula”.

Other terms that have been used include cultural

literacy,

or “inter-cultural capabilities, cultural responsiveness or cultural empathy”.

In Canada

the terms inter-cultural competence or inter-cultural capability have been used. We have adopted

the Canadian term of inter-cultural capability but as ICCLAP Final Report notes, the nomenclature is

less important than the substance of the process.

ICCLAP has provided a forum for thinking through these curriculum issues and its Report as well as

Workshops

and scholarship arising out of its work

provides a wealth of materials that might

guide the Melbourne Law School in its Curriculum reforms. It is likely that it will continue to be a

focal point for this work and it would be useful for the Melbourne Law School to have a presence in

its work. We note that the Senior Indigenous Fellow is an integral part of the project advisory board.

We also note Universities Australia

and the Behrendt report

strongly support the incorporation

of cultural competency into University curricula and provide valuable insights into how this might be

achieved.

Requirements for curriculum reform and inter-cultural capability

Each Law School will bring its own history, culture and relationships to the way in which it

undertakes curriculum review and change. The Melbourne Law School, as a graduate law school, will

bring a range of considerations that are different from the majority of Australian law schools but

principles of curriculum development for inter-cultural capability are consistent.

We note that the Melbourne Law School is already undertaking or planning initiatives in this regard:

development of indigenous material for incorporation into compulsory subjects, offering Indigenous-

themed electives in the JD and MLM, LMR exploring legal issues associated with Indigenous people

and Indigenous knowledge and involving Indigenous elders in the course. We also note the recent

Linda Te Aho and Bradford Morse Indigenous Cultural Competency for Legal Academics Program: Final

Evaluation Report 2018

Kate Galloway “Indigenous Contexts in the Law Curriculum: Process and Structure” (2018) 28(2) Legal

Education Review 331-354, 334

Linda Te Aho and Bradford Morse Indigenous Cultural Competency for Legal Academics Program: Final

Evaluation Report 2018, 35

Marcelle Burns, Anita Lee Hong and Asmi Wood Indigenous Cultural Competency for Legal Academics

Program: Final Report 2019 (Australian Government Department of Education and Training)

ICCLAP Consultation Workshop Report 2016.

(2018) 28(2) Legal Education Review

Universities Australia National Best practice framework for Indigenous cultural competency in Australian

Universities Canberra Australian Government, office for Learning and Teaching 2011; Universities Australia

Indigenous Strategy 2017-2020 2017 Canberra Universities Australia

Larissa Behrendt Review of Higher Education Access and Outcomes for Aboriginal and Torres Strait Islander

People Final Report 2012 Australian Government

32 | Page

development of new internship opportunities with Indigenous organisations and the proposed

Indigenous Law and Policy Clinic – both of these involving the Senior Indigenous Fellow. Our

discussions revealed a need for a greater offering of subjects in the JD involving Indigenous

knowledge and laws. However, there was a suggestion that indigenous law was in silos and not

incorporated across the curriculum. It is telling that students reported that the subject Comparative

Indigenous Rights was described as the best subject studied in the JD and they “learnt more about

Australian Aboriginal people than in any other subject.” Comments also indicate that considering

cases involving Indigenous issues such as Kartenyeri are not helpful when there is no engagement

with the Indigenous elements of the case or the relationship of laws entwined in it.

We note the work done to develop staff awareness and skills in Indigenous curriculum development

and teaching. These are all important developments which should be supported, continued and

expanded. In the short term an audit of current curriculum would be a useful base for any further

developments planned. This may already be done but if not the new Associate Dean position could

undertake this task.

Development of community relationships that would further on country learning opportunities and

work integrated learning (such as the proposed clinical subject) should be encouraged. While these

relationships would ideally be Victorian based, opportunities presented by the University’s

relationship with the Yothu Yindi Foundation might also be explored. The Senior Indigenous Fellow

and the new Associate Dean position should be charged with this work.

Opportunities for Indigenous students to travel, either within Australia or internationally should

continue to be pursued and supported.

However, curriculum that adequately addresses Indigenous knowledges and laws as well as

Indigenous peoples’ lived experience of western legal systems requires substantially greater change.

This involves direct dealings with issues of colonisation and its consequences including dispossession

of lands, policies and impacts of social, economic and political exclusion and the role of western law

in these events and consequences. To be effective, there needs to be a whole of curriculum

approach which includes Indigenous knowledges and ontology, legal pluralism and the fundamental

relationship of legal systems, office and responsibility. Engagement with the Indigenous community

at all levels is also a crucial aspect. ICCLAP has developed a range of guiding principles.

A number of

Law Schools are also engaged in the process of revising or rewriting curricula to embed inter-cultural

capability. Charles Sturt University Law program and University of Western Australia are two very

different institutions from which the Melbourne Law School might learn. UWA calls this

Indigenisation of the curriculum, CSU calls it embedding cultural competence. The University of

Western Australia perhaps provides the most suitable model given that it is exclusively a graduate

law qualification but the innovative work of other Law Schools should also be considered and

adapted to the Melbourne Law School environment.

We consider that the Melbourne Law School needs a full curriculum revision that recognises the

relationship between two legal systems and embeds inter-cultural capability. We suggest the

language of Indigenisation of the Curriculum. The manner in which this is undertaken will be crucial

to both its success and the reputation of the Melbourne Law School but needs to include senior

Indigenous scholars, Indigenous lawyers, community members as well as senior members of the

Marcelle Burns, Anita Lee Hong and Asmi Wood Indigenous Cultural Competency for Legal Academics

Program: Final Report 2019 (Australian Government Department of Education and Training) 20 and 21

33 | Page

legal profession. It is the conduct of the relationship that underpins change that is most important.

We have recommended that the task be untaken by a Curriculum Commission however titled.

In the meantime, work on curriculum, organisation and delivery should continue, led by the Senior

Indigenous Fellow in conjunction with the newly created Associate Dean position. One possibility is

to model process, method and content to develop a first-year Indigenous law/legal traditions unit.

This would be a compulsory unit. A number of Canadian Law Schools, for example the University of

Windsor Law School have taken this approach. In the alternative or in addition consideration might

also be given to a capstone subject around Indigenous Knowledge and Laws. Perhaps a particular

subject, for example Principles of Public Law could be used as a trial for incorporation of Indigenous

knowledges and laws in the curriculum.

Consideration might be given to developing a subject around Indigenous laws and perspectives that

complements Comparative Indigenous Rights. This might include comparative Indigenous laws or

focus on International law related issues such a DRIP and the Permanent Forum. The subject might

be offered in a variety of formats, for example in the manner of Institutions in International Law and

the Global Lawyer or in conjunction with other institutions in Canada, New Zealand or the USA. We

note the new Treaty subject might be the basis for developing some of these approaches, allowing a

changing curriculum but emphasising the nature and practice of the relationship of two legal

systems and not just subject matter.

We note that the University’s Indigenous Knowledge Institute has a role that goes beyond research.

It will have resources that might support some of this extensive curriculum work and the Law School

should seek to engage with the Institute in its curriculum development work.

We would encourage work on this while the broader curriculum review is established.

Melbourne Law School Leadership

The work of ICCLAP and the responses to the Canadian Truth and Reconciliation recommendations

suggest that any curriculum change must be supported by structural and institutional change to

ensure that Indigenous knowledges and laws are core to the law curriculum rather than tangential.

They and the Universities Australia reports indicate that any process should be both bottom up and

top down. There is a need for leadership within the Melbourne Law School and beyond.

As the leading University law school and a public institution with civic obligations, the Melbourne

Law School has a crucial leadership role (and obligation) in this sphere. Taking leadership in this way

will signal that the Melbourne Law School understands and takes its obligations seriously. Leaders in

Indigenous Medical Education (LIME) is an example of leadership in developing a nationwide

community of practice in curriculum development and beyond in the medical sphere. This might be

a model for the Melbourne Law School here. The Melbourne Law School might seek to involve

alumni in this process.

We recommend that the Melbourne Law School adopt and apply Universities Australia goals for

cultural competency in Australian Universities.

Within the Melbourne Law School all JD course and subject goals, objectives and outcomes should

be reviewed to ensure that they incorporate inter-cultural capability as an outcome. At a University

level the Melbourne Law School should ensure that inter-cultural capability is a Graduate attribute

and develop a strategy for achieving it if this is not already underway. These measures will underpin

curriculum change so inter-cultural capability is a core requirement rather than an option or

tangential to the teaching and learning environment.

34 | Page

Beyond the Law School and the University, the Law School, through the Dean, should work with

CALD and other institutions to develop mandated inter-cultural capability criteria as a legal

accreditation standard for Australian law courses. We understand that CALD already has a

committee addressing this issue. An accreditation standard underpinning inter-cultural capability in

the JD curriculum will ensure that it is central to curriculum development and teaching and learning.

At a broader level we consider that inter-cultural capability is a desirable attribute for all lawyers.

Therefore, we recommend that the Melbourne Law School work with CALD, the Law Admissions

Consultative Committee and relevant admission authorities under the Legal Profession Uniform

Law

and the broader legal profession such as industry bodies (the Law Council of Australia and Law

Societies), Judges and Indigenous lawyers and lawyers associations to mandate inter-cultural

capability in the Priestley 11.

We note that the Law Admissions Consultative Committee has been revising the Priestley 11.

note the focus on Teaching and Learning Outcomes in the requirements for accreditation of law

courses.

These outcomes could be expanded to include the requirement of inter-cultural

capability, embedding inter-cultural capability into admission requirements. The next step would be

to then extend inter-cultural capability into the broader legal profession through professional

standards and continuing professional development. A project incorporating these principles is

underway in Canada as a response to the Truth and Reconciliation Commission. (See Canada Model

Code for of Professional Conduct). The Melbourne Law School can take a leadership role in this

change.

The Law Admissions Consultative Committee has developed new descriptions of subject matter and

the subjects Constitutional Law and Property include references to Indigenous Australians:

Constitutional Law

“(a) the broad theoretical basis, and the social and historical context, of Australian constitutional

law, including the relationship between Aboriginal and Torres Strait Islander peoples and the

Australian constitutions”

Property

“(b) the principles of Indigenous Australian law that form the basis of Aboriginal and Torres Strait

Islander claims to land”

The goal should be to expand this into other subject areas. We note that the Law School has made

significant submissions to the Law Admissions Consultative Committee in relation to the Priestley 11

and this work could be built on in relation to teaching and learning outcomes. As an alternative,

consideration might be given to dealing with Indigenous content in a similar way to statutory

interpretation, namely that there is a requirement across the course and each institution must

establish that it is included in its curriculum.

Legal Profession Uniform Law application Act 2014 (Vic) and equivalents in other jurisdictions

This is a recommendation of the ICCLAP Report

Law Admissions Consultative Committee Redrafting The Academic Requirements for Admission 2019

ibid 1; Attachment D

ibid 8

ibid 9

35 | Page

Administrative arrangements

In both the short and long term, the Melbourne Law School needs to have administrative procedures

in place to ensure adequate compliance with curriculum changes as well as staff training and

commitment.

This overseeing/monitoring could be a role for the recently created Associate Dean position in

conjunction with the relevant JD Director.

A further important administrative element is ensuring that curriculum development work,

community engagement and training are adequately valued, for example by embedding them into

the staff Performance Development Framework and promotion processes.

The goal of the following recommendations is to ensure that the curriculum embeds indigenous

knowledges, laws, experiences and perspectives and broadens approaches to legal pluralism with a

view to ensuring that “Indigenous students can see themselves reflected in their education”

and

developing inter-cultural capability of staff and graduates.

Recommendations:

4.1 Actively promote curriculum change and inter-cultural capability at the Melbourne Law

School, the University and in the boarder profession:

- adopt and apply Universities Australia goals for cultural competency in Australian

Universities

- ensure that JD course and subject goals, objectives and outcomes incorporate inter-cultural

capability as an outcome

- Ensure that inter-cultural capability is a Graduate attribute and develop a strategy for

achieving it

- Lead the work with CALD and Law Admissions Consultative Committee to mandate inter-

cultural capability as a legal accreditation standard for Australian law courses

- Lead the work with CALD and Law Admissions Consultative Committee to further develop

Priestley 11 subject descriptions to include appropriate references to Indigenous

knowledges, laws and experiences

- Lead the work with CALD, relevant admission authorities under the Legal Profession Uniform

Law

and the broader legal profession such as industry bodies (the Law Council of Australia

and Law Societies), Judges and Indigenous lawyers and lawyers associations to mandate

inter-cultural capability in the Priestley 11

- Work with the broader legal profession to embed inter-cultural capability into the Model

Admission Rules for Legal Practitioners, professional standards and continuing professional

development. (See Canada Model Code for of Professional Conduct)

4.2 Short term activities:

- Review subject outcomes to ensure intercultural capability is an identified outcome.

- Continue the work undertaken by Kirsty Gover and Olivia Barr to provide curriculum material

for incorporation into all compulsory subjects

Nicole Watson, ‘Indigenous People in Legal Education: Staring into a Mirror without Reflection’ (2005) 6(8)

Indigenous Law Bulletin 4

Legal profession Uniform Law application Act 2014 (Vic) and equivalents in other jurisdictions

36 | Page

- Identify electives in which Indigenous knowledges, laws and perspectives might be

incorporated and provide support for that curriculum work

- Provide oversight of Reading Guides (particularly in compulsory subjects) to ensure that any

changes are monitored and that the material remains in the curriculum. This might form part

of the Associate Dean role in conjunction with the relevant JD Director.

- Link with University and community resources for training for teaching staff in the area of

Indigenous curriculum and inter-cultural capability.

- Encourage and reward curriculum innovation and include curriculum development,

undertaking the staff development and training in Performance Development Framework

according it a value commensurate with the importance of the work

- Link with Alumni, Indigenous lawyers and Community in developing and teaching Indigenous

related curriculum including on country curriculum

- Increase the subject offering of Indigenous related subjects in the JD and LLM and ensure

that Indigenous students can enrol

- Investigate flexible learning and teaching modes in elective subjects including placements in

relevant Indigenous organisations (in addition to the Legal Internships)

- Consider a compulsory First year subject on Indigenous Legal Traditions and/or a capstone

subject incorporating Indigenous Knowledges and laws.

- Consider developing a subject around Indigenous laws and perspectives that complements

Comparative Indigenous Rights. This might include comparative Indigenous laws or focus on

International law related issues such a DRIP and the Permanent Forum. The subject might be

offered in a variety of formats, for example in the manner of Institutions in International Law

and the Global Lawyer or in conjunction with other institutions in Canada, New Zealand or

the USA.

- Encourage and facilitate students, especially Indigenous students, to undertake exchanges to

Institutions with strong Indigenous programs

- Develop a data base of best practice Indigenous curriculum from Australian and

international law schools to assist both short and long term Curriculum development

- Establish a relationship with the Indigenous Knowledge Institute to support curriculum

change and development both in the short and long term.

4.3 Longer term activities

- Establish a Curriculum Commission to review all aspects of the JD curriculum and to rewrite

the curriculum to acknowledge the obligations in the meeting of two legal systems and

embed Indigenous knowledges, laws and perspectives (UWA calls this Indigenisation of the

curriculum, CSU calls it embedding cultural competence – clarification of purpose is critical,

and we recommend consideration of the language of Indigenisation).

- The composition and structure of the Commission is a matter for the Melbourne Law School

and there are models in Australia and elsewhere to be drawn on. However we suggest the

following as a starting point:

 The Commission consist of an Advisory Board including senior indigenous

legal scholars, indigenous and non-indigenous representatives of the legal

profession, indigenous community and relevant community organisation

representatives, experienced indigenous curriculum scholar/s, Indigenous

and non-indigenous Melbourne Law School staff, and the Dean.

 Dedicated staff, including Indigenous legal staff to undertake the work for

the Commission

37 | Page

 In conjunction with the Advisory Board develop a strategy of consultation

with students, including Indigenous students, Melbourne Law School

academic staff, including Indigenous staff, indigenous lawyers, communities

and community organisations

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5. RECRUITING INDIGENOUS ACADEMICS

The presence of Indigenous scholars at the Melbourne Law School is fundamental to achieving goals

and objectives across all areas of Melbourne Law School activity. Therefore this is also a first order

priority. All our discussions confirm that it is this that attracts students and a critical mass of

Indigenous scholars at all levels to a Law School.

We recognise there is a small pool of senior legal scholars from which the Melbourne Law School

might recruit

and therefore the Melbourne Law School needs to develop a strategy that addresses

the absence of Indigenous staff in the short term as well as a strategy to recruit more senior staff to

lead its Indigenous programs and relationships. These relationships include the Melbourne Law

School and its staff, the University, Indigenous scholars and students across the University and

indigenous communities and organisations.

We consider that there are some key considerations in recruitment in both the short and long term.

Twin strategies are required to recruit in the short and longer term and to focus on both junior and

senior scholars. The strategy should include identifying and supporting Indigenous JD and MLM

students as prospective doctoral students and staff. The strategies and processes need to be flexible

to respond to any opportunities for recruitment that might arise.

Employment of the Senior Indigenous Fellow has been an important step in bringing Indigenous

people into the law school. As an experienced lawyer and senior Indigenous man, the Fellow has

created important connections with the community leading to initiatives in curriculum, advice on a

range of issues for staff and important mentoring and support for JD students. His continued

employment is crucial for the Melbourne Law School’s next steps in relation to it Indigenous

programs. It is also a good example of the flexibility required in recruitment.

In developing strategies for recruitment we suggest the Melbourne Law School establish a working

group chaired by the Dean and substantially run through the new Associate Dean position. The

group should include Indigenous lawyers and perhaps a senior scholar from elsewhere. The

Melbourne Law School might draw on the experience of some senior Indigenous scholars in other

Faculties at the University for the Working group, for example Professor Sandra Eades from

Medicine. Consideration should be given to community representation or at the least consultation

about the work of the group. The establishment of the group would signal the Melbourne Law

School’s seriousness in relation to recruitment but should not be the only steps taken. One on one

recruitment discussions should continue where possible.

The Melbourne Law School should develop clear goals in a Performance Development Framework

for prospective Indigenous staff including leadership, workload, support, and remuneration for

senior and junior academics and ensure that appropriate value is given to Indigenous obligations and

leadership in both the level of appointment, Performance Development Framework and

promotion.

Our consultations indicate that scholars should not be overburdened with tasks that

prevent focus on areas of work identified by them as of primary importance. This could then be the

basis of negotiation with prospective staff.

A critical mass of staff is important whether a senior and junior scholar or some other mix.

The

Melbourne Law School should establish a goal of at least two staff members initially with a strategy

Harry Hobbs and George Williams “The Participation of Indigenous Australians in Legal Education, 2001-18”

(2019) 42(4) University of New South Wales Law Journal (forthcoming) pp29-30, 32

We note Ruru strongly endorses this approach.

We note Ruru identifies the need for more than one staff member.

39 | Page

for increasing the number. Our consultations have identified Medicine as providing a model:

Professor Eades provides senior leadership and enables other academic and professional staff to

undertake their work. In particular here we note the importance of also recruiting Indigenous

professional staff, a need also identified by Ruru. We consider that the development of the proposed

Research Centre would also benefit from having a number of staff.

The Melbourne Law School should identify possible doctoral students/academics in the JD and

develop packages to support them through post-doctoral studies and early years of employment.

There may be a tension here as potential doctoral students will be attracted to Universities that have

strong reputations and leadership in Indigenous scholarship. Packages should ensure flexibility in

work load allocation to enhance doctoral success where Ph Ds are undertaken at the Melbourne Law

School including both workload and financial support.

Financial support should be sufficient to ensure students can undertake their study without financial

strain and also sufficient to match financial support offered elsewhere. Therefore the Melbourne

Law School should develop a generous doctoral scholarship and support program and target

indigenous lawyers and early career scholars across the country. We note that the Melbourne Law

School has one dedicated Ph D scholarship per year, and APA Top up of $10,000 for a graduate

researcher. Our consultations suggest that this amount might need to be increased in consideration

of the financial support offered by other institutions. We emphasise the need for flexibility in

relation to support offered, especially where the candidate is mature aged perhaps with a range of

family responsibilities. We note the early career Academic Fellowships which might also be useful as

a bridge between work and study. We are aware of discussions with Graduate House in relation to

housing for JD and higher degree students and this initiative should be pursued although it will not

suit everyone. We add that the mantra ‘tailored program for success’ has been a useful guiding

principle in the recruitment of PhD candidates through the Poche Centre, MDHS.

The availability of supervision by Indigenous scholars can be an important element in choice of

institution for doctoral study. In the absence of indigenous academics the Melbourne Law School

should establish partnerships with scholars in Australia and elsewhere to ensure Indigenous co-

supervision of doctoral students is available. Funds may be required to ensure this is possible. In this

regard and generally the possibility of offering joint Doctorates with comparable Universities in

Canada (especially UBC and University of Victoria), New Zealand and the US should be explored. We

understand that some work on this in other disciplines has been discussed and this should be built

on by the Melbourne Law School.

Identify Indigenous lawyers and Indigenous scholars in law and other relevant disciplines for short

term appointment/fellowships. This might be very valuable in conjunction with the Elder in

residence program. The Melbourne Law School should also consider participating in the Jawun

Development program (or similar program) which is supported by the University’s Reconciliation

Action Plan 2018-2022. Building these relationships may open up opportunities for engaging with

potential doctoral students and scholars associated with Indigenous organisations. Participation in

other initiatives such as the Goulburn Valley partnership and the Yothu Yindi Foundation partnership

should also be encouraged. These relationships might form the basis of ‘on-country’ learning in the

JD or staff development and training.

Our consultations indicate that the possibility of mentoring by senior Indigenous scholars attracts

potential students at all levels to other institutions. The Melbourne Law School should establish a

mentoring program of young scholars by senior staff and Indigenous academics from elsewhere. In

this (and other) contexts the Visiting Indigenous Scholar program should be continued and regarded

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as a high priority. Both international and local indigenous scholars should be encouraged to

participate, including non-legal Indigenous scholars. The administration of the program should

ensure flexibility about length of the residency and to ensure a regular flow of scholars.

We have consulted on and considered the possibility of recruiting a senior Indigenous scholar from

outside Australia. We do not think this is an appropriate course if it is seen as a substitute for

Australian Indigenous scholars. However, we consider the continuation and expansion of the

Indigenous Scholar in Residence program is a more suitable way to harness this expertise as outlined

above. A senior Indigenous scholar in residence who was a visitor for an extended period might be

appropriate.

Recommendations

5.1 Establish a working group to conduct search and discussions

5.2 Develop a strategy for employment involving clear goals in a Performance Development

Framework including leadership, workload, support, and remuneration for senior and junior

academics and ensure that appropriate value is given to Indigenous obligations and leadership

in both the level of appointment, Performance Development Framework and promotion. Use

this as a basis for targeted discussions with potential Indigenous academics.

5.3 Establish a goal of at least two staff members initially with a strategy for increasing the

number.

5.4 Develop a strategy for employing Indigenous professional staff

5.5 Identify possible doctoral students/academics in JD and develop packages to support them

through post-doctoral studies and early years of employment. Ensure flexibility in work load

allocation to enhance doctoral success

5.6 Develop a generous doctoral scholarship and support program and target indigenous lawyers

and early career scholars across the country. We note the dedicated Ph D scholarship each

year and the APA Top up of $10,000. We recommend that this top up be increased so that it is

commensurate with financial support offered at other institutions. The early career Academic

Fellowships should be maintained.

5.7 In the absence of indigenous academics establish partnerships to ensure Indigenous co-

supervision of doctoral students.

5.8 Explore joint Doctorates with comparable Universities in Canada (especially UBC and

University of Victoria), New Zealand and the US.

5.9 Identify Indigenous lawyers and Indigenous scholars in law and other relevant disciplines for

short term appointment/fellowships. This might be very valuable in conjunction with the Elder

in residence program. Consider participating in the Jawun Development program (or similar

program) supported by the University’s Reconciliation Action Plan 2018-2022.

5.10 Establish a mentoring program of young scholars by senior staff and Indigenous academics

from elsewhere if required. In this (and other) contexts continue the Visiting Indigenous

Scholar program as a high priority and encourage both international and local indigenous

scholars to participate. Ensure flexibility in the program including non-legal Indigenous

scholars.

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6. SUPPORT AND COMMUNICATE RESEARCH

Major progress in relation to research is dependent upon the presence of a body of Indigenous

scholars at the Melbourne Law School. These scholars might be both academic staff or visitors under

various programs or projects. While they add to the body of research undertaken at the Melbourne

Law School, they also provide opportunities for joint projects, the benefits of which are to both

increase indigenous related research but more importantly to ground it in indigenous ontologies and

control. Appropriate value needs to be given to the involvement of Indigenous researchers and

communities in projects and to the work of non-indigenous researchers engaged in these research

partnerships. Research partnerships enable the modelling of appropriate indigenous/non-Indigenous

law relationships of respect. The Law School should aim to model best practice for research and this

may involve some adjustment in the way it operates for example in relation to timing and the costs

involved in developing and implementing research relationships. This reflects the fundamental

change in the approach the Melbourne Law School needs to its relationship with Indigenous

peoples, knowledges and law.

To facilitate this work the Melbourne Law School might consider increasing the funds available for

indigenous related research, particularly involving indigenous researchers and communities, either

as direct participants or as advisers. Having regard to the overall level of Indigenous related

research, consideration might be given to prioritising Indigenous research projects from time to time

when distributing its internal research funds or supporting applications for University funds. When

Indigenous academic staff are recruited, consideration might be given to providing a specific

research budget for Indigenous staff over and above (not instead of) other Melbourne Law School

research opportunities.

Another mechanism for expanding research is to establish specific fellowships for Indigenous

researchers. We note that Auckland Law School has a program of Fellowships: New Zealand

Rutherford scholarships – a year long fellowship to investigate a specific issue. These could be used

to attract scholars from other Universities, lawyers and people working in industry, government or

community organisations to undertake research, ideally in conjunction with the Melbourne Law

School researchers. Funds would need to be raised to support the fellowships but it would enable

those who, for a variety of reasons are not in a position to undertake a Ph D to bring their expertise

to the Melbourne Law School and contribute to its Indigenous research output. We note and

encourage the expansion of the Indigenous Research Scholar in Residence Scheme and recruitment

of Indigenous researchers under the early career Academic Fellowship scheme.

