Course Title: Apply foundation legal principles
Part B: Course Detail
Teaching Period: Term1 2017
Course Code: JUST5724
Course Title: Apply foundation legal principles
School: 365T Global, Urban and Social Studies
Campus: City Campus
Program: C4323 - Certificate IV in Justice
Course Contact: Irene Pagliarella, Program Manager
Course Contact Phone: +61 3 9925 4581
Course Contact Email: irene.pagliarella@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Nominal Hours: 70
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
Nil
Course Description
In this course you will develop the skills and knowledge required to apply various aspects of law and jurisdiction processes and procedures relevant to working within the Victorian criminal justice system. You will be provided an introduction to the Victorian and Australian legal system including the Constitution; legislative and law making bodies; adjudication and enforcement.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU20868 Apply foundation legal principles |
Element: |
1. Investigate the origins and the sources of State and Federal law and their application to the Victorian Justice environment.
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Performance Criteria: |
1.1 Australian law prior to federation is delineated 1.2 Federal and State Constitutional powers and their limitations are identified. 1.3 Law making through Parliament, the Courts and subordinate authorities are investigated. 1.4 Main aims and elements of administrative, civil, criminal law, and their application to the Victorian justice environment are explored. |
Element: |
2. Explore the function, operation and jurisdiction of Victorian Courts and Tribunals within the Australian Court system
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Performance Criteria: |
2.1 Structure and jurisdiction of the Victorian courts and tribunals are delineated. 2.2 Process of civil and criminal actions and appeals, including the functions and responsibilities of the parties involved are identified. 2.3 Different approaches and applications to statutory interpretation are analysed, evaluated and applied to legal matters. 2.4 Therapeutic justice principles, within a court framework, are examined. |
Element: |
3. Explore the role of Administrative law in the Victorian Justice system.
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Performance Criteria: |
3.1 Principles of natural justice are analysed. 3.2 Grounds on which an administrative decision/action may be reviewed or challenged in the courts and tribunals are examined. 3.3 Legislative and common law provisions relating to the judicial review by the courts and tribunals are examined. |
Element: |
4. Identify and apply appropriate elements of the Victorian legal system to current/potential Justice Environment job roles.
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Performance Criteria: |
4.1 Application of the law, its functions and processes within current/potential justice environment job roles is delineated and practiced. 4.2 Skills, knowledge and attitudes appropriate for conducting job role within legal contexts are determined and applied. 4.3 Etiquette and protocols for attendance/appearance at courts and tribunals is researched and practiced. |
Learning Outcomes
On successful completion of this course you will have developed and applied the skills and knowledge required to demonstrate competency in the above elements and also;
• Provide the application of law, functions and processes of the Victorian legal system relevant to current/potential justice environment job roles
• Demonstrate the application of correct etiquette and protocols for attendance/appearance at Victorian courts and/or tribunals
• Apply the knowledge of powers and functions of law, law courts and sub‐ ordinate authorities of the civil, criminal and administrative components of the Victorian legal system
Details of Learning Activities
n class activities will incorporate:
Face to face lectures, simulated workplace scenarios, practical demonstrations and role-plays that identify with professional practice within the criminal justice system
· Individual oral and written questioning, and student-led group discussions and/or presentations, will exemplify your contextualizing of the class topics, and validate your learning of the key principles for the foundations of legal principles and their applications in the context of justice workplace settings
Out of class activities will Incorporate
· Readings, researching case studies, completing remaining in class activities, and preparing for in class group presentations/discussions
In addition to the classroom experience, students have the opportunity to attend the ‘Justice Safety Support and Procedural Camp’ which is designed to assist in the transition to tertiary studies. The camp also provides experiential learning opportunities through simulated activities in Court processes, procedures and etiquettes and Emergency Management Procedures.
Scheduled classes are held at the camp while developing team skills through a range of engaging, interactive and practical activities that are challenging and designed to develop students’ knowledge of the foundation of legal principles.
Teaching Schedule
- Session One
- Pre-course test & feedback
- Introduction to Course and expectation
- Course guide & Checklist issued and discussed
- Statutory Interpretations (definitions)
- Natural Justice principles
- Session Two
- Issue Summative Assessment (Part 1A) instructions to students and discuss requirements.
- Australian law & its origin
- Types & sources of law
- Summary & Indictable offences
- Constitutional powers & limitations – Commonwealth & StateSession Three
Formative assessment ONE & feedback
- Session 3:
- State Constitution
- Commonwealth & State Parliament structure/functions
- Federal & State system of government
- Separation of Power
- Session Four
- Law making through the Parliament and Statutory Authorities
- Read and understand Acts of Parliament
- Contents of an Act of Parliament
- Statutory Interpretation
- Session Five Formative assessment TWO & feedback
- Structure and jurisdiction of Victorian Courts and Tribunals
- Applicable & relevant legislation
- Coroner’s Court
- Session Six
Issue Summative Assessment (Part 1B) instructions to students and discuss requirements
- Due Process
- Common Law
- Law making through the courts
- Case law practical
SUMMATIVE ASSESSMENT ONE (Part A) (Graded) Deadline 16 March 2017 @ 4.30pm
- Session Seven
Formative assessment THREE & feedback
- Aims and elements of Administrative law and its applications
- Grounds for review or challenge in court
- Legislative and common law provisions
- Therapeutic Justice
- Application of the law
- Session Eight
- Therapeutic Justice
- Application of the law
- Session Nine
Formative assessment FOUR & feedback
- Aims and elements of civil law and its applications to the Victorian Justice environment
- Process of civil action and appeals
- Functions and responsibilities of parties involved
- Session 10
Formative assessment FIVE & feedback
- Aims and elements of criminal law and its applications
- Functions and responsibilities of parties involved
SUMMATIVE ASSESSMENT ONE (Part B) (Graded). Deadline 4 May 17 @ 4.30 pm
- Session Eleven
- Process of criminal action and appeals
- Common law and statutory requirements and responsibilities
- Session Twelve
Formative assessment SIX & feedback
- Process of criminal action and appeals (cont.)
