National Security Law is a rapidly evolving 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. 

As new incidents occur or challenges arise, it is often the case that legislative change is one of, if not the, preferred initial response. These changes have been broadly cast - ranging from expanded or refined operating powers and processes for national security agencies, through to the creation of new offences within the widening penumbra of criminalised conduct that surrounds demonstrably terrorist activity.

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. Reflect upon and synthesise various understandings of what the concept of 'national security' means in order to formulate an understanding of this idea in an Australian context;
2. Explain and reflect on the main features of the way Australian national security institutions are organised, and in particular the legal basis on which they operate;
3. Critically analyse the main features of Australian national security institutions, and their legal basis
4. Interpret and reflect on the main features of framework of Australian national security law, how this legal framework developed and how it currently operates;
5. Respond to, or develop a research essay question that requires students to 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.

Research-Led Teaching

This course is closely informed by past and current research carried out by Dr Dominique Dalla-Pozza. She is a Senior Lecturer at the ANU College of Law. Dom conducts research on Australian Public Law and the process by which Australian national security law has been enacted. She has a particular interest in legislative responses to counter-terrorism. From 2006 to 2010 she was a PhD candidate with the Gilbert + Tobin Centre of Public Law at the Faculty of Law at the University of New South Wales where she developed her interest in National Security Law. In 2010 she completed her PhD titled 'The Australian Approach to Enacting Counter-Terrorism Laws'. She has published on many different aspects of Australia's national security law framework. Additionally, the guest speakers who have agreed to give presentations in this course have been selected because they have significant experience practicing and/or researching in national security law, or related national security issues.

Required Resources

A reading list will be available via Leganto on the Course Wattle 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:

(a) Written comments on both written assessment items (Assessment items 2, 3 and 4).

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/current-students/policies-procedures/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/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: 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 any announcements relating to the course.

Artificial Intelligence (AI): The ANU Academic Integrity website 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 is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU College of Law Academic Integrity and Misconduct site 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	In 2024 this course will be taught over six weeks completely online. This will involve a combination of: pre-recorded podcasts (which will generally be released a week prior to the online classes and must be viewed prior to the online class); in class activities (held on zoom); in class presentations/panels by guest speakers (held on zoom). A detailed schedule outlining when pre-recorded material will be available, and which topics will be discussed will be made available on WATTLE.	In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource, and they should not be taken as a substitute for regular online attendance. If a recording does fail, there is no guarantee a replacement recording will be provided. Please note that the panel discussion may not be recorded.
2	Week 1 (2 x 2 hour online zoom sessions + 3.5 hours of pre-recorded podcasts)Topics covered in this week include: General conceptions of national security; Legal Structures for the Australian National Intelligence Community; Constitutional Issues in National Security Law; Australia's Counter-Terrorism Law Framework.	Set Question for AT1 (Seminar Activity Reflective Oral Presentation) Released 13 February 2024Set Question for AT2 (Law Reform Assessment or Case Note) Released 13 February 2024
3	Week 2 (1 x 2 hour online zoom session + 2 hours pre-recorded podcasts)Topics covered in this week include: Australian legal responses to Espionage and Foreign Interference; Australian legal regimes dealing with Foreign Arrangements and Foreign Influence.
4	Week 3 (2 x 2 hour online zoom sessions + 2 hours pre-recorded podcasts)Topics covered in this week include Electronic Interception/Intelligence gathering; The National Security Law -Making Process.	AT1 Seminar Activity Reflective Oral Presentations to be given and assessed in the in-class session on 27 February 2024
5	Week 4 (1 x 2 hour online zoom session + 1 hour pre-recorded podcast)Topics covered in this week include: National Security Information and the Courts; Special Powers given to ASIO and Police Forces to respond to National Security Threats.
6	Week 5 (1 x 2 hour online zoom session + 1 hour pre-recorded podcast)Topics covered in this week include: Australia's Terrorism Trials; National Security related post-sentence detention regimes.	AT2 Law Reform Assessment or Case Note Due Monday 4 March 2024AT3 Research Essay Questions and Oral 'Q&A Discussion' Prompts Released Thursday 7 March 2024
7	Week 6 (2 x 2 hour online zoom sessions + 1 hour of pre-recorded podcast)Topics covered in this week include: Oversight and Monitoring of Australia's National Security Laws; Australian approaches to Cybersecurity and Securing Critical Infrastructure; Course wrap up.	Note that AT3 due dates fall after teaching in the course is complete: The AT3 Research Essay is due 18 April 2024 The AT3 Oral 'Q&A Discussions will be held on zoom between Monday 25 March 2024 and Thursday 28 March 2024

