- Class Number 5661
- Term Code 2940
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Nicholas Seddon
- Nicholas Seddon
- Class Dates
- Class Start Date 25/03/2019
- Class End Date 09/05/2019
- Census Date 05/04/2019
- Last Date to Enrol 25/03/2019
This course is designed to meet the needs of practising lawyers and of senior public and private sector managers who have had experience in the field of government contracting.
The course will examine the use of contract for various public purposes and will analyse the legal issues that are peculiar to government contracting.
The course covers
- policy issues relevant to the use of contract by government
- the applicability of the ordinary law of contract
- the power to make government contracts
- the procedures and other issues relevant to contract formation
- Crown immunity
- the application of the competition consumer legislation to government commercial activity, tenders (including the impact of the Australia-United States Free Trade Agreement)
- use of public law remedies.
Upon successful completion, students will have the knowledge and skills to:
- Explain, distinguish and evaluate an advanced understanding of the legal and practical issues that are peculiar to government contracting and other government commercial activities;
- Identify, critically analyse and apply legal principles of ordinary contract law to contracting in a government context;
- Identify, critically examine and analyse complex government purchasing and commercial arrangements to identify and apply principles and provide solutions to manage complex matters, including risk; and
- Independently plan and execute a research project to demonstrate complex legal research principles and methodologies in critical analysis and application of legal principles and practice, relevant to government contacting.
Additional Course Costs
This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of State.
Students will be given feedback in the following forms in this course:
- in class in response to questions and during discussion
- in writing on Assessment Task 1
- in writing with detailed comments on Assessment Task 2.
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.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
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.
|Week/Session||Summary of Activities||Assessment|
|1||Uses, power, procedures, authority|
|2||The Crown, immunities, privileges|
|3||Executie necessity, Competition and Consumer Act, tendering|
|4||Tenders (cont'd), administrative law|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Short answer quiz||10 %||08/04/2019||15/04/2018||1,2|
|Research Essay||90 %||13/05/2019||07/06/2018||1,2,3,4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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:
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. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.
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.
For all courses taught face-to-face in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).
In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:
(a) it does not exceed a maximum of 25% of the classes;
(b) permission is requested in advance; and
(c) the request is supported, where appropriate, by adequate documentation.
Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circums
Assessment Task 1
Learning Outcomes: 1,2
Short answer quiz
Nature of Task:
Format: Questions to be handed out at the end of the 4th Session on 28 March. The questions will also be available on Wattle.
Length: Students should provide short answers to each question – a few sentences or one or two paragraphs at most. Please do not provide lengthy ‘essay’ type answers.
Relationship between the Assessment Task and the Course Objectives: tests understanding of material covered in lectures.
Submission Date: 8 April 2019 via the Wattle drop box with assessment cover sheet. No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.
Estimated Date of Results: Monday 15 April 2019.
Assessment Criteria: demonstrating an understanding of particular issues peculiar to government contracting that have been covered in lectures.
Assessment Task 2
Learning Outcomes: 1,2,3,4
Nature of Task:
Format: Essay. Essays must be in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered. Please keep a copy of the assignment for your records
Relationship between the Assessment Task and the Course Objectives: the essay will be a platform to demonstrate ability to research and analyse legal issues and policies relevant to government contracting.
Approval of Topic: students are encouraged to submit an essay on a topic of their own choice after the chosen area has been cleared with the lecturer by 19 April 2019. In addition, a list of suggested topic areas will be distributed by the lecturer.
Submission Date: Monday 13 May 2019. Late submissions will incur a penalty in accordance with the ANU College of Law rules (see below 9.6). Late submission of assessment tasks is not accepted after Monday 13 May 2019. Students should seek an extension from the course convenor, providing reasons for seeking the extension, to avoid the penalty.
Length: The total word length for the essay is 6500 words. Students are expected to analyse the essay topic in the word length stipulated. The marker will take into account the fact that an essay is either significantly shorter or longer than the stipulated word length, guided by the College of Law policy referred to below.
Estimated Date of Results: Friday 7 June 2019.
a) Understanding of the Issues
- addresses the question and covers all the important points
- evidence of close consideration of the question and the research materials drawn on
- issues raised by the topic are clearly and concisely identified
- material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively
b) Communication & Development of Argument
- clear theme or argument
- arguments logical and well-organised
- ideas/paragraphs linked coherently
- 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
- research covering primary and secondary materials
- good organisation of sources and ability to synthesise all the research materials used
- use of theoretical material where appropriate
- range of research sources
- integration of material from research resources into the essay
e) Presentation, style and referencing
- 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
- style according to Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc)
- adherence to word limit
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.
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.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.
Late submission of assessment tasks without an extension are penalised at the rate of 5% 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.
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.
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.
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