Course Title: Investigate alleged breaches of legislation and prepare documentation

Part B: Course Detail

Teaching Period: Term2 2015

Course Code: LAW5206C

Course Title: Investigate alleged breaches of legislation and prepare documentation

School: 365T Global, Urban & Social Studies

Campus: City Campus

Program: C5315 - Diploma of 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
Email: georgy.dumas@rmit.edu.au

Nominal Hours: 40

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

Successful completion of, or demonstrated equivalence to, the following units of competency:

VU20868 Apply foundation legal principles
VU20869 Work within the criminal justice system
VU20870 Apply writing and presentation skills within a justice environment
VU20871 Support the management of adult offenders within the Victorian correctional framework
PSPOHS401B Implement workplace safety procedures and programs
PSPETHC401A Uphold and support the values and principles of public service

And ONE of the following electives:

VU20867 Support policing processes within justice environment contexts
CHCCHILD401B Identify and respond to children and young people at risk
 

Course Description

In this course you will develop the skills and knowledge required for competent workplace performance in councils of varying sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

LGACOM406A Investigate alleged breaches of legislation and prepare documentation

Element:

4.Undertake action to achieve compliance

Performance Criteria:

4.1.Notices are issued to relevant parties that clearly document breaches and recommend appropriate action to achieve compliance.
4.2.A clear report recommending appropriate action is prepared and submitted to council.
4.3.Proceedings are instigated within the required time frame in terms of required legal procedure.

Element:

1.Identify possible breaches

Performance Criteria:

1.1Possible breaches are identified through complaint or other means, recorded in accordance with legislative and council requirements and notified to more senior staff.

Element:

2.Investigate alleged breaches

Performance Criteria:

2.1.Further information is obtained on possible breaches.
2.2.If inspection is authorised, the alleged offending party is notified and a time scheduled for an inspection that is conducted according to council procedures.
2.3.Available information from the inspection is assessed against relevant legislation to determine if a breach has occurred and relevant details are accurately recorded.
2.4.The complainant is advised of investigation outcomes in accordance with council policies and procedures.
2.5 All parties are informed of their rights according to legislation and within appropriate time frames.Resources are determined and accessed

Element:

3.Propose appropriate action to achieve compliance

Performance Criteria:

3.1.Consultation with the alleged offending party is undertaken to facilitate resolution.
3.2.Options for action are identified to achieve compliance at the earliest date with the least inconvenience to all parties.
3.3.A practical action to achieve compliance is selected as a result of consultation and relevant authorities are notified, where required.


Learning Outcomes


On completion of the course, you will be able to:
• Investigate complaints
• Consult alleged offenders
• Issue notices
• Compile reports


Details of Learning Activities

You will participate in a variety of learning activities. They include the following:
activities:
Lectures
• Role plays
• Observations
• Demonstrations
• Presentations
• Class discussions/group activities
• Oral and written questioning
• Incursion/guest speakers

Out of class activities:
• Readings
• Case studies
• Role plays
• Observations
• Excursions
• Knowledge-based tests/questionnaires


Teaching Schedule

Week One:
•Introduction to course and expected outcomes
•Course guide issued and discussed with students
•Course Assessments and expectations explained
•Aspects of Local Government Act

Week Two:
•What is your “local Government”
•What is your “local council”?
•Council structure and services
•Council powers, functions and responsibilities
 

Week Three:
•Identify all legislations applicable to local government
•Council policies and procedures
•Revisit Emergency Management in local council
 

Week Four:
FORMATIVE ASSESSMENT ONE & FEEDBACK
•Identify local government legislations
Issue of instructions for final assessment tasks and discussions of criteria
Issue of practical exercise based on a simulated Council complaint. This exercise will be used for experiential learning from Week Four to Week Thirteen. The complaint will be layered and intensify weekly in issues relevant to local government administration and compliance
 

Week Five:
•Identify how local government law are made ….cont
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Six:
•Types of complaints
•Methods of receiving and recording complaints
•Identify appropriate procedures to deal with complaints
•Identify possible breaches
 

Week Seven:
•Seek further information
•Within Council scope
 

Week Eight:
•Investigation process begins
•Has a breach been committed?
 

