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 online, 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	Hour 1: Introduction to course taught in person by Dominique Dalla-Pozza (DDP)Hour 2: Legal Structures for the Australian National Intelligence Community (Part 1) (DDP) DDP Lecture + In Class discussions (in person)Hour 3: Seminar Activity in person (DDP)	AT1 Group Reflection and Individual  Thematic Analysis Task Questions Released at the beginning of Week 1Group Selection for This Task OpensThe seminar activity for this week cannot be used as a basis for Group Reflection and Individual Thematic AnalysisAT2 Annotated Bibliography Task Questions ReleasedAT3 Verbal Advice Video Topics Released
2	Hour 1: Legal Structures for the Australian National Intelligence Community (continued) (DDP In person Lecture)Hour 2: Historical Conceptions of National Security in Australia (Guest Lecturer in person TBC)Hour 3: Seminar Activity in person (DDP)	Group Selection for AT1 closes at this weekThe seminar activity for this week cannot be used as a basis for Group Reflection and Individual Thematic Analysis
3	Constitutional Bases and Associated Issues in Australian National Security LawHours 1&2: DDP Lecture + In class discussions (in person)Hour 3: Seminar Activity in person (DDP)
4	Australia’s laws about Espionage and Foreign InterferenceHour 1:DDP Lecture + In class discussion (in person)Hour 2: Guest Lecture for Q&A on legal responses to espionage and foreign interference (TBC) in personHour 3: Seminar Activity in person (DDP)
5	Australia’s laws about Foreign Influence and Foreign ArrangementsHours 1&2  DDP Lecture + discussions (in person)Hour 3:  Seminar Activity in person (DDP)	AT2 Annotated Bibliography Due Thursday 24 August 2023 at 4 pm
6	Overview of Australian Domestic Counter-Terrorism Law FrameworkHours 1&2  DDP Lecture + discussions (in person)Hour 3:  Seminar Activity in person (DDP)	At least ONE Group Reflection Discussion Post to have been completed by Tuesday of this Week
7	Overview of Special Powers for ASIO and the AFPHour 1:DDP Lecture + In class discussion (in person)Hour 2: Guest Lecture for Q&A on legal responses to espionage and foreign interference (TBC) (in person)Hour 3: Seminar Activity in person (DDP)
8	Electronic SurveillanceHours 1&2  DDP Lecture + in class discussions (in person)Hour 3:  Seminar Activity in person (DDP)
9	Prosecuting Terrorism Offences and Post Sentence DetentionHours 1&2  DDP Lecture + in class discussions (in person)Hour 3:  Seminar Activity in person (DDP)
10	National Security Information Taught by DDP and Visiting Speaker (TBC)Hour 1: DDP Lecture + In class discussion (in person) Hour 2: Guest Lecture (TBC) Format TBCHour 3: Seminar Activity in person (DDP)
11	OversightHours 1&2  DDP + Guest Speakers (TBC) Panel on Oversight (in person)Hour 3: Seminar Activity in person (DDP)	The seminar activity for this week cannot be used as a basis for Group Reflection and Individual Thematic AnalysisAT1 Individual Thematic Analysis component due 19 October 2023
12	Challenges for National Security LawyersHour 1: Guest Speaker TBC + DDP Q& A (in person)Hour 2: DDP Wrap Up (in person)Hour 3: Revision session/Verbal Advice Assessment Tips (in person)	AT3 Verbal Advice Assessment Videos due 2 November 2023

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
Group Reflection and Individual Thematic Analysis Task	15 %	19/10/2023	*	2,3,4
Annotated Bibliography	35 %	24/08/2023	22/09/2023	1,2,3,4
Researched Verbal Advice/Presentation Video	50 %	02/11/2023	*	1,2,3,4

* 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 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
• Extenuating Circumstances Application
• 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

Group Reflection and Individual Thematic Analysis Task

Details of Task: Part A – Group Reflection Discussion Forum Task

• Students will be required to work in groups to complete three reflective forum posts of 150 words each (strictly enforced). Information about Group Selection will be available on WATTLE.
• Students need to select three seminar activities from Week 3 – Week 10 to reflect on.
• At least ONE forum post MUST reflect on an Activity from Weeks 3, 4 and 5. The other two posts can reflect on ANY Seminar Activity from Week 3 - Week 10.
• Each forum post will respond to one of two set questions. Students can select either question.

