New technology has brought with it enhanced concern over the collection and use of private information. The government continues to at least express a belief in the benefits of the free access to information as a means of enhancing the effectiveness and legitimacy of government. Whistleblowing is recognised as a valid mechanism of government accountability but only in limited circumstances. Disclosure as a means building, and destroying, reputations is increasingly being used as a regulatory tool. This course seeks to bring these issues together in examining the legal issues arising from the access, collection, use, storage and disclosure of information in its various forms.

This course will look at the various ways in which the legal system either seeks to maintain the secrecy of information, or encourages its dissemination. It will look at the different ways in which information is treated when held by government as opposed to private entities. It will also use information as a vehicle to examine the law reform process through the responses to the changing way in which information is being generated and viewed in our society.  

Learning Outcomes

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

1. By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:
2. - Explain, distinguish and apply the fundamental legal principles relating to the access, collection, use, storage and disclosure of information in its various forms covered in the course
3. - Identify and use a range of legally specific research principles, methods and tools appropriate to respond to a factually complex problem relating to how information can be accessed or disclosed;
4. - Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to a complex current law reform issue in relation to the access, collection, use, storage and disclosure of information; and
5. - Plan and conduct a legal research project both through collaboration with others and then with intellectual independence.

Research-Led Teaching

This course will look at the various ways in which the legal system either seeks to maintain the secrecy of information, or encourages its dissemination. It will look at the different ways in which information is treated when held by government as opposed to private entities. It will also use information as a vehicle to examine the law reform process through the responses to the changing way in which information is being generated and viewed in our society.  

Field Trips

None. There may be a number of guest speakers invited to participate in the course.

Required Resources

There are no prescribed textbooks for this course. Students will be asked to engage with the various on-line materials and links to external sources made available in the weekly preparation guides.

Recommended Resources

There will be recommended reading in each of the weekly preparation guides.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introductions and the nature of information
2	Regulating information v informing regulation
3	Common law regulation of information: Confidentiality and Defamation
4	Regulation of Political Speech
5	Privacy Protection in Australia	Presentations start
6	Privacy - international comparisons
7	Surveillance and Cyber security
8	Access to government information
9	Whistleblowing and Disclosure of Corporate Activity
10	Other examples of disclosure as a regulatory tool
11	The future?: Regulation of Artificial Intelligence
12	Review	Group Feedback due

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
On-line quiz	0 %	19/08/2019	19/08/2019	1,2
Workshop and Resource Base	35 %	25/10/2019	25/10/2019	1,2,3,4
Workshop comments	5 %	25/10/2019	08/11/2019	3,4
Essay	60 %	25/10/2019	25/10/2019	1,2,3,4

* 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

While there are no general participation requirements, students should note that the assessment tasks include commenting on workshops presented by other student groups. There will also be a seminar run each week to provide an overview of the main legal principles to be discussed in the following week's workshops which students will be expected to attend and the contents of which will be assumed knowledge for the purpose of all assessment tasks.

Assessment Task 1

On-line quiz

Brief Description: There will be an optional on-line quiz to review students understanding of the material and discussion in weeks 1-4 of the course. The quiz will include multiple choice, matching and short-answer questions using the wattle quiz module with immediate feedback provided to students. The quiz should take approximately 20 minutes to complete.

Nature of Task: Optional. Failure to complete the task will mean that an opportunity for feedback before 50% of the course is complete is lost.

Weighting: 0%

Release: The quiz will be released at the end of week 4 via Wattle.

Due Date: Students will have until the end of week 6 to complete the quiz via Wattle. Late submissions will not be accepted.

Feedback: Students will receive feedback as soon as they have completed the quiz.

Assessment Criteria:

• Understanding of the foundational material and principles of law discussed during the first 4 weeks of the course.

Assessment Task 2

Workshop and Resource Base

Brief Details:

An important element of this course is to collaborate with others in the presentations, preparing resources and constructively reflecting on the presentations of others. Students will be able to form their own groups if they want to, and then have a choice of which seminar they will present (ie the specific time and date) and what topic they will discuss. All groups should be finalised by Monday 5th August 2019. More information about forming groups, enrolling in presentations and topics available as well as guidance with working in groups will be available in the Seminar Guide on the wattle site. There are two components to this group task, a workshop and a resource base.

A) Workshop

Students will work in groups of 5-7 students (depending on overall class numbers) to run a 50-minute workshop on their chosen topic. There will be a choice of topics for each of weeks 5-12 from which students can select. Groups will not be able to select the same topic as another group unless both groups and the lecturer agree. The style and structure of the workshop, presentation style, use of slideware or other media, prior reading, handouts, etc will all be at the discretion of the group. It is hoped that groups will be as creative as possible so as to maximise the effectiveness of the workshop as a whole. It is expected that each group will have to do considerable research on their chosen topic. Note that workshops will be digitally captured (for example by using the Echo360 Active Learning Platform). Further details of how to enrol in groups and a list of possible topics will be provided in the Presentation Guide on the course wattle site.

B) Resource base

Each group will create a resource base for their workshop which will be made available to other students. The resource base is intended to provide complementary information on the issues considered in the workshop and references to assist other students in understanding or reflecting on any issues raised. Each resource base will be made available on the course Wattle site and so must be in a form that can be uploaded onto that site. Again creatively is encouraged. Each group should select a format that suits the topic in question and enhances the usefulness of the resource base. The resource base should not simply be a transcript of the workshop presentation.

Nature of Task: Compulsory. Failure to submit either of the tasks (or both) will result in a 0 for this task.

Weighting: 35%. Students will receive one mark for both their workshop and resource base.

Release: Students will be able to choose their groups and preferred workshop topic in the first two weeks of semester.