Week Nine:
FORMATIVE ASSESSMENT TWO & FEEDBACK
•Inspection of alleged complain or breach site
•Requirements for inspection
•Authority of council
 

Week Ten:
•Select appropriate action/s to achieve compliance
•Options available
•Infringement Notices Act 2006
 

Week Eleven:
•Undertake action to achieve compliance
•Meeting with stakeholders (lawyers/engineers/experts, Victims)
 

Week Twelve:
SUMMATIVE ASSESSMENT TASK 1
DEADLINE 9 OCT 2015 @ 4.30 pm(GRADED)
•Documentation prepared and issued
•Revision
 

Week Thirteen:
SUMMATIVE ASSESSMENT TASK 2 (GRADED)
WRITTEN EXAMINATION

NOTE: While your teacher will cover all the material in this schedule, the order is subject to change depending on class needs and availability of speakers and resources.
Attendance -
 It is strongly advised that you attend all sessions in order to engage in the required learning activities, ensuring the maximum opportunity to gain the competency.
We expect that students engage in learning through a combination of lectures, individual reading and study, meaningful feedback on written work and structured activities that encourage critical thinking and the development of discipline specific knowledge and practical skills.
Students are active participants and this course prioritises learning by doing. It is essential that students take ownership of their studies and work on developing skills as independent learners in time allocated away from lectures and class time.
As a student you need to demonstrate both knowledge and practical skills relevant to the course content within the classroom environment. Engagement with educators and other students is critical to you maximising learning opportunities and achieving satisfactory results. Participation in classroom discussion and activities will allow educators to apply observational assessment during role-plays, exercises and assignments and provide you with feedback.
You will be required to sign an attendance sheet and if you are absent from class, it is your responsibility to advise your educator and complete any written tasks that may have been allocated. 
Students are required to carefully plan and use their time productively and submit assessments as required. All assessments tasks should be researched and drafted well in advance of the set submission dates.
The course will use blended learning techniques, including; lectures, discussions, activities in class and learner directed activities supported by a range of resources available in class and on Blackboard system
Feedback - You will receive verbal and/or written feedback on your work. This feedback also includes suggestions on how you can proceed to the next stage of developing your projects.
Student Progress -
 Monitoring academic progress is an important enabling and proactive strategy to assist you to achieve your learning potential.


Learning Resources

Prescribed Texts


References

•Class handouts
•Victorian legislation and parliamentary documents (www.legislation.vic.gov.au)
•Australasian Legal Information Institute (www.austlii.edu.au)
•Victorian legislation
•Crimes Act 1958
•Criminal Procedure Act 2009
•Magistrates Court Act 1971
•Summary Offences Act 1966
•Sentencing Act 1991
•Local Government Act 1989
•Infringement Notices Act 2006


Other Resources

GUSS Skills Central (http://Gussskillscentral.edu.au/) is a site developed specifically for students in the School of Global, Urban and Social Studies at RMIT. It provides links to a range of resources for supporting student work on assessments and negotiating university studies more generally.


Overview of Assessment

Assessments may incorporate a variety of methods including role plays, observations, lectures, class discussion, reports, audio-visual presentations, and tests.


Assessment Tasks

There are two SUMMATIVE assessable tasks to be completed and they are;

•Observation and portfolio on chosen topic (graded summative assessment)

Candidates are required to complete a portfolio consisting of a range of workplace tasks as described in the performance criteria. Candidates are required to demonstrate handling of a range of contingencies using the knowledge and skill requirements as described in the range statement, including the legislative framework and safe practices that underpin the performance of the unit. Candidate performance will be observed over the full semester. This task counts towards 70% of the overall grade for the semester.

•Written assessment on local laws and working of the local government (graded summative assessment)

Candidates are required to successfully complete a written assessment, which will provide evidence of their knowledge and understanding of the relevant legislation and the procedure required to achieve compliance. The evidence provided must be relevant to the performance criteria and marking guides are to be used to assess competence. This task counts towards 30% of the overall grade for the semester.

