What’s Acknowledgement of Country got to do with a law degree?

Published Mar 17, 2025, 4:00 PM

Law students who refuse to perform an Acknowledgement of Country will be failed. Janet Albrechtsen unpacks what it means for the law – and Australia.

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This episode of The Front is presented by Claire Harvey, produced by Kristen Amiet and edited by Jasper Leak, who also composed our music. Our team includes Lia Tsamoglou, Tiffany Dimmack, Joshua Burton, and Stephanie Coombes.

From the Australian. Here's what's on the front. I'm Claire Harvey. It's Tuesday, March eighteen, twenty twenty five. Treasurer Jim Chalmers has revealed what he really thinks about US President Donald Trump's tariffs in a major pre budget speech at the Queensland Media Club on Tuesday. He'll call the duty's economic self harm. Australia is unlikely to meet most of Labour's twenty thirty climate goals, so the party has quietly removed its modeling from its website. You can read that exclusive story right now at the Australian dot com dot au. The University in Sydney will fail law students who refuse to perform an acknowledgment of country, or if they don't do it with enough enthusiasm. But what's that kind of formality got to do with a law to go? And how does acknowledgment of country fit in today's Australia. That's today's story.

Are you ready?

Here is the lands, Here is the sky planes, meetings, school assemblies, and thank.

The people of the wine Tree and barn.

If modern Australia has a sound, it's the acknowledgment of country.

We acknowledge the traditional owners and custodians of the Daru peoples.

The Gatigel people of the Eora nation, the.

People of the Southern Highlands.

We respect their spiritual relationship with their country. But there's a new twist. If you don't do it properly, you might not pass your unicorse.

Governed over the weekend that there is a marking rubric for one of the courses at Macquarie Law School. The course is called Age and the Law, which is a fairly innocuous sounding subject about the way that the law impacts on children and older people.

Janet al Breton is a columnist with The Australian and she also has a doctorate in juridical studies. She's worked as a solicitor in commercial law.

And I discovered that in the marking rubric for one component of this course, students are required it's mandatory to deliver an acknowledgment of country. If you're non indigenous or if you are a member of the local tribe, then you deliver a welcome to country, so obligatory for all students, and if you don't present it at the beginning of your oral presentation in the way that has been set down by the marker, or if you don't do it in a way that was appropriate, or if there is significant room for improvement, or if you didn't show enough cultural respect when delivering it, you fail, which is pretty extraordinary, Claire. I must say I had to read it a couple of times to really understand that they were literally compelling a form of political speech in the classroom in the law school. I've never seen anything quite like this, and you know, you wonder what else is going on.

Would this kind of thing have been in vogue when you were at law school, Claire.

I don't recall one ounce of politics in Adelaide Law school in the eighties. When I was there. It didn't even cross my mind that it might be there, or should it be there. We were literally taught law. The subjects were very classically legal subjects, contract equity, criminal law. When you look at the curriculum now in law schools, it is infused with politics, its gender and the law. When I left a law firm a number of years ago, I taught for a while at Sydney Law School and what really turned me off and why I stopped teaching, was because the subjects were so infused with politics, and I didn't want to teach politics. I wanted to teach law. And I do think that we are letting down students who pay a hell of a lot of money to be trained in the law.

Yeah. This is the intersection of two themes that come up very frequently in your writing, the law and the way it's taught, and freedom of speech and the idea that we can have different opinions. The idea of acknowledgment to country or welcome to country has really become a bit of a shibbalith, hasn't it? For the progressive classes, the university classes in Australia it has.

And look, it's not just the university classes, Claire. You would find up until I think the decision on the Voice, there were many boardrooms where there would be an acknowledgment to country. There would be audit committee meetings within the board where there was an acknowledgment to country. It got really really silly, and it was overused and it was wrote read and there was no real meaning to it. I think the only outcome was that it annoyed a lot of people and it lost its worth. And I'm sure there is a cultural worth to both an acknowledgment of country and a welcome to country. In some areas.

Yeah, so there's welcome to country. Let's talk about that in a moment. But first acknowledgment of country, which is meant to be read by someone who is not of the local people that are not necessarily Aboriginal, but they are acknowledging that we're meeting on the lands of such and such people. The interesting thing about that is how ubiquitous it's become in the public sector. I know people in the public sector who say that at any meeting with more than three or four people, there's an expectation that an acknowledgment of country will be read, even if they're meeting over zoom and they're all in different places. How do you think that has become so embedded in the fabric of our our public service.

