Course Title: Make decisions in a legal context

Part B: Course Detail

Teaching Period: Term1 2015

Course Code: JUST5731C

Course Title: Make decisions in a legal context

School: 650T Vocational Business Education

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

Douglas Brien
Email: Dougbrien4@gmail.com
Contact Location:
Building 80
Level 5
 

Ifzal Syed

Course Coordinator

ifzal.syed@rmit.edu.au

Contact Location:
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:

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
 


 

Element:

3. Develop procedures to ensure compliance

Performance Criteria:

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

 

Element:

1. Evaluate legal context for financial services work

Performance Criteria:

 

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


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 class discussion. The collaborative based activities will include group discussion, group problem solving activities and opportunities to practice you 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 planned activities in classes as well as through self-study.
 


Teaching Schedule

 

WeekWeek CommencingTopicsFull time
In class activities
 
Full time Self - study activities
19th February LLN 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
216th FebruaryTopic 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
 
323rd 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

 
42nd MarchTopic 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
 
510th March• Corporations Law
• Australian corporations law
• Australian Securities Exchange (ASX)
• Australian Securities and Investments Commission (ASIC)
 
Lecture
Discuss review questions
Review multiple choice assessment
 
On-line Test
616th MarchTopic 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
 
7

23rd March

 

 

• Negligence -Physical injuriesLecture
Discuss review questions
 
Reading: Chapter 3
Self Quiz questions 1 – 28,
(select 10)
Review questions 1, 8 - Page101
Self Study Task 3
 
8

30th March
 

(Mid Semester Break from 2-8 April)


 

• Negligence –MisstatementLecture
Discuss review questions
 
Reading: Chapter 3 –
Self Quiz and review questions
 
9

13th 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 -
 
1020th 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
 
1127th AprilTopic 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
 
124th 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
 
Handing out Second
Assessment:
Group Task
 
1311th MayTopic 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
 
1418th MayTopic 7:
• Superannuation
• Australian Prudential Regulation Authority
 
Lecture
Discuss review questions
 
Class handouts
Self Quiz questions and
Review questions
 
1525th MayTopic 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
 
161st June• Resubmissions, deferred assessments and feedbackLecture- discuss final assessment 

MAKE DECISIONS IN A LEGAL CONTEXT - JUST5731C
Time-table Evening Students
Semester 1, 2014

Week Topic Assessment

WeekDateTopicClass ActivitySelf-Learning
019th February1: Introduction to Course
1.1: Concept of Law
Parliament System
 LLN exercise
Discussion of teaching schedule and assessment

 
Reading: Chapter 1 
0323rd February

1.1 to 1.2: Fundamentals of law – Part 1
Court System

1.3-1.4: Fundamentals of law – Part 2
Court System and Mediation

 Lecture
Discuss review questions

 

Working it out through mediation – answer questions in class

 

 Self Quiz questions 1 – 21, (select 10)
Review questions 1, 2 page 31

Task 1
Self Quiz questions 1 – 40
(select 10)
Review questions 1, 2, 6 page

 

0510th March2.1: Business StructuresLecture
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

 
0723rd MarchOPEN-BOOK On-line TEST
Element 1: Topics from week 1 to week 4
Total: 35%
  Lecture
Discuss review questions
Review multiple choice assessment
 
  On-line Test
 2-10 AprilMid Semester Break  
0913th April

2.1 to 2.2: Corporation Law and International Torts -
Negligence (Physical injury )

Group RESEARCH ASSIGNMENT
Element 2: Topics from week 5 to week 9
Total: 30%

  Lecture
Discuss review questions

 


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 3
Self Quiz questions 1 – 28,
(select 10)
Review questions 1, 8 - Page101
Self Study Task 3

1127th April

2.1-2.2 Negligence (Misstatement)

 Lecture
Discuss review questions
 
 Assessment II -Hand out group Task
1311th May

1 and 2: Contract Law – Part 1 and Part 2

Assessment 3 Explained

 Lecture
Discuss review questions


Lecture
DVD – contract law
Discuss review questions

 Reading: Chapters 8 -11
Self Quiz questions and
Review questions

Reading: Chapters 12 - 17
Self Quiz questions and
Review questions - Self Study Task SS04

1525th May

1 and 2: Consumer Law and Sales of Goods and 1 and 2: Property Law, Superannuation and Taxation

Work on Assessment 3

 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
161st JuneAssessment 3: Online research work in class OPEN-BOOK Individual Research TEST
Element 3: Topics from week 4 to week 11
Total: 35%
  

 


 


Learning Resources

Prescribed Texts

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


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
Or
Short Question- Answer test covering first 5 topics of the semester.
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.

On-Line Research 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 understanding roles of various government organizations/agencies in administering business related functions. The research task will be divided into two parts. Part A will require completion of a tabular report highlighting various business compliance requirements and contact/address of various related concerned government organization, and Part B will require writing of small descriptions on each of the government organizations listed in part A by students.
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

Other Information

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.


Research based Task will be available through 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 through 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



5. Information on Collaborate to install java as per Planning day

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.
If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions (VET Programs):
If you are found to be Not Yet Competent in a Course Assessment Task you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is “CAG”.
If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://rmit.edu.au/browse;ID=7usdbki1fjf31
 

Collaborate Sessions:

All students are required to install Java for a collaborate session on their computers in order to participate in the on-line collaborate session as informed during the induction to the semester session. Students having difficulties in doing so are strongly advised to get in touch with the IT service help desk at floor 3, building 80 and ensure their computers are having the required Java spftware facility to allow them to participate in the collaborate session.
 

For Online Collaborative session please ensure you have Java installed on your computer https://java.com/en/download/index.jsp and a handset and microphone.
 

Course Overview: Access Course Overview