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

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:

• feedback on quiz answers including identification of the correct answer and reasons
• written comments
• verbal comments
• feedback to whole class, groups and individuals.

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Legal Architecture	Weekly quiz/ seminar activities
2	Introduction to Statutory Interpretation and Administrative Law	Weekly quiz/ seminar activities
3	Overview of the National Security Law-Making Process in Australia Guest presenter	Weekly quiz/seminar activities Task 3 topic options released
4	Constitutional Issues including Freedom of Political Communication Guest presenter	Weekly quiz/ seminar activities
5	Surveillance and Interception Powers	Weekly quiz/ seminar activities
6	Oversight and Integrity	Weekly quiz/ seminar activities Policy proposal for law reform (task 3) due by the end of the first week of the teaching break. Results released by the end of teaching break.
7	Ministerial Authorisations and Warrants Guest Presenter	Weekly quiz/ seminar activities. Task 4 options released
8	Critical Infrastructure and Cyber Security	Weekly quiz/ seminar activities
9	Major reviews as a tool for policy and law reform Guest presenter	Weekly quiz/ seminar activities
10	Australia’s Espionage , Foreign Interference and Foreign Influence Legal Frameworks	Weekly quiz/ seminar activities
11	The Parliamentary Joint Committee on Intelligence and Security Guest presenter	Weekly quiz/ seminar activities
12	Australia’s Counter-Terrorism Law Framework (including special powers given to ASIO and the AFP) Guest presenter (TBC)	Weekly quiz/ seminar activities Task 4: Mock PJCIS hearings 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
Weekly quizzes	10 %	*	*	LO 1,2 &3
Engagement with key concepts and practical exercises	10 %	*	*	1,2,3 & 5
Policy proposal for law reform	30 %	11/04/2023	17/04/2023	LO 2,3,4 &5
Mock PJCIS submission	50 %	*	30/06/2023	LO, 2, 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 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

See task 2

Examination(s)

See task 4

Assessment Task 1

Weekly quizzes

Brief Details: There will be short quiz each week that deals with content from the weekly readings and lectures. The quiz will be on Wattle and will usually be multiple choice/ short answer format.

Nature of the task: It is only strictly necessary to complete 10 out of the 12 quizzes but it is strongly recommended that students attempt all quizzes.

Weighting: Overall 10%. There will be a quiz each week over the 12 week course, only the 10 highest grades count (ie the 10 best results).

Release/ Due Date: Quizzes will usually be released the day after the lecture each week (ie on a Tuesday). Each quiz will be available on Wattle for one week after it is released.

Late Submission: Permitted in special circumstances

Estimated Return Date: Quiz results and feedback are provided on Wattle directly after each quiz is completed.

Assessment Criteria: The quizzes are designed to assess understanding of the readings and lecture content.

Assessment Task 2

Engagement with key concepts and practical exercises

Brief Details: Students will be required to engage with key concepts and readings each week through active participation in seminar activities. The will usually include completing in-seminar activities to practice finding and applying relevant laws to they types of problems a policy or operational officer working in the security/ intelligence field may encounter. This task will be assessed through participation in seminar discussions and completion of seminar activities. If a student is unable to attend a particular seminar they can watch the recording of the class or seminar and compete a short task to demonstrate their engagement with the material (this task in-lieu will usually be similar to the in-seminar activities).

Nature of the task: It is only strictly necessary to complete 10 out of the 12 seminars but it is strongly recommended that students attend all seminars and attempt all activities.

Weighting: Overall 10%. There will be seminars each week over the 12 week course, only the 10 highest grades for each to count (ie the 10 best results).

Word Limit: For students who are unable to attend a particular seminar the alternative means of demonstrating engagement will be an in-lieu activity usually in the range of 200-400 words.

Release/ Due Date: For students unable to attend a class/seminar the in-lieu task will be due 1 week after the recording of the seminars and alternative task are released via Wattle/Echo 360 (usually on a Thursday).

Late Submission: Late submission of in-lieu assessments permitted in special circumstances

Estimated Return Date: Indicative feedback on engagement marks will provided be within two week of each seminar (or within two weeks of the submission of an assignment in-lieu). Final results will be released with end of semester results.

Assessment Criteria: Students will be assessed on their engagement with key concepts, readings and discussions. An assessment rubric for this task will be made available on WATTLE.

Assessment Task 3

Policy proposal for law reform

Brief Details: Students will be required to write a 1500-1800 word proposal for law reform based on a current piece of national security law.  Students can select from a number of current provisions and are to develop a proposal which explains the current law, identifies a problem with it and proposes a solution.  Some research will be required to complete this task including looking at credible public sources of information about the operations of security and intelligence agencies such as public reports and reviews and Committee Hansard.  

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

Weighting: 30%

Release: The laws that students can select from will be released on WATTLE by the end of Week 3.

Due date: 11 April. Submission will be via Turnitin

Late Submission: permitted in exceptional circumstances

Estimated Return date: Marked work will be returned to the students by the end of the mid-semester break.

Assessment Criteria: Students will be marked on their ability to reflect on the operation of Australian national security law as well to explain and justifying  law reform.

An assessment rubric for this task will be made available on WATTLE.

Assessment Task 4

Mock PJCIS submission

Brief Details: This task is intended to simulate policy-makers’ involvement in a key aspect of the national security law-making process: preparing for and attending Parliamentary Committee hearings. The assessment has four parts:

1. Opening Statement. Students will work in a small group (aprox 3-4 students) to prepare a 5-7 minute ‘opening statement’ suitable for a Parliamentary Joint Committee on Intelligence and Security (PJCIS) hearing.
2. Briefing Pack. Each student will prepare their own 'briefing pack' for the hearing. A copy of the pack is to be submitted before the hearing.
3. Participation in a mock hearing. At the mock hearing, after delivery of the opening statement the 'committee' will ask questions and each student will need to answer at least 2 substantive questions (plus follow up questions if needed) from the ‘committee’.   Students can use their briefing pack to assist in answering questions during the hearing.
4. Reflection. A brief reflection based on the template provided (to be submitted submitted 1 week after the hearing).

There will be a choice of topics, and the task will involve making a compelling and well-researched case for or against a particular proposal from the perspective of an identified stakeholder. A video recording will be made of students oral presentation to assist in the marking process. Some research will be required to complete this task including looking at public reports/ reviews/Hansard and relevant academic literature. 

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

Weighting: 50%

Time Limit: Oral 'hearing' of 20-30 minutes depending on group size.

Release: The topics will be available on WATTLE in Week 7

Due Date: This task will be scheduled during the exam period, extensions are unlikely to be possible given the group nature of the task and the oral exam arrangements (subject to ANU deferred assessment policy for exceptional circumstances).

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 and how well structured, persuasive and well researched their oral presentation is. Students will also be assessed on the quality of their briefing pack and reflections. Where students experience significant difficulty answering a question during the oral hearing their final mark for that answer will also take account of the notes in their briefing pack. 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. 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

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

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