In this course we will explore, critique and apply issues relating to how the law regulates the collection, processing and usage of information by government and the private sector. In doing so, we will ask the following questions: how much control do we, as individuals, have over information that relates to us?  What are the limits to providing access to government-held information? On what grounds can information be shared, released, withheld and stored?

Throughout this course, we will explore how information is regulated in Australia by the Freedom of Information Act 1982 (Cth) (‘FOIA’) and the Privacy Act 1988 (Cth), and we will interrogate contemporary issues regarding government information management in the Australian regulatory framework. We will examine the role of confidentiality and legislative secrecy provisions, the requirements relating to personal information and other elements of privacy protection, and the operation of FOIA.

Learning Outcomes

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

1. Identify, analyse and reflect on the circumstances in which information developed or held by government should be protected against disclosure
2. Identify and apply the principles relating to the procedure for making a FOI request, the FOI decision making process and the application of exemptions from disclose of government held information
3. Explain, distinguish and apply the key concepts of the Privacy framework applicable to government.
4. Identify and critically examine (in written and/or oral form) a range of perspectives and values that are relevant to access to government information, including the future direction of FOI and privacy law in Australia
5. Investigate and critically discuss whether Australia’s regulatory module is equipped to respond to contemporary issues in information management, data protection and privacy

Required Resources

Reading lists will be provided on Wattle.

Staff Feedback

Students will be given feedback on submitted assessments.

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

Task submission times refer to Canberra time (AEST/AEDT).

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

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

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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1. Freedom of Information: history and philosophical underpinnings – normative foundations of openness of publicly held information
2	Topic 1. Freedom of Information: history and philosophical underpinnings - genesis of FOIA 1982 (Cth)
3	Topic 2. Freedom of Information: the law - overview, purposes, principles and structure; request procedure
4	Topic 2. Freedom of Information: the law - decision-making process
5	Topic 2. Freedom of Information: the law - exemptions
6	Topic 2. Freedom of Information: the law - contemporary issues and future direction
7	Topic 3. Privacy: history and philosophical underpinnings - normative foundations of privacy protection
8	Topic 3. Privacy: history and philosophical underpinnings - genesis of Privacy Act 1988 (Cth)
9	Topic 4. Privacy: the law - overview, purposes, principles and structure
10	Topic 4. Privacy: the law - key concepts
11	Topic 4. Privacy: the law - key concepts
12	Topic 4. Privacy: the law - key concepts
13	Topic 4. Privacy: the law - contemporary issues and future direction

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In-class participation	10 %	*	*	1-5
Quiz	20 %	30/09/2021	30/09/2021	1-5
Research essay	70 %	03/11/2021	*	1-5

* 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 Academic Integrity . 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

In-class participation

This assessment is intended to give you the opportunity to develop your oral skills in the context of discussing specific issues in the course.  Students are expected to complete at least the compulsory readings prior to the seminars where in-class discussion will take place, in response to questions posed in the Outline for each topic. Each seminar will involve live discussion of these questions, giving students an opportunity to answer these questions. Discussions will be open and everyone will have a chance to contribute. Marks will be awarded for preparation and thoughtfulness in contributing to the discussion, not merely for frequency or vehemence. Students will show they are participating by participating in discussion on Zoom during the seminars.

Nature of assessment: Compulsory; non-completion of this task will result in a mark of 0/10.

Assessment Criteria:Participation will be graded according to the following criteria: 

• whether students attend all seminars;
• how well students make accurate reference to the material assigned; 
• how well students use concise and engaging oral skills; and
• how well students demonstrate critical thinking.

Assessment Task 2

Quiz

There will be a online quiz available on Wattle for students to complete. The quiz will be available from 12pm, Thursday 23 September to 12pm, Thursday 30 September. The quiz contains 35 multiple-choice questions. The quiz must be completed within 60 minutes of starting it. The questions will cover all parts of the course. Apart from the quiz counting towards 20% of the final grade, completing this quiz is intended to provide students feedback on their progress in this course before the first half of this course has been completed.

Nature of assessment: Compulsory. Failure to participate will result in 0 marks for this task. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the College of Law student admin team here:

 

https://law.anu.edu.au/forms/assessment-extension-request

 

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Release: The quiz will be available from 12pm, Thursday 23 September to 12pm, Thursday 30 September.

Due date: The quiz will be available from 12pm, Thursday 23 September to 12pm, Thursday 30 September. The quiz must be completed within 60 minutes of starting it.

Assessment Criteria: Assignments will be graded according to how well students: 

• have understood a variety of issues raised in the course;
• accurately identify the relevant issue(s); and
• adequately and decisively address the relevant issue(s).

This assessment is provided to ensure that you engage with critical aspects of the course in a way that incorporates the course objectives

Assessment Task 3

Research essay

Students will write a research essay answering the question provided for this assessment. Students must submit their completed essays using Turnitin by the due date and due time.

Nature of assessment: Compulsory; non-completion of this task will result in a mark of 0/60. Late submissions (without an extension) are permitted, although late penalties will apply.

Due date: Wednesday 3 November 2021, by 5pm. Any late penalties will be calculated by reference to the submission through Turnitin.

Word limit: 4,500 words maximum, including footnotes. 

Assessment Criteria: Research essays will be graded according to how well students: 

• make accurate use of relevant legal material; 
• structure the essay in a clear manner; 
• use concise expression; 
• adequately address the relevant issue(s); 
• draw appropriately upon independent research; 
• demonstrate critical, independent and innovative reasoning, and make a persuasive argument; and
• comply with the current edition of the AGLC.

This assessment is provided to ensure that you engage with critical aspects of the course in a way that incorporates the course objectives. 

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

Hard copy submission is possible where 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

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission permitted. 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. Extensions may be granted 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