Part B – Individual Thematic Analysis Task

• Each individual student will be required to write a 600 word reflection where they synthesise their participation in three seminar activities and three discussion forums from those held in Weeks 3 -10. This synthesis should be based on the discussion forum posts they have been making throughout the Semester.
• There will be a set series of questions which will need to be answered in the Thematic Analysis.
• While each student can base their reflection on the Group work they have done in Part A of this task, the 600 word thematic analysis they provide has to be submitted individually and be the student’s own work.

Nature of Task: 

Part A (Group Discussion Forum Posts) is compulsory and non-redeemable. However no marks will be awarded for each forum post. Feedback will only be provided to those Groups who do post to the Discussion Forum on the Seminar Activities in Weeks 3, 4 and 5.

Part B (Individual Thematic Analysis) is compulsory and non-redeemable. Failure to submit Part B of this assessment will result in mark of 0 for this assessment task.

Weighting:

Part A: 0%

Part B: 15%

Release: The set questions for both Part A and Part B will be released on Tuesday 25 July 2023.

Word Limit:

Part A: 150 words

Part B: 600 words (strictly enforced)

Due Date: 

Part A: Each forum post should be completed within one week of the Seminar Activity to which it relates completed (so if the group selects the Seminar Activity on the Tuesday in Week 3, then their discussion post must be completed by 4 pm on the Tuesday in Week 4. Due to the nature of the task, late submission or extension is not permitted.

Part B: 5pm 19 October 2023. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date:

Part A: Short written feedback will be released via WATTLE by 1 September 2023. The Convenor may provide feedback on forum posts produced later in the semester

Part B: Official End of Semester Results Return date

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

·        Answering the reflective questions asked;

·        Ability to reflect on the combination of specific seminar activities in which they participated, and give some indication of how well they participated in them.

·        Ability to express themselves in written format, clearly and in a structured way.

Assessment Task 2

Annotated Bibliography

Details of Task: Students will need to complete a written annotated bibliography. Students will have to select FIVE sources. These sources have to be additional to those provided in the required reading in the course and annotate them by answering a series of SET questions. The sources will need to relate to ONE of the three topic areas which will form the basis of the Verbal Advice/Presentation Video Task (AT4).

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

Work Limit: Total Word limit (excluding the title of each source) 1500 words.

Weighting: 35%

Release: The set questions for the Annotated Bibliography AND the TOPIC AREAS for the Verbal Advice Video will be released 28 July 2023.

Due Date: 5pm 24 August 2023. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: 22 September 2023

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

• Depth and Breadth of Research into quality primary and/or secondary legal or governmental sources related to the chosen topic area
• Summary of sources
• Critical evaluation of sources
• Assessment of the sources relevance and explanation of the ranking given to each source
• Effective use of words and word limit to address key issues. Expression and written communication including use of legal terminology, spelling etc.
• Correct use of AGLC (4th ed)

Assessment Task 3

Researched Verbal Advice/Presentation Video

Details of Task: Students will need to respond to a pre-set short problem or presentation scenario. In these scenarios, students will imagine themselves to be a lawyer. The students will need to create and submit a 10-minute video containing ‘verbal legal advice’ or a ‘verbal presentation' involving legal issues in response to the questions posed in the pre-set scenario they choose. There will up to three scenarios given to students to consider, but students will only need to respond to ONE problem scenario. Each of these scenarios will involve at least one of the Topic Areas released as part of AT2 (The Annotated Bibliography Task).

Students will be required to do some research into relevant case law, government materials and in the academic literature as part of this task. The sources discovered in the Annotated Bibliography (AT2) can be used. Students will need to ‘cite’ sources verbally. Further instructions about how to do this will be provided in the instructions for the task

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 pre-set scenarios will be released by 5 pm on 29 September 2023. The Topic Areas will be released by 5pm on 28 July 2023.

Time Limit: Students will need to produce a 10-minute video (this is the equivalent of 2000 words). However, please note the task is being assessed on the basis of the time the video takes (that is, any video over 10 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 10 minutes, not in a set number of words.

Due Date: 4pm, 2 November 2023. 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;
• Understanding and appropriately discussing the relevant law and critically evaluating the source material;
• Research into and employment of primary and secondary materials (including, but not limited to legal materials);
• Critical and effective engagement with the relevant scenario (including making a persuasive argument in response to the question;
• 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/presentation 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 all ANU students