Course Title: Make decisions in a legal context

Part B: Course Detail

Teaching Period: Term1 2017

Course Code: LAW5726C

Course Title: Make decisions in a legal context

School: 650T Vocational Business Education

Campus: City Campus

Program: C5337 - Diploma of Conveyancing

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Paul Ryan

paul.ryan@rmit.edu.au

9925 5644

Building 80, Level 5, Room 18

445 Swanston Street Melbourne

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 skills and knowledge required to make decisions, particularly relating to compliance issues, 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.

It applies to individuals who within their area of responsibility use specialised knowledge to make decisions that require consideration of the legal context.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSACC403 Make decisions in a legal context

Element:

1. Examine legal context for financial services work

Performance Criteria:

1.1 Identify Australian legal systems and processes 1.2 Identify functions of courts and other regulatory bodies 1.3 Identify implications of relevant legislation, regulation and legal precedent, and apply in making operational decisions 1.4 Seek advice and guidance to evaluate and moderate decision processes

Element:

2. Identify compliance requirements

Performance Criteria:

2.1 Accurately interpret compliance requirements 2.2 Review legislative and regulatory sources of information regularly to identify changes to compliance requirements

Element:

3. Develop procedures to ensure compliance

Performance Criteria:

3.1 Develop procedures in consultation with others to address compliance requirements 3.2 Establish timetables to meet compliance requirements to align with statutory deadlines


Learning Outcomes



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 delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:
•Program overview and requirements
•MyRMIT/Blackboard
•Overview of assessment requirements
•Pre-Training Review including:◦Recognition of Prior Learning and Credit Transfers
◦Assessment of current skills and knowledge
•Competency/Grading Criteria
•Plagiarism
•Appeals
•Extensions
•Feedback
•Privacy
•Submission requirements
•Resubmission policy
•Where to get support
•Student responsibilities


Please note that this teaching schedule is subject to change.

Week No.

Tuesday Classes

Topics

Activities and tasks

1

February 7

 Australian Legal System Intro Legislation and case law as a source of law, & doctrine of precedent

 Discuss take- home assignment due before class in week 6

2

Feb 14

 Principles of statutory interpretation

 

3

Feb 21

 Modern Approach to statutory interpretation –

 

4

Feb 28

 Formation of business structures: Sole traders, partnerships, corporations & trusts

 Take-home assignment handed out to students and answers due in a fortnight 14/03/2017

5

Mar 7

 No Class in Make decisions, but commence Contract Law classes with Paul Ryan

 

6

Mar 14

 No Class in Make decisions, but class in contract with Paul

 Assignment due   to be submitted by hand in hard copy and on turnitin via blackboard

 

Note: As there is a considerable amount of material in this Course, which we try to cover in classes over 4 weeks, it will be necessary to undertake self-directed learning – research and study in your own time. The Class Notes on blackboard are detailed and there is no need to buy a text book, but reference books will be discussed in classes.

 

Full details of the teaching schedule for all first semester units may be found in the "Course and Program Guide Summary - Semester 1, 2017" (attached).


Learning Resources

Prescribed Texts


References


Other Resources

Full details of resources required for this unit may be found in the "Course and Program Guide Summary - Semester 1, 2017" referred to earlier.


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • access information on relevant legislation, statutes, regulation and legal judgements
  • draw conclusions, having regard to the facts and relevant law
  • review and assist to develop organisational procedures to meet compliance requirements.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • identify and explain the key features of Australian legal systems and processes, and the context in which they operate including:
    • basic principles, current statute and 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
    • courts and regulatory bodies
  • identify and describe the main features of current legislation and its general impact on business operations in the 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
  • identify the key decisions in case law and interpret findings.

 Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the accounting field of work and include access to:

  • common office equipment, technology, software and consumables
  • internet
  • relevant legislative and regulatory documentation.             

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

Full details of the assessment(s) for this unit may be found in the "Course and Program Guide Summary - Semester 1, 2017" referred to earlier.


Assessment Matrix

Other Information

Submission Requirements

You should:
•Ensure that you submit assessments on or before the due date.
•Always retain a copy of your assessment tasks (both hard copy and soft copy).
•Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. 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 must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
•Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

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. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: 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. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w (unresolved)

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions (VE Programs):

You must satisfactorily complete all assessment tasks in order to achieve competency.

If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.

If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.

If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.

Adjustments to Assessment

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

Marking Guide (Competency)

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.

Marking Guide (Grading)

This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course.

The reported Final Grade will be one of the following:


CHD Competent with High Distinction
 

CDI Competent with Distinction
 

CC Competent with Credit
 

CAG Competency Achieved – Graded
 

NYC Not Yet Competent (all assessment tasks submitted)
 

DNS Did Not Submit (one or more assessment tasks not submitted)
 

Further details regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview