Course Title: Apply foundation legal principles

Part B: Course Detail

Teaching Period: VE 2017

Class Number: See specific class number

Class Section:

Please see Enrolment Online (EOL) to check the class section and class number.

Course Code: JUST5724

Course Title: Apply foundation legal principles

School: 365T Global, Urban and Social Studies

Campus: City Campus

Program: C4323 - Certificate IV in Justice

Course Contact: Irene Pagliarella, Program Manager

Course Contact Phone: +61 3 9925 4581

Course Contact Email: irene.pagliarella@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Georgy DUMAS

+61 3 9925 4203

georgy.dumas@rmit.edu.au

Nominal Hours: 70

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

Nil

Course Description

In this course you will develop the skills and knowledge required to apply various aspects of law and jurisdiction processes and procedures relevant to working within the Victorian criminal justice system. You will be provided an introduction to the Victorian and Australian legal system including the Constitution; legislative and law making bodies; adjudication and enforcement.       


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20868 Apply foundation legal principles

Element:

1. Investigate the origins and the sources of State and Federal law and their application to the Victorian Justice environment.

 

 

Performance Criteria:

1.1 Australian law prior to federation is delineated.

1.2 Federal and State Constitutional powers and their limitations are identified.

1.3 Law making through Parliament, the Courts and subordinate authorities are investigated.

1.4 Main aims and elements of administrative, civil, criminal law, and their application to the Victorian justice environment are explored.

Element:

2. Explore the function, operation and jurisdiction of Victorian Courts and Tribunals within the Australian Court system

 

Performance Criteria:

2.1 Structure and jurisdiction of the Victorian courts and tribunals are delineated.

2.2 Process of civil and criminal actions and appeals, including the functions and responsibilities of the parties involved are identified.

2.3 Different approaches and applications to statutory interpretation are analysed, evaluated and applied to legal matters.

2.4 Therapeutic justice principles, within a court framework, are examined.

Element:

3. Explore the role of Administrative law in the Victorian Justice system.

 

Performance Criteria:

3.1 Principles of natural justice are analysed.

3.2 Grounds on which an administrative decision/action may be reviewed or challenged in the courts and tribunals are examined.

3.3 Legislative and common law provisions relating to the judicial review by the courts and tribunals are examined.

Element:

4. Identify and apply appropriate elements of the Victorian legal system to current/potential Justice Environment job roles.

 

Performance Criteria:

4.1 Application of the law, its functions and processes within current/potential justice environment job roles is delineated and practiced.

4.2 Skills, knowledge and attitudes appropriate for conducting job role within legal contexts are determined and applied.

4.3 Etiquette and protocols for attendance/appearance at courts and tribunals is researched and practiced.


Learning Outcomes


On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements and also;


• Provide the application of law, functions and processes of the Victorian legal system relevant to current/potential justice environment job roles
• Demonstrate the application of correct etiquette and protocols for attendance/appearance at Victorian courts and/or tribunals
• Apply the knowledge of powers and functions of law, law courts and sub‐ ordinate authorities of the civil, criminal and administrative components of the Victorian legal system


Details of Learning Activities

Students will participate in a variety of learning activities, both in class and out of class.

In Class Activities Will Incorporate

  • Simulated workplace scenarios, practical demonstrations and role-plays that identify with professional practice within the justice system
  • Individual oral and written questioning, and student-led group discussions and/or presentations, will exemplify your contextualizing of the class topics, and validate your learning of key procedures, protocols and associated role responsibilities

Out of Class Activities Will Incorporate

  • Readings, researching case studies, completing remaining in class activities, and preparing for in class group presentations
  • A Justice Camp


Teaching Schedule

Session One (Week 1)

Pre-course test & feedback

Introduction to Course and expectation

Course guide & Checklist issued and discussed

Statutory Interpretations (definitions)

Natural Justice principles

 

Session Two (Week 2)

Issue Summative Assessment (Part 1A) instructions to students and discuss requirements.

Australian law & its origin

Types & sources of law

Summary & Indictable offences

Constitutional powers & limitations – Commonwealth & State

 

Session Three (Week 3)

Formative assessment ONE & feedback

State Constitution

Commonwealth & State Parliament structure/functions

Federal & State system of government

Separation of Power

 

Session Four (Week 4)

Law making through the Parliament and Statutory Authorities

Read and understand Acts of Parliament

Contents of an Act of Parliament

Statutory Interpretation

 

Session Five (Week 5)

Formative assessment TWO & feedback

Structure and jurisdiction of Victorian Courts and Tribunals

Applicable & relevant legislation

Coroner’s Court

 

Session Six (Week 6)

Issue Summative Assessment (Part 1B) instructions to students and discuss requirements

Due Process

Common Law

Law making through the courts

Case law practical

SUMMATIVE ASSESSMENT ONE (Part A) (Graded) Deadline 16 March 2017 @ 4.30pm

 

Session Seven (Week 7)

Formative assessment THREE & feedback

Aims and elements of Administrative law and its applications

Grounds for review or challenge in court

Legislative and common law provisions

 

Session Eight (Week 8)

Therapeutic Justice

Application of the law

 

Session Nine (Week 9)

Formative assessment FOUR & feedback

Aims and elements of civil law and its applications to the Victorian Justice environment

Process of civil action and appeals

Functions and responsibilities of parties involved

 

Session Ten (Week 12)

Formative assessment FIVE & feedback

Aims and elements of criminal law and its applications

Functions and responsibilities of parties involved

SUMMATIVE ASSESSMENT ONE (Part B) (Graded). Deadline 4 May 17 @ 4.30 pm

 

Session Eleven (Week 13)

Process of criminal action and appeals

Common law and statutory requirements and responsibilities

 

Session Twelve (Week 14)

Formative assessment SIX & feedback

Process of criminal action and appeals (cont.)

