This unit will explore statutory schemes that provide for personal injury compensation across Australia. Traditionally compensation for personal injuries was governed by tort law, and, in particular, the law of negligence. A plaintiff would have to prove that the defendant owed a duty of care, was negligent in the performance of their duty and that their negligence caused the plaintiff’s injuries.
Today a multitude of statutory schemes govern personal injuries compensation providing no-fault compensation schemes or restricting a person’s right to claim compensation.
The National Disability Insurance Scheme is the latest development to remove compensation from the ‘lottery’ of litigation. A legal practitioner must be aware of the schemes and limitations that exist if they are to properly advise their clients on rights and liabilities in this complex and often confused area of law.
This course will introduce students to various schemes available in Australia and the criteria for eligibility for compensation as well as the limits that the schemes impose.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
At the completion of this course students will:- be aware of an understand recent developments in the area of personal injuries compensation law.
- have reflected on how these developments may impact upon their professional practice.
- have demonstrated cognitive, technical and creative skills to analyse and synthesise complex information in order to identify the relevant legal issues that arise on a given set of facts and will apply established principles of practice to those facts.
- have demonstrated communication and technical research skills in order to explain the law and its application to both a specialist (peer) and non-specialist (client) audience.
- have demonstrated their knowledge of research principles and methods to enable them to identify the current law.
- Workers Compensation Schemes;
- Motor Accident Compensation Schemes;
- Catastrophic injury compensation schemes;
- Criminal Injuries compensation;
- The National Disability Insurance Scheme;
- The role of lawyers in personal injury practice including issues relating to professional practice (eg restrictions on advertising) and potential areas of liability (eg failure to meet timelines required by the legislation).
Other Information
Online Semester 2, 2014Indicative Assessment
Students must rely on the Means of Assessment which will be available on the Wattle course site a week before the semester commences.
It is proposed that the assessment for this course will consist of the following,
- Task 1: Online group participation.
- Task 2: Prepare a brief of advice for your client to make recommendations on their rights to personal injuries compensation.
The ANU uses 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. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Equivalent of 26 contact hours through WATTLE plus private study time of 39 hours per semester (ie 5 hours per week)Requisite and Incompatibility
Prescribed Texts
There will be no set text. Learning materials including references to relevant legislation and case law will be made available via Wattle. Students will also be expected to research and locate their own relevant references.Preliminary Reading
A Course Outline will be available on the Wattle course site a week prior to the commencement of the course.
Assumed Knowledge
All students must have a qualifying law degree (LLB or JD or equivalent) and have completed studies in Torts law.Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2015 | $2958 |
- International fee paying students
| Year | Fee |
|---|---|
| 2015 | $4146 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Second Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 3143 | 20 Jul 2015 | 07 Aug 2015 | 31 Aug 2015 | 30 Oct 2015 | In Person | N/A |
