Faculty of Business & Informatics
LAWS11045
Law and Welfare of Society A
What is this course about?
This course acquaints the student with the legal framework of Australian society, and
sets out an analytical framework for the constructive assessment of particular laws. The
course also involves a consideration of the manner in which the law may be changed and
the way it responds to social, political and economic forces.
What are the expected
outcomes of the course?
Course learning outcomes
On successful completion of this course, you should be able to:
1. Demonstrate an understanding of the Australian legal system:
(a) know some basic legal terms and concepts
(b) know about the different legal institutions and jurisdictions
(c) differentiate between common law and statute law
(d) communicate ideas effectively using appropriate terminology and expression.
2. Demonstrate an ability to locate and utilise legal materials and resources and be able
to refer to relevant sources of legal authority:
(a) read and understand legal materials including court decisions
(b) access materials on Australian criminal law, family law and social security law
(c) locate law related materials and access legal materials through print and online
media.
3. Recognise and make informed decisions about the legal issues arising out of a set of
facts:
(a) be familiar with certain underlying principles of the criminal law
(b) be familiar with the overall operation and general principles of family law in
Australia
(c) be familiar with the social security law in Australia.
4. Recognise that law is a mechanism by which policy is implemented:
(a) see how and understand why the law distinguishes between adults and younger
persons in a number of areas
(b) see policy implementation in areas of criminal law, family law and social security
law.
When is it offered?
2009 Term One
For those of you taking the course on campus, the schedule will be published at
http://timetabling.cqu.edu.au
Where is it offered?
Flexible Learning, Rockhampton
How is it assessed?
Approved assessment for this course is:
Examination 60%
Other
40%
Assessment 1 40% Assignment
Course Profile for: LAWS11045, 2009 Term One - Page 1
ALL
What textbooks do I need
to obtain?
Who do I contact?
Prescribed
● Butt, P (ed.), Butterworth's concise Australian legal dictionary, 3rd edn, Lexis
Nexis, Sydney.
● Carvan, J 2005, Understanding the Australian legal system, 5th edn, Thomson
Lawbook Co, Sydney.
Note: This book is packaged with the Monahan text at a cost saving to students.
● Monahan, G 2005, Family law nutshell, 3rd edn, Thomson Lawbook Co, Sydney.
Note: This book is packaged with the Carvan text at a cost saving to students.
Optional/Supplementary
● CCH Australia 2007, Australian master family law guide, CCH Australia Limited,
Sydney.
Coordinator:
Email:
Phone:
Robert Fisher
laws11045-admin@cqu.edu.au
+61 7 4930 9449
Additional contact details may be found at:
http://lecturer.cqu.edu.au/lecturer.jsp?term=2091&course=LAWS11045
Copyright CQUniversity,
Course Profile for: LAWS11045, 2009 Term One - Page 2
Information for Students for this Offering
Study Schedule
Week Begin Date Module/Topic
Chapter
1
02 Mar 09
Basic Ideas and Concepts
1
2
09 Mar 09
Sources of Law
2
3
16 Mar 09
Courts and the Common Law
3
4
23 Mar 09
Statute Law
4
5
30 Mar 09
Criminal Law 1: Crime and Punishment
5
6
14 Apr 09
Criminal Law 2: Liability and Defences
6
7
20 Apr 09
Family law 1: Marriage Divorce and Other
Relationships
7
8
27 Apr 09
Family Law 2: Children and Property
8
9
05 May 09
Social Security and Welfare Law
9
Events and submissions
Assessment item 1
All Students
Assignment
Due: 05 May 09
10 11 May 09
The Law and the Younger Person
11 18 May 09
Revision
12 25 May 09
Revision
10
Course Profile for: LAWS11045, 2009 Term One - Page 3
Other important dates
Review Period: 1 – 3 June 2009.
Examinations:
Standard Examinations 4 – 12 June 2009.
Deferred/Supplementary Examinations 10 – 14 August 2009.
Note: A recess is held during term. Please consult the CQU handbook for specific dates and other
information at:
http://handbook.cqu.edu.au.
Contacting teaching staff
During the course students should initially contact their local teaching staff to answer any queries
related to the course that they may have. Contact details for local teaching staff can be found on the
course website. If local teaching staff cannot fully answer the query or it is of a personal nature,
students can contact the Course Coordinator.
