Course Title: Make decisions in a legal context

Part B: Course Detail

Teaching Period: Term1 2013

Course Code: JUST5731C

Course Title: Make decisions in a legal context

School: 650T TAFE Business

Campus: City Campus

Program: C4324 - Certificate IV in Accounting

Course Contact : Andrew Webster

Course Contact Phone: +61 3 99255458

Course Contact Email:andrew.webster@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

 

AC1A

Jenny Seiler

E-mail: jenny.seiler@rmit.edu.au

Contact Number: 99251621

Building 80

Level 5

AC1B

Arie Hernstadt

E-mail: arie.herrnstadt@rmit.edu.au

Contact Number: 99251621

Building 80

Level 5

AC1C

Jenny Wotzko

E-mail: jennifer.wotzko@rmit.edu.au

Contact Number: 99255701

Building 80

Level 5

AC1D

Jenny Seiler

E-mail: jenny.seiler@rmit.edu.au

Contact Number: 99251621

Building 80

Level 5

AC1E

Andrew Webster

E-mail: andrew.webster@rmit.edu.au

Contact Number: 99255458

Building 80

Level 5

AP1

Ifzal Syed

E-mail: ifzal.syed@rmit.edu.au

 Building 80

Level 5

AP1B

Ifzal Syed

E-mail: ifzal.syed@rmit.edu.au

Building 80

Level 5

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

None

Course Description

This unit describes the performance outcomes, skills and knowledge required to make decisions in a legal context. It is intended to satisfy the requirement for a course of study in commercial law at an introductory or foundation level covering Australian legal systems and processes.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSACC403B Make decisions in a legal context

Element:

2. Identify compliance requirements

Performance Criteria:

2.1 Compliance requirements are interpreted accurately
2.2 Legislative and regulatory sources of information are regularly reviewed to identify changes to compliance requirements
 

Element:

1. Evaluate legal context for financial services work

Performance Criteria:

1.1 Australian legal systems and processes are identified
1.2 The functions of the courts and other regulatory bodies are identified
1.3 Implications of relevant legislation, regulation and legal precedent are identified and applied in making operational decisions
1.4 Advice and guidance is sought to evaluate and moderate decision processes
 

Element:

3. Develop procedures to ensure compliance

Performance Criteria:

3.1 Procedures are developed in consultation with others to address compliance requirements
3.2 Timetables to meet compliance requirements are established to align with statutory deadlines
 


Learning Outcomes


a) Demonstrate knowledge and understanding of the Australian legal system such that current statute, common law and equitable principles can be applied, to particular fact circumstances in order to provide advice;
b) Access information on relevant legislation, statutes, regulation and legal judgements;
c) Draw conclusions having regard to the facts and relevant law; and
d) Develop organisational procedures to meet compliance requirements.
 


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 clss discussion. The collaborative based activities will include group discussion, group problem solving activities and opportunities to practice yoru skills in a simulated/ real work place envisonment.

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 tou are required to demonstrate the following skills and knowledge through all planned activities in classs as well as through self study.

Evidence of this required Knowledge is essential:

Overview of Australian legal systems and processes and the context in which they operate including:


• basic principles
• common law
• roles and responsibilities of key organisations
• constitutional considerations
• separation of powers
• basic principles of the law of torts, particularly relating to:
• negligence
• negligent misstatement

Main features of current legislation and its general impact on business operations in areas of:


• consumer law
• corporations law, including different business organisational structures and regulations for:
• public and private companies
• trusts
• partnerships
• sole traders
• property law
• superannuation law
• taxation law.
 

Evidence of these skills is essential:

1. communication skills to:
• consult with others about legal information and compliance requirements
• liaise with others, share information, listen and understand
• use language and concepts appropriate to cultural differences

2. IT skills to access and use appropriate software such as spreadsheets and databases and internet information

3. learning skills to maintain knowledge of changes to compliance legislation and requirements

4. research skills to:


• find statutory and regulatory legal requirements and precedents
• access and manage information
• interpret documentation
• coordinate tasks
• problem solving skills to:
• address compliance issues
• apply statute, regulation and precedent to a client’s circumstances

5. reading skills to:


• read text books, newspapers and journals
• read and understand relevant legislation and regulation
• read and understand legal precedent and rulings

6. self-management skills to comply with ethical, legal and procedural requirements.

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


Teaching Schedule

WeekWeek CommencingTopics

Full time

In class activities

Full time Self - study activitiesPart time deliveryAssessments Full Time & Part-time delivery
111th FebruaryLLN Exercise

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

LLN exercise
Discussion of teaching schedule and assessment

 

Reading: Chapter 1

 Lecture

LLN exercise
Discussion of teaching schedule and assessment

 

 


Reading: Chapter 1

 
2 18th February Topic 1:
•Legal Fundamentals – part 1
•Legal concepts, constitution, common law, parliament
 Lecture
Discuss review questions
 Self Quiz questions 1 – 21, (select 10)
Review questions 1, 2 page 31
 Self Quiz questions 1 – 21, (select 10)
Review questions 1, 2
page 31
 
