Course Title: Apply foundation legal principles

Part B: Course Detail

Teaching Period: Term1 2016

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

Georgy Dumas, Senior Educator

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

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.

 

 

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 sub-ordinate authorities are investigated.
1.4 Main aims and elements of administrative, civil and 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

 

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.

 

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.

 

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

You will participate in a variety of learning activities in class.


Your in class activities will incorporate simulated workplace scenarios, practical demonstrations and student-led group discussions that focus on problem-solving and knowledge building skills relevant to identifying and responding to applications of law.
will exemplify your contextualising of class topics, and validate your learning with in class participation and integrated synthesised activities.


Teaching Schedule


Intensive Week
• Pre-course test & feedback
• Introduction to Course and expectation
• Course guide & Checklist issued and discussed
• Statutory Interpretations (definitions)
• Natural Justice principles

Session One

• Australian law & its origin
• Types & sources of law
• Constitutional powers & limitations – Commonwealth & State;
• Summary & Indictable offences

Session Two

Formative assessment ONE & feedback

• State Constitution
• Commonwealth & State Parliament structure/functions
• Federal & State system of government;
• Separation of Power

Session Three

• Law making through the Parliament and Statutory Authorities
• Read and understand Acts of Parliament
• Contents of an Act of Parliament
• Statutory Interpretation

Session Four

Formative assessment TWO & feedback

• Structure and jurisdiction of Victorian Courts and Tribunals
• Applicable & relevant legislation
• Coroner’s Court

EASTER BREAK

Session Five

• Due Process
• Common Law
• Law making through the courts
• Case law practical
SUMMATIVE ASSESSMENT ONE (Part 1A) (Graded) 18 Mar 2016. Deadline 18 March 2016 @ 4.30pm

Session Six

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

Session Seven

• Therapeutic Justice
• Application of the law

Session Eight

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 Nine

• Aims and elements of criminal law and its applications
• Functions and responsibilities of parties involved

Session Ten

Formative assessment FIVE & feedback

• Process of criminal action and appeals
• Common law and statutory requirements and responsibilities
SUMMATIVE ASSESSMENT ONE (Part 1B) (Graded). Deadline 6 May 16 @ 4.30 pm

Session Eleven

• Process of criminal action and appeals (cont.)
• Arrest and search powers
• Practical workshop
• Camp briefing and preparation

Session Twelve

Formative assessment SIX & feedback

• 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 ONE (Part 2) (Graded) in Camp

Session Thirteen

Formative assessment SEVEN & feedback
• Application of appropriate elements of Victorian legal system to job roles in justice
• Application of the law

Session Fourteen
• Application of appropriate skills, knowledge and attitudes for conducting job roles in the legal context

Session Fifteen
• Revision of course material

Session sixteen
SUMMATIVE ASSESSMENT TWO (Graded)
14 June 2016
• Witten final 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 competency.
You are expected to attend all scheduled classes and some classes will have sessions that are compulsory to attend (please see individual course guides). If you cannot attend a class you should advise your RMIT Educator, as RMIT monitors all student attendance.
As a student, competency is demonstrated through both knowledge and practical skills relevant to the course content and 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.
Absence from class can seriously limit your ability to pass or achieve good results. You may be asked to attend a meeting to explain more than three absences from a subject and enter into a negotiated plan of action with your Educator. This meeting is recommended as an early intervention approach that may possibly identify any underlying issues which may be affecting your attendance and identify support that RMIT may be able to give you.
Clearly, non-attendance at an assessment will result in failure of that assessment. If your academic progress is reviewed, a good class attendance may be helpful in showing evidence of your commitment to your studies in Justice.


Learning Resources

Prescribed Texts

Carvan, J., (2010)’Understanding the Australian Legal System,’ Thomson Reuters (Professional Australia Limited) Pyrmont NSW
Fox, R., (2010) "Victorian Criminal Procedure’ Monash University Printing, Melbourne


References

All required readings and case studies will be available either:
Via My RMIT/Studies Blackboard
Handed out in class as a hard copy
Accessible by CD/DVD
Via the internet/assigned website
Accessible via the RMIT Library


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 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

All assessment tasks are based on the requirements of the performance criteria, range statements and the assessment guidelines of the course.

Summative Assessment One (Task 1 Part 1) - A research project in two parts (graded summative assessments)

Students are required to provide written report related to Natural Justice (Part A) and Judicial review (Part B). Separate instructions will be supplied to candidates at a suitable time at the beginning of the semester. This task is in two parts and counts towards 20% each of the overall grade for this course.

Due Date: Part A - 18th March 2016

Due Date: Part B - 6th May 2016


Summative Assessment One (Task 1 Part 2) - Active participation in a moot court presentation at a suitable location (graded summative assessment)

Due Date: Week 14 (Camp Assessment)


Summative Assessment Two  - Written assessment (graded summative assessment)

Due Date: 14th June 2016


Formative Assessments (ungraded fortnightly formative assessments)

All assessment tasks are based on the requirements of the performance criteria, range statements and the assessment guidelines of the course.


Comprehensive assessment outlines will be issued and discussed with students in class/and or through Blackboard throughout the course.


Once you have demonstrated competency, your final assessment task will be graded (refer to MyRMIT for grading rubric).


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:


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


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, but it must be into the Administration office by close of business (5pm) of the day the submission is due.


Assessment Format:
1. For a CERTIFICATE IV each written assessment task/s – up to 1500 words, 3 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 justice.ve.assignments@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 difficulty 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: rmit.edu.au/students

Cover Sheet for Submissions


You must complete a submission cover sheet for every piece of submitted work, including online submissions. This signed sheet acknowledges that you are aware of implications of plagiarism.
Please refer to the following link for on-line submission statements;
http://www1.rmit.edu.au/teaching/technology/esubmission

Cover sheets do NOT form part of your word limit for written assessment tasks.

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.

If you have not been granted an extension or special consideration, you need to submit any work that has been completed on the due date.

The penalty for assignments submitted late will be 10% 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.

 

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 an Extension


Extension of time for assessment tasks may be granted where circumstances beyond your control prevent submission by the published due date. Speak with your teacher or course coordinator regarding applying for an extension.

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

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:
1. 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;
2. Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
3. Piecing together text from one or more sources and adding only linking sentences;
4. Copying or submitting whole or parts of computer files without acknowledging their source;
5. Copying designs or works of art and submitting them as your original work;
6. Copying a whole or any part of another student’s work; and
7. Submitting work as your own that someone else has done for you.
8. 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