This course is an essential element in gaining an understanding of Australia's legal system. It explores the main elements of public and private law that make up the Australian Legal system with an emphasis on how those principles apply to the role of government. The course is designed to build on the understanding of the Australian legal system introduced in the Law and Legal Systems course. Students completing this course will have acquired sufficient knowledge and skills to enable them to enrol in the other more specialist courses in government and regulation.

The course will include:

• An introduction to the concept of regulation and mechanisms used to achieve regulatory outcomes.
• The ability to find and interpret various regulatory sources, including legislation, industry codes, and court judgements, and anticipate or recognise their regulatory intent;
• An understanding of the influence of underlying constitutional and institutional frameworks in which those regulatory sources operate, including the role of private law.

This course is a prerequisite for students without a law degree who wish to study further courses in the government and regulation stream. It is an introductory course. Students with a law degree, particularly international students, who want to revisit some of the foundational elements of the Australian legal framework, and particularly public law, are encouraged to discuss the course with the convenor prior to enrolment.

 

Learning Outcomes

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

1. Critically assess and evaluate the different mechanisms used to implement or achieve regulatory objectives.
2. Identify and interpret regulatory sources, including legislation, industry codes, and court judgments, and predict or critically evaluate their regulatory intent.
3. Demonstrate understanding of underlying constitutional and institutional frameworks that influence the operation of key regulatory sources.
4. Compare and critically evaluate how principles of private and public law interact with key features of the regulatory environment; eg, concerns relating to subjectivity and unfairness, the role of different organisational forms, steps to enhance the role of competition, the impact of international obligations, and relations between levels of government.
5. Demonstrate effective and efficient legal research skills, finding and using different types of source material to prepare the assessment.

Required Resources

There is no prescribed text for this course. Comprehensive reading materials will be made available on the Wattle site. In view of the intensive nature of the course, it is highly desirable for you to complete the reading prior to class. Additional material may also be distributed via Wattle during class.

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.

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

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 current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy 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 announcement and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Day 1 Session 1: Introduction to legal regulation and case law Law v. Regulation Classification of different forms of legal regulation Institutional elements of Australian public and private law, including historical background. Review of Common Law reasoning, incl the role of precedent, and doctrinal reasoning.
2	Day 1 Session 2: Common Law Framework Property rights, including role of alien ability and eligibility, and public v private property. Contract Law, including risk and cost allocation Tort Law and other liability rules, incl role of internalising external costs. Criminal Law Equity, incl fiduciary obligations and trusts. Implications for regulatory design
3	Day 2 Session 3: Legislation Introduction to legislation, incl how Acts are made. Legislative interpretation, incl tools and rules of statutory interpretation and role of subordinate legislation and policy.
4	Day 2 Session 4: Constitutional Law Framework Constitution and Constitutionalism Federalism: limited nature of Commonwealth power, State powers and immunities; Territories. Role of intergovernmental agreements
5	Day 3 Session 5: Separation of powers Separation of legislative, executive and judicial power and Role of Ch III Executive authority, incl Crown Immunities. Role of international agreements and human rights norms. Case Study – Plain Tobacco packaging Scope and application of Judicial Review; incl justiciability, standing, excluding judicial review, etc.
6	Day 3 Session 6: Administrative Law Framework Methods and procedures for administrative review Criteria for lawful decision-making; incl natural justice, control of delegated legislation, use of policy, rationality and proportionality, etc. Implications for regulatory design
7	Day 4 Session 7: Other forms of legal regulation and the limits of judicial review Transparency, disclosure and access to information; incl FOI, Privacy, whistle blowing. Government ownership and government contracting Other forms of regulation; eg codes of conduct, self-regulation, standards bodies, etc.
8	Day 4 Session 8: Review and Implications Group workshop on regulatory design and comparing and evaluating regulatory tools; class presentation.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Participation	10 %	*	16/11/2022	2,5
Assignment	40 %	01/12/2022	20/12/2022	1,2,3
Research Essay	50 %	05/01/2023	31/01/2023	2,3,4

* 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 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

Participation

Details of Task: Participation in the highly interactive classes will provide feedback on students’ understanding of the material and allow exploration of the concepts and principles under discussion.

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

Weighting: 10%

Estimated Return Date: It is expected that participation marks and feedback will be provided to students within one day of the conclusion of the class.Due to the nature of the task, alternative assessments is not permitted.

Assessment Criteria:

a) Preparation and understanding of the material

• consulting and reading materials in advance of the lectures/seminars
• linking material between various aspects of the class

b) Thinking critically about the material

• looking at questions from different angles
• questioning assumptions

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 of a range of views and opinions

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

• relating the material to your own personal and professional experience

Assessment Task 2

Assignment

Details of Task: The Assignment will consist of two parts. One part will involve a number of short answer and problem style questions similar to those considered in the class. The second part will involve writing a case note on an assigned case. Students will be asked to answer all questions – there will be no choice of questions.

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

Weighting: 40%

Release: 17 November 2022 on Wattle.

Due Date: 5pm, Thursday 1 December 2022. Late submission (without an extension) is permitted, although late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Word Limit: 3000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Estimated Return Date: 20 December 2022.

Assessment Criteria:

Part 1

a) Content

• answering the question asked

• identification of the legal issues raised by the questions

• legal principles stated/explained with accuracy

• legal principles stated/explained in appropriate detail

• relevant facts recognised and linked to the legal principles

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

• originality/innovation in approach to issues

• clear conclusions

b) Structure/organisation

• emphasis on the significant issues

• answer is coherent and structure logical

Part 2

a) Analysis of the Judgment

• recognition of the context and background to the decision

• identification of the arguments raised by the case

• critical analysis of judicial reasoning in the Judgment

• critical analysis of the decision-making in the Judgment

b) Analysis of the Impact of the Judgment

• critical discussion of the policy implications of the Decision

• consideration of a range of issues relating to the Decision

Generally

a) Presentation, style and referencing

• good use of structure, section headings and paragraphs

• clear, succinct and engaging expression

• use of appropriate terminology and correct grammar, syntax and spelling

• style according to Australian Guide to Legal Citation

• adherence to word limit

Note that while all sources must be properly cited there is no need for a Bibliography.

Assessment Task 3

Research Essay

Details of Task: Students will write a research essay on a topic related to the concept and principles discussed in the course. Students are encouraged to devise their own choice of topic subject to approval by the convenor, but topics can be provided on request. Students wishing to devise their own topic must submit a brief outline of the topic to the convenor before 2 December 2022.

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

Weighting: 50%

Release: 17 November 2022 on Wattle. Students are encouraged to devise their own topic and confirm with the convenor by 2 December 2022.

Due Date: 5pm, Thursday 5 January 2023. As the due date for this task has already been adjusted to accommodate the Christmas and New Year public holidays, late submission or extension is not permitted. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Word Limit: 3000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Estimated return date: 31 January 2023.

Assessment Criteria:

a) Understanding of the Issues

• addresses the topic and demonstrates an awareness of the important issues raised by the topic

• evidence of close consideration of the issues raised by the topic and the research materials drawn on

• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear contention stated at outset

• 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

• clear, succinct and engaging expression

• 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 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 in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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

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.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary.

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