3 25th February •Legal Fundamentals – part 2
•Commonwealth and state courts
•Courts, tribunals, precedent, legislation, statutory interpretation, Alternative Dispute Resolution
 Lecture

Discuss review questions
DVD – Working it out through mediation  – answer questions in class

 

  Reading: Chapter 2
Self Study Task 1
Self Quiz questions 1 – 40
(select 10)
Review questions 1, 2, 6 page 62
 Reading: Chapter 2
Self Study Task 1
Self Quiz questions 1 – 40
(select 10)
Review questions 1, 2,
6 page 62
DVD – Working it out through mediation – answer questions
in class
 
4 4th March Topic 2:
•Business Structures and Corporations Law
•Partnerships, sole traders, trusts, franchises, associations, companies, joint ventures, Business Names
 Lecture
Prepare for multiple choice test
Discuss review questions
 Reading: Chapters 5 and 7
Self Study Task 2
Self Quiz questions 1 – 28, (select 10)
Review Questions: 1, 3, 5, 15, 17, 19 pages 151, 152

 Lecture

Reading: Chapters 5 and 7
Self Study Task 2
Self Quiz questions 1 – 28, (select 10)

 


Review Questions: 1, 3, 5, 15, 17, 19 pages 151, 2

 Assessment task -

Multiple choice test covering topics 1 and 2 to be completed online –

5 11th March •Corporations Law
•Australian corporations law
•Australian Securities Exchange (ASX)
•Australian Securities and Investments Commission (ASIC)
 Lecture
Discuss review questions
Review multiple choice assessment

 

 

 Reading: Chapter 5
Review Questions: 6, 7, 8 page 151

Discuss review questions
Review multiple choice assessment
 Feedback from online multiple choice
test completed after week 4 class
6 18th March Topic 3:
•Tort law
•Intentional Torts
 Lecture
Discuss review questions
 Reading: Chapter 4
Self Quiz questions 1 – 21, (select 10)
Review questions 3, 4, 5, 11, 12 page 115
 Reading: Chapter 4
Self Quiz questions 1 – 21, (select 10)
Review questions 3, 4,
5, 11, 12 page 115
 
7 25th March •Negligence -Physical injuries Lecture
Discuss review questions
DVD – Tort law
 Reading: Chapter 3
Self Quiz questions 1 – 28, (select 10)
Review questions 1, 8 - Page101
Self Study Task 3
 Reading: Chapter 3
Self Quiz questions 1 – 28, (select 10)
Review questions 1, 8
- Page101
Self Study Task 3
 
  Mid Semester Easter break (Thursday 28 March - Wednesday 4 April)    
8 8th April •Negligence –Misstatement Lecture
Discuss review questions

 

 Reading: Chapter 3 –
Self Quiz and review questions
 Lecture
Discuss review questions
 
9 15th April Topic 4:
•Common law –contract law principles
•Classification of contracts
•Agreement
•Intention
•Consideration
 Lecture
Discuss review questions
 Reading: Chapters 8 -11
Self Quiz questions and Review questions -
 Reading: Chapters 8 -11
Self Quiz questions and Review questions –
 
10 22nd April •Common Law – contract law principles
•Capacity
•Consent
•Terms
•Remedies
 Lecture
DVD – contract law
Discuss review questions
 Reading: Chapters 12 - 17
Self Quiz questions and Review questions - Self Study Task SS04
 Reading: Chapters 12 - 17
Self Quiz questions and Review questions -
Self Study Task SS04

 Assessment task -

Group based Assessment Task to full time class students,

- individual task to part time students –to be distributed –
topics 2, 3, 4- due to be submitted in week 12

11  29th April Topic 5:
•Australian Consumer Law
•Australian Consumer and Competition Commission (ACCC)
•Competition and Consumer Act 2010 (Cwth)
 Lecture
Discuss review questions
 Reading: Chapters 24 – 25
Self Quiz questions 1 – 35, (select 5) – solutions page 497
Review questions 2, 4, 16 – Pages 494, 495
Self Quiz questions 1 – 16, (select 5) – solutions page 511
Review questions 1, 3, 5 – Page 510
 Reading: Chapters 24 – 25
Self Quiz questions 1 – 35, (select 5) – solutions page 497
Review questions 2, 4, 16 – Pages 494, 495
Self Quiz questions 1 – 16, (select 5) – solutions page 511
Review questions 1, 3, 5 – Page 510
 
12 6th May •Australian Consumer and Competition Commission (ACCC)
•Competition and Consumer Act 2010
•state and territory consumer affairs bodies
•consumer credit legislation
•Sale of Goods Act
•Privacy Act
 Lecture
Discuss review questions
 Reading: Chapter 23
Self Quiz questions 1 – 19, (select 10)
Review questions 4, 7, 8 – Page 447
Self Study Task SS05
 Lecture
Discuss review questions
 Group based Task –to be submitted
13 13th May Topic 6:
•Property Law
•General principles, real and personal property
•Duties Act
 Lecture
Discuss review questions
 Reading: Chapter 18 – 19
Self Quiz questions 1 – 24, (select 5) solutions page 356
Review questions 1, 2, 3 Page 355
Self Quiz questions 1 – 18, (select 5) – solutions page 375
Review questions 1, 2 – Page 374
 19
Self Quiz questions 1 – 24, (select 5) solutions page 356
Review questions 1, 2, 3 Page 355
Self Quiz questions 1 – 18, (select 5) – solutions page 375
Review questions 1, 2 – Page 374

