First Submission Notification - ACT Board of Senior Secondary Studies

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Board Endorsed December 2010 – updated May 2015
Legal Studies
A/T/M Course
Type 2
Written under the Legal
and
Political Studies Course
Framework 2009
Accredited from 1 January 2011 –
31 December 2015
Extended 2016
1
Board Endorsed December 2010 – updated May 2015
Student Capabilities
All programs of study for the ACT Year 12 Certificate should enable students to become:

creative and critical thinkers

enterprising problem-solvers

skilled and empathetic communicators

informed and ethical decision-makers

environmentally and culturally aware citizens

confident and capable users of technologies

independent and self-managing learners

collaborative team members
and provide students with:

a comprehensive body of specific knowledge, principles and concepts

a basis for self-directed and lifelong learning

personal attributes enabling effective participation in society
The Student Capabilities (Year 11-12), can be mapped to the Essential Learning
Achievements in Every Chance to Learn: the curriculum framework for ACT Schools (P-10).
Student capabilities are supported through course and unit content, and through
pedagogical and assessment practices.
2
Board Endorsed December 2010 – updated May 2015
Course Adoption Form for Accredited Courses
B S S S
AUSTRALIAN CAPITAL TERRITORY
Choose one of the following:
 adoption of units as per course document
 adoption of units with a different combination of units
The college is entered on the National Register to award Certificates delivered by this course.
 Yes  No (Adoption of V courses only)
College:
COURSE TITLE: LEGAL STUDIES
FRAMEWORK: LEGAL AND POLITICAL STUDIES - 2009
DATES OF COURSE ACCREDITATION:
CLASSIFICATION: A
COURSE AREA: 4610
FROM
2011
COURSE CODE:
TO
2016
Identify units to be adopted by ticking the check boxes
UNIT PREFIX
UNIT TITLE
Value
(1.0/0.5)
Length

Human Rights and Family Law
1.0
S


























Consumer Law and Torts
1.0
S
Cyber Crime and Legal Issues of Gen Z
1.0
S
World Order and Current Legal Issues
1.0
S
Crime and Justice
1.0
S
Sources of Australian and Tort Law
1.0
S
Human Rights Law and Current Legal Issues
1.0
S
Family Law and Consumer Law
1.0
S
Australian Law and Sport and the Law
1.0
S
Legal Systems and Torts
1.0
S
Gen Z and Current Legal Issues
1.0
S
Media, Politics and Family Law
1.0
S
Human Rights, Media, Politics & the Law
1.0
S
World Order and Family Law
1.0
S
Consumer Law and Current Legal Issues
1.0
S
Legal Systems and Sources of Law
1.0
S
Media, Politics and Current Issues
1.0
S
Family and Property Law
1.0
S
Legal Systems and Australian Law
1.0
S
World Order and Human Rights
1.0
S
Family Law and Legal Issues
1.0
S
Property and Environmental Law
1.0
S
Media, Sports, Politics and the Law
1.0
S
Torts and Current Legal Issues
1.0
S
Crime and Consumer Law
1.0
S
Introduction to Legal Systems
0.5
Q
Sources of Australian Law
0.5
Q
3
Board Endorsed December 2010 – updated May 2015
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












Torts
0.5
Q
Crime
0.5
Q
Justice
0.5
Q
Human Rights Law
0.5
Q
Family Law
0.5
Q
World Order
0.5
Q
Cyber Crime
0.5
Q
Consumer Law
0.5
Q
Property Law
0.5
Q
Environmental Law
0.5
Q
Sport and Law
0.5
Q
Legal Issues and Gen Z
0.5
Q
Media, Politics, Cyber Crime and the Law
1.0
S
Media, Politics and the Law
0.5
Q
Torts and Family Law
1.0
S
Current Legal Issues
0.5
Q
Tort and Sport Law
1.0
S
World Order and Human Rights Law
1.0
S
Adoption The course and units named above are consistent with the philosophy and goals of the
college and the adopting college has the human and physical resources to implement the course.
Principal:
/ /20
College Board Chair:
/ /20
BSSS OFFICE USE
Entered into database:
/ /20
College specific combination of units.
UNIT PREFIX
UNIT TITLE
Value
(1.0)
Length





4
Board Endorsed December 2010 – updated May 2015
Course Adoption Form for Accredited Courses
B S S S
AUSTRALIAN CAPITAL TERRITORY
Choose one of the following:
 adoption of units as per course document
 adoption of units with a different combination of units
The college is entered on the National Register to award Certificates delivered by this course.
 Yes  No (Adoption of V courses only)
College:
COURSE TITLE: LEGAL STUDIES
FRAMEWORK: LEGAL AND POLITICAL STUDIES - 2009
DATES OF COURSE ACCREDITATION:
CLASSIFICATION: T
COURSE AREA: 4610
FROM
2011
COURSE CODE:
TO
2016
Identify units to be adopted by ticking the check boxes
UNIT PREFIX
UNIT TITLE
Value
(1.0/0.5)
Length

Crime
0.5
Q



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
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







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Justice
0.5
Q
Introduction to Legal Systems
0.5
Q
Sources of Australian Law
0.5
Q
Torts
0.5
Q
Human Rights Law
0.5
Q
Family Law
0.5
Q
World Order
0.5
Q
Cyber Crime
0.5
Q
Consumer Law
0.5
Q
Property Law
0.5
Q
Environmental Law
0.5
Q
Current Legal Issues
0.5
Q
Sport and Law
0.5
Q
Legal Issues and Gen Z
0.5
Q
Media, Politics and the Law
0.5
Q
Australian Law and Sport and the Law
1.0
S
Consumer Law and Current Legal Issues
1.0
S
Consumer Law and Torts
1.0
S
Crime and Justice
1.0
S
Cyber Crime and Legal Issues of Gen Z
1.0
S
Family and Property Law
1.0
S
Family Law and Consumer Law
1.0
S
Family Law and Legal Issues
1.0
S
Gen Z and Current Legal Issues
1.0
S
5
Board Endorsed December 2010 – updated May 2015
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Human Rights and Family Law
1.0
S
Human Rights Law and Current Legal Issues
1.0
S
Human Rights, Media, Politics & the Law
1.0
S
Legal Systems and Australian Law
1.0
S
Legal Systems and Sources of Law
1.0
S
Legal Systems and Torts
1.0
S
Media, Politics and Family Law
1.0
S
Media, Politics, Cyber Crime and the Law
1.0
S
Media, Sports, Politics and the Law
1.0
S
Property and Environmental Law
1.0
S
Sources of Australian and Tort Law
1.0
S
Torts and Sport Law
1.0
S
Torts and Family Law
1.0
S
World Order and Human Rights
1.0
S
World Order and Current Legal Issues
1.0
S
World Order and Family Law
1.0
S
Tort and Current Legal Issues
1.0
S
World Order and Human Rights Law
1.0
S
Adoption The course and units named above are consistent with the philosophy and goals of the
college and the adopting college has the human and physical resources to implement the course.
Principal:
/ /20
College Board Chair:
/ /20
BSSS OFFICE USE
Entered into database:
/ /20
College specific combination of units.
UNIT PREFIX
UNIT TITLE
Value
(1.0)
Length





6
Board Endorsed December 2010 – updated May 2015
Course Adoption Form for Accredited Courses
Choose one of the following:
 adoption of units as per course document
 adoption of units with a different combination of units
B S S S
AUSTRALIAN CAPITAL TERRITORY
The college is entered on the National Register to award Certificates delivered by this course.
 Yes  No (Adoption of V courses only)
College:
COURSE TITLE: LEGAL STUDIES
FRAMEWORK: LEGAL AND POLITICAL STUDIES - 2009
DATES OF COURSE ACCREDITATION:
CLASSIFICATION: M
COURSE AREA: 4610
FROM
2011
COURSE CODE:
TO
2016
Identify units to be adopted by ticking the check boxes
UNIT PREFIX


UNIT TITLE
Value
(1.0/0.5)
Legal Systems and Torts
Length
1.0
S
Adoption The course and units named above are consistent with the philosophy and goals of the
college and the adopting college has the human and physical resources to implement the course.
Principal:
/ /20
College Board Chair:
/ /20
BSSS OFFICE USE
Entered into database:
/ /20
College specific combination of units.
UNIT PREFIX
UNIT TITLE
Value
(1.0)
Length





7
Board Endorsed December 2010 – updated May 2015
Type 2 Course Accreditation/Adoption
Supporting Statement
Provides support for information on the Course
Accreditation/Adoption Form
B S S S
AUSTRALIAN CAPITAL TERRITORY
College:
Course Title: Legal Studies
Written Evaluation for small changes, reasons for Adoption of a
Type 2 course or Addition of units
For V courses indicate the certificate the college will award.
Course Code
8
Board Endorsed December 2010 – updated May 2015
Contents
Contents......................................................................................................................... 9
Course Name ............................................................................................................... 11
Course Classification ................................................................................................... 11
Course Framework ...................................................................................................... 11
Course Developers ...................................................................................................... 11
Evaluation of Previous Course .................................................................................... 11
Course Length and Composition ................................................................................. 12
Implementation Guidelines ........................................................................................ 13
Suggested Implementation Patterns .......................................................................... 14
Subject Rationale......................................................................................................... 14
Goals ............................................................................................................................ 15
Student Group ............................................................................................................. 15
Content ........................................................................................................................ 16
Teaching and Learning Strategies ............................................................................... 16
Student Capabilities .................................................................................................... 17
Assessment .................................................................................................................. 18
Moderation .................................................................................................................. 23
Bibliography................................................................................................................. 24
Human Rights and Family Law
Value 1.0 .............................. 41
Consumer Law and Torts
Value 1.0 .............................. 51
Cyber Crime and Legal Issues of Gen Z
Value 1.0 .............................. 57
World Order and Current Legal Issues
Value 1.0 .............................. 65
Crime and Justice
Value 1.0 .............................. 77
Sources of Australian and Tort Law
Value 1.0 .............................. 82
Human Rights Law and Current Legal Issues
Value 1.0 .............................. 86
Family Law and Consumer Law
Value 1.0 .............................. 96
Australian Law and Sport and the Law
Value 1.0 ............................ 102
Legal Systems and Torts
Value 1.0 ............................ 107
Gen Z and Current Legal Issues
Value 1.0 ............................. 112
Media, Politics and Family Law
Value 1.0 ............................ 117
Human Rights, Media, Politics & the Law
Value 1.0 ............................ 126
World Order and Family Law
Value 1.0 ............................ 140
Consumer Law and Current Legal Issues
Value 1.0 ............................ 153
Legal Systems and Sources of Law
Value 1.0 ............................ 158
Media, Politics and Current Issues
Value 1.0 ............................ 162
Family and Property Law
Value 1.0 ............................ 170
Legal Systems and Australian Law
Value 1.0 ............................ 176
World Order and Human Rights
Value 1.0 ............................ 180
Consumer Law and Current Legal Issues
Value 1.0 ............................ 196
Family Law and Legal Issues
Value 1.0 ............................ 202
Property and Environmental Law
Value 1.0 ............................ 208
Media, Sports, Politics and the Law
Value 1.0 ............................ 214
Torts and Current Legal Issues
Value 1.0 ............................ 223
Crime and Consumer Law
Value 1.0 ............................ 228
Introduction to Legal Systems
Value 0.5 ............................ 234
Sources of Australian Law
Value 0.5 ............................ 237
9
Board Endorsed December 2010 – updated May 2015
Torts
Value 0.5 ............................ 240
Crime
Value 0.5............................. 244
Justice
Value 0.5 ............................ 249
Human Rights Law
Value 0.5 ............................ 253
Family Law
Value 0.5 ............................ 261
World Order
Value 0.5 ............................ 266
Cyber Crime
Value 0.5 ............................ 276
Consumer Law
Value 0.5 ............................ 282
Property Law
Value 0.5 ............................ 286
Environmental Law
Value 0.5 ............................ 290
Sport and Law
Value 0.5 ............................ 294
Legal Issues and Gen Z
Value 0.5 ............................ 298
Media, Politics, Cyber Crime and the Law
Value 1.0 ............................ 302
Media, Politics and the Law
Value 0.5 ............................ 312
Torts and Family Law
Value 1.0............................. 319
Torts and Current Legal Issues
Value 1.0 ............................ 326
Current Legal Issues
Value 0.5 ............................ 331
Current Legal Issues
Value 0.5 ............................ 335
Legal Systems and Torts M
Value: 1.0 ............................ 339
Appendix B................................................................................................................. 344
10
Board Endorsed December 2010 – updated May 2015
Course Name
Legal Studies
Course Classification
A/T/M
Course Framework
This course is presented under the Legal and Political Studies 2009 Course Framework.
Course Developers
Name
Gary Pumpa
Michael Batten
Leica Burt
John Daniels
Tara Dunstall
Di Hatfield
Jann Lennard
Helena Brooker
Nick Avery
Stephanie Akers-Barnes
College
Erindale College
MacKillop Catholic College
Dickson College
The Canberra College
Canberra Girls’ Grammar School
Daramalan College
Radford College
Melrose High
Narrabundah College
St Clare’s College
This group gratefully acknowledges the work of previous developers.
Evaluation of Previous Course
This Legal Studies Course makes a number of changes, which make it consistent with the
new Legal and Political Studies Course Framework. This course reflects the same assessment
structure as the framework.
The previous course contained appropriate content at the time of writing. Changes have
been made to reflect the needs of students and teachers. Each unit has bolded headings
which are regarded as essential components. Un-bolded headings may be selected or
adapted as required.
Teachers and students also indicated a need to develop some new units, dealing with
present issues. New units have been written to accommodate this need: Sport and the Law,
Legal Issues and Gen Z and Media, Politics and the Law.
11
Board Endorsed December 2010 – updated May 2015
Completion of Legal Studies courses across colleges
Year
Minor
2008
2007
2006
2005
98
13
14
11
2008
2007
2006
2005
109
93
81
98
Major
A course
132
1
2
5
T course
159
148
157
132
Major Minor
Double Major
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Course Length and Composition
Unit Title
Introduction to Legal Systems
Sources of Australian Law
Torts
Crime
Justice
Human Rights Law
Family Law
World Order
Cyber Crime
Consumer Law
Property Law
Environmental Law
Current Legal Issues
Sport and Law
Legal Issues and Gen Z
Media, Politics and the Law
Unit Value
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
0.5
12
Board Endorsed December 2010 – updated May 2015
Available course patterns
In adopting this course, colleges need to indicate the course patterns relevant to their
delivery hours.
Course
Number of standard units to meet course requirements
Minor
Minimum of 2 units
Major
Minimum of 3.5 units
Major Minor
Minimum of 5.5 units
Double Major
Minimum of 7 units
Implementation Guidelines
Compulsory units
There are no compulsory units in this course. All units are 0.5 units to allow colleges to mix
and match what is appropriate for their context. However, it is recommended that Crime
and Justice is studied as one unit. Colleges are encouraged to deliver one if not both
Introduction to Legal Systems 0.5 and Sources of Australian Law 0.5 units in first semester.
Prerequisites for the course or units within the course
If colleges choose the unit Current Legal Issues, it is highly recommended that it be the last
unit of study.
Colleges adopting Media, Politics and the Law 0.5 unit must be aware that there is some
content overlap between Human Rights Law 0.5, World Order 0.5 and Media, Politics and
the Law 0.5. Overlapping content should not be covered in detail if already studied in
another unit.
Arrangements for students who are continuing to study a course in this subject
Students who studied the previous Legal Studies Type 2 course in Year 11 may undertake
any of the units offered in the new course while in Year 12, provided there is no duplication
of content.
Units from other courses
Not applicable.
Negotiated Units
Current Legal Issues (if delivered as a research unit).
Relationship with other courses
Not applicable.
Relationship with courses at other colleges/special institutions
Not applicable.
13
Board Endorsed December 2010 – updated May 2015
Suggested Implementation Patterns
Implementation Pattern
In the first year of study of the Legal Studies
Course it is recommended that the following
units be selected.
Units Involved
Select both or one Introduction to Legal
Systems (0.5) and/or Sources of Australian
Law (0.5)
Crime (0.5) and Justice
In the second year of study:
Family Law (Value 0.5)
World Order (Value 0.5)
Cyber Crime (Value 0.5)
Consumer Law (Value 0.5)
Property Law (Value 0.5)
Sport and the Law (Value 0.5)
Media, Politics and the Law (Value 0.5)
Legal Issues for Gen Z (Value 0.5)
Environmental Law (Value 0.5)
Human Rights Law (Value 0.5)
Current Legal Issues (Value 0.5)
The implementation pattern outlined ensures that all students undertaking an A or T minor
course will achieve the goals of the course. All units are 0.5 to allow colleges to mix and
match what is appropriate for their context. However, it is recommended that Crime and
Justice is studied as one unit.
Subject Rationale
Legal studies is aimed at producing ‘active and informed citizens who are committed to
national values of democracy, equity and justice and fully in civic life’ 1 It will assist students
to develop their knowledge, attitudes and values through critical thinking , analysis and
practical skills. Students are encouraged to understand the impact of Legal systems in their
own lives. This will allow students to consider the law in its social and political context.
Legal studies will enable students to develop an understanding and appreciation of [a variety
of] systems of government and civic life. 2 This will enhance their development as
responsible global and local citizens.
1
2
Melbourne Declaration on Educational Goals for Young Australians
Melbourne Declaration on Educational Goals for Young Australians
14
Board Endorsed December 2010 – updated May 2015
Goals
This course should enable students to:

know the basic structure, operation and function of the Australian Legal systems

use Legal terminology appropriately and in context

appreciate the importance of Aboriginal and Torres Strait Islander cultures and
customary laws

appreciate and understand the influence of individual cultures and societies on legal,
political and social systems

understand legal/political rights and responsibilities

appreciate the need to balance competing rights and responsibilities

use logic and analysis to appreciate and construct legal/political arguments and/or
principles

use rational and objective methods as well as qualitative and empathic judgements
when examining social, political and legal issues

use information skills (define, locate, select, organise, present, evaluate) to
demonstrate independent research, including solving problems of evidence, whilst
acknowledging sources

become active and informed citizens with an understanding and appreciation of a
variety of systems of government and civics
Student Group
The course should cater for students with no previous background in Legal Studies.
The course is offered at both A and T level and caters for students who have an interest in
developing their understanding of Legal Studies and its relevance to a diverse group of
students including:
 those seeking tertiary entry by providing opportunities for achieving academic
excellence through independent research;
 those seeking vocational education and improved employment opportunities;
 those choosing to study the subject out of personal interest, and/or because of its
relevance to their lives.
With all groups, the Legal Studies course aims to draw upon the diverse life experiences of
students while developing a variety of analytical and communication skills.
15
Board Endorsed December 2010 – updated May 2015
Content

Institutions, organizations, participants

International and national systems

Contemporary political and social issues

Historical and philosophical basis

Substantive law

Procedural law
Essential concepts

judgement and ethics

power structures

continuity and change

causation and resolution

voices and omissions

social relationships and structures
Essential skills

application of legal/political principles

critical analysis

deconstruct text

information and research

communication – oral and written

use of logic to construct a reasoned argument
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal Studies include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
16
Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Student Capabilities
Creative and Critical Thinkers
Students of Legal Studies will be able to develop their creativity and critical thinking skills in
the classroom through a range of different learning styles. Application of legal principles to
case studies will also extend their critical thinking. All assessment tasks have an analytical
component embedded into their response.
Enterprising Problem-solvers
Students will apply legal principles to real life case scenarios and look to the law for
solutions.
Skilled and Empathetic Communicators
Students will develop their legal written and oral skills to enhance their ability to
communicate in a fluent and responsive manner. The law is designed to enhance
relationships between individuals and groups, as such empathy is required.
Informed and Ethical Decision-makers
Students in Legal Studies will develop an informed awareness of the ethical principles
underlying the decisions that confront legal institutions.
Environmentally and Culturally Aware Citizens
In the units offered to students, they will be encouraged to address the concepts of
ecological sustainability, cultural awareness and differing social values which impact on
society.
17
Board Endorsed December 2010 – updated May 2015
Confident and Capable Users of Technologies
Students will be encouraged to integrate into their learning strategies a range of ICT
practices and refine internet research skills to enhance the learning process.
Independent and Self-managing Learners
Students are encouraged to be self-managed learners through the use of ICT independent
research units. Teacher guidance and support will be given when required.
Collaborative Team Members
Students are encouraged to develop a collaborative approach to classroom management, in
terms of class tasks, group interactions, collecting research material and primary data
analysis.
Assessment
Assessment Tasks Types
Task Types
Examples
Test
Unit Test
Topic Test
Document Study
Written
Research Assignment
Argumentative
Comparative essay.
T: 1000 – 1300 words
A: 600 – 800 words
(at home)
In Class task/essay
T: 600 – 800 words
A: 400 – 600 words
(in class)
Weighting in
A/T courses
1.0, 0.5 units
Weighting in
A/T Research
Unit 0.5
30 – 60%
20 – 60%
40 – 60%
T: 1500 – 2000 words
A: 800 – 1200 words
Open Response
Mock Trial
Oral
Moot
Dispute Resolution
Presentation
Debates
Seminar
Monologue
Dialogue
Interview
Models
Websites
Creative response to
stimulus
20 – 40%*
40 – 60%
* Students must complete one open response for a minor and two open responses for a
major.
18
Board Endorsed December 2010 – updated May 2015

The Board recommends 3-5 assessment items per standard unit (1.0) and 2-3
assessment items per half standard unit (0.5).

