National Security Law is a rapidly evolving field of concern for Government, security agencies, civil rights monitors, and the Australian public. As both the nature of threats (represented by, for example, the 11 September 2001 attacks in the US, or the rise of cyber security as a major national security concern) and the concept of ‘security’ (such as biosecurity) have evolved, legal responses have similarly evolved. 

As new incidents occur or challenges arise, it is often the case that legislative change is one of, if not the, preferred initial response. These changes have been broadly cast - ranging from expanded or refined operating powers and processes for national security agencies, through to the creation of new offences within the widening penumbra of criminalised conduct that surrounds demonstrably terrorist activity.

This course offers a broad brush across a number of issues concerning national security law. The course will commence with a series of building blocks (heads of power, conceptions of security, historical background). This will then allow more detailed exploration of a series of institutional issues (such as the legislative arrangements for important national security institutions, and the ‘security law’ making and monitoring process), practical issues (such as use of force, and use of classified information in prosecutions), and thematic issues (such as the national security – civil rights balancing debate).

Learning Outcomes

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

1. Reflect upon and synthesise various understandings of what the concept of 'national security' means in order to formulate an understanding of this idea in an Australian context;
2. Explain and reflect on the main features of the way Australian national security institutions are organised, and in particular the legal basis on which they operate;
3. Critically analyse the main features of Australian national security institutions, and their legal basis
4. Interpret and reflect on the main features of framework of Australian national security law, how this legal framework developed and how it currently operates;
5. Respond to, or develop a research essay question that requires students to examine, and critically analyse, practical and thematic issues arising from the way in which national security institutions and laws have developed and currently operate in Australia.

Research-Led Teaching

This course is closely informed by past and current research carried out by Dr Dominique Dalla-Pozza. She is a Senior Lecturer at the ANU College of Law. Dom conducts research on Australian Public Law and the process by which Australian counter-terrorism legislation has been enacted. From 2006 to 2010 she was a PhD candidate with the Gilbert + Tobin Centre of Public Law at the Faculty of Law at the University of New South Wales where she developed her interest in National Security Law. In 2010 she completed her PhD titled 'The Australian Approach to Enacting Counter-Terrorism Laws'.  A recent example of her work on this topic was published in the Public Law Review  in 2016.Additionally, the guest speakers who have agreed to give lectures or presentations in this course have been selected because they have significant experience practicing and/or researching in national security law, or related national security issues.

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.

Staff Feedback

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

(a)  Answers to questions during course discussions

(b) Immediate feedback in the form of comments on group exercises as discussed in plenary, including for the Syndicates exercises on Days 2 and 3 of the course. The feedback provided on the Syndicate exercise on Day 2, will serve as feedback within the first 50% of the course; and

(c) Written comments on both written assessment items (Assessment items 2 and 3).

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.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Assessment Task 1: Course participation	10 %	18/04/2019	23/04/2019	1,2,3,4
Assessment Task 2: Statutory Explanation/Law Reform/Case Note assessment (Mark Value: 30%)	30 %	02/05/2019	21/05/2019	1,2,4
Research Essay (Mark Value 60%)	60 %	30/05/2019	27/06/2019	1,2,3,4,5

* 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. 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.

Assessment Task 1

Assessment Task 1: Course participation

Nature of Task: Participation and engagement with class activities and discussions

Weighting: 10%

Release: N/A

Due date: Completed by end of course (18 April 2019). 

Estimated return date: The marks will be entered into Wattle Gradebook by close of business Tuesday 23 April 2019 (due to the public holidays which fall around that time). To be clear the date used in the assessment summary is an approximate date and may be subject to change.

Preparation and understanding of the material

•     Consulting and reading 'required reading' materials in advance of the lectures/seminars

•     linking material between various aspects of the class and different lectures

b)        Thinking critically about the material

c)        Expressing ideas clearly

•     So that other students and the instructor can understand them

•     Use of relevant examples

d)        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

e)        If possible, linking material with your own background and knowledge

•      Which involves relating the material to your own personal and professional experience

Assessment Task 2

Assessment Task 2: Statutory Explanation/Law Reform/Case Note assessment (Mark Value: 30%)

Format: Take-home set question Statutory Explanation/Law Reform assessment or case note.

Relationship between the Assessment Task and the Course Objectives: This assessment task will focus upon applying relevant law and legal principles to a hypothetical law reform style task, assessing the impact of the relevant statutory provisions and justifying suggested changes to them.

Approval of Topic: The topic is set and will be released on the final day of the course, 18 April 2019

Submission Date: 2359 Thursday 2 May 2019: Late submission without an extension will be accepted up to 10 days after the due date, with late submission penalties applied to the mark.

 

Length: 2000 words (max, including footnotes. Please note These footnotes do not need to comply with the Australian Guide to Legal Citation).

Estimated Date of Results: Tuesday 21 May 2019

Assessment Criteria:

a) Content

•  answering the question(s) asked

•  identification of the legal issues raised from the questions

•  legal principles stated/explained accurately

•  legal principles stated/explained in appropriate detail

•  recognition and evaluation of judicial and/or statutory ambiguities and ‘grey areas’

•  originality/innovation in approach to issues

•  clear conclusions/recommendations made

b) Structure/organisation

•  emphasis on the significant issues

•  answer is coherent and structure logical

c) 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

•  accurate attribution of sources used (although full footnoting in accordance with the Australian Guide to Legal Citation is not required).

•  adherence to word limit

Assessment Task 3

Research Essay (Mark Value 60%)

Format: Research Essay

Relationship between the Assessment Task and the Course Objectives: This assessment task will focus upon applying relevant law and legal principles to a hypothetical task, assessing the impact of the relevant statutory provisions and/or decided case law, and expressing analytically supported views on the efficacy of the provisions and/or case law

Approval of Topic: Students will select from a selection of essay topics provided by the course convenor

Submission Date: 2359 Thursday 30 May 2019 Late submission without an extension will be accepted up to 10 days after the due date, with late submission penalties applied to the mark.

Length: The total word length for the essay is 4000 words (max, including footnotes in Australian Guide to Legal Citation compliant format, but excluding bibliography).

Estimated Date of Results: Thursday 27 June 2019

Assessment Criteria:

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

c)        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

d)        Research

•  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

• •  adherence to word limit

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 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

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.

Late Submission

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.

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.

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