Assessment task -

Workplace Task distributed – topics 5, 6, 7 & 8, due to be submitted in week 15

14 20th May Topic 7:
•Superannuation
•Australian Prudential Regulation Authority
 Lecture
Discuss review questions
 Class handouts

Self Quiz questions and Review questions

 

 Class handouts

Self Quiz questions and Review questions

 

 
15 27th May Topic 8:
•Taxation Law
•Australian Taxation Office
•Australian taxation law (including the Tax Agents Services Act)
•Tax Practitioners Board (TPB)
•Tax Practitioner’s Board Guidelines
 Lecture
Discuss review questions
 Class handouts

Self Quiz questions and Review questions

Lecture

Class handouts

Self Quiz questions and Review questions

 Workplace Task to be submitted
16 3rd June •Resubmissions, deferred assessments and feedback Lecture- discuss final assessment  Lecture 


Learning Resources

Prescribed Texts

Vickery, R., Flood, M., 2012. Australian Business Law. 7th ed. Pearson Publications.

9781442537859


References


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:

1. Demonstrate knowledge and understanding of the Australian legal system such that current statute, common law and equitable principles can be applied, to particular fact circumstances in order to provide advice

2. Access information on relevant legislation, statutes, regulation and legal judgements

3. Draw conclusions having regard to the facts and relevant law

4. Develop organisational procedures to meet compliance requirements

You are required to successfully complete all three (3) tasks to be deemed competent for this unit. In the event of not successfully completing one of the tasks students be given the opportunity to resubmit during Semester 1, 2013.

 Multiple Choice Question Test (Conducted in Week 4 - during normal scheduled class time)


The Multiple Choice Question Test will be structured include direct and problem based questions. For this assessment task students will be required to have a thorough understanding of Australian legal history, the legal system and how it operates together with a clear understanding of the Business Structures which exist in Australia today. The problem based multiple choice questions will test students understanding in applying their knowledge to real 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, students must be able to cover and show understanding of Element 1, Performance Criteria 1, 1.2 and 1.3
 

Group Based Task (Due in Week 11)

The Group Based Task requires teams of students usually up to four members per group to research, analyse and apply the principles of law relating to Common law (contract law), tort law including negligence, corporations law. This task will be mainly 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, 1.4 Element 2 Performance criteria 2.1 – 2.2 and Element 3 Performance Criteria 3.1- 3.2.

Workplace Task (Due in Week 15)

This 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 workplace task will be divided into two parts. Part A will address key areas of Australian Consumer Law and Part B will address Property, Superannuation, Taxation Law in the context of the financial services industry.

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 2 Performance criteria 2.1 – 2.2 and Element 3 Performance Criteria 3.1- 3.2.


Self Study Tasks

Self Study Tasks will be available on Blackboard for most of the topics. You will be required to complete these tasks in class or/and at your own time. The self study tasks are designed to guide your studies.


Assessment Matrix

Submission Requirements

You are required to bring to class the Self Study Tasks on the date specified on your weekly teaching schedule and be ready to discuss your answers. The objective of these tasks is to enhance your understanding of legal concepts, these are not an assessment.

The multiple choice test will be conducted during your scheduled class and will be completed on Blackboard.

Workplace Task will be available though Blackboard two weeks prior to the due date and will be submitted via Balckboard. Please refer to the Teaching Schedule for due dates.

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

Assessment tasks need to be submitted via Blackboard.

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 from the Student forms website.
• 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, Amanda Jones, xxxxx,  Workplace Task , JUST 5731C, Make Decisions in a Legal Context, Page 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:


• Access information on relevant legislation, statutes, regulations and legal precedents.
• Problem solving in order to address compliance issues and apply statute, regulation and precedent to a client’s/workplace circumstances.
• Draw conclusions having regard to the facts of relevant law
• Develop organisations procedures to meet compliance requirements
• Identify and apply the implications of common law, tort, consumer law, corporations law, business structures, property law, superannuation and tax law in regard to making decisions
• Interpret requirements accurately and within prescribed time limits
• Review legislative and regulatory sources of information to identify changes to compliance requirements.
• Develop procedures in consultation with others to address all the requirements to be met for compliance
• 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 principles.


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 including attending regular meetings outside of the teaching hours. Your conduct must comply with ethical legal and procedural requirements
• We expect timely completion and submission of all required assessment tasks.
• You will be expected 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 task and when also collaborating with each member as part of the requirements of the Group Based Task.
• Your attendance and involvement in class discussion and utilisation of relevant networking tools.
• Your answers for the workplace task and group based task must demonstrate your research skills in finding statutory legal requirements and accessing and managing information, interpreting documentation, coordinating tasks.

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
 

Course Overview: Access Course Overview