There is one Formative Assessmenttask to be completed (Ungraded formative assessment):
•Candidates work in groups and have set weekly tasks to complete as part of their portfolio. Regular collective or individual feedback is discussed with candidates to assist in their research and workplace tasks. Candidates are required to provide evidence of progress in the application, knowledge, skills and understanding in legislation and the working of council to achieve compliance.
 
Students must achieve competency IN ALL assessment tasks to PASS this subject.


Assessment Matrix

Assessment Grading Table
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:

CHDCompetent with High Distinction
CDICompetent with Distinction
CCCompetent with Credit
CAGCompetency Achieved - Graded
NYCNot Yet Competent
DNSDid not Submit for Assessment

Grades which apply to course delivered in accordance with competency-based assessment (not-graded)

CACompetency Achieved
NYCNot Yet Competent
DNSDid Not Submit For Assessment

Assessment Deadlines
Any due date for any assignment is to be considered a deadline. You can submit work at any time prior to the submission date; it must be submitted into the Assessment Box on level 2, in Building 37 with a signed cover sheet, or electronically submitted into the Justice VET email box with an electronically attached cover sheet, by close of business on the day the submission is due.

Assessment Format
A major part of your course requires writing, for essays, research and reports. ALL Justice VE educators will expect you to maintain a high standard of presentation in your writing. These standards include the following:

1. For a DIPLOMA written assessment task/s – no less than 2000 words minimum, 5 academic references and ONE in-text citation per paragraph.
2. A paragraph is usually between 200 – 250 words.
3. A sentence is usually between 20 - 25 words.
4. American Psychological Association (APA) Referencing Style is the EXPECTED referencing style for the school of Criminal Justice (VE).
5. We highly recommend that all students download a copy of the APA Referencing Guide which is available on the Blackboard or purchase a Pocket Guide to APA style from the campus bookshop.
6. APA Referencing system is to be used and all in-text citations must be recorded according to APA standards.
7. An academic reference is a scholarly source (journal articles that are peer reviewed, a published book, an approved government or organisation website etc).
8. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
9. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and address the issues raised in the chosen topic in a logical ordered and organised manner.
10. Written submissions must demonstrate appropriate preparation, reading and research.
11. Double or 1.5 spacing and a font size of 10-12 must be used in either Arial or Times Roman. Do not submit double paged assessments.
12. All assignments to be submitted via the Drop Box (Building 37, level 2) and submitted via email to the Advanced Diploma email address to verify submission (advdipjusticeassignments@rmit.edu.au). Assessments must be submitted by 5pm (close of business).
13. Written assessments will also be submitted with a Turnitin Report attached (as instructed by your Educator).

If you have any difficult with understanding or completing these writing standards, please speak with your Educator or the Program Manager

Other Information

Please refer to the RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters: http://www1.rmit.edu.au/students

Extensions


All assessment tasks are required to be completed to a satisfactory level. If you are unable to complete any piece of assessment by the due date, you will need to apply for an extension. Special consideration, appeals and discipline :
In accordance with RMIT policy, you may apply for an extension where there have been unexpected or extenuating circumstances, e.g.

• Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
• Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
• Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.

You must keep a copy of their assessment until the graded submission has been returned or marks have been posted.

All email communications will be sent to your RMIT student email address.
An extension of up to seven calendar days may be granted if good reason can be demonstrated. Include supporting evidence (such as medical certificates) with your application.

 

Extensions beyond seven calendar days cannot be granted by Course coordinators or individual educators.


Coordinator/Program Manager is not satisfied that the student took reasonable measures to avoid the circumstances that contributed to the student being unable to submit the progressive assessment.

Longer extensions


Extensions of time longer than 7 days can only be granted through special consideration
Applying for Special Consideration
If you are seeking an extension of more than seven calendar days (from the original due date) you must lodge an Application for Special Consideration form, preferably prior to, but no later than two working days after the official due date. Late applications will only be accepted in exceptional circumstances.
For information about Special Consideration and how to apply, see: http://www.rmit.edu.au/students/specialconsideration

 

Assignment Submissions:

 

The submission of assessments on the due date is the responsibility solely of the student. Students should not leave assignment preparation until the last minute and must plan their workloads so as to be able to meet advertised or notified deadlines. 