The Melbourne Law School already undertakes a wide range of indigenous related research, some in

conjunction with Indigenous scholars and communities. It is also engaged in research associated

projects, providing advice or research to communities and organisations. Little of this research is

publicised or known. This contributes to the negative public perception of the Melbourne Law

School. There needs to be a process for the collection of Indigenous related research or community

based work that can be readily accessed via the website. This would include research and

engagement activities and possibly internship, clerkship and clinical work in the JD or MLM as well as

doctoral work. All research undertaken, including policy advice and submissions should be included

on SSRN (as other law schools do). The new Associate Dean position could be responsible for this

(perhaps in conjunction with the research office). This would help to increase the Melbourne Law

School profile in relation to Indigenous research.

42 | Page

Consistent with but in addition to this idea, it has been suggested that the Law School could

establish a Public Policy Clearinghouse on Indigenous Issues. This could be a public facing resource

which could be both web-based and subscriber-based. There are many examples of these services.

One is the Protecting Knowledge clearinghouse that operates on email subscription. AIATSIS has a

subscription based clearinghouse service in relation to native title issues but not broader public

policy issues. This could also be established almost immediately.

The research website should also highlight the detailed requirements for the conduct of ethical

research in relation to Indigenous peoples, knowledges and laws as an indicator of the Law School’s

understanding of the relationship between it as a scholarly institution and Indigenous peoples. This

could be done through a link to the Australian Institute of Aboriginal and Torres Strait islander

Studies Research Ethics page.

Indigenous Research Centre

In the longer term, in consultation with Indigenous Communities and scholars, the Melbourne Law

School should investigate establishing an Indigenous controlled and managed research centre. The

Indigenous Law Research Unit at the University of Victoria, Canada provides one model for such a

Centre. The Centre includes a focal point for research, consultancy, policy and advice work for

communities with student involvement in this work. Jumbunna at UTS and the National Centre for

Indigenous Studies at ANU are other examples. The Indigenous Law Research Unit at the University

of Victoria is part of the Law School whereas the UTS and ANU Centres are University Centres.

Although under the umbrella of the Melbourne Law School the Centre would be linked to broader

University initiatives especially the Indigenous Knowledge Institute and other Indigenous Centres for

example the Research Unit for Indigenous Language.

In establishing the Research Centre the Melbourne Law School should seek to model the relationship

between two laws, including committing to principles of Indigenous self-determination in the

establishment, conduct, management and work of the centre. For this reason, the Centre can only

be established and led by Indigenous legal scholars at the Melbourne Law School. The detail of the

Centre and its operation would be negotiated around the appointment of the Indigenous Director

who would lead subsequent negotiations around establishment, management and agenda with

Indigenous Communities, legal scholars and students.

The Centre should be established based on principles of Indigenous self-determination in

management and control, under the Melbourne Law School umbrella but with independence

consistent with Indigenous management and control. All Melbourne Law School Indigenous related

research would be conducted through the Centre in consultation or jointly with other Melbourne

Law School Research Centres. The Centre would undertake joint research across the University and

other Institutions, consultancies and outward facing activities. It would be a site for Law School

expertise across a range of fields of law. As with the University of Victoria Centre it would provide a

site for advice and research for communities with direct student involvement.

Our consultations suggest that the existence of research centres (for example at UTS and ANU) led

by leading indigenous scholars is important in attracting Indigenous students and scholars at all

levels.

The Centre could also provide the site for links with similar Research Units in Canada, US and New

Zealand and possibly in Australia, facilitating exchanges, joint academic programs including doctoral

https://aiatsis.gov.au/research/ethical-research

43 | Page

programs and joint research programs. The University has had discussions with the University of

Victoria, Canada and these could be pursued by the Melbourne Law School in conjunction with the

University agenda.

Further, there would need to be a negotiated relationship with the University’s Indigenous

Knowledge Institute. However, this should be seen as providing opportunities for inter-disciplinary

research and other joint programs.

In establishing the Research Centre the Melbourne Law School should seek to model the relationship

between two laws, including committing to principles of Indigenous self-determination in the

establishment, conduct, management and work of the centre.

Recommendations

6.1 While major progress in this field is dependant upon a body of Indigenous staff, there are some

initiatives that might be commenced in the short term:

- Provide an internal clearinghouse for Indigenous related research, policy work, teaching

and learning and give Indigenous related research some prominence on the website

- Establish a public policy clearinghouse as both a web-based and email subscription-

based service.

- Highlight visitors and facilitate joint research projects by providing resources in kind or

directly,

- Establish specific Fellowships for Indigenous scholars

- Encourage and fund research projects that include Indigenous researchers at the

University of Melbourne or other institutions

- Encourage and fund research relationships with Indigenous communities

- Ensure engagement and public value is adequately rewarded in the Performance

Development Framework and promotion process

6.2 In the longer term, in consultation with the Indigenous Communities and scholars, establish an

Indigenous controlled and managed research centre.

- Negotiate the establishment, management and agenda with Indigenous Communities, legal

scholars. Indigenous staff required to lead these negotiations.

- Establish the Centre based on principles of Indigenous self-determination in management

and control

- Establish the Centre under the Melbourne Law School umbrella but have independence

consistent with Indigenous management and control.

- All the Melbourne Law School Indigenous related research would be conducted through the

Centre in consultation and/or jointly with Melbourne Law School Research Centres. This

would involve joint research, consultancies and outward facing activities

- Establish links to similar Research Units in Canada, US and New Zealand and possibly in

Australia facilitating exchanges, joint academic programs including doctoral programs.

- Establish links to broader University initiatives including the Indigenous Knowledge Institute

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7. ALUMNI

A greater engagement with Alumni may have a number of benefits for the Melbourne Law School

and Indigenous students as Alumni provide important role models for students as well as providing

important links between the Melbourne Law School and indigenous communities including legal

communities. Therefore, the Melbourne Law School should consciously foster on-going relationships

with Alumni

We understand that some Alumni have been involved in meetings and events with JD students

recently and this contact should be encouraged. The Melbourne Law School should be proactive in

maintaining relationships with their Alumni and calling on their expertise. The Melbourne Law

School has a list of alumni. This should be checked and updated in a separate database. The Senior

Indigenous Fellow and the new Associate Dean could work together to establish and maintain

contacts.

Development of a program of events for Alumni that brings them into the Law School and engaging

with JD students should be a priority. This could have a positive impact on JD students developing

their career options as they see the wide range of activities that a law degree can lead to. Activities

might include lectures by Alumni, informal events involving alumni and students and more formal

events such as workshops, lectures, seminars and events around topical issues such as the Victorian

Treaty process, the Uluru Statement and Constitutional Recognition.

