Course Title: Make decisions in a legal context

Part B: Course Detail

Teaching Period: Term1 2012

Course Code: JUST5196C

Course Title: Make decisions in a legal context

School: 650T TAFE Business

Campus: City Campus

Program: C4296 - Certificate IV in Accounting

Course Contact : Callie Harvey

Course Contact Phone: +61 3 99225-5772

Course Contact Email:callie.harvey@rmit.edu.au

Name and Contact Details of All Other Relevant Staff

Andrew Webster
Building 108
Level 10
9925 5458
andrew.webster@rmit.edu.au

Contact times: Mondays 14.30 - 16.30

Callie Harvey
Building 108
Level 10
99255772
callie.harvey@rmit.edu.au

Contact times: Thursdays 8.30 - 10.30

Ann Brownell
Building 108
Level 10
ann.brownell@rmit.edu.au

Contact times: By appointment

Nominal Hours: 60

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

This unit describes the performance outcomes, skills and knowledge required to make decisions in a legal context. This unit has application to a variety of financial services sectors and is applicable to individuals working within enterprises and job roles subject to licensing, legislative, regulatory or certification requirements so the varying Commonwealth, State or Territory requirements should be confirmed with the relevant body.

If you are undertaking this course in Melbourne from semester 2, 2012 onwards your teacher will advise you if you require access to a computer for the course. It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:	FNSACC403A Make decisions in a legal context
Element:	1. Identify the main roles and responsibilities of the key bodies in the legal system 2. Identify compliance requirements 3. Develop procedures to ensure compliance
Performance Criteria:	1.1. The functions of the courts and other regulatory bodies relevant to the financial services industry are identified 1.2. Implications of relevant legislation are identified and applied in operational activities 1.3. Implications of common law, including negligence and contract, employment law and business structures, are identified and applied in making operational decisions 2.1. Compliance requirements are interpreted accurately and applied within prescribed time limits 2.2. Requirements are reviewed regularly in a comprehensive manner 2.3. Legislative and regulatory sources of information are constantly reviewed to remain informed of changes and amendments to statutes and finance industry requirements 3.1. Procedures are developed in consultation with others to address all the requirements to be met for compliance 3.2. Compliance requirements are monitored to ensure that they are adhered to by the organisation 3.3. Timetables to meet compliance requirements are established to align with statutory deadlines

National Element Code & Title:

FNSACC403A Make decisions in a legal context

Element:

1. Identify the main roles and responsibilities of the key bodies in the legal system
2. Identify compliance requirements
3. Develop procedures to ensure compliance

Performance Criteria:

1.1. The functions of the courts and other regulatory bodies relevant to the financial services industry are identified
1.2. Implications of relevant legislation are identified and applied in operational activities
1.3. Implications of common law, including negligence and contract, employment law and business structures, are identified and applied in making operational decisions

2.1. Compliance requirements are interpreted accurately and applied within prescribed time limits
2.2. Requirements are reviewed regularly in a comprehensive manner
2.3. Legislative and regulatory sources of information are constantly reviewed to remain informed of changes and amendments to statutes and finance industry requirements

3.1. Procedures are developed in consultation with others to address all the requirements to be met for compliance
3.2. Compliance requirements are monitored to ensure that they are adhered to by the organisation
3.3. Timetables to meet compliance requirements are established to align with statutory deadlines

Learning Outcomes

Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom based activities. The self-paced activities will be undertaken at your own time and may include various technology platforms and include your contribution to wikis and discussion threads as well as participation in class discussions. The collaborative based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real work place environment.

We expect you to participate and contribute in all scheduled learning activities.

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any classroom activities.

During the course of the semester you are required to demonstrate the following skills and knowledge through all of the planned activities in class as well as through self study.

Evidence of these skills are essential:

1. Communication skills to:

determine and confirm work requirements, using questioning and active listening as required

liaise with others, share information, listen and understand
use language and concepts appropriate to cultural differences

2. Research skills such as:

accessing and managing information

interpreting documentation
coordinating tasks

3. IT skills for accessing and using appropriate software such as spreadsheets and
databases and using internet information
4. Literacy skills to read and interpret documentation from a variety of relevant
legislative and regulatory sources and recording, gathering and consolidating
financial information
5. Self-management skills for complying with ethical, legal and procedural
requirements
6. Learning skills to maintain knowledge of changes to compliance legislation and
requirements
7. Problem solving skills to address compliance issues

Evidence of this required knowledge is essential:

1. Accounting policies and procedures for compliance
2. Industry codes of practice
3. Legal systems and procedures applying to the financial services industry
4. Organisational policy and procedures
5. Relevant acts and regulations

You are required to be available in week 17 for any final re-assessments. Please refer weekly to announcements on the Learning Hub.

Please note that the teaching schedule below may be subject to change. Notification of any changes will be given via the Learning Hub and in class.

Teaching Schedule

Week	Week Commencing	Topics	Learning Activities	Assessment
1	6th February	Course Introduction: Course requirements; Course support documents; Blackboard; Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers; Grading Plagiarism Appeals Extensions Feedback Privacy Submission Requirements Resubmission policy Where to get support Student Responsibilities To Legal history and Legal system	Reading: Chapter 1
2	13th February	Topic 1: Legal history and Legal system	Reading: Chapter 2 Self Study Task SS01
3	20th February	Topic 2: Contract Law	Reading: Chapter 3 Self Study Task SS02
4	27th February	Topic 2: Contract Law	Reading: Chapter 4 Chapter Review - Page 92-93 :Questions: 12- 15
5	5th March	Topic 2: Contract Law	Reading: Chapter 5 Self Study Task SS03
6	12th March	Topic 3: Negligence and Other Torts	Reading: Chapter 8 Chapter Review - Page 179 Questions: 1- 10
7	19th March	Topic 3: Negligence and Other Torts	Reading: Chapter 8 Chapter Review - Page180 Questions: 10 - 13 Self Study Task SS04
8	26th March	Class Test: Topic 1, 2 & 3		Open Book Test
Mid Semester Easter Break (Thurs 5th April - Wed 11th April 2012)
9	2nd April 9th April	Topic 4: Business Structures	Reading: Chapter 7 Chapter Review - Pages 151-152 Questions: 1 - 14	Group Based Task - available on Blackboardon the 2nd of April
10	16th April	Topic 5: Consumer Protection and Competition and Consumer Act 2010 (Cwth) Topic 6: Sale of Goods Topic 7: Restrictive Trade Practices	Reading: Chapter 12 Self Study Task SS05 Reading Chapter 11 Reading: Chapter 13 Chapter Review - Pages 294 -295 Questions: 1 - 15	Feedback on Open Book Test
11	23rd April	Topic 8: Negotiable Instruments	Reading: Chapter 15 Chapter Review - Pages 348: Questions: 1 - 9	Group Based Task on Business Structures and Restrictive Trade Practices (Topics 4 &7) due. Workplace Task 1- available on Blackboard
12	30th April	Topic 9: Financial Services and Consumer Protection - including: Anti laundering and Counter Terrorism Financing Act Financial Transactions and Reports Act 1988 (Cwth)	Reading: Chapter 18 Self Study Task SS07	*Workplace Task 1 - Sale of Goods Act and Negotiable Instruments (Topics 6 & 8) due*
13	7th May	Topic 9: Financial Services and Consumer Protection - including: Anti laundering and Counter Terrorism Financing Act Financial Transactions and Reports Act 1988 (Cwth)	Reading: Chapter 18 Chapter Review - Page 392: Questions: 1 - 9	Group Based Task Feedback
14	14th May	Topic 10: Compliance	Reading: Chapter 19 Chapter Review - Pages 404 405: Questions: 1 - 10	Feedback on Workplace Task 1 Workplace Task 2 - available on Blackboard
15	21st May	Topic 11: Employment Law
16	28th May	Topic 12: Debt Recovery and Bankruptcy	Reading: Chapter 16 Self Study Task SS06	Workplace Task 2 - Employment Law & Compliance (Topics 10 & 11) due
17	4th June	Resits, deferred assessments and feedback		Workplace Task 2 - Feedback

Learning Resources

Prescribed Texts

Baird, A., Avgoustinos, C., McCann, P., 2011. Make Decisions in a Legal Context. 2nd ed. Better Teams Publications.	9781921579226

Baird, A., Avgoustinos, C., McCann, P., 2011. Make Decisions in a Legal Context. 2nd ed. Better Teams Publications.

9781921579226

References

Barron, M.L. Fundamentals of Business Law (6th Edition). McGraw Hill: Sydney 2009
Harvey, Callie. Cornerstones of Australian Law (3rd edition). Tilde: Manly (2009)

Other Resources

Overview of Assessment

Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, group and/or individual projects, in class exercises, written and practical tests, problem solving exercises, presentations, direct observation of actual and simulated work practice, presentation of a portfolio of evidence which may comprise documents, and/or photographs and/or video and audio files, review of products produced through work-based or course activities.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.

Assessment Tasks

Critical aspects of assessment

Evidence of the following is essential:

access information on the relevant courts and regulatory bodies;
develop organisational procedures to meet compliance requirements
interpret and apply relevant legislation in operational activities
identify the main roles and responsibilities of key bodies in the legal system.

You are required to complete four (4) tasks. You must successfully complete all four (4) tasks to be deemed competent for this unit.

Task 1

Open Book Test (Conducted in Week 8 - during normal scheduled class time)

The test will be structured by incorporating multiple choice questions, short-answer (scenario) questions and problem based case studies. For this assessment task you will be required to have a thorough understanding of Australian legal history, the legal system and how it operates. The problem based case studies will test your understanding of contract and tort law and your skill in applying your knowledge to real workplace scenarios. This test is a competency based assessment and a competent (CA) grade must be achieved for key knowledge and skills.

To be deemed competent in this assessment you must be able to cover and show understanding of Element 1, Performance Criteria: 1.1, 1.2, 1.3 and 2.1 as outlined in the course description of this document.