In a unit (1.0 or 0.5) at least two different task types must be used, maintaining the
weightings above, and one must be completed in-class. See appendix B for possible
assessment task patterns

Orals recommendation – a minimum of 8 minutes per person T course, 5 minutes
per person A course, excluding stimulus material

When year 11 and year 12 students are in the same unit there is a need to
differentiate between experience and skill levels in communication, research and
analysis for the differing cohorts
Additional Assessment Advice
Tests should consider analysis, deep knowledge and recall of relevant terms and principles
using a range of style of questions. It is envisaged that where two tests are in a standard
unit, 1.0, they would both be approximately 60 minutes. If there was only one test at the
end of semester, in a standard unit, it would be approximately 90 minutes.
Assessment Criteria
Students will be assessed on the degree to which they demonstrate:

Knowledge and application of legal/political principles

Critical analysis

Research and information skills

Communication – oral or written
Assessment Tasks Types M
M unit after Modification
Task Types
Examples
Test
Unit Test
Topic Test
Document Study
Written
Research Assignment
A: 300 – 500 words
(at home)
Open Response
Oral
Dispute Resolution
Presentation
Seminar
Interview
In Class task/essay
Weighting in A
courses 1.0, 0.5
units
30 – 60%
A: 300 – 500 words
(in class)
20 – 60%
20 – 40%*
* Students must complete one open response for a minor and two open responses for a
major.
19
Board Endorsed December 2010 – updated May 2015
Unit Grade Descriptors for Legal/Political T Courses
CRITERIA
Knowledge and
application of legal or
political principles
Critical analysis
Research and
information skills
(Define
Locate
Select
A student who achieves an A
typically
A student who achieves a B
typically
A student who achieves a C
typically
A student who achieves a D
typically
• demonstrates comprehensive
understanding and highly effective
use, of terms, concepts and
principles in context
• demonstrates substantial
understanding, and effective use of
terms, concepts and principles in
context
• demonstrates satisfactory
understanding, and makes use of
terms, concepts and principles in
context
• demonstrates refined cultural
awareness as it relates to
legal/political systems
• demonstrates cultural awareness as
it relates to legal/political systems
• demonstrates some cultural
awareness as it relates to
legal/political systems
• argues a strong case based on
critical analysis utilising a balanced
argument addressing key themes
and perspectives, including logic and
empathy
• argues a valid case based on the
analysis of different themes and
perspectives, including logic and
empathy
• argues a valid case based on a
simple analysis of themes or
perspectives, including logic or
empathy
• argues a case that describes,
sympathises with or imitates relevant
but received points of view
• repeats received points of
view.
• clearly defines the boundary of
enquiry
• clearly defines the topic
• broadly defines the topic
• responds to the topic
• locates relevant sources to make
informed selections with awareness
of bias and perspective
• locates relevant sources to make
selections with some awareness of
bias and perspective
locates sources and make selections
• little attempt to respond to the
topic
• demonstrates a high degree of
organisation of the material for the
argument
• demonstrates organisation of the
material for the argument
• communicates accurately and
fluently with purposeful expression
• locates highly relevant sources to
make informed selections with
sensitivity to bias and perspective
• demonstrates a high degree of
organisation of the material for the
argument
• demonstrates basic understanding,
and makes limited use of terms,
concepts and principles in context
A student who achieves an E
typically
• demonstrates limited cultural
awareness as it relates to
legal/political systems
• demonstrates little
understanding, and makes minimal
use of terms, concepts and
principles in context.
• organisation is limited to response
to obvious features or differences in
sources
• relies on a single source
• communicates with generally
accurate and purposeful expression
• communicates with partial use of
the technical aspects of language
• communicates with little
control of technical aspects.
• achieves effective organisation of
ideas, showing skilful grasp of
structure for the text type (essay,
report, narrative)
• achieves organisation of ideas with
a sense of appropriate structure for
the text type (essay, report,
narrative)
• achieves partial organisation of
ideas with some sense of appropriate
structure for the text type ( essay,
report, narrative)
• achieves minimal organisation
or structure for the text type
(essay, report, narrative).
• generally sources and references
material accurately
• sources and references some
material
• has minimal sources or references
• communicates with a sure sense of
audience
• communicates with a sense of
audience
• achieves partial organisation or
structure
Organise)
Communication – oral or
written
• communicates concisely with
technical accuracy, clarity, vitality
and maturity of expression
• demonstrates high levels of
organisation of ideas and exemplary
application of structure for the text
type ( essay, report, narrative)
• sources and references material
accurately
• communicates with confidence
and a sure sense of audience
• little or no sources or
references
• communicates with a limited sense
of audience
20
Board Endorsed December 2010 – updated May 2015
Unit Grade Descriptors for Legal/Political A Courses
CRITERIA
Knowledge and
application of
legal/ political
principles
A student who achieves an A
typically
A student who achieves a B
typically
A student who achieves a C
typically
•demonstrates sound
understanding, and makes use of
terms, concepts and principles in
context.
•demonstrates understanding,
and makes use of terms, concepts
and principles in context
•demonstrates basic
understanding, and make limited
use of terms, concepts and
principles in context..
•demonstrates sound cultural
awareness as it relates to
legal/political systems
Critical analysis
•demonstrates cultural
awareness as it relates to
legal/political systems
A student who achieves a D
typically
A student who achieves an E
typically
•demonstrate minimal
understanding and use of terms,
concepts and principles
•demonstrate little or no
understanding of concepts
and principles
•demonstrates some cultural
awareness as it relates to
legal/political systems
•argues a strong case based on
an analysis of themes or
perspectives, including logic or
empathy
•argues a valid case based on a
simple analysis of themes or
perspectives, including logic or
empathy
•argues a case that describes,
sympathises with or imitates
relevant but received points of
view.,
•repeats received points of view
•puts a personal point of view
•specifically defines the topic
•broadly defines the topic
•responds to the topic
•locates relevant sources to make
selections with some awareness
of bias and perspective
•locates sources and make
selections
•puts a personal point of view
with little if any support from
other sources
(Define
•locates relevant sources to make
selections with awareness of bias
and perspective
•little attempt to respond to the
topic
Locate
•demonstrates good organisation
of the material for the argument
•demonstrates organisation of
the material for the argument
•communicates with accurate
and purposeful expression
•communicates with generally
accurate expression
•achieves organisation of ideas
with a sense of appropriate
structure.
•achieves organisation of ideas
with a sense of appropriate
structure.
• generally sources and
references material accurately
•sources and references material
Research and
information skills
•relies on a single source
•organisation is limited to
response to obvious features or
differences in sources
•achieves partial organisation or
structure
•communicates with partial use
of the technical aspects of
language.
•communicates with little control
of technical aspects.
•communicates with little
control of technical aspects
•achieves little organisation of
ideas
•demonstrates disjointed
ideas
Select
Organise)
Communication –
oral or written
•communicates with a sense of
audience.
•communicates with some sense
of audience.
•achieves partial organisation of
ideas
•sources and references some
material
•uses minimal sources or
references
•communicates with a limited
sense of audience
21
Board Endorsed December 2010 – updated May 2015
Unit Grade Descriptors for M courses
Grade
Descriptor
A student who
achieves the grade
A typically
 demonstrates high level of ability in the modified assessment
criteria
 achieves all of the assessable goals of the unit
 shows a consistent ability to transfer knowledge and apply
skills in familiar and unfamiliar situations
A student who
achieves the grade
B typically
 demonstrates sound ability in the modified assessment criteria
 achieves most of the assessable goals of the unit
 shows an ability to transfer knowledge and apply skills in
familiar situations
A student who
achieves the grade
C typically
 demonstrates satisfactory ability in the modified assessment
criteria
 achieves some of the assessable goals of the unit
 shows an awareness of the need to transfer knowledge and
skills
A student who
achieves the grade
D typically
 demonstrates limited ability in the modified assessment criteria
 achieves few of the assessable goals of the unit
 shows limited awareness of the need to transfer knowledge and
skills
A student who
achieves the grade
E typically
 has met the minimum requirements for attendance and
assessment.
22
Board Endorsed December 2010 – updated May 2015
Moderation
Moderation is a system designed and implemented to:

provide comparability in the system of school-based assessment

form the basis for valid and reliable assessment in senior secondary schools

involve the ACT Board of Senior Secondary Studies and colleges in cooperation and
partnership

maintain the quality of school-based assessment and the credibility, validity and
acceptability of Board certificates
Moderation commences within individual colleges. Teachers develop assessment programs
and instruments, apply assessment criteria, and allocate Unit Grades, according to the
relevant Course Framework. Teachers within course teaching groups conduct consensus
discussions to moderate marking or grading of individual assessment instruments and unit
grade decisions.
The Moderation Model
Moderation within the ACT encompasses structured, consensus-based peer review of Unit
Grades for all accredited courses, as well as statistical moderation of course scores, including
small group procedures, for T courses.
Moderation by Structured, Consensus-based Peer Review
Review is a subcategory of moderation, comprising the review of standards and the
validation of Unit Grades. In the review process, Unit Grades, determined for Year 11 and
Year 12 student assessment portfolios that have been assessed in schools by teachers under
accredited courses, are moderated by peer review against system wide criteria and
standards. This is done by matching student performance with the criteria and standards
outlined in the unit grade descriptors as stated in the Course Framework. Advice is then
given to colleges to assist teachers with, and/or reassure them on, their judgments.
Preparation for Structured, Consensus-based Peer Review
Each year, teachers teaching a Year 11 class are asked to retain originals or copies of student
work completed in Semester 2. Similarly, teachers teaching a Year 12 class should retain
originals or copies of student work completed in Semester 1. Colleges not on a semester
structure will negotiate with BSSS on work required. Assessment and other documentation
required by the Office of the BSSS should also be kept. Year 11 work from Semester 2 of the
previous year is presented for review at Moderation Day 1 in March, and Year 12 work from
Semester 1 is presented for review at Moderation Day 2 in August.
In the lead up to Moderation Day, a College Course Presentation (comprised of a document
folder and a set of student portfolios) is prepared for each A and T course offered by the
school, and is sent in to the Office of the BSSS.
23
Board Endorsed December 2010 – updated May 2015
The College Course Presentation
The package of materials (College Course Presentation) presented by a college for review on
moderation days in each course area will comprise the following:

a folder containing supporting documentation as requested by the Office of the
Board through memoranda to colleges