- Arrest and search powers
- Practical workshop
- Camp briefing and preparation
- Session Thirteen
- Justice Safety, Support and Procedural (JSSP) Camp conducted at an approved location
- Simulation and practical exercises in Court Procedures;
- Court etiquette and protocols
- Moot court practical
SUMMATIVE ASSESSMENT TWO (Graded)
- Session Fourteen
Formative assessment SEVEN & feedback
- Application of appropriate elements of Victorian legal system to job roles in justice
- Application of the law (action learning
- Session Fifteen
- Application of appropriate skills, knowledge and attitudes for conducting job roles in the legal context (action learning)
- Session Sixteen
Revision of course material SATURDAY 10 JUNE 2017Session Seventeen
- Session Seventeen
SUMMATIVE ASSESSMENT THREE (Graded)
14 June 2016
Witten final written examination
Every care has been taken to develop this lesson plan however matters outside the author’s control such as availability of resources, classroom, teacher, or other pressing matters may affect the scheduled delivery of this course as above. Every attempt will be made to inform students of any change as soon as practicable
Learning Resources
Prescribed Texts
References
Other Resources
Overview of Assessment
Assessments may incorporate a variety of methods including quizzes, case studies, observations, lectures, tutorials, class discussion, group/individual training workshops, audio-visual presentations, formative writing and exams.
Formative Assessments (Ungraded fortnightly formative assessments)
Students will have the opportunity to demonstrate the application of knowledge and understanding of legal principles, processes and procedures relevant to working in the justice system through ungraded fortnightly formative assessments. Students will receive immediate feedback after the formative assessments and remedial training as appropriate.
Summative Assessments:
A research project on Natural Justice (Graded summative assessment)
Moot Court simulated exercise (Graded summative assessment)
Short answer questions on application of the law, function and processes of the legal system, powers and functions of law and subordinate authorities
If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program coordinator or the Disability Liaison Unit if you would like to find out more.
A student charter http://www.rmit.edu.au/about/studentcharter summarises your responsibilities as an RMIT student as well as those of your teachers.
Your course assessment conforms to RMIT assessment principles, regulations, policies, procedures and instructions which are available for review online: http://www1.rmit.edu.au/browse;ID=c15i3ciaq8ca
Assessment Tasks
There are seven (7) formative assessment (ungraded) tasks delivered in the classroom and consist of short answer questions on the performance criteria of the applicable elements. Candidates will receive immediate feedback and remedial training as a form of ongoing monitoring of their progress. Weaknesses, strengths and LLN issues will be discussed collectively or with individual candidate as appropriate.
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· Task 1 - Research Project (Graded summative assessment)
· Task 2 - Moot Court simulated exercise (Graded summative assessment)
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Assessment Matrix
Graded results are summative assessments and will be recorded as either:
CHD - Competent High Distinction;
CDI - Competent with Distinction,
CC - Competent with Credit;
CAG - Competency Achieved-Graded;
NYC - Not Yet Competent; or
DNS - Did Not Submit for Assessment.
Refer to VET guidelines for Results Processing Online (RPO) result entry, link below
http://www.rmit.edu.au/browse;ID=o76r4x1cpri4z;STATUS=A?QRY=RPO%20guidelines&STYPE=
Other Information
Program inherent requirements
Inherent requirements refer to the abilities, knowledge and skills you must demonstrate to:
achieve program learning outcomes
work effectively as part of a team in classroom and work-integrated learning (WIL) settings
perform effectively in classroom and WIL settings without undue risk to your own or others' health, safety and welfare.
Depending on your program of study, inherent requirements may include:
verbal and non-verbal communication skills
reading, writing and number skills
concentration, memory and problem solving
mental wellness and behavioural stability
vision, hearing, touch and smell
physical skills, such as gross and fine motor skills.
If you have any injury, illness, disability, impairment, condition or incapacity that may affect your ability to perform the inherent requirements of your program of study, we encourage you to discuss this with the Program manager to enable RMIT University to identify whether there are any reasonable adjustments that would enable you to perform program requirements. RMIT University wants to place you in the best possible position to use your knowledge, skills and attributes effectively in your program of study.
Please refer to the RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters: rmit.edu.au/students
Cover Sheet for Submissions
You must complete a submission cover sheet for every piece of work submitted in hardcopy. For every piece of work submitted online you will complete an e-Declaration. The signed cover sheet or e-Declaration acknowledges that you are aware of the plagiarism implications.
Examples of other information that could be included in this section are listed below. Please discuss with your Program Coordinator/Manager. Information needs to be consistent across the whole program.
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 (unresolved) – 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
Working with Children Check – This course requires a Working with Children Check
Police Check – This course requires a satisfactory police check
Course Overview: Access Course Overview