Contact with Alumni might also raise possibilities for involvements in MLM study or teaching or

taking up Indigenous Fellowships. The Senior Indigenous Fellow and Associate Dean might

encourage staff to involve themselves with Alumni in teaching. It will also provide the Melbourne

Law School with an opportunity to involve Alumni in some of the processes arising out of this report

such as advisory bodies on curriculum development, as well as providing clinical placements,

internships and clerkships.

Engagement with Alumni could allow for the development of Alumni profiles that can be used by the

Melbourne Law School to tell its story in relation to Indigenous students with flow on benefits for

recruitment. Negotiations in relation to stories, career, experience of law and of the Melbourne Law

School could flesh out the Melbourne Law School story. This should only occur in the broader

context of engagement in other activities.

Recommendations

7.1 Update details of Alumni and contact them with proposals for engagement

7.2 Develop events that bring Alumni to the building as participants or attendees, especially

events involving students such as guest lectures, seminars and workshops on topical issues

such as Constitutional Recognition or the Victorian Treaty Process

7.3 Provide opportunities for regular involvement in teaching, research activities, advisory bodies

and policy work being undertaken by Melbourne Law School academics in relation to topical

issues

7.4 Negotiate with Alumni to develop profiles for inclusion on the website, photos in the building

and in publications

7.5 Negotiate with Alumni in relation to mentoring students, providing clerkships and internships

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8. RELATIONSHIPS, REVENUE AND ADVANCEMENT

Many of the recommendations in this report, although not all, may involve additional expenditure

for the Law School. We do not want to make specific recommendations in relation to funding but

rather indicate some approaches that might be taken.

We note that Advancement is the obvious site for fund raising but we do not think funding

approaches should focus entirely on Advancement. To make any fundraising effective the Law

School should develop narratives around change, activity and success. These should be done in

partnership with Indigenous scholars and students and in accordance with appropriate protocols.

However, the Law School approach and narrative might be focussed on both specific proposals and

broader forward looking and aspirational goals rather in the manner of the Poche Centre in scope.

The focus of specific narratives for example might include a sponsored Chair in Indigenous Law

which could be developed in conjunction with a recruitment strategy and funds to support the

proposed Research Centre.

The Law School should also seek to use complementary resources. This involves optimising existing

relationships and place based partnerships such as with the Yothu Yindi Foundation and the

Goulburn Valley in all its activities including curriculum, on country learning, research and policy

work. This might also attract co-investment from the University through Chancellery, the Indigenous

Knowledge Institute and other University programs.

There is scope to develop in kind contributions. For example, the suggestion that Indigenous

students be linked with law firms undertaking substantial work for Indigenous communities and

organisations to provide mentoring, internships and clerkships. These would preferably be paid and

might last for the life of the students’ JD course or be short term.

We are mindful that many of our recommendations are long term. While the Law School will

develop a long term strategy to achieve its goals, we see significant scope for change in the shorter

term and therefore our recommendations are focused on both long term change and short term

objectives.

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RECOMMENDATIONS

2. Recruitment and pathways

2.1 Develop a strategy for publicising what makes the Melbourne Law School a place for Indigenous

students

2.2 Better publicise the work by and with Indigenous researchers and communities including policy

and scholarly work

2.3 Identify pathways for prospective JD students to employment or to research/academic career

paths

2.4 Establish an Indigenous Law and Research Centre as a focus (see Research recommendations)

2.5 Increase Melbourne Law School visibility with undergraduate students:

- Target undergraduate students with tailored events around law

- Increase the presence of Indigenous people, law and activities in the Law Building through

Indigenous related events and publicising these across the Indigenous undergraduate

student cohort and in the community

- Develop greater law offerings in the undergraduate program that give visibility of law

academics and bring students into the Law building

- Be involved in schools and the community where student recruitment is discussed. We

note the need and importance for Indigenous staff to undertake these tasks

- Engage with Indigenous students at Colleges and in the BA and BSc Extension programs

and build relationships with Murrup Barak

2.6 Identify target groups from outside the University of Melbourne: for example in Indigenous

organisations, by age, geographic location, employment and devise a strategy for tailoring

support packages to attract prospective students

2.7 Develop the Scholarship program (including quantum and administration) so that

- the value of scholarships increase to at least $10,000 per annum for all students

- that funds flow from January – ensuring that this occurs for all students and is managed

so that there are no unintended consequences for other income support sources

- Scholarship support is for the life of the course and this should be known and clear from

commencement.

- additional funding for students to support travel, exchanges, clerkships and internships.

- aim to fund every student to attend the National Indigenous Legal Conference at least

once.

- further fund raising for scholarships may be necessary, especially if student numbers

increase

- publicise the availability of scholarship support and CSP places on the Law School JD

recruitment website

2.8 As the curriculum process develops publicise both the process of curriculum development,

content and teaching incorporating Indigenous knowledges and law, Indigenous perspectives

and critiques of law

2.9 Identify pathways for Doctoral studies and academic careers for Indigenous law graduates

2.10 Develop Alumni relationship with biographies and experiences of the Melbourne Law School

2.11 Create a dedicated webpage for Indigenous student recruitment with information about

entry, scholarships, support and specific programs for Indigenous law students such as

mentoring, internships, community based legal work, etc. Ensure that the webpage is easy to

locate and is linked to both the Reconciliation page and the JD Entry page.

2.12 Consider a dedicated role/s for recruitment encompassing relationships with Murrup Barak,

undergraduate and pathways program, work with communities, publicity, LSAT support,

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linking Melbourne Law School activities with prospective students and undergraduates,

organising events to bring prospective students into the Law building, involving Alumni in

these activities. We note the need and importance for Indigenous staff to undertake some or

all of these tasks.

2.13 Consider establishing a small working group to review the current selection criteria and its

impact on recruitment and explore any alternatives that might increase the number of

applicants while ensuring appropriate assessment of capacity to successfully complete the JD

so that retention and completion are not affected.

LLM and Ph D Recruitment and Pathways

2.14 Join with University/other Faculty events for potential doctoral students. In particular, as

indicated in the 2019-2022 Plan, continue to partner with the Poche Centre on information

and familiarisation programs

2.15 Recruit and support mature aged professionals for specific LLM courses and provide financial

support for study

2.16 Consider joining with other Faculties, especially Medicine, in designing specific cross

disciplinary Masters subjects.

2.17 Explore continuing professional development and on-site delivery of courses for Indigenous

organisations.

2.18 In relation to Melbourne Law Masters:

- if permitted, offer Commonwealth Supported Places for Masters’ courses or single subjects;

- develop a financial strategy that allows significant or full fee remission for Masters’ courses

or single subjects for Indigenous students;

- enable graduate diplomas for those with and without a law degree;

- develop course rules that provide greater flexibility for participation of students without a

law degree; develop more exit points for single and multiple subject enrolments; and

develop joint subjects with other Faculties aimed at Indigenous students.