Word limit: The resource base should be the equivalent of about 5000 words although this may vary depending on the number of students in the group and chosen format (eg use of different media, etc). There will be no penalty for exceeding the word limit but the criteria for assessment will reward conciseness and concentration on the important elements of the topic.

Due Date: Presentations held between weeks 5-12 as allocated. The resource base is due 9 am on the morning of the presentation, submitted via the wattle site by attaching the resource base to a new topic in the Presentation Discussion Board. Due to the nature of the task, it will only be possible to shift the date of the presentation in exceptional circumstances. Late submissions (without an extension) of the resource base will be accepted, although a late penalty will apply.

Citations: Students should provide citations for all references used in their workshop and, if they are different, their resource base. Students should also provide a list of at least 5 references which they would recommend to students seeking further information about the topic presented. Citations should conform, where possible (depending on the format and media used) to the Australian Guide to Legal Citation (4th edition, 2018).

Assessment Criteria for the Workshop and Resource Base:

It is anticipated that all members of the group will receive the same mark unless members of the group agree otherwise in consultation with the lecturer. The presentation and resource base will be equally weighted in determining the mark. The criteria against which the workshop and resource base will be assessed are:

• Coordination and integration of the group
• The workshop and resource base demonstrates sufficient, relevant and up to date research into the topic
• The workshop and resource base provides information in a way which enhances other student’s understanding of the topic.
• The workshop provides information in a way which attracts the interest of other students.
• The resource base presents the main issues and themes raised during the workshop and conclusions reached
• The workshop and resource base critically engage with the issues raised by the topic, discusses the current and likely impact of those issues and provides options for reform.
• The recommended references represent an appreciation of the scope and complexity of the issues involved

Assessment Task 3

Workshop comments

Brief Details: The purpose of the comments is to demonstrate an engagement with the material covered in the group presentation and available in the resource base. Each group will be asked to constructively comment on the workshops of 5 other groups. Groups are encouraged to comment on a range of different seminar topics.

Nature of Task: Compulsory. Failure to complete comments on 5 other workshops, will result in each individual of the group being awarded 0 for that task.

Weighting: 5%

Word limit: Each group comment will generally be 400-500 words in length but no penalty will generally be applied.

Due date: Group comments must be posted on the wattle Discussion Board as a reply to the relevant group presentation and available to all other students in the course within one week of the presentation in question being given. Late submissions (without an extension) will not be accepted.

Assessment Criteria: The extent to which the comment:

• reflects an engagement with the presentation and resource base being commented upon, ensuring the comments made are fair, constructive and concise and not based on a misunderstanding of the material;
• provides a fair and balanced view on the merits of the material, analysis and conclusions reached in the presentation and resource base; and
• provides practical and constructive suggestions for improvement.

Assessment Task 4

Essay

Brief Description: Students can elect to write an essay on any of the topics available for workshops set out in the Presentation Guide, provided the topic is not substantially related to their group workshop topic. Note that essay topics must be substantially different from the topic considered by the student’s group presentation. This will involve students completing a presentation and submitting an essay at least one week apart. If a student has any concerns about the relationship between their intended topics they should discuss this with the course convenor as soon as possible.The essays are intended to augment students’ skills in comprehending and analysing legal materials from a critical perspective. It will also develop writing skills and the capacity to present an argument in a concise and compelling fashion.

Nature of Task: Compulsory. Failure to submit the essay will result in a 0 for this task.

Weighting: 60%

Release: From Week 3 through the course wattle site.

Word limit : 2,400

Due Date: Ongoing. By choosing a topic, students also choose the due date for their essay as the essay has to be submitted by 9am of the day on which a workshop on that topic might have been presented. For example, students wanting to write an essay on Access to Government Information, which is a topic for workshops in week 8, would have to submit their essay by 9am Tuesday 24th September (week 8). Late submissions will be accepted, although late penalties will apply.

Other: Each Essay must be double spaced, using Garamond 12 pt font or its equivalent, with 2.5cm margins all round. The use of headings is recommended

Citations: All references should be acknowledged and accurately cited. Citations should conform to the Australian Guide to Legal Citation (4rd edition, 2018). There is no need for a bibliography.

Assessment Criteria:

Demonstrates an understanding of the issues relevant to the terms of reference for the inquiry

• Accurate explanation of the relevant legal principles and authorities and recognition of the areas of controversy.
• Thorough and appropriate research
• Canvasses the issues at a level appropriate for an informed reader who has a good knowledge of intellectual property principles and the material referenced in the comment question.

 Is well written, accurate, and correctly referenced and formatted

• Compliance with formatting requirements
• Compliance with the Australian Guide to Legal Citation (4rd edition, 2018)
• Clear and precise use of language
• Conventional spelling, grammar and syntax
• Avoidance of waffle or extraneous discussion or unnecessary language
• Prose which is easy to read, and an argument which is easy to follow

Provides a critical analysis of the material discussed in the submission

• Analysis of the conclusions reached by others, including the application of the conclusions to the discussion being presented and exploring opposing arguments
• Ability to anticipate and respond to possible objections.

Makes a contribution beyond restating or summarising the class discussion and relevant literature

• Clear explanation of what the submission is advocating (ie explaining what the overall argument/thesis of the submission is).
• Quality and precision of supporting arguments
• Relevance of the discussion presented in the submission to the contribution made
• Recognition of the limits of the relevant literature and application to submission presented
• Draws on material concerning a range of issues relating to the relevant form of intellectual property in an appropriate and useful way.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

Students may wish to distribute hard copy materials as part of their workshop presentations. There will be no other hard copy submission.

Late Submission

Individual assessment tasks may or may not allow for 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.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 10% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

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

Feedback on all forms of assessment will be provided via the wattle course site.

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.

Resubmission of Assignments

There will be no opportunity to resubmit assessment tasks.

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