a set of student portfolios containing marked and/or graded written and non-written
assessment responses and completed criteria and standards feedback forms.
Evidence of all assessment responses on which the unit grade decision has been
made is to be included in the student review portfolios. Specific requirements for
subject areas and types of evidence to be presented for each moderation day will be
outlined by the Office of the BSSS through memoranda and Information Papers
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30
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Web sites
ACT Corrective Services, (on line)
<www.cs.act.gov.au>
ACT Human Rights Commission, (on line)
ACT Legislative Assembly, (on line)
Aljazeera, Doha, Qatar(on line)
<http://www.hrc.act.gov.au/>
<http://www.legassembly.act.gov.au/>
<http://english.aljazeera.net/>
Amnesty International Australia (on line)
<http://www.amnesty.org.au/>
Amnesty International (on line)
<http://www.amnesty.org/>
Anti-Discrimination Commission Queensland (on line) <http://www.adcq.qld.gov.au>
Australian Conservation Foundation, (on line)
<http://www.acfonline.org.au>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Government, (on line)
<http://australia.gov.au/>
Australian Human Rights Centre, (on line)
<http://www.ahrcentre.org/>
Australian Human Rights Commission (on line)
<www.hreoc.gov.au>
Australian Legal Information Institute, (on line)
<http://www.austlii.edu.au>
Australian Network of Environmental Defenders Office Ltd, (on line)
<http://www.edo.org.au>
Child Support Agency, (on line)
<http://www.csa.gov.au/>
County Court of Victoria, (on line)
<www.countycourt.vic.gov.au>
Crimes of War Project, (on line)
<http://www.crimesofwar.org/>
‘Death at Blue Hills’, Victoria Law Foundation, (on line) 2007
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/88>
Department of Environment, Climate Change and Water (NSW), (on line)
<http://www.environment.nsw.gov.au/>
Domestic Violence Advocacy Service, Women’s Legal Service (on line) 2010
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service, (on line)
<http://www.dvcs.org.au/>
‘Education’, 2010, Australian Screen (National Film and Sound Archives), (on line)
<http://aso.gov.au/education/>
Environment Australia, (on line)
<http://www.erin.gov.au>
Equal Opportunity Commission South Australia (on line)
<http://www.eoc.sa.gov.au>
‘Family Law’, Australian Government, (on line),
and-justice/family-law>
<http://australia.gov.au/topics/law-
31
Board Endorsed December 2010 – updated May 2015
Family Law Courts (on line)
<http://www.familylawcourts.gov.au>
Family Relationship Centres (on line)
<www.familyrelationships.gov.au/frc>
‘Federal Discrimination Law’, Australian Human Rights Commission, (on line)
<http://www.hreoc.gov.au/legal/FDL/index.html>
‘Global Developments in Inflation’, Reserve Bank of Australia, (on line)
<http://www.rba.gov.au/publications/smp/boxes/2010/feb/a.pdf>
Greenpeace International (on line)
<http://www.greenpeace.org>
‘Human Rights’, ABC, (on line)
<http://www.abc.net.au/civics/rights/default.htm>
‘Human Rights Act’, Australian Human Rights Group(on line)
<http://www.humanrightsact.com.au>
‘Human Rights’, Commonwealth Department of Foreign Affairs and Trade, (on line)
<http://www.dfat.gov.au/hr/>
‘Interest Rate Decisions – 2010’, Reserve Bank of Australia (on line)
<http://www.rba.gov.au/monetary-policy/int-rate-decisions/index.html>
International Commission of Jurists (on line)
<http://www.icj.org/>
International Labour Organisation (on line)
<http://www.ilo.org/>
International Peace Bureau (on line)
<http://www.ipb.org/>
Interpol (on line)
<http://www.interpol.int/>
Interpol – Drug Trafficking (on line),,
<http://www.interpol.int/Public/ICPO/FactSheets/DCO01.pdf>
Interpol – Environmental Crime (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST03.pdf>
Interpol - Firearms, (on line) <http://www.interpol.int/Public/ICPO/FactSheets/PST04.pdf>
Interpol – Intellectual Property Crime (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT01.pdf>
Interpol – Maritime Piracy (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO03.pdf>
Interpol - Terrorism (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST01.pdf>
32
Board Endorsed December 2010 – updated May 2015
Interpol – Trafficking in Human Beings (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/THB02.pdf>
Law for You (on line)
<http://www.lawforyou.com.au/>
National Association of Forest Industries (on line)
<http://www.nafi.com.au/site/>
‘National Drug Strategy: Aboriginal and Torres Strait Islander Peoples Complementary Action
Plan 2003–2009’, National Drug Strategy (on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/54
5C92F95DF8C76ACA257162000DA780/$File/indigenous-action.pdf>
‘National Drug Strategy: Australia’s integrated framework 2002-2009’, National Drug
Strategy (on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/5E
AED77A78166EB5CA2575B4001353A4/$File/framework0409.pdf>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
‘Organized crime in Australia’, Australian Crime Commission (on line)
<http://www.crimecommission.gov.au/publications/oca/_files/2009/2009_oca_complete.p
df>
Oxfam - Community Aid Abroad Nike campaign watch (on line)
<http://www.oxfam.org.au/campaigns/nike/>
‘Outcomes of the 28th International Conference of the Red Cross and Red Crescent’,
International Federation of Red Cross and Red Crescent Societies (on line)
<http://www.ifrc.org/docs/pubs/disasters/factsheet10eng.pdf>
‘People smuggling’, Interpol (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/THB01.pdf>
‘Price and Wage Developments: Recent developments in inflation’, Reserve Bank of Australia
(on line)
<http://www.rba.gov.au/publications/smp/2010/feb/html/price-wage-dev.html>
‘Publications’, Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications>
‘Refugee Protection and Human Trafficking: Selected Legal Reference Materials, First
Edition’, The UN Refugee Agency (UNHCR) (on line)
<http://www.unhcr.org/4986fd6b2.html>
Reserve Bank of Australia – About Monetary Policy (on line)
<http://www.rba.gov.au/monetary-policy/about.html>
Reserve Bank of Australia – Cash Rate Target (on line)
<http://www.rba.gov.au/statistics/cash-rate.html>
33
Board Endorsed December 2010 – updated May 2015
Sentencing Advisory Council (on line)
<www.sentencingcouncil.vic.gov.au>United Nations Charter
<http://www.un.org/en/documents/charter/>
Supreme Court of the ACT, (on line)
<http://www.courts.act.gov.au/supreme/>UN Refugee Agency (UNHCR)
<http://www.unhcr.org/>
‘States Parties to the 1951 Convention and its 1967 Protocol’, The UN Refugee Agency
(UNHCR) (on line)
<http://www.unhcr.org/3b73b0d63.html>
‘The 1951 Refugee Convention – Questions & Answers, 2007 edition’, The UN Refugee
Agency (UNHCR) (on line)
<http://www.unhcr.org/3c0f495f4.html>
‘The Geneva Conventions of 1949’, International Committee of the Red Cross (on line)
<http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions>
United Nations (on line)
<http://www.un.org/en/index.shtml>
UN Refugee Agency (UNHCR) (on line)
<http://www.unhcr.org/>
UN Refugee Agency (UNHCR) - ‘Convention and Protocol Relating to the Status of Refugees’
(on line)
<http://www.unhcr.org/3b66c2aa10.html>
Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/>
‘Visiting a Park’, National Parks and Wildlife Service (NSW) (on line)
<http://www.environment.nsw.gov.au/nationalparks/>
‘We the Jury: Teacher Notes’, Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/93>
‘When bad things happen to your good name’, Australian Crime Commission (on line)
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_commu
nity_your_good_name.pdf>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
‘We the Jury Teacher Notes’Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/93
Wilderness Society (on line)
<http://www.wilderness.org.au>
34
Board Endorsed December 2010 – updated May 2015
Journal Articles
Bejean, Sophie et al. 2005, ‘Modeling the economic burden of diseases imputable to stress
at work’, The European Journal of Health Economics, vol 6, no. 1, March, pp.16-23.
Chesterman, M 2005, ‘Criminal trial juries and media reporting’, Infocus, no. 2418, State
Library of N.S.W., Sydney.
Fisk, Lucy 2006, ‘Politics of exclusion, practice of inclusion: Australia’s response to refugees
and the case for community based human rights’, The International Journal of Human Rights,
vol 10, no. 3, September, pp 219-229.
Fleay, Caroline 2008, ‘Engaging in human rights diplomacy: the Australia-China bilateral
dialogue approach’, The International Journal of Human Rights, vol 12, issue 2, pp. 233-252.
Hadany, Lilach et al. 2006, ‘Why is stress so deadly: an evolutionary perspective’,
Proceedings: Biological Sciences, vol 273, no. 1588, pp. 881-885.
Hirofumi, Shimizu et al. 2002, ‘Peacekeeping and burden sharing’. Journal of Peace Research,
vol 39, no. 6, November, pp. 651-668.
Hughes, Lesley et al. 1996, ‘Climatic range sizes of Eucalyptus species in relation to future
climate change’, Global Ecology and Biogeography Letters, vol 5, no. 1, pp. 23-29.
Irving, Dr. H 2005, ‘Changing law by parliament’, Legaldate.
Keim, Stephan 2007, ‘Reflections upon the trial of Dr Haneef’, Precedent.
Liesch, Peter W et al. 1999, ‘Australian perceptions and experiences of international counter
trade with some international comparisons’, European Journal of Marketing, vol 43, vo. 5/6,
pp. 488-493.
McKinnon, K 2004, “Courts, juries and the media”, Australian Press Council News.
Michaelsen, Christopher n.d., ‘Derogating from international human rights, obligations in the
war against terrorism? A British – Australia perspective’, Terrorism and Political Violence, vol
17, no. 1.
Montgomery, Cameron et al. 2005, ‘A meta-analysis for exploring the diverse causes and
effects of stress in teachers’, Canadian Journal of Education, vol 28, no. 3, pp. 458-486.
Mowbray, J et al. 2009, “It's a jungle out there: the legal implications of Underbelly”,
Communications Law Bulletin.
Palmer, David 2009, ‘The quest for wriggle room: Australia and the Refugee Convention,
1953’, Australian Journal of International Affairs, vol 63, issue 2, June, pp. 290-308.
Perrings, Charles 2003, ‘The economics of abrupt climate change’, Philosophical
Transactions: mathematical, physical and engineering sciences, vol 361, no. 1810, pp. 20432059.
Pugliese, Joseph 2004, ‘The incommensurability of law to justice: refugees and Australia’s
temporary protection visa’, Law and Literature, vol 16, no. 3, Autumn, pp. 285-311.
35
Board Endorsed December 2010 – updated May 2015
Schweitzer, Robert et al. 2005, ‘Attitudes towards refugees: the dark side of prejudice in
