This course will take students on a journey through Australian history, and through the Australian legislative system.

The course will reflect on indigenous peoples in Anglo-Australian society and under Anglo-Australian common law, the history of British settlement and the changes in Aboriginal societies in the last 250 years, Aboriginal people in the colonies and the evolution of Federation. Discussion of segregations, assimilation and integration since 1788 will also be key to the first part of the course.

The second part of the course will focus on government decision making, covering parliament and the process of law making, legal bases for making administrative decisions within the public sector (with examples including both Indigenous and non-Indigenous elements), administrative or government decisions (who makes a ‘decision’, what is a ‘decision’, who is considered the ‘decision maker’ for issues that clients of government services might seek to query). Avenues available for the public to challenging such decisions (Ombudsman, Administrative Tribunals and the Courts) will be discussed, along with key legislation affecting the public sector: The PGPA Act (Public Governance, Performance and Accountability Act 2013), ADJR Act (Administrative Decisions (Judicial Review) Act 1977).

Learning Outcomes

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

1. Explain the role of historical events on Indigenous people in in contemporary Australian society
2. Identify the decision makers within the public sector
3. Critically assess the legal and administrative bases of decision making within the public sector
4. Identify the various avenues for challenging administrative and government decisions
5. Analyse key public sector legislation within Australia

Research-Led Teaching

The course will include consideration of current research and contemporary issues.

Field Trips

There are no field trips in this course.

Additional Course Costs

No additional class costs.

Examination Material or equipment

There are no examinations run for this course.

Required Resources

Anthony Marinac et al, Learning Law (2nd ed, Cambridge University Press, 2020). A hard copy copy will be available on 2hr loan from ANU Library reserve & short loan collection. The ebook can be accessed at https://library.anu.edu.au/record=b6949946

The College will provide enrolled students a copy of this text.

Recommended Resources

Catriona Cook et al, Laying Down the Law (10th ed, LexisNexis Butterworths 2017)

The ebook can be accessed at https://library.anu.edu.au/record=b6855392

Peter Cane, Leighton McDonald, and Kristen Rundle, Principles of Administrative Law (3rd ed, Oxford University Press, 2018)

The ebook can be accessed at https://library.anu.edu.au/record=b6460181

Staff Feedback

Students will be given feedback in the following forms in this course:

• Self-study feedback in class
• Self study feedback from quizzes/tasks provided for this purpose
• Group in class feedback on performnces in quizzes and assignments
• Individual feedback on student performance in assessment tasks is available on request from the lecturer; please make an appointment to request this.

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

Teaching and tutoring support

• Lectures will be delivered live.
• Students are encourage to make appointments with the class tutors to receive additional support for their study throughout the course

Assessment requirements

• As a further academic integrity control, students may be selected for a 15 minute individual oral examination of their written assessment submissions. Any student identified, either during the current semester or in retrospect, as having used ghost writing services will be investigated under the University’s Academic Integrity Rule.
• Assessment word limits can be over or under by 10% eg if the assessment word limit is 1000 words it can be within 900-1100 words. However, there is no penalty for going over the word limit.

Other support for students

• The University offers a number of support services for students. Information on these is available online from http://students.anu.edu.au/studentlife/

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to Government Decision Making and Statutory Interpretation
2	Common Law: Reading Cases
3	Indigenous Peoples and Legal Issues
4	Workshop Day 1 - Tutorials, Client interview exercises and reflections	Assessment Task 1: Quiz 1 due 7 February 2024
5	Workshop Day 2 - Tutorials, Client Interview exercises and reflections	Assessment Task 2: Quiz 2 due 9 February 2024
6	Policy development cycle and Passage of Legislation
7	Administrative Law and Government Decisions
8	United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
9	Separation of Powers and Decision Making by Judges
10	Remedies available to the public	Assessment Task 3: Reflective Piece due 23 February 2024
11	Legislation and 'Decisions' made in Government
12	Procedural Fairness and Due Process
13	Accountability Measures
14	Native Title	Assessment Task 4: Discussion Forum Post due 8 March 2024Assessment Task 5: Research Essay due 5 April 2024