A directory of assistance containing information for both on-campus and off-campus students will be
provided on the web, before term starts, at:
http://fbi.cqu.edu.au/FCWViewer/view.do?page=7
Course information
The university allocates every student an individual email address, the format of which is
studentnumber@student.cqu.edu.au (e.g. S00011123@student.cqu.edu.au). This is the official email
address that the university will use for all email correspondence. Student emails can be accessed
through http://webmail.cqu.edu.au or http://mycqu.cqu.edu.au. Students are expected to check their
official email address on a frequent and consistent basis (at least once weekly). Students are encouraged
to review the new university policy relating to email communication at
http://policy.cqu.edu.au/Policy/policy.jsp?policyid=642 which has been introduced to ensure all course
and program updates are received.
Student use of the course website is mandatory. This is provide using Learning Management
Systems (LMS) which can be accessed through the MyCQU Student Porial:
http://mycqu.cqu.edu.au/portal/dt. This course uses BlackBoard LMS. If you have difficulty
logging in, please contact Helpdesk on (07) 4930 9233. Further details for the use of this online
course are provided within the course.
Regular student access to email is required for this course.
Regular student access to the Internet is required for this course.
Students are expected to follow a self-directed study schedule which meets the required
deadlines.
Course Profile for: LAWS11045, 2009 Term One - Page 4
Assessment
Continuous assessment / examination
For students to receive a passing grade in this course they must complete all items of assessment and
receive 50% (or greater) of the total marks for this course. It is not required that a student achieve 50%
or greater on each item of assessment.
Assignment submission
Off-campus students should submit hard copy, signed assignments to the Student Contact Centre,
Building 5, CQUniversity, Rockhampton, QLD 4702.

Access CQUcentral to print a personalised assessment coversheet for each assignment submission.
Instructions for generating your coversheet are at:
http://dtls.cqu.edu.au/FCWViewer/getFile.do?id=23407.
On-campus students should submit hard-copy, signed assignments to assignment boxes located on
your particular campus – if none is available then submit to the Administration Office.

Central Queensland Campus students should access CQUcentral to print a personalised
assessment coversheet for each assignment submission. Instructions for generating your coversheet
are via the link above.
Australian International Campus students should access the personalised coversheet available at
your Campus
Assignment submission
If you request an extension for your final assignment, there is no guarantee that you will receive your
assignment back before the final examination.
Policies and procedures for assessment
Students must familiarise themselves with the following policies and procedures:
Assessment and examination
policy and procedures
University Assessment of Coursework Policy
Assignment preparation and
presentation
Chapter 1 Guide for Students
http://fbi.cqu.edu.au/FCWViewer/view.do?page=492
Referencing style
The Faculty of Business & Informatics uses the Harvard
(Author/date) style of referencing except for law courses.
http://facultysite.cqu.edu.au/FCWViewer/view.do?page=3955
Assignment submission
Chapter 1 Guide for Students
http://fbi.cqu.edu.au/FCWViewer/view.do?page=492
Applying for extensions
http://fbi.cqu.edu.au/FCWViewer/view.do?page=7
Assignment grading
http://policy.cqu.edu.au/Policy/policy_file.do?policyid=437
Plagiarism detailed
explanation
What is plagiarism?
http://facultysite.cqu.edu.au/FCWViewer/view.do?page=3952
General Student Information
http://studentadmin.cqu.edu.au/FCWViewer/getFile.do?id=21675
Course Profile for: LAWS11045, 2009 Term One - Page 5
http://policy.cqu.edu.au
FOR LAW COURSES
Referencing style
Australian Guide to Legal Citation Style
http://www.lib.unimelb.edu.au/cite/law/index.html
Although the Faculty policy is to use the Harvard style of
referencing, the Footnote or endnote system is the
preferred method of referencing in legal writing. When
you use this system you are able to reference and expand on
your arguments in the footnotes, without breaking up the
flow of the assignment. When making a reference, cite the
original source or authority in preference to a secondary
source such as the textbook especially when you are
discussing various sections of the legislation. It is not
compulsory to use this system; however most students
appear to master it.
Rozenberg, Pearl 2003, Australian guide to uniform legal
citation, 2nd edn, LBC Information Services
Stuhmcke, Anita 2005, Legal referencing: Butterworths
guides, 3rd edn, Butterworths, Sydney.
Course Profile for: LAWS11045, 2009 Term One - Page 6
Assessment details for ALL students
Assessment item 1— Individual - Law report analysis and
independent investigation
Due date:
Tuesday of Week 9
Weighting:
40%
Length:
As suggested in questions.
ASSESSMENT
1
Objectives of Part A of this assessment
In addition to the assessing the generic skills of reading comprehension and effective written
communication, some analysis and interpretation, this assessment item also links the course learning
outcomes as listed on Page 1 as follows:
1. (a) (b) (c) (d)
2. (a)
3. (a)
4. (a) (b)
The assignment consists of two separate parts each worth twenty (20) marks. Each part is divided into a
number of questions and the questions carry the number of marks indicated.
Part A
You are required to read the following law report and answer the following questions. It is a decision of
the Queensland Court of Appeal and involves a person appealing against a conviction imposed by a
lower court.
If you read the judgment carefully you will find many of the answers to the questions. The questions
carry the number of marks indicated. You should try to answer the question fully but there is no
requirement to write excessive amounts. Sometimes a short sentence is sufficient. The amount of
information expected depends on the number of marks for the question.
This law report has been downloaded from
http://www.austlii.edu.au/au/cases/qld/QCA/2007/322.html
Course Profile for: LAWS11045, 2009 Term One - Page 7
SUPREME COURT OF QUEENSLAND
CITATION:
R v Squire [2008] QCA 19
PARTIES:
R
v
SQUIRE, Suzanne Elizabeth
(applicant)
FILE NO/S:
CA No 186 of 2007
DC No 233 of 2007
DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
Miscellaneous Application – Criminal
ORIGINATING
COURT:
District Court at Maroochydore
DELIVERED ON:
15 February 2008
DELIVERED AT:
Brisbane
HEARING DATE:
30 January 2008
JUDGES:
McMurdo P, Muir JA and Mackenzie J
Separate reasons for judgment of each member of the Court,
each concurring as to the orders made
ORDER:
1. Application to adduce evidence refused
2. Application for leave to appeal against sentence refused
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND
PROCEDURE – QUEENSLAND – POWERS OF COURT –
FURTHER EVIDENCE – where applicant made application to
adduce evidence – where, two days after sentence was passed,
applicant's solicitor at trial received letter regarding the applicant
attending counselling– whether, if letter was in evidence at
sentence, a different sentence was warranted at law
CRIMINAL LAW – APPEAL AND NEW TRIAL AND
INQUIRY AFTER CONVICTION – APPEAL AND NEW
TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY
CONVICTED PERSONS – where applicant pleaded guilty to
obtaining and attempting to obtain a financial advantage from the
Health Insurance Commission – where applicant fraudulently
received over $45,000 in Medicare benefits – where applicant
effectively sentenced to 30 months imprisonment with an order
that she be released after 9 months upon entering a recognisance
of $2,500 upon condition that she be of good behaviour for 3
years – where applicant claimed to be drug addicted and
desperate for money for drugs at the time of the offences –
whether trial judge erred in not accepting these claims – where
applicant claimed incarceration was causing her health to
Course Profile for: LAWS11045, 2009 Term One - Page 8
deteriorate – whether sentence imposed was manifestly excessive
Criminal Code Act 1995 (Cth), s 11.1(1), s 134.2(1)
R v Holdsworth [1993] QCA 242; CA No 94 of 1993, 22 June
1993, considered
R v Maniadis [1997] 1 Qd R 593, applied
COUNSEL:
The applicant appeared on her own behalf
P G Huygens for the respondent
SOLICITORS:
The applicant appeared on her own behalf
Commonwealth Director of Public Prosecutions for the
respondent
McMURDO P: The applicant Ms Squire pleaded guilty on 6 August 2007 to one count of obtaining
and one count of attempting to obtain a financial advantage from the Health Insurance Commission.
She was sentenced on the first count to 30 months imprisonment and on the second count to 18 months
imprisonment, with an order that she be released after nine months upon entering into a recognisance in
the amount of $2,500 on condition that she be of good behaviour for three years. She was also ordered
to pay reparation of $45,685.95. She applies for leave to appeal against her sentence contending that it
was manifestly excessive and that the judge erred in not taking mitigating circumstances into account.
She also applies to adduce evidence on appeal that was not before the sentencing court.
Ms Squire was 34 at sentence and a single mother with two dependent children aged 8 and 15. She was
between 31 and 32 at the time of the offences.