Australia’, Australian Journal of Psychology, vol 57, issue 3, December, pp. 170-179.
Unknown author, 2010, ‘Secrecy Laws and Open Government in Australia’, Australian Law
Reform Commission, Report 112.
Urbas, G et al. 2005, ‘The attributes of a fair trial in Australian law’, Infocus, no. 2421, State
Library of N.S.W., Sydney.
Williams, Stephen E et al. 2003, ‘Climate change in Australian tropical rainforests: an
impending environmental catastrophe’, Proceedings: biological sciences, vol 270, no. 1527,
September, pp. 1887-1892.
Audio Visual
12 Angry Men, video.
Academic Assessment Items Legal Studies Series 1 to 4 Questions and Suggested
Addicted to Money: 1. Who killed the economy, 2. No where to hide, 3. Peak everything,
2009, ABC, Sydney.
Alternative Dispute Resolution, VC Media.
An introduction to the Law of Contract, 1993, Video Education Australia, Bendigo.
Attitude: Juvenile Justice, ABC Television.
Australian Story (Series), ABC TV.
Australia's anti-terror laws, 2007, ABC, Sydney.
Chief Justice, VC Media Pty Ltd, Melbourne.
Consumer Affairs, 1994, Marcom Projects, Loganholme.
Crash, 2005, DVD.
Crime, Justice and the Law, VC Media Pty Ltd, Melbourne.
Divorce and Family Law, Queensland Law Society.
Erin Brockovich, video.
Fahrenheit 9/11, 2004, video, examines the politicisation of wars.
Family Court, 1993, Marcom Projects, Loganholme.
Four Corners – A Clear and Present Danger. (Series), ABC TV, 2001
Four Corners – Fear in the Fast Lane, (Series) ABC TV, 2009
Four Corners – Your Money and Your Life, (Series) ABC TV, 2005
Four Corners (Series), ABC TV.
From Wave Hill to Wik and Beyond: The struggle for native title, 1999, Video Education
Australasia, Bendigo.
Hotel Rwanda, 2004, DVD.
HSC Course Third Edition (textbook comes with CD), Heinemann Legal Studies,
In detention - locking up asylum seekers, 2004, Video Education Australasia, Bendigo.
In the Name of the Father, video.
36
Board Endorsed December 2010 – updated May 2015
Moore, Michael 2004, Fahrenheit 9/11, IMBPro, London.
Out of Sight, Out of Mind, ABC Television.
Q & A: Money and trees - the green stuff, 2008, ABC, Sydney.
Reality Bites (Series), ABC TV.
Sentencing: The Attainment of Justice, video.
Solutions, CD, http://www.academicai.com.au, [email protected]
Sunday (Series), Nine Network.
The ascent of money: Dreams of Avarice (Part 1), Human Bondage (Part 2), Risky Business
(Part 4), Safe as Houses (Part 5), Chimerica (Part 6), 2009, ABC, Sydney, (Part 1: ABC1,
47mins, 28 May 2009), (Part 2: ABC1, 47mins, 4 June 2009), (Part 4: ABC1, 47mins, 18 June
2009) (Part 5: ABC1, 47mins, 25 June 2009), (Part 6: ABC1, 47mins, 2 July 2009).
The Changing Law, 1995, Video Education Australia, Bendigo.
The Corporation, DVD (with study guide).
The Fog of War, 2004, video, examines “eleven lessons of war”.
The High Court: A Law Unto Itself, 1994, Video Education Australia, Bendigo.
The Justice System on Trial, 1998, Video Education Australasia, Bendigo.
The Kingdom, 2007, DVD
The Objectives of Criminal Punishment, video.
We’re All Independent Now, 1995, Marcom Project, Longanholme.
Well-founded fear, 2008, SBS, Sydney.
Women of the Sun, video.
Newspaper Articles
Aitkin, Don 2009, ‘One cool view of global warming’, The Canberra Times, 3 April,
http://www.canberratimes.com.au/news/opinion/editorial/general/one-cool-view-ofglobal-warming/135653.aspx.
Andrews, Matt et al. 2009, ‘It's simple: global warming is a reality with evidence’, The
Canberra Times, 13 May
http://www.canberratimes.com.au/news/opinion/letters/general/its-simple-globalwarming-is-a-reality-with-evidence/1511516.aspx.
Banham, Cynthia 2008, ‘Afghans sent home to die’, Sydney Morning Herald, 27 October,
http://www.smh.com.au/news/national/afghans-sent-home-todie/2008/10/26/1224955853319.html.
Banham, Cynthia 2008, ‘It's hell for Afghans we rejected’, Sydney Morning Herald, 27
October, http://www.smh.com.au/news/national/its-hell-for-afghans-werejected/2008/10/26/1224955854962.html.
Bolt, Andrew 2010, ‘Not Christmas for the islanders’, Courier Mail, 3 March,
http://blogs.news.com.au/couriermail/andrewbolt/index.php/couriermail/comments/not_c
hristmas_for_the_islanders/.
Burchell, Scott 2008, ‘Capitalism in crisis’, The Age, 8 October
http://www.theage.com.au/opinion/capitalism-in-crisis-20081007-4vt5.html?page=-1.
37
Board Endorsed December 2010 – updated May 2015
Burchell, Scott 2009, ‘No reason to assume she'll be right, mate’, The Age, 27 August,
http://www.theage.com.au/news/opinion/no-reason-to-assume-shell-be-rightmate/2007/08/26/1188066941620.html?page=fullpage#contentSwap1.
Cheam, Jessica 2009, ‘Climate crisis OUR problem’, Straits Times, 29 January,
http://blogs.straitstimes.com/2009/2/20/climate-crisis-is-our-problem.
Cooper, Mex 2009, ‘International crime syndicate linked to ATM scam’, The Age, 24 March,
http://www.theage.com.au/national/international-crime-syndicate-linked-to-atm-scam20090324-986t.html.
Cronin, Danielle 2008, ‘Compensation call for detention centre 'victims'’, The Canberra
Times, 30 October,
http://www.canberratimes.com.au/news/local/news/general/compensation-call-fordetention-centre-victims/1347263.aspx.
Evans-Prichard, Ambrose 2007, ‘Credit crunch sweeps Asia’, Sydney Morning Herald, 23
November, http://www.smh.com.au/business/credit-crisis-sweeps-asia-200711221c7p.html.
Garnaut, John 2010, ‘China's credit crunch’, Sydney Morning Herald, 21 January,
http://www.smh.com.au/business/chinas-credit-crunch-20100120-mlqg.html.
Murdoch, Scot 2008, ‘Families facing credit crunch’, The Australian, 1 January,
http://www.theaustralian.com.au/news/families-facing-credit-crunch/story-e6frg6n61111115225028.
Overbye, Dennis 2009, ‘They tried to outsmart Wall Street’, The New York Times, 9 March,
http://www.nytimes.com/2009/03/10/science/10quant.html.
Shears, Richard 2001, ‘Getting tough on refugees’, Daily Mail, 29 September, p.36.
Skelton, Russell 2010, ‘Files risk halts flow of refugees, Australia acts on Syrian demands’,
The Age, 30 January, p.4.
Stewart, Jenny 2009, ‘Global system tends to chaos’, The Canberra Times. 29 July,
http://www.canberratimes.com.au/news/opinion/editorial/general/global-system-tends-tochaos/1580865.aspx.
Toy, Mary Anne 2008, ‘Tragedy of refugee Australia sent back’, Sydney Morning Herald, 21
June, p.19.
Unknown author, 2002, ‘Treatment of asylum seekers condemned by group’, Peace River
Block Daily News, 10 December, p.12.
Unknown author, 2005, ‘Australian Government’s hard line’, Jakarta Post, 23 July, p.19.
Unknown author, 2008, ‘Fear of the known’, Sydney Morning Herald, 27 October,
http://www.smh.com.au/news/entertainment/tv--radio/fear-of-theknown/2008/11/17/1226770329274.html.
Unknown author, 2008, ‘Gloomy, w/ a 15% chance of depression’, Left Business Observer,
December, http://www.leftbusinessobserver.com/Gloomy.html.
Unknown author, 2008, ‘Royal commission call as refugees killed’, The Australian, 27
October, http://www.safecom.org.au/well-founded-fear.htm.
38
Board Endorsed December 2010 – updated May 2015
Unknown author, 2009, ‘Credit Crisis - Bailout Plan’, The New York Times, 10 December,
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html.
Unknown author, 2009, ‘Global economic crisis and Indonesia’, The Jakarta Post, 5 May,
http://www.thejakartapost.com/news/2009/05/05/global-economic-crisis-andindonesia.html.
Unknown author, 2009, ‘Global Financial Crisis: 10 key points to consider’, The Age, 26
February, http://www.theage.com.au/national/education/the-global-financial-crisis-10-keypoints-to-consider-20090226-8ipo.html.
Unknown author, 2009, ‘The week in review: G20 addresses global crisis’, The Jakarta Post, 5
April, http://www.thejakartapost.com/news/2009/04/05/the-week-review-g20-addressesglobal-crisis.html.
Unknown author, 2009, ‘When global warming heat is on, Rudd's resolve melts away’, The
Canberra Times, 29 March,
http://www.canberratimes.com.au/news/opinion/letters/general/when-global-warmingheat-is-on-rudds-resolve-melts-away/1466202.aspx.
Unknown author, 2010, ‘Asia gets its confidence back’, Straits Times, 12 March
http://www.straitstimes.com/SME%2BSpotlight/This%2Bweek%2Bwith%2BHSBC/Story/STIS
tory_501275.html.
Unknown author, 2010, ‘Credit Crisis — The Essentials’, The New York Times, 10 January,
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html.
Unknown author, 2010, ‘It’s not the end of the world’, The Jakarta Post, 26 March,
http://www.thejakartapost.com/news/2010/03/15/editorial-it%E2%80%99s-not-endworld.html.
Unknown author, 2010, ‘Surprising the market no big deal – Stevens’, Australian Financial
Review, 26 March,
http://afr.com/p/national/surprising_the_market_no_big_deal_UFYal0qNWx8x6wcFZFSKVJ.
Weaver, Matthew 2008, ‘Taliban killed Afghan asylum seekers that Australia sent back,
report claims’, The Guardian, 27 October,
http://www.guardian.co.uk/world/2008/oct/27/australia-afghanistan.
Cases
Corbett v Corbett, 1971, p.83.
Hyde v Hyde and Woodmansee, 1866, LR 1, P. & D. 130.
39
Board Endorsed December 2010 – updated May 2015
Proposed Evaluation Procedures
Each unit will be evaluated by students and staff at the end of each unit and at the end of
the Course. Students will be given the opportunity to respond to a questionnaire (a
suggested set of questionnaires have been attached in Appendix 1). The questionnaires have
been designed to allow reflection and feedback based on:
 objectives of the units;
 the teaching strategies used;
 the appropriateness of the assessment program;
 the overall goals of the Course and whether the needs of students have been met;
 suggestions for improvements in the Course;
Teachers will also meet regularly to discuss the content of particular units and the structure
of Courses. Particular attention will be paid to the time devoted to particular topics and
whether the units have an appropriate amount of content. Teachers will also be encouraged
to keep abreast of the latest developments in technology and the use of it in the classroom.
Examples of Assessment Tasks
Examples of assessment items are recommended through Moderation Day or otherwise can
be found on the Legal Studies cLc page at www.bsss.act.edu.au. To obtain access to this
page, contact the Moderation officers at the Board of Senior Secondary Studies on (02) 620
72771.
40
Board Endorsed December 2010 – updated May 2015
Human Rights and Family Law
Value 1.0
Prerequisites
Nil
Colleges adopting Human Rights Law 0.5 unit must be aware that there is some content
overlap between, World Order 0.5 and Media, Politics and the Law 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the tension between the
protection of society and the rights and