Task 2

Workplace Task 1 (Due in Week 12)

This Workplace Task has been designed to illustrate a real workplace environment in the financial services industry with the aim of addressing current scenarios that may arise in the workplace. The first workplace task will address key areas of the Sale of Goods Act and the use of Negotiable Instruments in the financial services industry.

This is a competency based assessment and a competent (CA) grade must be achieved for key knowledge and skills.

Task 3

Group Based Task (Due in Week 11)

The Group Based Task requires teams of students usually four members per group to research, analyse and apply the principles of law relating to business structures, restrictive trade practices in the financial services industry. The questions will be derived from real case scenarios that require each individual member of the group to participate and work collaboratively with the other group members. Each student will be required to provide feedback for each peer members participation and contribution to the Group Based Task.

This is a competency based assessment and a competent (CA) grade must be achieved for key knowledge and skills. To be deemed competent in this assessment you must be able to cover and show an understanding of Element 1, Performance Criteria: 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 & 3.3 as outlined in the course description section of this document.

Task 4

Workplace Task 2 (Due in Week 16)

This Workplace Task has been designed to illustrate a real workplace environment where you will be required to draft a workplace contract applicable to your industry and address various employment law and compliance issues.

This is a competency based assessment and a competent (CA) grade must be achieved for key knowledge and skills.

To be deemed competent in this assessment you must be able to cover and show understanding of Element 1, Performance Criteria: 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 & 3.3 as outlined in the course description of this document.

Self Study Tasks

Self Study Tasks will be available through the DLS for most of the topics.You will be required to complete these tasks in class or/and at your own time. You teacher will observe your work in class and will keep a record of whether you have completed the Self Study Tasks satisfactorily as evidence of competence.

Assessment Matrix

Submission Requirements

You are required to bring each of the Self Study Tasks to class on the date as specified on your weekly teaching schedule and be ready to discuss your answers. Your teacher will record whether you have successfully completed the task as part of evidence of competence.

The open book test will be completed in class during your normal weekly scheduled class.

The workplace tasks will be available through Blackboard, one week prior to the due date and will be submitted via Blackboard. Please refer to the Teaching Schedule for due dates.

Group Based Task will be available through Blackboard, two weeks prior to the due date and will be submitted via Blackboard. Please refer to the Teaching Schedule for due dates.

You should:

• Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
• Always retain a copy of your assessment tasks (hard copy and soft copy).
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
• Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, GBT Group 1, Presentation 1, JUST 5196C, Pages 1 of 10.

Marking Guide (competency):

Vocational Education and Training (VET) is based on current industry needs and the focus on preparing you for the workplace. Because VET courses are informed by practical application of knowledge and skills, they are based on a system known as ‘competency based training’ (CBT). So when you are assessed in VET it is about whether you are competent to do the job, as well as having a firm grasp on the knowledge and skills required to do that job, as opposed to traditional curriculum based education settings that are often based on knowledge retention.

You need to demonstrate you are competent in each element of the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading.

Please refer to the Final Grades table below.

Marking Guide (Grading)

After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.

The grading is according to the following criteria:

1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK

We are looking for a high level of ability to complete all tasks independently as per the specifications as well as demonstrating a high level of initiative in your approach to do the following:

applying relevant principles to real problem based case studies
identify and apply the implications of relevant legislation in regard to making decisions
indentify and apply the implications of common law, including negligence, contract, employment law and business structures in regard to making decisions
interpret requirements accurately and within prescribed time limits
review requirements in a comprehensive manner
constantly review sources to remain informed of changes and amendments to statues and finance industry requirements
develop procedures in consultation with others to address all the requirements to be met for compliance
monitor compliance requirements to ensure that they are adhered to by the organisation
establish timetables to meet compliance requirements to align with statutory deadlines

2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING

We are looking for depth of understanding of the key concepts and knowledge required in understanding and applying key legal concepts and priciples.

3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING

* We are looking for appropriate use of research and technology to assist in presenting all tasks clearly and suitable for the intended audience.

* You also need to show an understanding of the kinds of problems that can arise in legal disputes and transactions and how these might be addressed and effectively in your written work.

* Your written work should demonstrate an effective response to problem solving

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

* You are required to work with your peers effectively and efficiently as part of a simulated work-based team inlcluding attending regular meetings outside of the teaching hours.

* We expect timely completion and submission of all required assessment tasks.

* You will be expcted to fully utilise Blackboard as per the course requirements

5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK

*We expect to see contributions by all students in a team towards contributing to a team and the team’s interaction with fellow students .

* Your answers to tasks should demonstrate a very good understanding of strategies for a collaborative approach to Team management in the simulated workplace tasks and when also collaborating with each member as part of the requirements of the Gropu Based Task.

* Your attendance and involvement in class discussion and utilisation of relevant networking tools.

Final Grades table:

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

Further information regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview

Course Title: Make decisions in a legal context

Part B: Course Detail

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