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
Seminar Activity Reflective Oral Presentation	5 %	27/02/2024	12/03/2024	1,2
Law Reform Assessment or Case Note	35 %	04/03/2024	05/04/2024	1,2,3,4
Research Essay and Oral Q&A Session	60 %	18/04/2024	13/05/2024	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

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.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Examination(s)

There is no examination for this course.

Assessment Task 1

Seminar Activity Reflective Oral Presentation

Details of Task: Students will need to prepare and present an oral presentation of no more than 2 minutes each. Each oral presentation will have to answer no more than TWO set questions and must relate to students participation in TWO specified ‘in-class’ group seminar activities.

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

Weighting: 5%

Approval/release of Topic: 13 February 2024. The set questions which will be released on WATTLE.

Due Date: Each student will need to present their two-minute oral presentation to the Course Convenor on zoom in the ‘in-class session’ to be held on 27 February 2024 from 6-8pm

Students will be randomly allocated a time slot within that period to do their presentation.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, one week later with your convenor.

Estimated Return Date: 12 March 2024

Assessment Criteria:

• Answering the reflective question(s) asked;
• Ability to reflect on what the combination of seminar group tasks illuminated about how the concept of ‘national security is understood in an Australian context and how the Australian national security law framework and institutions within it operate; and
• Ability to express themselves in an oral form, clearly and in a structured way.

Assessment Task 2

Law Reform Assessment or Case Note

Details of Task: Take-home set question Law Reform assessment or case note. This assessment task will focus upon applying relevant law and legal principles to a hypothetical law reform style task, assessing the impact of the relevant statutory provisions and justifying suggested changes to them/ OR discussing the significance of a recent case. The exact scope of this task will be confirmed on Wattle.

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

Weighting: 35%

Release: 13 February 2024. The topic is set and will be released on Wattle.

Word Limit: 2000 words, excluding footnotes. A bibliography is NOT required. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 4 March 2024. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 5 April 2024

Assessment Criteria:

a) Content

• answering the question(s) asked
• identification of the legal issues raised from the questions
• legal principles stated/explained accurately
• legal principles stated/explained in appropriate detail
• recognition and evaluation of judicial and/or statutory ambiguities and ‘grey areas’
• originality/innovation in approach to issues
• clear conclusions/recommendations made

b) Structure/organisation

• emphasis on the significant issues
• answer is coherent and structure logical

c) Expression

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes, style in accordance with the Australian Guide to Legal Citation (4th edition) but NO bibliography is required
• style according to Australian Guide to Legal Citation
• adherence to word limit 

Assessment Task 3

Research Essay and Oral Q&A Session

Details of Task: Students will select from a selection of essay topics provided by the course convenor. A series of 'Question and Answer Discussion Questions' will also be released. These topics and Discussion Questions will be released by 7 March 2024.

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

Weighting: 60% (50% for Part I (the research essay); 10% for Part II (the Oral Q&A session))

Word Limit:

• Part I: 3000 words, excluding footnotes. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.
• Part II: Each Oral Q&A session will last for 10 minutes.

Due Date:

• Part I: 5pm, 18 April 2024. Late submissions (without an extension) are permitted, but late penalties will apply.
• Part II: The Q&A Discussion sessions will be held on zoom between 6 pm and 9 pm on Monday 25 March 2024 - Thursday 28 March 2024 (inclusive). Students will select a 10 minute time-slot on one of those days to hold their Oral Q&A with the Course Convenor. These sessions will be recorded. If students cannot be present on these days, a 'make-up Q&A discussion session may be arranged with the convenor, up to 10 working days after 28 March 2024.

Estimated Return Date: 13 May 2024 for both Parts I and II

Assessment Criteria: Part I

a)   Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b)   Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c)   Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d)   Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e)   Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Assessment Criteria: Part II

• Answering the question(s) asked;
• Ability to reflect on key elements of the research process
• Ability to express themselves in an oral form, clearly and in a structured way.

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 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.

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 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