Tutorial Registration

N/A

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz 1	5 %	07/02/2024	16/02/2024	1,2,3,4,5
Quiz 2	15 %	09/02/2024	23/02/2024	1,2,3,4,5
Reflective Piece	20 %	23/02/2024	15/03/2024	1,2,4
Discussion Forum Post	25 %	08/03/2024	*	1,2,3,4,5
Research Essay	35 %	05/04/2024	*	1,2,3,4,5

* 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

The course will include a 5 day intensive teaching period:

• Monday - Friday (5 - 9 February) 9.30am - 5.30pm Australian Eastern Daylight Time (AEDT)

There will be weekly Thursday sessions following the intensive week:

• Tutorials: Thursday from 10am-1pm AEDT (15 February, 22 February, 29 February, 7 March, 14 March, 21 March and 28 March)
• Class: Thursday from 2-6pm AEDT (15 February, 22 February, 29 February, 7 March, 14 March, 21 March and 28 March)

 

For all courses taught in intensive mode, the ANU College of Business and Economics considers participation in the classes offered to be an important part of the educational experience of the program and students are strongly encouraged to attend all classes, and all of each class.

 

Lectures will be streamed live, recorded and made available on Wattle. Some tutorials will be carried out online and recorded through Microsoft Teams. In-person tutorials on Thursday are available at the ANU.

Examination(s)

There are no examinations for this course.

Assessment Task 1

Quiz 1

The quiz will include multiple choice and short answer questions. The quiz will be open book.

Time limit: N/A

Marking criteria (for short answer questions): Further details regarding assessments will be made available on Wattle no later than Day 1 of the intensive teaching period.

• Accurate interpretation of statutes provided
• Simple English and grammar

Opening date: Information on opening dates and times for the Online Tests will be given through announcement on Wattle.

Due date: 7 February 2024, 8pm AEDT (20:00pm)

Form of submission: online on the course Wattle site

Feedback by: will be given in the week following the quiz, 16 February 2024

Assessment Task 2

Quiz 2

The quiz will include multiple choice and short answer questions. The quiz will be open book.

Time limit: N/A

Marking criteria (for short answer questions): Further details regarding assessments will be made available on Wattle no later than Day 1 of the intensive teaching period.

• Accurate interpretation of statutes provided
• Simple English and grammar

Opening date: Information on opening dates and times for the Online Tests will be given through announcement on Wattle.

Due date: 9 February 2024, 8pm AEDT (20:00pm)

Form of submission: online on the course Wattle site

Feedback by: will be given two weeks following the quiz, 23 February 2024

Assessment Task 3

Reflective Piece

Word limit: 500-750 words

Marking criteria: Further details regarding assessments will be made available on Wattle no later than Day 1 of the intensive teaching period.

• Understanding of the client-lawyer interaction with a focus on Indigenous peoples' access to justice
• Clear expression

Due date: 23 February 2024, 11.59pm AEDT (23:59pm)

Form of submission: via Turnitin on the course Wattle site

Feedback: 15 March 2024

Assessment Task 4

Discussion Forum Post

Word limit: 750-1000 words

Marking criteria: Further details regarding assessments will be made available on Wattle no later than Day 1 of the intensive teaching period.

• Critical understanding of key Indigenous issues touching on the law
• Clear and concise expression

Due date: 8 March 2024, 11.59pm AEDT (23:59pm)

Form of submission: via Turnitin on the course Wattle site

Feedback: to be released with final course grades

Assessment Task 5

Research Essay

Word limit: 1500 words

Marking criteria: Further details regarding assessments will be made available on Wattle no later than Day 1 of the intensive teaching period.

• Deep understanding of the topic
• Good, clear argument
• Clear, precise expression
• Accurate referencing

Due date: 5 April 2024, 11.59pm AEST (23:59pm)

Form of submission: via Turnitin on the course Wattle site

Feedback: to be released with final course grades

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 permitted. Late submission of assessment tasks without an extension are penalized at the rate of 5% of the possible marks available per working day or part thereof.

In this course, all requests for extensions to assessment must be submitted to the course convenor for initial consideration.

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.

Returning Assignments

All assignments will be marked and where appropriate feedback will be provided via the course Wattle site.

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.

Resubmission of Assignments

Unless specified otherwise in the assignment requirements, re-submissions are permitted up until the due date and time, but not allowed afterwards. Please note Turnitin may have additional limitations in this regard.

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