She had a relevant criminal history. In 1996 she was convicted and fined for stealing. On 6 September
2004 she was placed on 12 months probation and ordered to perform 120 hours community service for
break and entering premises and committing an indictable offence in November 2003 and for breaching
bail. That offence involved the smashing of the window of the pharmacy where Ms Squire had
previously worked. She gained entry to a safe using the combination which she knew because of her
employment. She stole $400 and prescription drugs. The present offences also occurred in 2004 over a
period pre-dating and post-dating the probation order. Significantly, she committed the second of the
present offences only a few days after the imposition of the probation order.
In 2005 and 2006 she was thrice fined for breaches of bail. In September 2006 she was convicted of
breaching the 2004 probation order and re-sentenced to four months imprisonment to be released on
parole after serving three months with a declaration as to time served in pre-sentence custody. She was
also sentenced to short periods of cumulative imprisonment for further bail breaches, using a carriage
service to menace, harass or cause offence, fraud and wilful damage. In November 2006 she was
convicted and sentenced to 14 days cumulative imprisonment for dealing with a prohibited thing.
Course Profile for: LAWS11045, 2009 Term One - Page 9
The maximum penalty for each of the present offences is 10 years imprisonment.1 The offences arose
in this way. Ms Squire created and uttered false receipts for medical services said to be provided by
gynaecologist, Dr Molloy, and cardiologist, Dr Cross. She then claimed a Medicare rebate in relation to
these false receipts. The Health Insurance Commission is the administrator of the Medicare system.
Count 1 occurred between 23 June and 1 November 2004. Ms Squire presented 4 false invoices relating
to services purportedly provided by Dr Cross and 13 false invoices for services purportedly provided by
Dr Molloy. In total, she received $45,685.95 to which she was not entitled. She had previously been a
patient of Dr Cross and made the false receipts by copying a genuine document. She had never been a
patient of Dr Molloy. The false invoices she produced from Dr Molloy were similar to the false
invoices she produced from Dr Cross.
Ms Squire committed count 2 when she attempted to make a claim in the name of Katie Elizabeth
Gleeson on 24 September 2004 at the Indooroopilly Medicare office. Ms Gleeson had previously
shared accommodation for about a month with Ms Squire who at this time came into possession of Ms
Gleeson's birth certificate and high school certificate. Ms Squire used those documents to support a
false Medicare claim in Ms Gleeson's name for $5,985. Ms Squire provided her own ATM card to the
Medicare officer and requested that payment be made into it. Unsurprisingly, the officer became
suspicious and did not pay the claim. The resulting investigation led to the discovery of the commission
of count 1.
The prosecutor at sentence made the following submissions. He was unaware of any statistics to
demonstrate the prevalence of offences like these. The premeditated nature of the offences was an
aggravating feature. The Medicare system, like the social security system, was based on trust. Ms
Squire pleaded guilty at a very early stage (pre-committal for count 1 and during the committal
proceedings for count 2). A sentence of two and a half to three years imprisonment with release after
ten months upon entering to a recognisance release order for three or four years was suggested.
Defence counsel made the following submissions. Ms Squire gave birth to her first child when she was
19 years old. The child has learning difficulties and was 15 at sentence. She also had an eight year old
daughter. Ms Squire was a qualified pharmaceutical assistant. At the time of the offences, she had a
prescription drug habit. She suffered from cluster migraines which were treated with pethidine and
maxolon. She was also diagnosed with diabetes. He tendered a copy of a report from her treating GP,
Dr David Robertson, dated 2 August 2007. It recorded that Ms Squire suffered from type 1 diabetes,
hypertension, hypothyroidism, depression and anxiety, chronic pain and a gastric ulcer for which she
was prescribed insulin, Karvezide, Prozac, Thyroxine, Panadeine Forte, Xanax and Omeprazole.
Defence counsel also tendered a report from general practitioner, Dr Julien Valery dated 1 February
2003. It recorded that she suffered from migraines and may need pethidine and maxolon injections.
Progress notes from Dr Valery's surgery were tendered. Defence counsel submitted that these notes
supported his contention that Ms Squire developed an addiction to pethidine at the time of the present
offences. The notes referred to treatment for migraine on a number of occasions, but only on one
occasion (1 February 2003) did they record that she was prescribed pethidine. They recorded, consistent
with counsel's submissions, that she was assaulted by her partner (the father of her eight year old child)
in April 2004 (during the offending period) and suffered facial bruising.
