In the past twenty years Australia has enacted an extraordinary number of new laws relating to national security, and the rate of new legislation in this field does not appear to be slowing. People who work in national security policy roles play an essential part in the development and review of these laws.  To do this work well policy makers need a good understanding of Australia’s legal framework and the role of legislation in both granting powers and protecting rights to ensure that the State’s power over citizens in the name of national security is exercised consistently with Australia’s character as a liberal democratic society.

This course is designed for students of national security policy – including serving and prospective policymakers. It will also be of interest to those who work (or want to work) in the field of security and intelligence as it provides insight into the ways that laws affect the work of security and intelligence agencies.  After setting out some foundations and basic legal architecture, this course will focus on specific areas where the law has been used as a mechanism for implementing national security policy.  These includes examination of surveillance and interception powers, laws designed to manage national security risks from foreign influence and laws intended to protect critical infrastructure. 

This course has a practical focus.  The classes are highly interactive and students will learn and apply skills that will enable them to navigate and read legislation, propose law reform and prepare submissions for Parliamentary Committees.  The program also features guest lectures from a broad range of practitioners as well as academics in the area of national security.  

A key theme running through this course is to question when the law can (or should) be used as a national security tool.  Students will gain understanding of the process by which Australian national security law is made, and how the use of this body of law is overseen. 

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 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 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.

Other Information

CRAWFORD ACADEMIC SKILLS

The Crawford School of Public Policy has its own Academic Skills team dedicated to helping students to understand the academic expectations of studying at Crawford and succeed in their chosen program of study. Through individual appointments, course-embedded workshops and online resources, Crawford Academic Skills provides tailored advice to students keen to develop their academic reading, thinking, planning, writing, and presentation skills.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lecture:Hour 1: Introduction to Law as a National Security Policy Tool Hour 2: Legal Foundations of Australia’s National Security Community (I) Workshop: Activity relating to Legal Foundations of Australia's National Community	AT1 Individual Workshop Reflection Task Set Questions and Rubric ReleasedAT1 Selection of Weeks for Reflection Tool Open
2	Lecture:Hour 1: Legal Foundations of Australia’s National Security Community (II)Hour 2: The Importance of Statutes in National Security Law Guest Lecture in Hour 2 (TBC) Workshop: Activity relating to reading and interpreting statutes	AT1 End of this week - Selection of Workshop Activities for Reflection Closes
3	LectureHour 1: The National Security Law-Making Process (I)Hour 2: The National Security Law-Making Process (II) Guest Lecture in Hour 2 (TBC) Workshop: Activity relating to the National Security Law-Making Process	AT1 Individual Workshop Reflection Due (if Week 2 has been chosen).AT2 (Policy Proposal for Law Reform) topic options and Rubric for AT2 released on WATTLE by the end of this week.
4	Lecture:Hours 1 & 2: Constitutional Issues in Australian National Security Law (including issues regarding the Implied Freedom of Political Communication)Workshop: Activity relating to Constitutional Issues in Australian National Security Law	AT1 Individual Workshop Reflection Due (if Week 3 has been chosen).
5	Lecture:Hours 1&2: Australia’s Counter-Terrorism Law FrameworkWorkshop: Activity relating to Australia's Counter-Terrorism Law Framework	AT1 Individual Workshop Reflection Due (if Week 4 has been chosen). Note All students need to have done one reflection on Weeks 2-4.
6	Lecture:Hour 1: Legal Issues relating to National Security Information (including secrecy) (I)Hour 2: Legal Issues relating to National Security Information (including secrecy) (II) Guest Presenters in Hour 2 (TBC) Workshop: Activity relating to law reform of laws relating to secrecy in national security	AT1 Individual Workshop Reflection Due (if Week 5 has been chosen).AT2 Policy proposal for law reform due by 5 September 2024 (first week of the teaching break).
7	Lecture:Hour 1: Legal Responses to Espionage and Foreign InterferenceHour 2: Legal Responses to Foreign InfluenceWorkshop: Activity relating to Legal responses to Espionage, Foreign Interference and Foreign Influence	AT1 Individual Workshop Reflection Due (if Week 6 has been chosen).AT3 Topics and Rubric Available on WATTLE by the end of this week.
8	Lecture:Hour 1: Ministerial Authorisations and Warrants (Special Powers given to ASIO)Hour 2: Guest Presenter panel on Warrants and Ministerial Authorisations Guest Presenters (TBC) Workshop: Activity relating to Ministerial Authorisation and Warrants	AT1 Individual Workshop Reflection Due (if Week 7 has been chosen).
9	LectureHour 1: Legal Issues relating to Electronic Surveillance (I)Hour 2: Legal Issues relating to Electronic Surveillance (II) Guest Presenter (TBC) Workshop: Activity relating to Legal issues relating to Electronic Surveillance	AT1 Individual Workshop Reflection Due (if Week 8 has been chosen).
10	LectureHours 1 & 2: Legal Issues relating to Security of Critical Infrastructure and Cyber Security Potential Guest Lecture for Hour 2 (TBC) Workshop: Activity relating to Security of Critical Infrastructure and Cyber Security	AT1 Individual Workshop Reflection Due (if Week 9 has been chosen).
11	Lecture:Hours 1 and 2: Oversight of the National Security Community Guest Panel (TBC)	AT1 Individual Workshop Reflection Due (if Week 10 has been chosen).All students must have completed 4 Individual Workshop Reflections.
12	LectureFuture Challenges for National Security Law in AustraliaWorkshop: Preparation session for Mock PJCIS hearing	Task 3: Mock PJCIS hearings to be held during the exam period.

