This course considers the relationship between the state and religion in Australia and, specifically, the ways in which the state – directly or indirectly – regulates religious groups and religious activity in Australia through legislative and doctrinal mechanisms. The course begins with an overview of the framework within which such interaction occurs, including legal definitions of religion; constitutional and human rights protections of freedom of religion; the constitution and legal standing of religious entities; and the status of religious legal systems. The course then focuses upon doctrinal and legislative regulation of religious groups and religious activity. Topics covered will include religious financing; religion in schools; religious spaces; and the protection of information divulged in the context of religious relationships. The course may also include religion and family law; anti-discrimination law; and employment law. There will be some comparative content. The course does not cover criminal law.

 

Learning Outcomes

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

1. Evaluate the relationship between the state and religion in Australia, with reference to case law, legislation and scholarly writings.
2. Develop and apply specialist knowledge about the relationship between the state and religion in Australia.
3. Engage in original and critical reflection on law and religion in Australia.
4. Plan and execute a research project and communicate findings to a variety of audiences.

Research-Led Teaching

Professor Ridge's doctrinal and historical research into state funding of religion and constitutional and human rights protection of freedom of religion informs the teaching in this course. She has also written on the definition of religion, judicial neutrality towards religion, the state religion relationship in Australia, financial abuse of spiritual influence, and protection of the confessional seal.

Required Resources

There is no prescribed textbook for this course. Helpful general texts are:

Paul Babie, Joshua Neoh, James Kumrey-Quinn and Chong Tsang, Religion and Law in Australia (Wolters Kluwer, 3rd ed, 2022) (Library copy on order)

Renae Barker, State and Religion: the Australian Story (Routledge, 2019) (electronic copy in ANU Library)

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

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

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

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 any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Weeks 1-3: A legal framework for considering the interaction of law and religion in AustraliaIntroduction; Religion in Australia; Frameworks for state religion relations (guest speaker tbc).	15 min podcast; 2 hour online workshop; moderated discussion forum. Additional 1 hour online recorded lecture.
2	Defining religion; Constitutional protections of religion (guest speaker tbc).	15 min podcast; 2 hour online workshop; moderated discussion forum.
3	Freedom of religion as a human right (guest speaker tbc).	15 min podcast; 2 hour online workshop; moderated discussion forum. Additional 1 hour online recorded lecture (Freedom of religion overview).
4	Weeks 4-8: Doctrinal and legislative regulation of religious groups and religious activitiesDiscrimination law (guest speaker tbc).	15 min podcast; 2 hour online workshop; moderated discussion forum.
5	State funding of religion.	15 min podcast; 2 hour online workshop; moderated discussion forum.Workshop engagement for Weeks 1-4 assessed.
6	National security & religion (guest speaker: Associate Professor Dominique Dalla-Pozza).	15 min podcast; 2 hour online workshop; moderated discussion forum.
7	Religion & abuse (guest speaker tbc).	15 min podcast; 2 hour online workshop; moderated discussion forum.
8	Essay research & writing skills. Further topics tbc after consultation. Possible topics include clergy confidentiality, life & death issues; and judicial religious neutrality.	15 min podcast; 2 hour online workshop; moderated discussion forum.Workshop engagement for Weeks 5-8 assessed.Research project due 4 weeks after end of classes.

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	Learning Outcomes
Workshop engagement and critical reflection	40 %	*	1, 2, 3
Research project	60 %	08/05/2025	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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Workshop engagement and critical reflection

Task: your engagement with the course content will be assessed by way of your participation in the weekly workshops, and your weekly posts in an online moderated discussion forum. Your first forum post each week will give you access to other students' posts. You must respond to at least one other post that week. Your posts should engage with course content, classes, set readings, and other students' contributions, and may also draw on other material such as your own work/life experiences, further relevant readings, media reports, current events, etc. There is no formal word limit on individual posts; but you should aim to be succinct, focused and relevant. 300 words for original posts and 150 words for responses to other posts will be considered sufficient. Your posts must comply with the expectations for a respectful and safe learning environment set out in Week 1.

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

Weighting: 40%

Due date: Forum posts in relation to a week's content can be made any time between the conclusion of the week's workshop until the commencement (2pm, Thursday) of the next week’s workshop or, in relation to the Week 8 discussion forum, by 2pm Thursday, 17 April. Late posts (without an extension) are permitted, but late penalties will apply.

Estimated return date: The discussion forum will be moderated during business hours by the course convenor and ongoing feedback on posts will be provided. A mark out of 20 possible marks for this assessment task will be given by the beginning of Week 6 in relation to Weeks 1-4 engagement, and after teaching concludes in relation to Weeks 5-8 engagement.

Rubric: A rubric is available under the Assessment Task in Wattle.

Assessment Task 2

Research project

Task: You are to engage in independent research and critical reflection of a theoretical and/or doctrinal and/or law and public policy nature on one of the topics posted on WATTLE and write a 4,500 words essay or law reform proposal which sets out the findings of your research and the outcomes of your reflection.

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

Weighting: 60%

Topics: A list of project topics will be available on WATTLE by Monday, 17 February 2025 and may be added to. Two (essay) topics are drawn from the University of Southern Queensland's Law & Religion Essay Competition Alternatively, you may write on your own topic with the Convenor’s approval. If choosing the latter option, you must email the Convenor, explaining your proposed topic and why it is suitable, by Friday, 20 March 2025. The Convenor may refuse to approve a proposed topic.

Word limit: 4,500 words. The ANU College of Law's Word Length and Excess Word penalties policy applies.

Formatting and Submission Requirements: Footnotes should be used for the referencing of all sources and a bibliography must be attached (do not include the bibliography in your word count). All references should be compliant with the 4th edition of the Australian Guide to Legal Citation. Paragraphs or sections may be numbered in law reform submissions only. Do not number the paragraphs of an essay. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due date: 5pm, Thursday, 8 May 2025. Late submissions (without an extension) are permitted, but the ANU College of Law's default policy on late penalties will apply.

Estimated return date: approximately two weeks after submission.

Assessment criteria:

• Understanding and discussion of relevant law.
• Argument and response to question.
• Critical evaluation of material.
•  Research of primary legal and scholarly secondary sources
• Independent Research: extent (an appropriate range of primary and secondary sources that are relevant to the topic), depth and appropriateness. A bibliography must be supplied.
• Referencing and compliance with AGLC 4th edition.
• Effective use of words and word limit to address key issues.
• Style.
• Structure including logical development of content/material.
• Effective use of headings.

Rubric: A rubric is available under the Assessment Task in 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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

• Late submission is not accepted for tests or examinations.

• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

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

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

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students