1
Criminal Code Act 1995 (Cth), s 11.1(1), s 134.2(1).
Course Profile for: LAWS11045, 2009 Term One - Page 10
The learned sentencing judge stated that he was not prepared to accept assertions made on behalf of Ms
Squire about her medical treatment unless these were supported by other material. Defence counsel
stated that he had nothing other than the notes. He maintained his submission that prior to the present
offences she had become addicted to pethidine but had beaten her addiction and made the following
additional submissions. She committed the present offences and the break and enter of the pharmacy
after separating from her partner and at a time when she was the sole support of her children and living
"hand to mouth", sometimes out of a car. She obtained pethidine from a young woman on a methadone
program whom she had met through her pharmacy work. Her latent pethidine addiction was quickly
reignited. Her use of her own ATM card in the commission of the second count is consistent with her
having a desperate drug addiction at this time. After count 2 was unsuccessful she realised that she
would not receive any further funds from Medicare and again withdrew from pethidine use. She
attended Narcotics Anonymous. In response to a query from the judge, counsel stated that Narcotics
Anonymous did not provide reports and he had nothing from that organisation to support his
submission. When released on parole in late 2006, she was required to have regular urine tests. It had
not been alleged that any drugs had been detected in her urine. She was living with her two children and
participating in a community solutions program to assist her to return to the workforce. She had
received counselling from psychologist Shane Brisson. She has recently been diagnosed with
hypertrophic cardiac myalgia. Again, no reports were tendered in support of these submissions. She
entered an early guilty plea. The present offences were not sophisticated but resulted from her
desperation to obtain drugs. Her drug addiction distinguished Ms Squire's case from others and
supported a sentence in the range of two and a half years imprisonment but with release after serving
four to six months.
In his sentencing remarks, the learned primary judge made the following observations. Offences like
these are particularly serious as they undermine public confidence in Australia's publicly-funded health
system which, although imperfect, is the envy of much of the world. It depends on the honesty of users.
A deterrent sentence had to be imposed. The offences revealed a deal of premeditation and involved
multiple episodes of fraudulent conduct resulting in the obtaining of $45,685.95. The total amount
attempted to be defrauded raised that figure to $50,494.50. The explanation provided for the offending
was highly improbable and unsupported by medical reports, the tendered material or Ms Squire's
criminal history. There had been no restitution and there was no real prospect of it.
Ms Squire is representing herself in the present application. It should be noted that the matter was
originally listed for hearing in November last year but was de-listed at her request. She applies to
adduce evidence to this Court. The only further evidence she has presented is an affidavit from the
solicitor who represented her at her sentence. He swears that two days after the sentence his office
received a letter from Mr O'Regan, the director of Assure Programs Employee Assistance Program. The
letter records that Ms Squire attended counselling there on eight occasions between May and September
2004. Had he had the letter at sentence, he would have asked counsel to tender it.
Ms Squire has presented to this Court clear written and oral submissions in support of her applications.
She submits that the judge erred in not accepting that she was severely drug addicted and desperate at
the time of the offences. She claims that she has medical records (which she has not placed before the
Court in a proper form) which demonstrate that she was addicted to narcotics prior to November 2002.
She also claims (although without any evidentiary support) that her various medical conditions have
deteriorated so significantly since her incarceration that she has been deemed unfit medically to either
work in the prison or to transfer to a low security facility. As a result, she has had to serve her term of
imprisonment in maximum security with associated restrictions and impediments. She emphasises that
she has now been drug-free for almost four years. She submits that these factors, when combined with
her early guilty plea, warrant her release from prison after four to six months.
Course Profile for: LAWS11045, 2009 Term One - Page 11
The material before the primary judge supporting Ms Squire's claimed addiction to prescribed drugs as
the reason for her involvement in the present offences and her subsequent rehabilitation was by no
means compelling. It turned largely on her assertions made through her counsel. She did not give
supporting oral evidence. Counsel did not request an adjournment to obtain further material. The judge
was entitled to reject defence counsel's submissions in this respect. The contention that the judge erred
in not taking Ms Squire's explanation and personal circumstances into account is not made out,
especially in the light of the order for her early release.
