The interactions between Australia’s legal frameworks and institutions and national security issues are complex, controversial and fascinating. The enactment of multiple laws granting new powers to police and national security agencies to deal with specific national security threats is a visible way law is used as a national security tool. On the other hand, Australia’s legal institutions and systems play an important role in ensuring that the State’s powers over citizens in the name of national security are exercised consistently with Australia’s character as a liberal democratic society.

 

This course is designed specifically for students of national security policy – including serving and prospective policymakers. It will examine the intersections between Australian laws and legal systems and national security issues. After setting out the foundations and basic legal architecture of Australia’s national security institutions and agencies, this course will focus on specific areas where the law has been used as a key mechanism for implementing national security policy. These include in-depth examination of the laws designed to manage national security risks from foreign influence to pandemics, and which empower agencies to gather intelligence. These sessions aim to integrate perspectives from academics with those of national security practitioners. The seminar/tutorial activities will enable students to translate these insights into the skills of security policy makers, for example identifying when specialist legal advice is required, or how to develop, and publicly justify, a proposal for legislative reform. A final key theme running through this course is to question when the law can (or should) be used as a national security tool. Students will thus gain in-depth understanding of the process by which Australian national security law is made, and how (and why) the use of this body of law is oversighted.

Learning Outcomes

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

1. Explain and reflect on the main features of the way Australian legal and constitutional frameworks determine how Australian national security institutions are organised, and in particular the legal basis on which they operate;
2. Interpret and reflect on key features of Australian national security law frameworks and how they currently operate.
3. Understand and critically analyse the processes by which Australia’s national security law frameworks are developed, oversighted and reformed. In particular, students should be able to identify when specialist legal advice would assist with this process.
4. Develop policy documents/responses, supported by appropriate research that explain and justify the use of or reform off of particular law(s) as a national security policy response.
5. Communicate ideas, knowledge and arguments related to Australian national security law, in particular for professional audiences.

Required Resources

A complete reading list will be made available on the WATTLE course site

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Australia’s National Security Legal Architecture 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be no discussant this week Students must also attend one seminar (either online or in person).	Short Answer Reflection Questions (for both short answer tasks) released by Friday Selection of Topic (Discussant Week) for Second Short Answer Reflection opens)
2	Constitutional Issues in Australian National Security Law 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be no discussant this week Students must also attend one seminar (either online or in person).	First Short Answer Reflection due on Friday of this week
3	Legal foundations and Powers of the ADF 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)	Selection of Topic (Discussant Week) for Second Short Answer Reflections closes Note that the Second Short Answer will be due one week after the live session with the Discussant that has been selected. Marked Responses will be returned one week after they have been submitted. Written Critical Review Task Instructions Released by Friday of this week
4	Legal Foundations for the Australian National Security Community 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)	First Short Answer Reflection results available by Friday of this Week
5	Overview of the National Security Law-Making Process in Australia 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be no discussant this week Students must also attend one seminar (either online or in person)
6	Australia’s Espionage , Foreign Interference and Foreign Influence Legal Frameworks 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)	Written Critical Review Due in the Second Week of the Teaching Break
7	Australia’s Counter-Terrorism Law Framework (including special powers given to ASIO and the AFP) 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be no discussant this week Students must also attend one seminar (either online or in person)
8	Legal Issues with Surveillance and Interception Powers Australia’s Espionage , Foreign Interference and Foreign Influence Legal Frameworks 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)
9	National Security and Critical Infrastructure 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)	Written Critical Review Results available by end of this week
10	Law, Biosecurity, and National Security 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)
11	Oversight 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be an external discussant during the live lecture Students must also attend one seminar (either online or in person)	Scenarios and Questions for Verbal Policy Analysis/Defence released by end of this week
12	Future Directions for National Security Law 1 hour of pre-recorded material (available one week before class) + 1 hour live lecture (via zoom) There will be no discussant this week Students must also attend one seminar (either online or in person)	Verbal Policy Analysis Defence Viva to be held during the exam period. Results for this task will be released with the end of semester results.

