This course has been designed for either:

Lawyers and decision makers who practice in, or who desire an understanding of Commonwealth Compensation Law relating to injuries at work; or

Commonwealth employees who are in management, human resources, personnel or legal sections where a detailed understanding of Commonwealth Compensation law is desirable.

This course will give students an understanding of the practical application of the Safety Rehabilitation and Compensation Act 1988 (the SRC Act).

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Describe and apply the practice and procedure of challenging a Determination made under the SRC Act.
2. Demonstrate an understanding of the core entitlement principles for compensation under the SRC Act.
3. Critically analyse and evaluate a Determination under the SRC act to accept or deny an entitlement to compensation.
4. Identify the relevant legal issues that arise on a given set of facts.
5. Summarise, analyse and debate whether a Determination made under the SRC Act was made according to the legislation and current case law.
6. Interpret, analyse and propose whether an employee under the SRC Act is entitled to compensation based on a number of predetermined facts.
7. Hypothesise and critically debate whether an entitlement to compensation may change given a change in a set of facts which had earlier entitled an employee to compensation under the SRC Act.

Required Resources

Annotated Safety, Rehabilitation and Compensation Act 1988 11th Edition Sutherland, Bollard and Anforth. This text is available at the Co-op Bookshop on campus. Contact the Co-op Bookshop by telephone (02 6249 6244) or on-line at http://www.coop-bookshop.com.au/.

Recommended Resources

Students may wish to read Lees v Comcare (1999) 56 ALD 84. This decision discusses the structure of the compensation provisions and how the SRC Act determines claims around injuries and not work place incidents. 

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access

virtual through http://virtual.anu.edu.au/login. Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia.

Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year. The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Resources: The Compensation Scheme Annotated SRC Act Practitioner's Guide Lees v Comcare (1999) 56 ALD 84	Discussion Forum: Familiarize yourself with the course website. Read through the course outline. Send an initial posting to the discussion board, introducing yourself Short Answer: Nil
2	Resources: Making a Claim and the Decision making process Annotated SRC Act ss. 53, 54, 60, 61, 62, 63 and 64	Discussion Forum: Exercise 1: Post a Discussion in the Discussion Forum by Friday, 02 August 2019 5.00pm (AEST) Short Answer Exercise 1: Post short answer to Assessment Drop Box by Friday, 02 August 2019 5.00pm (AEST)
3	Resources Injury and Disease Aggravation and Acceleration and the Gateway Sections Annotated SRC Act ss. 4, 5A, 5B and 7 Comcare v Canute (2005) FCAFC 262	Discussion Forum: Exercise 2: Post a Discussion in the Discussion Forum by Friday, 09 August 2019 5.00pm (AEST) Short Answer: Exercise 2: Post short answer to Assessment Drop Box by Friday, 09 August 2019 5.00pm (AEST)
4	Resources: The Exclusory Provisions Annotated SRC Act ss. 4, 7, and 14 Commonwealth Bank of Australia v Reeve (2012) FCAFC 21	Discussion Forum: Exercise 3: Post a Discussion in the Discussion Forum by Friday, 16 August 2019 5.00pm (AEST) Short Answer: Exercise 3: Post short answer to Assessment Drop Box by Friday, 16 August 2019 5.00pm (AEST)
5	Resources: S.16 Medical Expenses Annotated SRC Act s.16	Discussion Forum: Exercise 4: Post a Discussion in the Discussion Forum by Friday, 23 August 2019 5.00pm (AEST) Short Answer: Exercise 4: Post short answer to Assessment Drop Box by Friday, 23 August 2019 5.00pm (AEST)
6	Resources: Loss of Property Death and Funeral Expenses Annotated SRC Act ss. 15, 17 and 18	Discussion Forum: Exercise 5: Post a Discussion in the Discussion Forum by Friday, 30 August 2019 5.00pm (AEST) Short Answer: Exercise 5: Post short answer to Assessment Drop Box by Friday, 30 August 2019 5.00pm (AEST)
7	Resources: Incapacity Payments Annotated SRC Act s.19	Discussion Forum: Exercise 6: Post a Discussion in the Discussion Forum by Friday, 20 September 2019 5.00pm (AEST) Short Answer: Exercise 6: Post short answer to Assessment Drop Box by Friday, 20 September 2019 5.00pm (AEST)
8	Resources: NWE Assessment Annotated SRC Act ss. 8 and 9	Discussion Forum: Exercise 7: Post a Discussion in the Discussion Forum by Friday, 27 September 2019 5.00pm (AEST) Short Answer: Exercise 7: Post short answer to Assessment Drop Box by Friday, 27 September 2019 5.00pm (AEST)
9	Resources: Permanent Impairment Annotated SRC Act ss. 24 and 27 Fellowes v MRCC (2009) HCA 38	Discussion Forum: Exercise 8: Post a Discussion in the Discussion Forum by Friday, 04 October 2019 5.00pm (AEST) Short Answer: Exercise 8: Post short answer to Assessment Drop Box by Friday, 04 October 2019 5.00pm (AEST)
10	Resources: Common Law Claims Annotated SRC Act ss. 44 and 45	Discussion Forum: Exercise 9: Post a Discussion in the Discussion Forum by Friday, 11 October 2019 5.00pm (AEDT) Short Answer: Exercise 9: Post short answer to Assessment Drop Box by Friday, 11 October 2019 5.00pm (AEDT)
11	Resources: Practice and Procedure and Evidence in the AAT Annotated SRC Act Paragraph 59.02 Discussion Forum Exercise 10: Post a Discussion in the Discussion Forum by 5.00pm Short Answer Exercise 10: Post short answer to Assessment Drop Box by 5.00pm	Discussion Forum: Exercise 10: Post a Discussion in the Discussion Forum by Friday, 25 October 2019 5.00pm (AEDT) Short Answer: Exercise 10: Post short answer to Assessment Drop Box by Friday, 25 October 2019 5.00pm (AEDT)
12	Resources: Appeals to the Federal Court and the AD(JR) Act Administrative Appeals Tribunal Act s. 44 Administrative Decisions (Judicial Review) Act 1977 ss. 5, 6 and 7	Discussion Forum: Nil Short Answer: Nil Assessment 3 due: Friday, 25 October 2019 11.55pm (AEDT)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
10 Weekly Short Answer Exercises (40% Mark Value)	40 %	25/10/2019	01/11/2019	1,2,3,4,5,6,7
10 Discussion Forum Posts (10% Mark Value)	10 %	25/10/2019	01/11/2019	1,4,7
Essay (50% Mark Value)	50 %	25/10/2019	28/11/2019	1,2,3,4,5,6,7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019.