Tutorial Registration

Please see the course WATTLE site for further details

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Individual Reflection on Workshop Task	20 %	*	*	1,2,3,5
Policy proposal for law reform	30 %	05/09/2024	26/09/2024	2,3,4,5
Mock PJCIS Submission and Appearance	50 %	*	28/11/2024	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
• 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

Participation in all lectures (and especially the Workshops) is expected each Week. Completing Assessment Task 1 will require engagement and participation in Workshop Activities (see details of Assessment Task 1)

Examination(s)

See task 3

Assessment Task 1

Individual Reflection on Workshop Task

Students will be required to complete four reflective posts of 250 words each. Students need to select four workshop activities from Week 2– Week 10 to reflect on. At least ONE reflective post MUST reflect on an Activity from Weeks 2, 3, and 4. The other three reflective posts can reflect on ANY Workshop Activity from Week 2 - Week 10.

Each reflective post will respond to one of two set questions. Students can select either question. Students can change which question they chose to respond to for each week. Students will have until the beginning of Week 2 to select the Weeks they wish to reflect on. A Selection tool to allow this choice will be available from Tuesday Week 1 and will close at 5 pm on Monday Week 2.  If students need to change their selected topics after Monday Week 2, they will need to contact the course convenor.

This task is compulsory and non-redeemable. Brief Written feedback and a mark out of 5 for each forum post will be provided one week after the forum post is submitted.

• Total weighting of this assessment: 20%
• Release: The set questions will be released on Tuesday 23 July 2023 (Week 1).
• Word Limit: 1000 words (4 x 250-word posts). The ANU College of Asia and the Pacific’s Word Length and Excess Word Penalty Guidelines applies to this assessment item and can be found here.
• Due Date: Each reflective post is due at 5 pm on the Wednesday following the Workshop they have chosen to reflect on (so a student who has chosen to reflect on Week 2, will submit their written reflection by 5 pm Wednesday Week 3). Submission will be via Turnitin.
• Estimated Return Date: Brief Written Feedback will be available by 11:55 pm on Wednesday one week after submission. Final results (the accumulation of the marks received for all four posts) will be released with end of semester results.

Students who are unable to attend the seminar should watch the recording and undertake the seminar activity themselves and reflect on their performance.

Late Submission: Late submission of in-lieu assessments permitted in special circumstances Students who are unable to attend the seminar should watch the recording and undertake the seminar activity themselves and reflect on their performance.

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 in Week 1.

Assessment Task 2

Policy proposal for law reform

Brief Details: Students will be required to write a 1500-word proposal for law reform based on a current piece of national security law.  Students can select from a choice 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.  The ANU College of Asia and the Pacific’s Word Length and Excess Word Penalty Guidelines applies to this assessment item and can be found here.

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: 5 September 2024 at 11:55 pm Submission will be via Turnitin

Late Submission: permitted in exceptional circumstances

Estimated Return date: Marked work will be returned to the students by 26 September 2024

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 by the end of Week 3.

Assessment Task 3

Mock PJCIS Submission and Appearance

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 three parts:

1. Opening Statement. Students will work in a small group (approx. 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 individually prepare their own 'briefing pack' for the hearing. A copy of the pack is to be submitted to Turnitin 24 hours before the hearing. The wordcount for the briefing pack is 2500 words. The ANU College of Asia and the Pacific’s Word Length and Excess Word Penalty Guidelines applies to this assessment item and can be found here.
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.

Students will be randomly allocated into a group.

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 for 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% in total (40% written briefing pack; 10% for the Oral Presentation)

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

Release: The topics will be available on WATTLE in Week 7. The Group Allocation will also be released on WATTLE at this time.

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. Where students anticipate they will experience significant difficulty answering a question during the oral hearing they should speak to the Course Convenor ahead of time. In these circumstances the convenor will accept written answers to two questions (of around 200 words each) to be submitted to the convenor within 24 hours after their oral presentation. An assessment rubric for both the written briefing pack and the oral presentation will be made available on WATTLE by end of Week 7.

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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

See the estimated return dates for each Assessment Task in the sections above.

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