Tutorial Registration

Please see the course WATTLE site for further details

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
First short answer reflection on the operation of legal frameworks in theory and practice	12 %	05/03/2021	19/03/2021	LO 1,2
Second Short answer reflection on the operation of legal frameworks in theory and practice	13 %	*	*	LO 1,2
Written Critical Review	35 %	12/04/2021	06/05/2021	LO, 2, 4 and 5
Verbal Policy Analysis/Defence	40 %	*	*	LO 1, 3, 4, and 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.

Assessment Task 1

First short answer reflection on the operation of legal frameworks in theory and practice

Brief Details: Students will need to write a 200 word response to a set question based on the first two weeks of the course. Students will need to identify the main features of a legal institution/framework and evaluate its impact on the way in which law is used as a national security policy tool.

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

Weighting: 12%

Word Limit: 200 words

Release: The set question will be released on WATTLE by the end of Week 1 of the course

Due Date: 5:00 pm Friday 5 March 2021 (via Turnitin)

Late Submission Permitted

Estimated Return Date: Friday 19 March 2021

Assessment Criteria: Students will be assessed on their ability to accurately explain the main features of the institution or framework that is the focus of the question, and their ability to reflect on the operation of that institution or framework. An assessment rubric for this task will be made available on WATTLE.

Assessment Task 2

Second Short answer reflection on the operation of legal frameworks in theory and practice

Brief Details: This second 200 word reflection will be based on the students’ choice of one of the weeks where there is a practitioner discussant (see details above). Students will be asked to reflect on a set question which deals with the extent to which the way the operation of their chosen area of national security law reflects the intentions of parliament when the law was enacted. Students will be allowed to select the week/topic they wish to reflect on. This selection period will span from the end of Week 1 until the end of Week 3.

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

Weighting: 13%

Release: The set question will be released on WATTLE by the end of Week 1 of the course. Students will need to select the discussant session they wish to reflect on by the end of Week 3.

Due date: Students will need to submit their reflection by 5:00 pm on the day one week after the live session with the discussant which they have chosen to reflect on. Submission will be via Turnitin

Late Submission permitted

Estimated Return date: Marked reflections will be returned to the students one week after they have been submitted.

Assessment Criteria: Students will be assessed on their ability to reflect on the main features of Australian legal systems and how they intersect with national security issues and also the operation of Australian national security legal frameworks. An assessment rubric for this task will be made available on WATTLE..

Assessment Task 3

Written Critical Review

Brief Details: Students will be required to write an 1800 word critical review in response to set topics. There will be a choice of topics. Some research will be required to complete this task. This assessment item would allow students to further explore the operation and policy issues underpinning Australia's national security law frameworks as well and explain and justify those frameworks or any changes to them.

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

Weighting: 35%

Word limit: 1800 words (excluding footnotes/references and bibliography)

Release: The set list of topics/questions will be released on WATTLE by the end of Week 3

Due Date: 5:00 pm Monday 12 April 2021 (via Turnitin)

Late Submission Permitted

Estimated Return Date: Thursday 6 May 2021

Assessment Criteria. Students will be assessed on how well the respond to the question/topic asked, their research skills, and use of primary and secondary source material, and their ability to write in a clear, well-structured and persuasive manner. A rubric for this task will be available on WATTLE.

Assessment Task 4

Verbal Policy Analysis/Defence

Brief Details: This task is intended to simulate policy-makers’ involvement in a key aspect of the national security law-making process. Students will be required to simulate attendance and participation in a parliamentary committee hearing. This assessment will be conducted orally, and in real time with the questions being posed to the students by the examiner (posing as a member of the parliamentary committee). A video recording will be made of students oral presentation to assist in the marking process. Students will be required to speak for 10 minutes on a topic of their choosing (from a set list of topics). They will also be required to respond to up to four questions (examples of the types of questions which may be asked will be available to students in advance).There would be a choice of topics.   Some research may be required to complete this task.

Nature of the task: Compulsory. Failure to complete the task will result in a 0 for the task

Weighting: 40%

Time Limit: Oral presentation of 10 minutes

Release: The topics and the sample questions will be available on WATTLE by the end of Week 11.

Due Date: This task will be scheduled during the exam period

Estimated Return date: Results for this task (with feedback) will be released with the end of Semester results

Assessment Criteria: Students will be assessed on how effectively they provide members of parliament information they need to conduct their oversight role over an aspect of national security law . An assessment rubric will be made available on WATTLE .

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

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. 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