Australian Eastern Daylight Time (AEDT): from 7 October 2019 to 5 April 2020.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

10 Weekly Short Answer Exercises (40% Mark Value)

Format: A short exercise each week for ten weeks on individual topics

Submission Date:

• Week 2: Friday, 02 August 2019 5.00pm AEST
• Week 3: Friday, 09 August 2019 5.00pm AEST
• Week 4: Friday, 16 August 2019 5.00pm AEST
• Week 5: Friday, 23 August 2019 5.00pm AEST
• Week 6: Friday, 30 August 2019 5.00pm AEST
• Week 7: Friday, 20 September 2019 5.00pm AEST
• Week 8: Friday, 27 September 2019 5.00pm AEST
• Week 9: Friday, 04 October 2019 5.00pm AEST
• Week 10: Friday, 11 October 2019 5.00pm AEDT
• Week 11: Friday 25 October 2019 5.00pm AEDT

(Please note: The Due Date listed in the Assessment Summary is the date relating to the due date of Week 11 submission. For the due dates for Weeks 2- 10, please refer to the information above).

Length: The total word length for each weekly exercises should not exceed 200 words.

Estimated Date of Results: Within 2 weeks of the exercise submission date.

Assessment Criteria:

Understanding of the Issues

• addresses the question
• evidence of consideration of the question
• material chosen relates clearly to the topic and is analysed, not just summarised or quoted

Extensively Argument/Analysis

• originality of ideas and analysis of the material
• suggestions for change where appropriate
• consideration of opposing arguments
• evidence of research
• adherence to word limit

Assessment Task 2

10 Discussion Forum Posts (10% Mark Value)

Format: Students are required to take part in the on-line discussion forum on WATTLE

Submission Date: 

• Week 2: Friday, 02 August 2019 5.00pm AEST
• Week 3: Friday, 09 August 2019 5.00pm AEST
• Week 4: Friday, 16 August 2019 5.00pm AEST
• Week 5: Friday, 23 August 2019 5.00pm AEST
• Week 6: Friday, 30 August 2019 5.00pm AEST
• Week 7: Friday, 20 September 2019 5.00pm AEST
• Week 8: Friday, 27 September 2019 5.00pm AEST
• Week 9: Friday, 04 October 2019 5.00pm AEST
• Week 10: Friday, 11 October 2019 5.00pm AEDT
• Week 11: Friday 25 October 2019 5.00pm AEDT

(Please note: The Due Date listed in the Assessment Summary is the date relating to the due date of Week 11 submission. For the due dates for Weeks 2- 10, please refer to the information above).

Length: Posts do not have minimum word requirement. However posts can not exceed 200 words as this is a discussion forum.

Estimated Date of Results: As this is a discussion forum students will receive their mark out of 10 for their discussion posts at the end of the course.

Assessment Criteria:

Preparation and understanding of the material

• consulting and reading pre-assigned materials
• linking material between various aspects of the class

Thinking critically about the material

• looking at questions from different angles
• questioning assumptions
• use of language

Expressing ideas clearly

• so that other students and the instructor can understand them
• use of relevant examples
• engaging with other students in the discussion
• including encouraging others to speak
• responding to what other have said
• being respectful for a range of views and opinions
• if possible, linking material with your own background and knowledge which involves relating the material to your own personal and professional experience

Assessment Task 3

Essay (50% Mark Value)

Format: Essay Paper

Submission Date: Friday, 25 October 2019 11.55pm (AEDT)

Length: 4,000 words

Estimated Date of Results: Thursday, 28 November 2019

Assessment Criteria:

Content

• answering the question asked
• analysis and identification of the legal issues raised from the questions
• legal principles states/explained and debated with accuracy
• relevant facts recognized, analysed and debated with regard to the legal principles
• analysis, discussion and debate where a set of facts change
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’
• originality/innovation in approach to issues
• clear conclusions

Research

• research covering primary and secondary materials
• •good organization of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration

Structure/organisation

• emphasis on the significant issues
• answer is coherent and structure logical Expression
• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography where appropriate
• style according to Australian Guide to Legal Citation where
• appropriate adherence to word limit

Communication and Development of Arguments

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission not permitted - If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Extensions late submission and penalties - https://law.anu.edu.au/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students