Arrest and search powers

Practical workshop

Camp briefing and preparation

 

Session Thirteen (Week 15)

Justice Safety, Support and Procedural (JSSP) Camp conducted at an approved location

Simulation and practical exercises in Court Procedures;

Court etiquette and protocols

Moot court practical

SUMMATIVE ASSESSMENT TWO (Graded)

 

Session Fourteen (Week 16)

Formative assessment SEVEN & feedback

Application of appropriate elements of Victorian legal system to job roles in justice

Application of the law (action learning)

 

Session Fifteen (Week 17)

Application of appropriate skills, knowledge and attitudes for conducting job roles in the legal context  (action learning)

 

Session Sixteen (Week 17)

Revision of course material SATURDAY 10 JUNE 2017

 

Session Seventeen (Week 18)

SUMMATIVE ASSESSMENT THREE (Graded) 14 June 2016

Witten final written examination


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

Assessments may incorporate a variety of methods including quizzes, case studies, observations, lectures, tutorials, class discussion, group/individual training workshops, audio-visual presentations, formative writing and exams.

 Formative Assessments (Ungraded fortnightly formative assessments)

Students will have the opportunity to demonstrate the application of knowledge and understanding of legal principles, processes and procedures relevant to working in the justice system through ungraded fortnightly formative assessments.  Students will receive immediate feedback after the formative assessments and remedial training as appropriate.

 Summative Assessments:

A research project on Natural Justice (Graded summative assessment)

Moot Court simulated exercise (Graded summative assessment)

Short answer questions on application of the law, function and processes of the legal system, powers and functions of law and subordinate authorities

If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program coordinator or the Disability Liaison Unit if you would like to find out more.

 

A student charter http://www.rmit.edu.au/about/studentcharter summarises your responsibilities as an RMIT student as well as those of your teachers.

Your course assessment conforms to RMIT assessment principles, regulations, policies, procedures and instructions which are available for review online: http://www1.rmit.edu.au/browse;ID=c15i3ciaq8ca 


Assessment Tasks

Task 1 - Research Project (Graded summative assessment)

Candidates are required to provide a written report on each of the topics of Natural Justice (Part A) and Judicial review (Part B). This task is in two parts, and counts towards 40% of the overall grade for this course.

Task 2 - Moot Court simulated exercise (Graded summative assessment)

Candidates are required to respond to prescribed questions and provide evidence of active participation in the application of correct etiquette and protocols for attendance/appearance at Victorian Courts/tribunals and functions of law courts. This Moot Court task will be conducted at a suitable location and will count towards 15% of the overall grade for this course.

Task 3 - Written assignment (Graded summative assessment)

Candidates are required to complete a written assessment comprising of short answer questions relating to materials presented during formal lectures on relevant legislation, application of the law, function and processes of the Victorian legal system, knowledge of powers and functions of law and subordinate authorities. Separate instructions for the assessment will be supplied to candidates. This task counts towards 45% of the overall grade for the course.

Formative Assessments (Ungraded fortnightly formative assessments)

Candidates are required to provide evidence of progress in the application, knowledge and skills, and understanding of legal principles, processes and procedure relevant to working in the justice system. Candidates will receive immediate feedback after the formative assessments and remedial training as appropriate. Weaknesses, strengths and LLN issues will be discussed collectively or with individual candidate as appropriate.

 


Assessment Matrix

The assessments have been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table which is as follows:

 

CHD

Competent with High Distinction

CDI          

Competent with Distinction

CC

Competent with Credit

CAG

Competency Achieved - Graded

NYC

Not Yet Competent

DNS

Did not Submit for Assessment

Other Information

Program inherent requirements 

Inherent requirements refer to the abilities, knowledge and skills you must demonstrate to:

  • achieve program learning outcomes 
  • work effectively as part of a team in classroom and work-integrated learning (WIL) settings
  • perform effectively in classroom and WIL settings without undue risk to your own or others' health, safety and welfare.

Depending on your program of study, inherent requirements may include:

  • verbal and non-verbal communication skills
  • reading, writing and number skills
  • concentration, memory and problem solving
  • mental wellness and behavioural stability
  • vision, hearing, touch and smell
  • physical skills, such as gross and fine motor skills.

If you have any injury, illness, disability, impairment, condition or incapacity that may affect your ability to perform the inherent requirements of your program of study, we encourage you to discuss this with the Program manager to enable RMIT University to identify whether there are any reasonable adjustments that would enable you to perform program requirements. RMIT University wants to place you in the best possible position to use your knowledge, skills and attributes effectively in your program of study.

Course Overview: Access Course Overview