 

 

The penalty for assignments submitted late will be 5% of the maximum mark per day late or part thereof.

 

Weekends and holidays will attract the same penalty as weekdays.

 

Assignments that are late by 7 days or more will not be marked and will be awarded zero.
Cover Sheet for Submissions
Hardcopy: you must complete a submission cover sheet for every piece of work submitted in hardcopy.
E-Submission: you will complete an e-Declaration for every piece of work submitted online.
The signed cover sheet or e-Declaration acknowledges that you are aware of the plagiarism implications.

Attendance
It is strongly advised that you attend all sessions in order to engage in the required learning activities, ensuring the maximum opportunity to gain the competency.

Applying for Special Consideration
If you are seeking an extension of more than seven calendar days (from the original due date) you must lodge an Application for Special Consideration form, preferably prior to, but no later than two working days after the official due date. Late applications will only be accepted in exceptional circumstances. For information about Special Consideration and how to apply, see: http://www1.rmit.edu.au/students/specialconsideration

Assessment Appeals
If you believe your assessment result or final result is wrong please contact the course coordinator and provide the reason why you think your result is incorrect. Valid reasons for seeking a review of results include:
a) You believe an error has occurred in the calculation of the grade; or,
b) You believe the assessment did not comply with criteria published in the Course Guide; or,
c) You believe the assessment did not comply with University Policies on Assessment (i.e. an error in process has occurred).
Full details of the procedure (including appeals procedure) can be located at this RMIT site: http://www1.rmit.edu.au/policies/academic#assessment

Academic Integrity
Academic integrity means honesty and responsibility in scholarship through respecting the work of others whilst having the freedom to build new insights, new knowledge and ideas. RMIT University upholds the values of academic integrity as fundamental to the scholarship undertaken by all members of its community. Whenever you refer to another person’s research or ideas (either by directly quoting or paraphrasing them) you must acknowledge your source.
If you are even in doubt about how to properly cite a reference, consult your lecturer or the academic integrity website: http://www.rmit.edu.au/academicintegrity
The RMIT library provides tools to assist with your referencing http://www1.rmit.edu.au/library/referencing

Plagiarism and Collusion
Plagiarism and collusion constitute extremely serious academic misconduct, and are forms of cheating. You are reminded that cheating, whether by fabrication, falsification of data, or plagiarism, is an offence subject to University disciplinary procedures. Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited. Plagiarism is not acceptable.
Examples of plagiarism include:
• Copying sentences or paragraphs word-for-word from one or more sources, whether published or unpublished, which could include but is not limited to books, journals, reports, theses, websites, conference papers, course notes, etc. without proper citation;
• Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
• Piecing together text from one or more sources and adding only linking sentences;
• Copying or submitting whole or parts of computer files without acknowledging their source;
• Copying designs or works of art and submitting them as your original work;
• Copying a whole or any part of another student’s work; and
• Submitting work as your own that someone else has done for you.
• Enabling Plagiarism: the act of assisting or allowing another person to plagiarise or to copy your own work is also an offence.
For further information, please see the RMIT Plagiarism Policy –  http://www.rmit.edu.au/browse;ID=sg4yfqzod48g1 – and the RMIT Student Conduct Regulations – http://www1.rmit.edu.au/browse;ID=r7a7an6qug93

Plagiarism Software
The originality verification software Turnitin may be used in this course. For details, see: http://www.turnitin.com

Complaints Procedure:
RMIT University is committed to providing a harmonious study and work environment for all students and staff. The University recognises your right to raise concerns about academic, administrative or support services without recrimination and has policies and procedures to assist in the resolution of complaints.
Most issues are resolved at the local level and you are encouraged to take steps to resolve your issue locally. The student complaint procedure details steps to take if your problem is not resolved or you believe the response you received is unreasonable.
Student Complaints Policy: http://www1.rmit.edu.au/policies/studentcomplaintspolicy
Student complaints Procedure: http://www1.rmit.edu.au/browse;ID=i1lexipvjt22
Student Complaints Form: http://mams.rmit.edu.au/v4ujvmyojugxz.pdf

Course Overview: Access Course Overview