Course Title: Apply understanding of the Australian legal system
Part B: Course Detail
Teaching Period: Term1 2022
Course Code: LAW5759C
Course Title: Apply understanding of the Australian legal system
Important Information:
Please note that this course may have compulsory in-person attendance requirements for some teaching activities.
To participate in any RMIT course in-person activities or assessment, you will need to comply with RMIT vaccination requirements which are applicable during the duration of the course. This RMIT requirement includes being vaccinated against COVID-19 or holding a valid medical exemption.
Please read this RMIT Enrolment Procedure as it has important information regarding COVID vaccination and your study at RMIT: https://policies.rmit.edu.au/document/view.php?id=209.
Please read the Student website for additional requirements of in-person attendance: https://www.rmit.edu.au/covid/coming-to-campus
Please check your Canvas course shell closer to when the course starts to see if this course requires mandatory in-person attendance. The delivery method of the course might have to change quickly in response to changes in the local state/national directive regarding in-person course attendance.
School: 525T Business & Enterprise
Campus: City Campus
Program: C6170 - Advanced Diploma of Conveyancing
Course Contact: Theresa Lyford
Course Contact Phone: +61 3 9925 5444
Course Contact Email: theresa.lyford@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Steven Hansen
Program Coordinator / Teacher
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
In this course you will acquire the skills and knowledge required to apply understanding of the Australian legal system. This includes understanding and applying knowledge of the Federal system, sources of law, and the trial system for resolving disputes.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBLEG421 Apply understanding of the Australian legal system |
Element: |
1. Research sources of law |
Performance Criteria: |
1.1 Identify sources of Australian law 1.2 Identify hierarchy of sources of law 1.3 Access sources of legislation according to organisational policies and procedures 1.4 Apply principles for reading and interpreting legislation |
Element: |
2. Identify and revise inconsistencies between laws |
Performance Criteria: |
2.1 Resolve conflicts between pieces of statute law according to hierarchy of sources of law 2.2 Resolve conflicts between pieces of common law according to hierarchy of courts 2.3 Resolve conflicts between statue and common law according to hierarchy of sources of law |
Element: |
3. Research the trial system |
Performance Criteria: |
3.1 Examine elements of the adversary trial system 3.2 Identify and examine differences in law and procedures between civil and criminal proceedings |
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.
Details of Learning Activities
This semester we will be learning remotely through Collaborate Ultra Sessions.
A range of learning activities are planned for this course including self-paced and discussion 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 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.
This course will be delivered via our existing learning management system, Canvas.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
Program Orientation Session
Prior to training commencement a program level orientation session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Canvas
- 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
The Teaching Schedule for this course is as follows.
Please note that this schedule is subject to change.
Semester 1, 2022
| Week | Topic | Learning Activities | Assessment |
| 1 | Introduction and an Overview of the Australian Legal system | Introduction to Law and it sources. Statute – how is it created. Case Law – how is it created. The Constitution – s51 Federal & State and s109 | |
| 2 | Statutory interpretation and Legal referencing | Statutory rules of Statutory Interpretation. Common Law approach to Statutory Interpretation. Legal referencing. Harvard referencing | |
| 3 | Dispute resolution and Legal language | The role of VCAT. Mediation, Arbitration, Litigation, and Legal language | |
| 4 | The Adversarial vs. The Inquisitorial systems | English Legal and Constitutional history. Common Law countries. Civil Law countries | |
| 5 | Criminal trial system vs Civil trial system | Victorian Parliament. Victoria and Commonwealth Constitutional Legal history | |
| 6 | Common Law & Precedent | Principles of Precedent. Types and rules | |
| 7 | Conveyancing & the Law | Conveyancers Act 2006. Conveyancers (Professional Conduct) Regulations 2018. Conveyancers (Qualifications and Experience ) Regulations 2018 | |
| 8 | Legal problem solving (I) and revision | The IRAC method. Revision for assessment task 1 | AT1 Due |
Mid semester Easter break is 14th to 20th April 2022
Please note that this break falls in the middle of week 10
Therefore week 10 will straddle 2 weeks
| 9 | Doctrine of Reception & Native Title | Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 | |
| 10 | The Mabo case and Precedent | Mabo v Queensland (No1) [1988] HCA 69 Mabo v Queensland (No2) [1992] HCA 23 | |
| 11 | Resolving conflicts of Laws – Common Law | Executive Power – sources and types | |
| 12 | Resolving conflicts of Laws – Statute and Common Law | Separation of Powers – The relationship between Parliament, the Judiciary and the Government | |
| 13 | Resolving conflicts of Laws - Statute | Statutory interpretation The importance of an independent Judiciary | |
| 14 | Resolving conflicts of Laws | Guest Speaker Legal Profession Speaker | |
| 15 | Legal problem solving (II) | Revision for Assessment Task 2 | AT2 Due |
| 16 | Resit and Resubmit | This week will be dedicated to re-submission of assessments if needed | |
| 17 | Resit and Resubmit | This week will be dedicated to re-submission of assessments if needed |
Student support
Your first point of contact for any support needs with your assessments should be your teacher and assessor. If you require further support, you should consider contacting the following support services at RMIT Student Support
Assessment adjustments
Students requiring support or adjustments for their formal assessment tasks should contact Equitable Learning Services (ELS), for more information on the types of adjustments provided, access RMIT adjustments to assessment.
Extension of time
If you require an extension of time to submit an assessment task you can apply for an extension of time by completing the form at this link and then email it together with your supporting documentary evidence to steven.hansen@rmit.edu.au
You will be advised of the outcome of your application within 1 business day. Please ensure you read the general information about extension applications before you apply.
Special consideration
If unexpected circumstances affect your ability to complete an assessment you can apply for special consideration. For more information access RMIT special consideration.
Appeals
As an RMIT student you are entitled to seek a review of decisions that impact on your studies. For more information access RMIT appeals.
Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT website's Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities.
We recommend the following Conveyancing industry textbook which has valuable information for students.
Conveyancing Victoria the ultimate guide, by Simon Libbis. Available from Hybrid Publishers Melbourne
https://www.hybridpublishers.com.au/
Overview of Assessment
Assessment for this course is ongoing throughout the semester. Your knowledge and understanding of course content is assessed through participation in class exercises, oral presentations and through the application of learned skills and insights to your written tasks. Full assessment briefs will be provided and can be found on CANVAS.
Assessment Tasks
In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the two assessments in this course.
Assessment Task 1: Research Report
Due: Week 8
This assessment task allows you to demonstrate your knowledge on legal systems and jurisdictions within Australia and your knowledge relating to legal issues.
Assessment Task 2: Case Study
Due: Week 15
This assessment will allow you to demonstrate your ability to resolve conflicts of laws in jurisdictions within Australia
Assessment Matrix
The assessment matrix that maps all the assessments is available on CANVAS.
Other Information
Submission Requirements
- Ensure that you submit assessments on or before the due date.
- 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 the Assessment task document that includes a declaration and statement of authorship.
- Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.
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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the Dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview