National Security Law is a burgeoning 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. 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. Evaluate the concept of ‘national security’ and what it means in an Australian context;
   
2. Explain and critique the main features of the way in which  Australian national security institutions are organised, and in particular the legal basis on which they operate;
   
3. Analyse the main features of framework of Australian national security law,  how this legal framework developed and how it currently operates; and
   
4.   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. 

Required Resources

There is no textbook for this course. A course reading guide will be made available through the Course WATTLE site

Recommended Resources

Whether you are on campus or studying remotely, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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	Introduction and Basic Conceptions of National Security Taught by DDP and a Visiting Speaker (TBC) 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 25 July) + 1 hour Seminar Activity	AT2 Research Essay Topics Released at the end of Week 1
2	Legal Structures for the Australian Intelligence Community Taught by DDP 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 1 August) + 1 hour Seminar Activity	AT3 Seminar Activity Reflection Question released at the end of Week 2
3	Constitutional Bases and Associated Issues in Australian National Security Law Taught by DDP 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 8 August) + 1 hour Seminar Activity
4	Use of Force and Part IIIAAA of the Defence Act 1903 (Cth) Taught by DDP and/or Visiting Speaker (TBC) 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 15 August) + 1 hour Seminar Activity	AT1 Short Answer Quiz to be completed on 15 August 2022
5	Australia's laws about Espionage, Foreign Interference and Foreign Influence Taught by DDP 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 22 August) + 1 hour Seminar Activity
6	Overview of Australian Domestic Counter-Terrorism Law Framework Taught by DDP 4 x 25 minute podcasts (available on WATTLE by 3pm Monday 29 August) + 1 hour Seminar Activity	AT2 Research Essay due at 5 pm on 8 September 2022
7	Overview of Special Powers for ASIO and the AFP (including Preventative Detention Regimes) Taught by DDP 4 x 25 minute podcasts (available on WATTLE by 3pm Monday 19 September) + 1 hour Seminar Activity
8	Electronic Surveillance Taught by DDP or Visiting Speaker (TBC) 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 26 September) + 1 hour Seminar Activity
9	Oversight and Monitoring Taught by DDP and potentially guest speakers (TBC) 4 x 25 minute podcasts by 3 pm TUESDAY 4 October) + 1 hour Seminar Activity/Panel	*Please note that you will not be able to reflect on the Seminar Activity for this Week in AT3 Written Reflection
10	National Security Information Taught by Visiting Speaker (TBC) and DDP 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 10 October) + 1 hour Seminar Activity	AT3 Seminar Written Reflection Assessment Submission Dropbox opens on 10 October 2022
11	Prosecuting Terrorism Offences Taught by DDP 4 x 25 minute podcasts (available on WATTLE by 3 pm Monday 17 October 2020) + 1 hour Seminar Activity. This seminar activity will be devoted to discussion of the Verbal Advice Video Task	AT3 Seminar Written Reflection due at 5 pm on 17 October 2022 AT4 Verbal Advice Videos Scenario released by 5pm on 18 October 2022
12	Challenges for National Security Lawyers Taught by DDP and Guest Speakers 2 x 25 minute podcasts (available on WATTLE by 3 pm on Monday 24 October) + 1 hour Seminar Activity .	AT4 Verbal Advice Assessment Videos due at 5 pm on 3 November 2022

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Multiple Choice Quiz	5 %	15/08/2022	23/08/2022	1,2,3
Research Essay	50 %	08/09/2022	10/10/2022	2,3,4
Written Reflection on One Seminar Activity	5 %	17/10/2022	01/12/2022	1,2,3,4
'Verbal Advice' Video	40 %	03/11/2022	01/12/2022	2,3

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills 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

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 program. Students are expected to attend all classes.

Assessment Task 1

Multiple Choice Quiz

Details of Task: Students will be required to answer 5 multiple choice questions. These 5 questions will be selected at random from a bank of questions designed by the convenor. The questions will cover the content of the lectures and Seminars from Weeks 1-3 (inclusive). This activity will be used to provide feedback to students before 50% of the course is completed. The Quiz MUST be completed in 20 minutes online on WATTLE on Monday 15 August 2022 between 12:30 pm and 2:00 pm on that day. Once the quiz session is commenced it will be timed out 20 minutes later; only one session attempt is permitted. Students will be able to navigate freely through the questions for the duration of the 20 minutes of the quiz until they have submitted their final answers.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 5%

Release: 12.30 pm, 15 August 2022

Duration: 20 minutes. Once you log into the quiz, you will have 20 minutes to complete it. The quiz will finish automatically after 20 minutes and any open attempts will automatically be submitted, so please allow sufficient time to complete the quiz.

Due Date: 2 pm, 15 August 2022. 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 ANU College of Law Student and Education Services here. 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. 

Estimated Return Date: 23 August 2022

Assessment Criteria: Students will be assessed on their ability to answer the short answer question accurately. Where appropriate, students will also need to ensure cases and/or legislation are cited correctly in accordance with the AGLC (4th ed).

Assessment Task 2

Research Essay

Details of Task: Students will write an 1,800-word research essay from a set list of topics. This assessment item is focused upon students; ability to research, synthesise, analyse, and present a succinct, coherent response to a discrete national security law issue. Depending upon the topic selected, the research essay will need to traverse a range of relevant institutional, framework, legislative, and thematic features of Australian national security law.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50%

Release: The set list of questions will be released by 29 July 2022

Word Limit: 1,800 words (excluding footnotes and bibliography). This word length will be strictly enforced. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5 pm, 8 September 2022. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 10 October 2022

Assessment Criteria: The assessment rubric will be available on the Course WATTLE site by the end of Week 1. The criteria used to assess this assessment task will be:

• understanding and appropriately discussing the relevant law and critically evaluating the source material;
• making a persuasive argument in response to the question;
• research into and employment of primary and secondary materials (including, but not limited to legal materials);
• the ability to respond to the question creatively and effectively within the word limit;
• the expression and written communication, including compliance with AGLC (4th ed); and
• the structure and effective use of headings.

Assessment Task 3

Written Reflection on One Seminar Activity

Details of Task: Students will be required to write a 200-word reflection on one of the seminar activities that they have participated in in Weeks 4, 5, 6, 7, 8 and 10 (so excluding week 9). Students can select which Seminar Activity (and so which week) they would like to reflect on.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 5%

Release: The specific reflection question will be released by 5 August 2022. The question will be broad enough that it will be applicable, and can be answered to any of the seminar activities in Weeks 4,5, 6,7 8 and 10.

Word Limit: 200 words (excluding footnotes). In the event that a case or secondary source is referred to, a footnote may be required. No bibliography is required. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5 pm, 17 October 2022. The Turnitin dropbox for this assessment will only open at 9 am on 10 October 2022. Students should submit their reflections, on whichever of the nominated weeks they choose between 9 am on 10 October and 5 pm on 17 October. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Official end of semester results release date.

Assessment Criteria:

• Answering the reflective question asked;
• Ability to reflect on the specific seminar activity in which they participated, and give some indication of how well they participated in it.
• Ability to express themselves in written format, clearly and in a structured way.

Assessment Task 4

'Verbal Advice' Video

Details of Task: Students will need to respond to a pre-set short problem scenario. In these scenarios, students will imagine themselves to be a lawyer. The students will need to create and submit an 8-minute video containing ‘verbal legal advice’ in response to the questions posed in the pre-set scenario they choose. There will up to three problem scenarios given to students to consider, but students will only need to respond to one problem scenario. The problem scenario will be developed from material discussed in the podcasts and seminars from Weeks 2-11.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 40%

Release: The pre-set problem scenarios will be released by 5 pm on 18 October 2022.

Time Limit: Students will need to produce an 8-minute video (this is the equivalent of 1500- 2000 words). However, please note the task is being assessed on the basis of the time the video takes (that is, any video over 8 minutes will be deemed to be over the word limit, and so time length penalties may be applied). The questions in the scenario are intended to be able to be answered in 8 minutes, not in a set number of words.

Due Date: 5 pm, 3 November 2022. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Official end of semester results release date. Students will receive feedback in the form of a rubric and additional written feedback which will be made available to them via the WATTLE system.

Assessment Criteria: The assessment rubric will be available on the Course WATTLE site. The criteria used to assess this assessment task will be:

• Accurate and succinct reference to the relevant legislative, parliamentary and case materials and (if appropriate evidence of engagement with secondary sources;
• Critical and effective engagement with the relevant scenario;
• Logical and clear structure of advice/response, including correct use of legal terminology/language;
• Effective verbal communication and delivery (tone, clarity of expression); and
• Effective use of time allowed. 
• Please note that the 'production quality' of the video is not an assessment criteria. However, the audio in the video needs to be clear enough for the advice given to be heard and assessed.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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

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 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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

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 Access 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