2.19 See also the recommendations under Research and Staff Recruitment.

3. Student Support and Aspirations

3.1 Retain the substance of the objectives, structure and activities of the Indigenous Studies

Community Project

3.2 Continue to provide structured academic support through the Legal Skills Unit, perhaps

developing later year students as tutors and learning community leaders

3.3 Develop mechanisms that build a sense of community among Indigenous JD students including

mentoring of early year students, links into support and well-being services, assistance with paid

work opportunities as well career related activities such as work placements including the

availability of paid research work

3.4 Pastoral and personal support and academic skills should be separated.

3.5 Use the Assistant Dean as a senior person to manage relationships with Murrup Barak, academic

and professional staff on matters relating to Indigenous students but also consider coordinating

and coordinated roles for the Associate Dean and Senior Indigenous Fellow.

3.6 The Assistant Dean to continue as the first contact on well-being until a further appointment is

made.

3.7 The Assistant Dean should continue to manage academic issues such as early contact with new

students, course planning, organising ITAS tutors with Murrup Barak ensure that attention is

given to putting students in the same/suitable subject streams where appropriate.

3.8 Clarify the roles of the Assistant Dean, Associate Dean and Senior Indigenous Fellow in relation

to enrichment, the integrated learning team and extra-curricular activities for students.

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3.9 Develop activities that bring the student group together especially integrating students into the

group from the start of their course but also including

- holding regular events with students/alumni/staff throughout the semester

- providing a dedicated space in the building for students

- ensuring flexibility in both course planning and management of student needs eg class

recordings,

- ensuring adequate dissemination of information

3.10 Develop a co-ordinating framework for tasks involving the Associate Dean, the Assistant Dean

and the Senior Indigenous Fellow and the JD Course Directors across all Law School activities

3.11 Work towards building the Indigenous workforce along the model in Medicine led by

Professor Sandra Eades supported by well qualified more junior Indigenous professional (and

academic) staff to work in support, recruitment and related areas.

3.12 Develop on-going links with Murrup Barak

3.13 Develop specific mentoring program, more alternatives to corporate clerkships, consider a

scheme for payment for clerkships, expanding community and profession links, especially

through an Alumni network and links with legal firms undertaking work for Indigenous

Communities.

3.14 Encourage greater engagement with recent graduates, both indigenous and non-indigenous

including informal events such as lunches or dinners, workshops, a mentoring program with

recent graduates as well as more senior lawyers (both Indigenous and non-Indigenous) and

pathways into legal and non-legal organisations as well as research opportunities.

3.15 Encourage Alumni to be involved with students as well as other activities at the Law School

3.16 Develop mechanisms to ensure that students are employed as Research Assistants

3.17 Involve students in Law School initiatives such as curriculum review and ensure payment for

this work.

3.18 Encourage involvement in the Visiting Indigenous Scholar and Elder in Residence programs.

3.19 Encourage interconnectedness between the Melbourne Law School and other institutions in

New Zealand, Canada and other Australian Universities

4. Curriculum

4.1 Actively promote curriculum change and inter-cultural capability at the Melbourne Law

School, the University and in the boarder profession:

- adopt and apply Universities Australia goals for cultural competency in Australian

Universities

- ensure that JD course and subject goals, objectives and outcomes incorporate inter-cultural

capability as an outcome

- Ensure that inter-cultural capability is a Graduate attribute and develop a strategy for

achieving it

- Lead the work with CALD and Law Admissions Consultative Committee to mandate inter-

cultural capability as a legal accreditation standard for Australian law courses

- Lead the work with CALD and Law Admissions Consultative Committee to further develop

Priestley 11 subject descriptions to include appropriate references to Indigenous

knowledges, laws and experiences

- Lead the work with CALD, relevant admission authorities under the Legal Profession Uniform

Law

and the broader legal profession such as industry bodies (the Law Council of Australia

and Law Societies), Judges and Indigenous lawyers and lawyers associations to mandate

inter-cultural capability in the Priestley 11

Legal profession Uniform Law application Act 2014 (Vic) and equivalents in other jurisdictions

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- Work with the broader legal profession to embed inter-cultural capability into the Model

Admission Rules for Legal Practitioners, professional standards and continuing professional

development. (See Canada Model Code for of Professional Conduct)

4.2 Short term activities:

- Review subject outcomes to ensure intercultural capability is an identified outcome.

- Continue the work undertaken to provide curriculum material for incorporation into all

compulsory subjects

- Identify electives in which Indigenous knowledges, laws and perspectives might be

incorporated and provide support for that curriculum work

- Provide oversight of Reading Guides (particularly in compulsory subjects) to ensure that any

changes are monitored and that the material remains in the curriculum. This might form part

of the Associate Dean role in conjunction with the relevant JD Director.

- Link with University and community resources for training for teaching staff in the area of

Indigenous curriculum and inter-cultural capability.

- Encourage and reward curriculum innovation and include curriculum development,

undertaking the staff development and training in Performance Development Framework

according it a value commensurate with the importance of the work

- Link with Alumni, Indigenous lawyers and Community in developing and teaching Indigenous

related curriculum including on country curriculum

- Increase the subject offering of Indigenous related subjects in the JD and LLM and ensure

that Indigenous students can enrol

- Investigate flexible learning and teaching modes in elective subjects including placements in

relevant Indigenous organisations (in addition to the Legal Internships)

- Consider a compulsory First year subject on Indigenous Legal Traditions and/or a capstone

subject incorporating Indigenous Knowledges and laws.

- Consider developing a subject around Indigenous laws and perspectives that complements

Comparative Indigenous Rights. This might include comparative Indigenous laws or focus on

International law related issues such a DRIP and the Permanent Forum. The subject might be

offered in a variety of formats, for example in the manner of Institutions in International Law

and the Global Lawyer or in conjunction with other institutions in Canada, New Zealand or

the USA.

- Encourage and facilitate students, especially Indigenous students, to undertake exchanges to

Institutions with strong Indigenous programs

- Develop a data base of best practice Indigenous curriculum from Australian and

international law schools to assist both short and long term Curriculum development

- Establish a relationship with the Indigenous Knowledge Institute to support curriculum

change and development both in the short and long term.

4.3 Longer term activities

- Establish a Curriculum Commission to review all aspects of the JD curriculum and to rewrite

the curriculum to acknowledge the obligations in the meeting of two legal systems and

embed Indigenous knowledges, law and perspectives (UWA calls this Indigenisation of the

curriculum, CSU calls it embedding cultural competence). Clarification of purpose is critical,

and we recommend consideration of the language of Indigenisation).

