Course Title: Investigate alleged breaches of legislation and prepare documentation

Part B: Course Detail

Teaching Period: Term2 2014

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
E: georgy.dumas@rmit.edu.au
P: 9925 4203

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:

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.

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.


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 guides issued and discussed with students

Week Two:
What is ‘local Council?”
Council structure and services
Council powers

Week Three:
Identify all legislations applicable to local government
Council policies and procedures

Week Four:
Identify local government legislations
Formative assessment 1
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 laws are made
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
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Seven:
Seek further information on complaints and breaches
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Eight:
The investigations process begins
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Nine:
Inspection of alleged complaint and or breach of legislation by Council
Experiential learning exercise on simulated Council complaint/breach of legislation
Formative assessment 2

Week Ten:
Select appropriate action/s to achieve compliance
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Eleven:
Undertake action to achieve compliance
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Twelve:
Documentation prepared and issued
Discussion of draft for final assessment
Experiential learning exercise on simulated Council complaint/breach of legislation

Week Thirteen:
Revision and final assessment

*The teaching schedule outlined above is subject to change depending on your assimilation of knowledge and skills of the subject matter, and on changes to legislation as well as unforeseen circumstances.

Attendance in this VET Justice Course is to help you develop a self-directed, professional attitude and to maximize your educational vocational opportunities and practical skills. Regular class attendance provides fundamental educational value and offers the most effective means for you to gain knowledge and skills of the concepts of the justice environment. Lack of regular attendance and participation may compromise your performance in the course and achieving the final outcome.
 


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


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

Formative assessments 1, 2 will consist of engaging in a ‘layered’ project tasks that will form the content of the final assessment. This will be based on on the performance criteria of the applicable elements. You will have the opportunity to receive feedback and make adjustments/improvements to the areas you are not competent in as a form of ongoing monitoring of your progress

Summative assessment 1 (graded) will constitute 30% of the final grade. This assessment comprises short answer questions on local government legislation and local council structures, policies and procedures and powers.

Summative assessment 2 (graded) will constitute 70% of the total mark. This assessment comprises the submission of a project based on the investigation of alleged breaches of legislation and the development of supporting documentation to achieve compliance.

Comprehensive assessment outlines will be issued and discussed in class/and or through Blackboard in Week 4 of the course


Assessment Matrix

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:

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

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

CA=Competency Achieved
NYC=Not Yet Competent
DNS=Did Not Submit For Assessment

Other Information

All written work must adhere to the following criteria:
1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
2. 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 cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic
4. Written submissions must demonstrate appropriate preparation, reading and research
5. In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
6. 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.

Extensions
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.

Applying for an Extension
Extension of time for assessment tasks may be granted where circumstances beyond your control prevent submission by the published due date. An application for extension of time must be lodged with your tutor or the course coordinator as early as possible, and no later than one working day before the due date for submission.
You can apply for extension using the University’s Extension Application Form – http://mams.rmit.edu.au/seca86tti4g4z.pdf – or by emailing your course coordinator or tutor directly.
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, tutors or the School. To apply for an extension of time greater than seven calendar days you must lodge an application for 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

Penalties for Late Submission
If you have not been granted an extension or special consideration, late submission will be penalised as follows:
Assessment tasks submitted after the due date of submission shall receive a penalty of five per cent of the grades available for that assessment per day for each working day late.
No assessment task shall be accepted more than three weeks after the due date.

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:
• You believe an error has occurred in the calculation of the grade; or,

• You believe the assessment did not comply with criteria published in the Course Guide; or,

• 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://www.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://www.rmit.edu.au/library/info-trek/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 Discipline Statute and Regulations - http://www.rmit.edu.au/browse;ID=11jgnnjgg70y

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

Course Overview: Access Course Overview