I think it's got this quasi religious aspect to it, Claire. I mean, we did away with the daily prayer. If we're in court, we can affirm or give an oath. But the acknowledgment to country now is there is a religious fervor with which it's applied but not necessarily delivered. I think it's often delivered with a sense of utter resignation that it has to be done. There was a court sitting or an address at the New South Wales. I think it was a Federal court or Supreme Court where every single person who addressed the court gave an acknowledgment of country. I think there were ten. Unfortunately, it's been so overused that it ends up dividing people. It has absolute opposite effect on people. And I think when you start mandating it at a law school and you threaten to fail students if they don't deliver it with the right amount of fervor, we have really gone too far. And I think it's an indication. If that's what is happening in one class, what else is happening in other classes?

Now?

Macquarie University's response to from the Australian was that it does not apply to all oral presentations at Morquarie University. Well, how many does it apply to? And what about other universities? And I just wonder what is the next step here? Is there going to be an investigation into the level of what I see as political activism in the lecture room at Macquarie Law School? Who cares? Does anyone care? That this has happened.

Coming up. Where do university's obligations on freedom of speech sit with their rules about everything else?

Janet.

The big football codes were very early adopters of acknowledgments to or welcomes to country. The Alat Football Club we like to acknowledge there's a land we meet on today. It's a traditional land on the Ghana people. And last year, at the end of the football season for both the AFL and the NRL, we saw some controversy arising about it. After one of the AFL finals there was a speaker who caused some controversy. I heard that particular speaker, Uncle Brendan Karen, actually speaking at another event.

Within Australia, we have many Aboriginal lands and we refer to our lands as country, so it's always a welcome to the lands you're gathered on. All Welcome to country is not a ceremony that we've invented to cater for white people. It's a ceremony we've been doing for two hundred and fifty thousand years plus BC and the BC stands for before Cook.

That triggered a big debate in the AFL community. Then the Melbourne storm in the NRL said that they would be re examining their use of acknowledgments or welcomes to country and they would let their actions rather than their words, speak for how they incorporate indigenous culture. And of course the other cultures specific are maldi people who play with them. Where do you think we're at in a broader culture, Janet? Are we seeing a backlash or a lack of interest in these ceremonies spreading now?

Yes, I think one of the advantages of the voice devot and there were there were lots of awful parts to it. It got very vicious, I think at times. But one of the lasting effects is that we have been able to have this discussion around an acknowledgment of a welcome to country. We've seen it at the Australian with our readers. A lot of people are pushing back on it. A lot of people are explaining why they don't like it. They're wondering why it's become so obligatory and that it's overused.

Do you think there's a kernel of well meaning intent behind all of this, Janet, that you well meaning people are concerned about Aboriginal incarceration rates or child poverty, rates and feel that they want to do something and feel that this is the kind of thing that they can do in their own lives.

I'm sure there is, Claire, I have absolutely no doubt about that. I haven't met in Australia who doesn't care about the high incarceration rate, the welfare issues, the violence, the drugs, the educational failings for Indigenous children. But I'm not sure that delivering an acknowledgment does anything. And I think if we trick ourselves into thinking by giving an acknowledgment at a zoom meeting with two other white people that we are somehow doing something useful, we're deluding ourselves. I think there are other things we can do, and then I think there are a whole batch of other people who are just doing it because they're forced to, And what is the value of that.

It's interesting too, isn't it? Because universities said when they had encampments of pro Palestinian groups that they weren't able to dictate what students were allowed to do on campus. You know, they had to expect students freedom of speech. And if that meant that Israeli or Jewish students felt discriminated against, well it wasn't the university's problem. How do those two things square up?

Well, they don't do though. If they can't discipline a pro Palestinian academic or students for acts of anti Semitism, and yet they can fail a student for not delivering a force of compelled political speech, they don't square off at all. They don't make sense. And that's where universities, I think sadly, are losing credibility. They're losing trust and respect with the public. And these are public institutions and they need to have the legitimacy that arises from us believing in them and in students believing in them. Again, I don't think it's good enough. We have to work out how that changes, because nothing so far has put a rocket under the backside of the governing councils of Australia's biggest universities.

Janedal Bregson is a columnist with The Australian and you can read her writing right now at The Australian dot com dot a

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