- The composition and structure of the Commission is a matter for the Melbourne Law School

and there are models in Australia and elsewhere to be drawn on. However we suggest the

following as a starting point:

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 The Commission consist of an Advisory Board including senior indigenous

legal scholars, indigenous and non-indigenous representatives of the legal

profession, indigenous community and relevant community organisation

representatives, experienced indigenous curriculum scholar/s, Indigenous

and non-indigenous Melbourne Law School staff, and the Dean.

 Dedicated staff, including Indigenous legal staff to undertake the work for

the Commission

 In conjunction with the Advisory Board develop a strategy of consultation

with students, including Indigenous students, Melbourne Law School

academic staff, including Indigenous staff, indigenous lawyers, communities

and community organisations

5. Recruiting Indigenous academics

5.1 Establish a working group to conduct search and discussions

5.2 Develop a strategy for employment involving clear goals in a Performance Development

Framework including leadership, workload, support, and remuneration for senior and junior

academics and ensure that appropriate value is given to Indigenous obligations and leadership

in both the level of appointment, Performance Development Framework and promotion. Use

this as a basis for targeted discussions with potential Indigenous academics.

5.3 Establish a goal of at least two staff members initially with a strategy for increasing the

number.

5.4 Develop a strategy for employing Indigenous professional staff

5.5 Identify possible doctoral students/academics in JD and develop packages to support them

through post-doctoral studies and early years of employment. Ensure flexibility in work load

allocation to enhance doctoral success

5.6 Develop a generous doctoral scholarship and support program and target indigenous lawyers

and early career scholars across the country. We note the dedicated Ph D scholarship each

year and the APA Top up of $10,000. We recommend that this top up be increased so that it is

commensurate with financial support offered at other institutions. The early career Academic

Fellowships should be maintained.

5.7 In the absence of indigenous academics establish partnerships to ensure Indigenous co-

supervision of doctoral students.

5.8 Explore joint Doctorates with comparable Universities in Canada (especially UBC and

University of Victoria), New Zealand and the US.

5.9 Identify Indigenous lawyers and Indigenous scholars in law and other relevant disciplines for

short term appointment/fellowships. This might be very valuable in conjunction with the Elder

in residence program. Consider participating in the Jawun Development program (or similar

program) supported by the University’s Reconciliation Action Plan 2018-2022.

5.10 Establish a mentoring program of young scholars by senior staff and Indigenous academics

from elsewhere. In this (and other) contexts continue the Visiting Indigenous Scholar program

as a high priority and encourage both international and local indigenous scholars to

participate. Ensure flexibility in the program including non-legal Indigenous scholars.

6. Support and communicate research

6.1 While major progress in this field is dependant upon a body of Indigenous staff, there are some

initiatives that might be commenced in the short term:

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- Provide an internal clearinghouse for Indigenous related research, policy work, teaching

and learning and give Indigenous related research some prominence on the website

- Establish a public policy clearinghouse as both a web-based and email subscription

based service.

- Highlight visitors and facilitate joint research projects by providing resources in kind or

directly,

- Establish specific Fellowships for Indigenous scholars eg Auckland - NZ Rutherford

scholarships – year long fellowship to investigate a specific issues.

- Encourage and fund research projects that include Indigenous researchers at the

University of Melbourne or other institutions

- Encourage and fund research relationships with Indigenous communities

- Ensure engagement and public value is adequately rewarded in the Performance

Development Framework and promotion process

6.2 In the longer term, in consultation with the Indigenous Communities and scholars, establish an

Indigenous controlled and managed research centre.

- Negotiate the establishment, management and agenda with Indigenous Communities and

legal scholars. Indigenous staff required to lead these negotiations.

- Establish the Centre based on principles of Indigenous self-determination in management

and control

- Establish the Centre under the Melbourne Law School umbrella but have independence

consistent with Indigenous management and control.

- All the Melbourne Law School Indigenous related research would be conducted through the

Centre in consultation and/or jointly with Melbourne Law School Research Centres. This

would involve joint research, consultancies and outward facing activities

- Establish links to similar Research Units in Canada, US and New Zealand and possibly in

Australia facilitating exchanges, joint academic programs including doctoral programs.

- Establish links to broader University initiatives including the Indigenous Knowledge Institute

7. Alumni

7.1 Update details of Alumni and contact them with proposals for engagement

7.2 Develop events that bring Alumni to the building as participants or attendees, especially events

involving students such as guest lectures, seminars and workshops on topical issues such as

Constitutional Recognition or the Victorian Treaty Process

7.3 Provide opportunities for regular involvement in teaching, research activities, advisory bodies

and policy work being undertaken by Melbourne Law School academics in relation to topical

issues

7.4 Negotiate with Alumni to develop profiles for inclusion on the website, photos in the building

and in publications

7.5 Negotiate with Alumni in relation to mentoring students, providing clerkships and internships

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CONSULTATIONS

Students and former students

Tyson Holloway

Audrey Packer Cook

Kassie McAlear

Art Pitchford

Clinton Benjamin

Karri Walker (Former student)

Melbourne Law School staff

Mr Eddie Cubillo, Senior Indigenous Fellow Melbourne Law School

Professor Pip Nicholson, Dean Melbourne Law School

Professor Matthew Harding, Deputy Dean and Chair of the Melbourne Law School Reconciliation

Committee

Associate Professor Shaun McVeigh

Professor Ian Malkin, Director, the Melbourne JD

Professor Anna Chapman, Associate Dean, the Melbourne JD

Professor Kirsty Gover, Associate Dean Indigenous Recognition

Associate Professor Ann Genovese

Dr Olivia Barr

Associate Professor Chantal Morton, Director of the Office for Teaching and Learning in Law

Ms Judith Marychurch Assistant Dean, Teaching and Learning

Melbourne Law School Reconciliation and Recognition Committee including, Professor Matthew

Harding, Dr Kylie O’Connell. Professor Ian Malkin, Professor Lee Godden, Mr Eddie Cubillo, Kate

Doherty

Mr Tim Goodwin, Barrister, Teaching Fellow 2019

Other

Professor Mark McMillan Deputy Pro Vice-Chancellor RMIT

Professor John Borrows University of Victoria Canada

Professor Camille Cameron, Dean, University of Dalhousie Schulich School of Law

Dr Ambelin Kwaymullina University of Western Australia

Josh Cubillo, Manager Indigenous Programs, Faculty of Medicine, Dentistry and Health Sciences,

University of Melbourne

Participants in Indigenous Cultural Competency for Legal Academics Program Workshop, Southern

Cross University July 2019 including: Dr Marcelle Burns, Dr Heron Loban, Ms Mary Spiers (Sub Dean

Undergraduate Indigenous Studies ANU, Eddie Cubillo, Narelle Bedford, Annette Gainsford,

Associate Professor Alison Gerard, Professor Simon Young, Associate Professor Jennifer Nielsen

53 | Page

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