This Court does have the power to receive evidence which was not before the sentencing judge if its
admission would mean that some sentence other than that imposed was warranted in law: R v Maniadis.2
The only evidence placed before this Court is that in the affidavit of Ms Squire's former solicitor and the
letter from Mr O'Regan. The letter states only that she participated in confidential counselling on a
number of occasions in 2004. It does not demonstrate that, if it were admitted in evidence before this
Court, some other sentence than that imposed at first instance was warranted in law. The same is
equally true in respect of any evidence of her narcotic use before November 2002, well before the
commission of the present offences. In any case, dysfunction and drug abuse may explain why
Ms Squire committed these offences, but is no significant counterweight to the serious aspects of them
to which I shall shortly refer in more detail. The application to adduce further evidence should be
refused.
It follows that Ms Squire's application for leave to appeal must fail unless she can demonstrate that the
sentence imposed is manifestly excessive in all the circumstances.
Ms Squire was a mature woman with a relevant prior criminal history and some minor subsequent
criminal history. She committed two serious offences involving the defrauding of Medicare, this
country's publicly-funded health system. It is common knowledge that Medicare's administrative costs
are high. Offences like these must greatly add to those costs ultimately shouldered by taxpayers. They
also cause the millions of legitimate claimants to be burdened with more onerous and complicated
procedures before receiving their entitlements. She received over $45,000, none of which has been or is
likely to be repaid. She attempted to obtain a further $5,985. Her fraudulent conduct was sustained and
premeditated. It warranted a significant deterrent penalty: see R v Holdsworth.3 The sentence imposed in
Holdsworth, a much less serious example of Medicare fraud than the present, shows that Ms Squire's
early release on parole after nine months gave compassionate and generous recognition to her guilty
plea, her personal circumstances, family responsibilities and the effect of her imprisonment on her
dependent children. The sentence was not manifestly excessive. The application for leave to appeal
against sentence should be refused.
ORDERS:
1.
Application to adduce evidence refused.
2.
Application for leave to appeal against sentence refused.
MUIR JA: I agree with the reasons of McMurdo P and with her proposed orders.
MACKENZIE J: I agree that the application to adduce further evidence and application for leave to
appeal against sentence should be refused for the reasons given by the President.
2
[1997] 1 Qd R 593.
3
[1993] QCA 242; CA No 94 of 1993, 22 June 1993, Fitzgerald P at 2, Pincus JA and Thomas J at 7.
Course Profile for: LAWS11045, 2009 Term One - Page 12
Part A Questions
Question 1
(1 mark)
In what court was the appellant originally sentenced for the offences?
Question 2
(3 marks)
Give the full names (including title) of the three judges making up the Court of Appeal?
Question 3
(1 mark)
Who represented the applicant in the Court of Appeal.?
Question 4
(2 marks)
What is the citation for this decision? How can you tell from the citation that it involves a criminal law
matter?
Question 5
(1 mark)
Name one other case referred to by the court in the judgment.
Question 6
(2 marks)
What were the reasons why the applicant sought leave to appeal against her sentence?
Question 7
(2 marks)
What did the Court of Appeal decide about the evidence that the applicant wanted to present to the Court
of Appeal?
Question 8
(1 mark)
Did all the judges in the Court of Appeal agree with the orders?
Question 9
(2 marks)
What were some of the reasons put forward by the applicant’s barrister in mitigation of penalty when the
applicant was sentenced.
Question 10
(2 marks)
On the basis of this judgement; comment on the attitude of the courts to welfare fraud including
Medicare fraud?
Question 11
(3 marks)
In the circumstances of this case do you think that the sentence imposed on the applicant for her role in
the offence was appropriate? Give reasons for you answer.
Total Marks Part A – 20 marks.
Course Profile for: LAWS11045, 2009 Term One - Page 13
Part B
In this course we cover a number of areas of law but do not always analyse the law in depth. This part
of the assessment gives you the chance to investigate an area of law that interests you and to
demonstrate your research and analytical skills. It is up to you to choose but do not choose a very broad
topic as you will not be able to answer the questions within the suggested word limits.
You may wish to investigate further an aspect of criminal law, family law or social security law that was
not considered sufficiently in the course materials. It also seems that there are a number of topical areas
of law such as abortion, voluntary euthanasia, same sex marriage, drug laws including the
decriminalisation of certain substances, social security law, domestic violence and aspects of the
criminal law (including stalking, invasion of privacy) and family law, that interest students. These are
some suggestions if you are looking for a topic. There may even be new laws in place that are not yet in
force at the time when this question is being prepared that you may wish to examine.
It is better to consider a small part of the law rather than a broad section. For example rather than
seeking to deal with Family Law you may choose to focus on an aspect of family law such as grounds
for dissolution of marriage or pre-nuptial agreements or maintenance. If you look at criminal law it is
better to look at one specific offence, defence or principle of criminal responsibility rather than criminal
law in general.
Helpful Hints for finding a Topic
Many students find locating an interesting topic for Part B difficult as there is so much to choose from.
Sometimes it is not the best strategy to go to a database such as austlii as you do not know your way
around the law very much at this stage. You may find it more helpful to go to the webpage of the
relevant government department or the web page of lobby groups on the issue. The Webpages of Right
to Life and Children by Choice set out the law on termination of pregnancy very clearly all in the one
place.
Consult some of the web pages listed in the Study Guide for Modules later in the course for useful ideas.
There are some excellent web pages listed in Modules 9 and 10 which may provide some useful ideas.
Once you decide to do a particular topic it is not as difficult as it seems but it is not unusual for students
to spend some time searching.
Objectives of Part B of this assessment
In addition to assessing the generic skills of reading comprehension and effective written
communication this part of the assessment requires skills in research, and analysis and interpretation of
legal material. This assessment item also relates to the learning objectives on Page 1 as follows:
1
(b) (d)
2
(a) (b) (c)
4
(b)
and possibly 3(a) (b) (c) depending on the content area investigated.
Course Profile for: LAWS11045, 2009 Term One - Page 14
Part B Questions
Question 1
(3 marks)
Identify a topic in the law that interests you and outline that issue.
Question 2
(6 marks)
Summarise and explain the law on the topic in no more than 750 words.
Question 3
(2 marks)
State where you located the law on this topic.
(Depending on the topic you could refer to any legislation, websites, court cases if available and
textbooks. You do not have to provide an example of each.)
Question 4
(5 marks)
Suggest the underlying policy for the particular law (no more than 500 words). In other words, why is
the law the way it is and what is it trying to achieve?
Question 5
(4 marks)
Discuss any changes (including a repeal) that you believe need to be made to the law. You need to give
reasons for your views and will be marked on the quality of the argument not on the suggestions that
you make (no more than 500 words).
Total marks Part B – 20 marks
Course Profile for: LAWS11045, 2009 Term One - Page 15
Assessment criteria
Evaluation of this assessment will be criterion referenced. In this assessment criterion referenced
assessment means that students will be awarded marks according to the quality of their responses. The
distribution of marks does not have to fit a normal distribution curve. Theoretically every student can
achieve a grade of High Distinction.
The assessment criteria for the various responses in Part B include:

Quality of written expression

Quality of presentation of ideas (logical and structured)

Evidence of research and investigation

Quality in analysis of information and arguments presented

Appropriate use of referencing and citation where required.
Given the nature of the questions in Part B it is inappropriate to attempt to allocate a specific number of
marks for each of these criteria. All the criteria interact to produce a response of a particular standard.
However, responses which demonstrate higher quality across these areas will be awarded higher marks
than those which do not.
Course Profile for: LAWS11045, 2009 Term One - Page 16
Examination
Due date:
During examination period at the end of term
Weighting:
60%
Length:
Duration 3 hours.
Examination conditions

The examination is open-book. This means a student can bring anything they wish into the exam
EXCEPT an English dictionary (University Policy) and a laptop or anything that could
electronically communicate with the outside world.

You may take a non-electronic, concise, direct translation-only dictionary into the examination
room in accordance with CQU policy. Dictionary must not contain any notes or comments.

Law dictionaries, Business and Law dictionaries and other discipline specific dictionaries are
allowed.

No calculator permitted.
View the University’s policy on examination in the Assessment of Coursework Policy at:
http://policy.cqu.edu.au
View important examination information at:
http://handbook.cqu.edu.au/Handbook/information.jsp?id=126
The examination timetables will be made available later in the term. View the examination timetable at:
http://www.cqu.edu.au/studinfo/admin/timetabling/index.htm
Further information on the examination will be available on your course website during the
term and within your revision lecture.
NOTE: The examination information provided in this Course Profile also relates to Deferred
Exams. No separate advice will be provided in the case of a deferred exam.
Course Profile for: LAWS11045, 2009 Term One - Page 17