liberties of the individual
Critically analyse the tension between the
protection of society and the rights and liberties
of the individual
Understand the proposition that all persons
have equal rights and are entitled to be treated
equally under the law
Understand and identify the proposition that all
persons have equal rights and are entitled to be
treated equally under the law
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
41
Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Defining human rights
• Historical background
• International documents (treaties, charters, conventions, cases etc)
• Role of United Nations
• Role of International tribunals/courts
Human rights in Australia
• Human rights under common law
• Australian Constitution and human rights
• The development of specific legislation
Protection for human rights
• Rule of law
• Bill of rights vs. Human rights charter
• Human Rights Act(ACT)
• Human Rights Commissions
Provision for human rights
• Welfare as a basic human right
• The law as a guarantee of social welfare right
Rights and obligations under the law
• Personal thought
• Personal expression
• The right to own and enjoy land
• Freedom of movement
• Freedom of assembly
• Freedom of association
Discrimination in Society
• Disadvantaged groups based on:
o Racial Discrimination Act (1975) – Cwlth
o Sex Discrimination Act (1984??) – Cwlth
o Human Rights and Equal Opportunity Act (1986) – Cwlth
o Disability Discrimination Act – Cwlth
o Age Discrimination Act – Cwlth
o Privacy Act (1988) - Cwlth
o Relevant State Discrimination Acts
42
Board Endorsed December 2010 – updated May 2015
Redress
• Application of the Human Rights Act on other laws in society
• Human Rights Commission
• Commonwealth government assistance
• Legal Aid
• Courts
Balancing community rights and individual rights
• Powers of search and seizure of goods
• Entrapment
• Surveillance
• Listening devices
o Privacy of letters
o CCTV cameras
o Monitoring of internet
• Exercising police discretionary powers
o Move on powers
o Curfews
Current issues
• Refugees
• Anti-terrorism laws
• P-plate drivers
• Northern Territory Intervention
Issues/case law based
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
43
Board Endorsed December 2010 – updated May 2015
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
44
Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Andessen, C. 1993, Educational refugees: Malaysian students in Australia. Clayton, Vic.,
Centre of Southeast Asian Studies, Monash University.
Bailey, P. 2008, The Human Rights Enterprise in Australia and Internationally, Lexis Nexis
Butterworths, Chatswood.
Beazer, M & Gray J. 2008, Access and Justice, Oxford University Press, Melbourne.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Burnside, J. 2010, ‘Refugees and human rights’ in Future justice edited by Helen Sykes,
Future Leaders.
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Byrnes, A.; Charlesworth, H. and McKinnon, G. 2009, Bill Of Rights in Australia, Politics and
The Law. UNSW Press.
Chappell, J. Chesterman et al. 2009, Politics of human rights In Australia. Port Melbourne,
Vic., Cambridge University Press.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
45
Board Endorsed December 2010 – updated May 2015
Dalton, D. 2006, Refugees and asylum seekers. Chicago Heinemann Library.
Evans, C. and Evans, S. 2008, Australian Bills of Rights: The Law of the Victorian Charter and
ACT Human Rights Act, Lexis Nexis Butterworths, Chatswood.
Flynn, M. 2003, Human Rights in Australia: treaties, statutes and cases. Chatswood, N.S.W. ,
LexisNexis Butterworths.
Geber, P. 2010, ‘Growing a better future through human rights education’ in Future Justice
edited by Helen Sykes, Future Leaders.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. ‘Youth the aged and people of differing sexual identity’ in Legal studies
preliminary. Pearson, South Melbourne. P332-378.
Hamper, D. 2003, ‘Migrants’ in Legal Studies Preliminary. Pearson, South Melbourne. p227282.
Hamper, D. 2003, ‘People who have mental illness or intellectual or physical disability. in
Legal Studies Preliminary. Pearson, South Melbourne, p283-436.
Hamper, D. 2003, ‘Women’ in Legal Studies Preliminary. Pearson, South Melbourne, p283331.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Healy, J. (ed) 2002, Poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2006, World poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2007, Child poverty. Spinney Press, Thirroul.
Healy, K. (ed) 1998, Native title. Spinney Press, Thirroul.
Kaye, S.and Piotrowicz, R. (eds) 2000, Human Rights and International Australian law.
Butterworths, Chatswood.
Kinley, D. (ed) 1998, Human rights in Australian law: principles, practice and potential.
Federation Press.
Kirby, M. 2010, ‘Homosexuality and love’ in Future Justice edited by Helen Sykes, Future
Leaders.
Kneebone, S. 2009, Refugees, asylum seekers and the rule of law: comparative perspectives.
New York, Cambridge University Press.
Lanqwith, J. (ed). 2007, Stemcells. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Death and dying. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Depression. Jacqueline Lanqwith. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Discrimination. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Human rights. Detroit, Greenhaven.
Lanqwith, J. (ed). 2009, Renewable Energy. Detroit, Greenhaven.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
46
Board Endorsed December 2010 – updated May 2015
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
Luntz, H., Hambly, D., and Burns, K. 2008, Torts: Cases and Commentary, 6th ed. Lexis Nexis
Butterworths, Chatswood.
Maccallum, M. 2002, Girt by sea: Australia, the refugees and the politics of fear. Black Inc.,
Melbourne.
Mansouri, F. 2006, Asylum seekers in Howard's Australia: the social and economic cost of
temporary protection visas. Deakin University, Geelong.
Mares, P. 2002, Borderline: Australia's response to refugees and asylum seekers in the wake
of the Tampa. UNSW Press, Sydney.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Offord, B. 2003, Homosexual rights as human rights: activism in Indonesia, Singapore and
Australia. Oxford, New York.
Parker, M. and Derwent, B. 1995, ‘Case study: Aborigines and the Torres Strait Islanders’ in
Pathways to justice law and society. Book 2. 2nd ed. Longman, p289-333.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Phillips, D. 2009, Human Rights. Chelsea House Publishers, New York.
Reid, A. 1998, ‘Merdeka: The concept of freedom in Indonesia’ in Asian freedoms : the idea
of Freedom in East and South east Asia. Ed by David Kelly and Anthony Reid. Cambridge,
Melbourne, P141-160.
Robinson, J. 2010, ‘Self-determination and the limits of justice : West Papua and East Timor’
in Future Justice edited by Helen Sykes, Future Leaders.
Saul and Crock. 2006, Future seekers II: refugees and irregular migration In Australia.
Annandale, N.S.W.: Federation Press.
Saul and Crock. 2006, Future Seekers: refugees and law in Australia. Annandale, N.S.W.:
Federation Press.
Saunders, C. 2010, ‘The Australian Constitution and our rights’ in Future Justice edited by
Helen Sykes, Future Leaders.
Soliz, Adela (ed) 2006, Human Rights. Detroit, Greenhaven.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Wallace, J. and Pagone, T. 1990, Rights and Freedoms in Australia. Federation Press.
Whittaker, D. 2006, Asylum seekers and refugees in the contemporary world. Oxfordshire,
England : Routledge.
Williams, G. 2010, ‘The Victorian Charter of human rights and responsibilities’ rights’ in
Future Justice edited by Helen Sykes, Future Leaders.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
47
Board Endorsed December 2010 – updated May 2015
Newspaper Articles
‘Australian Government’s hard line’. Jakarta Post. p19 23 Jul 2005.
Banham, Cynthia (2008) ‘Afghans sent home to die’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/afghans-sent-home-todie/2008/10/26/1224955853319.html
Banham, Cynthia (2008) ‘It's hell for Afghans we rejected’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/its-hell-for-afghans-werejected/2008/10/26/1224955854962.html
Cronin, Danielle. (2008) ‘Compensation call for detention centre 'victims'’. The Canberra
Times, 30 Oct. http://www.canberratimes.com.au/news/local/news/general/compensationcall-for-detention-centre-victims/1347263.aspx
‘Fear of the known’ Sydney Morning Herald. 27 Oct 2008.
http://www.smh.com.au/news/entertainment/tv--radio/fear-of-theknown/2008/11/17/1226770329274.html
‘Royal commission call as refugees killed’ The Australian. 27 Oct 2008.
http://www.safecom.org.au/well-founded-fear.htm
Shears, Richard. ‘Getting tough on refugees’. Daily Mail. P36 29 Sep 2001.
Skelton, Russell. ‘Files risk halts flow of refugees, Australia acts on Syrian demands’. The
Age. P4 30 Jan 2010.
Toy, Mary Anne. ‘Tragedy of refugee Australia sent back’. Sydney Morning Herald. P19 21
Jun 2008.
‘Treatment of asylum seekers condemned by group’. Peace River Block Daily News. p12. 10
Dec 2002.
Weaver, Matthew. (2008). ‘Taliban killed Afghan asylum seekers that Australia sent back,
report claims’ The Guardian, 27 Oct.
http://www.guardian.co.uk/world/2008/oct/27/australia-afghanistan
Journal Articles
Fisk, L. 2006, ‘Politics of exclusion, practice of inclusion: Australia’s response to refugees and
the case for community based human rights’. The International Journal of Human Rights.
Vol 10, No 3 September. pp 219-229.
Fleay, C. 2008, ‘Engaging in human rights diplomacy: the Australia-China bilateral dialogue
approach’. The International Journal of Human Rights. Vol 12, Issue 2 pp 233-252.
Palmer, D. 2009, ‘The quest for wriggle room: Australia and the Refugee Convention, 1953’.
Australian Journal of International Affairs. Vol 63, Issue 2, June pp 290-308.
Pugliese, J. 2004, ‘The incommensurability of law to justice: refugees and Australia’s
temporary protection visa’. Law and Literature, Vol 16, No 3 (Autumn) pp 285-311.
Schweitzer, Perkoudlidis, Krome, [et al]. 2005, Attitudes towards refugees: the dark side of
prejudice in Australia’. Australian Journal of Psychology. Vol 57, Issue 3 December. Pp 170179.
Michaelsen, C. 2005, ‘Derogating from international human rights, obligations in the war
against terrorism? : A British – Australia perspective’. Terrorism and Political Violence. Vol
17 No 1.
48
Board Endorsed December 2010 – updated May 2015
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Web sites
ABC (on line)
<http://www.abc.net.au/civics/rights/default.htm>
ACT Human Rights Commission (on line)
ACT Human Rights Office (on line)
<http://www.hrc.act.gov.au/>
<http://www.hro.act.gov.au/index.html>
Aljazeera, Doha, Qatar. (on line)
<http://english.aljazeera.net/>
Amnesty International Australia. (on line)
<http://www.amnesty.org.au/>
Anti-Discrimination Commission Queensland (on line)
<http://www.adcq.qld.gov.au>
Australian Human Rights Centre (on line)
<http://www.ahrcentre.org/>
Australian Human Rights Commission (on line)
Australian Human Rights Group (on line)
<www.hreoc.gov.au>
<http://www.humanrightsact.com.au>
Child Support Agency (on line)
<http://www.csa.gov.au/>
Commonwealth Department of Foreign Affairs and Trade (on line)
<http://www.dfat.gov.au/hr>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
<http://www.dvcs.org.au/>
Equal Opportunity Commission South Australia (on line)
Family Law Advice (on line)
and-justice/family-law>
<http://australia.gov.au/topics/law-
Family Relationship Centres (on line)
Federal Discrimination Law Online
<http://www.eoc.sa.gov.au>
<www.familyrelationships.gov.au/frc>
<http://www.hreoc.gov.au/legal/FDL/index.html>
Genocide – Learning Experiences and Instruction (on line)
<http://urbandreams.ousd.k12.ca.us/lessonplans/genocide/learningexperience.html>
History of Human Rights (on line)
<http://www.universalrights.net/main/histof.htm>
Human Rights and Equal Opportunity Commission (on line) <http://www.hreoc.gov.au/>
Human Rights Commission of Malaysia (on line)
<http://www.suhakam.org.my>
Human Rights Watch (on line)
<www.hrw.org>
Let’s talk about rights – Toolkit (online)
<http://www.humanrights.gov.au/letstalkaboutrights/info.html>
49
Board Endorsed December 2010 – updated May 2015
Library of Congress (USA) Declaration of Independence (4 July 1776) and Bill of Rights (25
September 1789.) (on line)
<http://memory.loc.gov/ammem/help/constRedir.html>
Non-Singapore Government site (on line)
<http://www.thinkcentre.org>
Office of the anti discrimination Commissioner, Tasmania (on line)
<http://www.antidiscrimination.tas.gov.au/>
Parliament House and the Parliamentary Library (on line)
<http://www.aph.gov.au/library/intguide/law/civlaw.htm>
Singaporeans for Human Rights (on line)
<http://www.sghumanrights.org>
The Centre for Public Law, University of New South Wales (on line)
<http://www.gtcentre.unsw.edu.au/bills-of-rights-resources-arguments-for-andagainst.asp>
The Family Court of Australia (on line)
<www.familycourt.gov.au >
The Human Rights Council of Australia (on line)
<http://www.hrca.org.au>
United Nations Cyber School Bus – Global Teaching and Learning projects (on line)
<http://www.cyberschoolbus.un.org/crc/motion.html>
United Nations Human Rights (on line)
<http://www.un.org/en/rights/>
United Nations Refugee Agency (on line)
<www.unhcr.org>
Universal Declaration of Human Rights (on line) <http://www.un.org/en/documents/udhr/>
Victorian Equal Opportunity & Human Rights Commission (on line)
<http://www.equalopportunitycommission.vic.gov.au/home.asp>
Web Law on Human Rights (on line)
<http://www.weblaw.edu.au/weblaw/display_page.phtml?WebLaw_Page=Human+Rights>
Audio Visual
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
In the Name of the Father (video)
Reality Bites Series, ABC TV
Sunday, Nine Network
Australia's Anti-Terror Laws. ABC, Sydney, 2007
Brunuel, Diego. Don't Tell My Mother I'm in the Holy Land. National Geographic,
Washington, c2009.
In Detention - Locking Up Asylum Seekers . Video Education Australasia, Bendigo,
2004
Moore, Michael. Fahrenheit 9/11. IMBPro. London, 2004.
Well-Founded Fear. SBS, Sydney, 2008
*These were accurate at the time of publication.
50
Board Endorsed December 2010 – updated May 2015
Consumer Law and Torts
Value 1.0
This unit combines Consumer Law 0.5 and Torts 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the legal
significance of everyday consumer transactions
Demonstrate a knowledge of the legal
significance of everyday consumer transactions
Apply consumer rights and responsibilities to
consumer transactions
Critically analyse and apply consumer rights and
responsibilities to consumer transactions
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
51
Board Endorsed December 2010 – updated May 2015
Consumer transactions
• Definition
• Types
Elements of a contract
• Intention to create legal relations
• Offer
• Acceptance
• Consideration
• Capacity
Problems that may arise
• Mistake
• Illegality
• Minors
• Mental status
• Misrepresentation
• Abuse of position of dominance
• Unfair and unconscionable contract
• Estoppel
Remedies
• Conditions and warranties
• Types of remedies
Relevant legislation
• Trade Practices Act (Cth)
• Fair Trading Acts (States/Territories)
• Other specific legislation
Avenues for redress
• Small Claims Court
• Industry dispute and resolution bodies
• Consumer Affairs Bureau
• Credit Tribunal
• Media
Exceptions and special cases of contract
• Insurance
• Corporations
• Cyber contracts
Credit agreements
• Credit cards
• Personal loans and other
• Consumer Credit Codes
52
Board Endorsed December 2010 – updated May 2015
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
53
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
54
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B. & Brassil, D., Excel HSC Legal Studies, Pascal Press, Glebe, 2001
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Ellis, E 1988, Thinking about Crime and Justice, CCH, Sydney.
Gleeson, W. et al, Heinemann Legal Studies Preliminary Course, Third Edition, Heinemann,
Melbourne, 2007
Hamper, D. et al, Legal Studies Preliminary, Second Eidtion, Pearson, Melbourne, 2007
Hamper, D. et al, Legal Studies HSC, Second Edition, Longman, Melbourne, 2008
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Web sites
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Legal Information Institute (on line)
<http://www.austlii.edu.au>
News Limited Australia (on line)
<http://www.news.com.au>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
Australian Competition and Consumer Commission (on line)
<http://www.accc.gov.au/content/index.phtml/itemId/142>
ACT Supreme Court (on line)
<http://www.courts.act.gov.au/supreme/>
Attorney-General’s Department (on line)
<http://www.scaleplus.law.gov.au/>
Federal Court (on line)
<http://www.fedcourt.gov.au/>
55
Board Endorsed December 2010 – updated May 2015
Audio Visual
12 Angry Men, video.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Women of the Sun, video.
A Current Affair (Series), Nine Network
Australian Story (Series), ABC TV
Four Corners (Series), ABC TV
Sunday (Series), Nine Network
Today Tonight (Series), Seven Network
*These were accurate at the time of publication.
56
Board Endorsed December 2010 – updated May 2015
Cyber Crime and Legal Issues of Gen Z
Value 1.0
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of changing social
and technological issues in cyber crime
Demonstrate a knowledge of changing social
and technological issues in cyber crime
Understand the effectiveness of the law in
responding to technological change
Evaluate the effectiveness of the law in
responding to technological change
Demonstrate an understanding of the rights
and responsibilities of young people.
Demonstrate knowledge of the conflict
between the rights and responsibilities of young
people.
Understand the effectiveness of the law for
young people.
Critically evaluate the effectiveness of the law
and response to young people.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
57
Board Endorsed December 2010 – updated May 2015
Definition and Overview of Cybercrime
• Classification of cyber crime
• Technology use
• Scope/types
• Virtual world crimes – avatars, fraud, theft, etc
Legal Framework
• Cyber crime code of practice
• Criminal Code
• International and Domestic
Identification and Reporting Cyber Crime
• ISP practice and obligations
• Police response
• Computer Forensics
• International and Domestic
Privacy and Security issues
• Access
• Email
• Fraud – bank scams, stolen identities, mass mailing worms, ghost websites
• Hacking
• Spam – phishing, whaling
• Viruses
• Cyber-bullying/stalking
• Cyber patriots and Wikileaks
Censorship
• National security
• Pornography and offensive materials
• Web nannies
• Case Study China
• Cyber-limits
Education and prevention
• Attorney-General’s Department (AGD)
o Electronic Transactions Act
o Developments in the UNCITRAL Electronic Commerce Working Group
o Advice on electronic commerce policy
• Other organisations
o Federal government internet safety body Net-Alert
• E-mail etiquette
58
Board Endorsed December 2010 – updated May 2015
Effectiveness of cyber crime law
• Legal response – time lags, severity, etc
• Evolution of Legal Principles
o Application in cyberspace/artificial worlds
o Standards of proof
o Burden of proof
Resolutions and future of cyber crime types
Social Impacts of technology
Key legal concepts and principles
• Definitions of adult, juvenile, youth, child.
o Categorisation under the law
• Historical background
• Socio-cultural dynamics
• Relationship dynamics
Economic Issues and development
• Employment
• Financial decision making
o Purchasing goods and services
Social Issues
• Family Issues
• Sexual Issues
• Drugs
• Alcohol
• Driving
• Relationships
• Cyber Issues
• Education - Earn or Learn
• Bullying
• Welfare benefits
Personal Integrity Issues
• Medical Issues
• Freedom of movement
Criminal Issues
• Procedures and process
• Justice
o Restorative practices
Legal Responsiveness
• Policy issues
• Empowerment and representation
• Reform
59
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
60
Board Endorsed December 2010 – updated May 2015
Assessment
Refer to page 17.
Specific Unit Resources
Books
Balkin, J. M. (ed.) 2007, Cybercrime: digital cops in a networked environment, New York
University Press, New York.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Buehler, M. 2009, Encyclopedia of Cyber Crime, Greenwood, USA.
Cybercrime 2004, Parliamentary Joint Committee on the Australian Crime Commission,
Canberra.
Donovan, F. & Bernier, K. 2009, Cyber crime fighters: tales from the trenches, Pearson,
London.
Goldsmith, A. et al (ed.) 2006, Crime and justice: a guide to criminology, Lawbook Co,
Sydney.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
Higgins, G. E. 2010, Cybercrime: an introduction to an emerging phenomenon, McGraw-Hill
Higher Education, Boston.
Hinduja, Sameer & Patchin, J. 2009, Bullying beyond the schoolyard : preventing and
responding to cyberbullying, Corwin, Thousand Oaks, Calif.
Keen, C. 2004, Hackers’ tales: stories from the electronic front line, Carlton, London.
Kowalski, R. M. et al 2008, Cyber bullying: bullying in the digital age, Blackwell, Malden,
Mass.
McGrath, K. P. 2009, Cybercrime: how to handle computer crime, MCLE, Boston.
McQuade, S. et al 2009, Cyber bullying: protecting kids and adults from online bullies,
Praeger, Westport.
Ross, J. 2010, Cybercrime, Chelsea House, New York.
Shariff, S. 2009, Confronting cyber-bullying: what schools need to know to control
misconduct and avoid legal consequences, Cambridge University Press, New York.
Smith, R. G. et al 2004, Cyber criminals on trial, Cambridge University Press, New York.
Stickley, J. 2009 The truth about identity theft, Pearson, Upper Saddle River, N.J.
Wall, D. S. 2007, Cybercrime : the transformation of crime in the information age, Polity,
Cambridge.
Willard, N. E. 2007, Cyberbullying and cyberthreats: responding to the challenge of online
social aggression, threats and distress, Research Press, Champaign, Illinois.
Williams, C. 2004, Terrorism Explained: The facts about terrorism and terrorist groups. New
Holland, Sydney.
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Board Endorsed December 2010 – updated May 2015
Williams, M. 2006, Virtually Criminal: Crime Deviance and Regulation Online. Routledge,
London.
Yount, L. (ed.) 2006, Does the Internet increase the risk of crime? Greenhaven, Detroit.
Journal Articles
Bronitt, S. & Gani, M. 2003, “Shifting the boundaries of cybercrime: from computer hacking
to cyber-terrorism”, Criminal Law Journal, Odgers & Yeo (eds)
Watters, M. 2009, Journal of cybercrime, Mt Helen, Vic. Vol. 1, no. 1 published Jan.
Websites
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Children’s and Youth Law Centre (on line)
<http://www.ncylc.org.au/navabout.htm>
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
62
Board Endorsed December 2010 – updated May 2015
Attorney-General’s Department (on line)
<http://www.ag.gov.au>
AusCERT (on line)
<http://www.auscert.org.au>
Australian Broadcasting Authority (on line)
<http://www.aba.gov.au>
Australian Communication & Media Authority (on line)
<www.acma.gov.au>
Australian Communications Authority (on line)
<http://www.acpr.gov.au>
Australian Communications Authority (on line)
<http://www.aca.gov.au>
Australian Crime Commission (on line)
<www.crimecommission.gov.au>
Australian Federal Police (on line)
<www.afp.gov.au>
Australian Institute of Criminology (on line)
<www.aic.gov.au>
Australian Institute of Criminology (on line)
<www.aic.gov.au>
Australian Law Online
<www.australianlawonline.gov.au>
International Journal of Cyber Criminology. (on line)
<http://www.cybercrimejournal.co.nr>
63
Board Endorsed December 2010 – updated May 2015
Audio Visual
Australian Story (Series), ABC TV
Cyber Guerillas 2008, Gedeon Programmes. Written and directed by Jean-Martial Lefranc.
Cyber Survivor 2009, CHOICEZ Media.
Fear in The Fast Lane 2009, Four Corners, ABC.
Four Corners – A Clear and Present Danger (Series), ABC TV, 2001
Four Corners – Your Money and Your Life (Series) ABC TV, 2005
Four Corners – Fear in the Fast Lane (Series) ABC TV, 2009
Hackers 2004, MGM Home Entertainment.
Stolen ID 2008, Inside Australia, SBS.
Sunday (Series), Nine Network
The Bullies’ Playground 2009 Four Corners, ABC.
Web Warriors 2008, Tell Tale Productions.
*These were accurate at the time of publication.
64
Board Endorsed December 2010 – updated May 2015
World Order and Current Legal Issues
Value 1.0
Prerequisites
Nil.
Colleges adopting World Order 0.5 unit must be aware that there is some content overlap
between Human Rights Law 0.5, Media, Politics and the Law 0.5 and Media, Politics and the
Law 0.5. Overlapping content should not be covered in detail if already studied in another
unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in world order.
Critically analyse the legal and social problems
involved in world order.
Understand the relationship between the
various global and regional players.
Understand and identify the relationship
between the various global and regional
players.
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
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Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Reasons for world order
• Historical overview
• Overview of international law
• Role of global and regional players
Conflict
• Types of conflict
• Limiting conflict
• Impact of conflict
Working for World Order
• World government/ regional federation
• Peace enforcement/Peacekeeping
• Regulation of conduct through war/ Humanitarian intervention
o The Geneva Convention
o Red Cross
• Terrorism and world order
Implementation of international agreements and change
• Historical overview of treaty system and customary law
• Barriers e.g. political systems, State jurisdictions
• Methods for change e.g.
o Force/ Other enforcement mechanisms
o International instruments
o Non-governmental organisations
o The media
o The role of international tribunals
Effectiveness of international law
• For individuals
• For nation states
Trade agreements
• Need for trade agreements
• Effect of trade agreements
• Specific case studies (e.g. Australia & the US, Europe)
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Board Endorsed December 2010 – updated May 2015
International crime
• Types of international crime
• Relationship between international law and domestic laws
• Enforcing international crimes
• An international criminal court
Environmental issues
• Climate change
• Development and access of resources (water)
Refugee Issues
• Migration and immigration
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
1. Analysis of legal and social issues involved
2. Development of law and social behaviour related to the issues
3. Reference is to be made to leading cases
4. Study of relevant legislation
5. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
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Board Endorsed December 2010 – updated May 2015
• Same sex unions
• Censorship
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
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Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Barrie Pittock, A. 2005, Climate change: turning up the heat. CSIRO, Collingwood.
Bartlett, C J. 1984, The Global Conflict: the international rivalry of the great powers, 18801970. Longman, London.
Bayliss, J.; Smith, S. 2001, The globalization of world politics: an introduction to international
relations.Oxford University Press, Oxford.
Bekou, O. and Cryer, R. (eds) 2004, International Criminal Court, The. Ashgate/Dartmouth,
Aldershot, Hants, England; Burlington.
Bickerton, I. J.; Hill, M. 2005, The Arab-Israeli conflict. McGraw-Hill, Sydney.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carew, E. 1996, The language of money. Allen & Unwin, St Leonards.
Cornelius, H. 1989, Everyone Can Win: How To Resolve Conflict. Simon Schuster, Brookvale.
Devetak, R.; Burke, A.; George, J. 2007, An Introduction To International Relations: Australian
Perspectives. Cambridge University Press, Cambridge.
Evans, G. 1998, The Penguin Dictionary of International Relations. London: Penguin.
Gilbert, G. 2006, Responding to international crime. Martinus Nijhoff, Leiden, Boston.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
Harrison, B. J. The treaty of Versailles and the League of Nations. Brooks, Sydney.
Henson, R. 2008, The Rough guide to climate change. Rough Guides, London.
Hewison, G. 1989, The Global Factor: issues and images in International law.Redfern legal
centre, Redfern
Hibbert, A. 2006, Keeping Peace in the World. Franklin Watts, London.
Hodges, A.,Nilep, C. and Benjamins, J. (eds) 2007, Discourse, war and terrorism. Amsterdam;
Philadelphia.
Huntingdon, S. P. 1998, The clash of civilizations and the remaking of world order.
Touchstone Books (Simon & Schuster), London.
Kaye, S. 2000, Human rights in international and Australian law. Butterworth, Sydney.
Klare, M. 2002, Resource Wars : the new landscape of global conflict. Henry Holt, New York.
Kluwer et al (eds) 1999, The International Criminal Court: The Making of the Rome Statute,
issues, negotiations, results, Law International, The Hague ; Boston
Koechler , H. 2002, Hans Koechler Manila lectures 2002: terrorism and the quest for a just
world order. Foundation for Social Justice, Quezon City, Philippines.
Long, C.J. 1996, The Middle East in search of peace. Millbrook Press, Brookfield.
Mandle, B. 1976, Conflict in the Promised land. Heinemann, Auckland.
69
Board Endorsed December 2010 – updated May 2015
McCormick, J. 1999, Understanding the European Union : a concise introductionPalgrave,
Hampshire.
McCuen, G. 1992, A new world order and military intervention. Gem, Hudson.
Minnis, I. 2001, The Arab-Israeli conflict. Heinemann, Oxford.
Olásolo, H. 2005, The triggering procedure of the International Criminal Court. M. Nijhoff
Publishers, Leiden ; Boston.
Oxlade, C. 1996, Crime Fighting, Heinemann, Oxford.
Pittock, B. (ed) 2003, Climate change: an Australian guide to science and potential impacts.
Australian Greenhouse Office, Canberra.
Ralph, J. 2007, Defending the society of states: why America opposes the International
Criminal Court and its vision of world society. Oxford University Press, Oxford.
Saikal, A. 2003, Islam and the West: Conflict or Cooperation? Palgrave Macmillian
Basingstoke, Hampshire.
Schartzenberger, T (ed). 2007, International Law. Weigl, New York.
Sedoglavich, V. 2010, International Strategic Management, McGraw Hill, Australian National
University Press, Canberra.
Smith, D. 1999, The State of the World Atlas. Penguin, Harmondsworth, Middlesex.
Southwick, C. 1996, Global ecology in human perspective. Oxford University Press, New York.
Stafford, J. 2006, The European Union: political, social and economic cooperation. Mason
Crest, Philadelphia.
Sykes, H. (ed) 2008, Issues of our time. Future leaders, Sydney.
Taudevin, L. 1999, East Timor: Too little too late. Duffy & Snellgrove, Sydney.
Taylor, John G. 1999, East Timor; the price of freedom. Zed Books, London.
Torr, James D. (ed) 2004, U.S. policy toward rogue nations. Greenhaven Press, San Diego.
Walker, J. 2000, Environmental Ethics. Hodder & Stoughton, London.
Warren, D. 2001, Climate change. Royal Society of Chemistry, London.
Wheatcroft, A. 2003, Infidels: a history of the conflict between Christendom and
Islam.Penguin, London.
White, R & Alder, C (eds) 1994, The Police and Young People in Australia, Cambridge
University Press, Cambridge.
70
Board Endorsed December 2010 – updated May 2015
Newspaper Articles
Aitkin, Don. ‘One cool view of global warming’. The Canberra Times. 3 April 2009.
http://www.canberratimes.com.au/news/opinion/editorial/general/one-cool-view-ofglobal-warming/135653.aspx
Andrews, Matt.; Pollard, Paul; Mackenzie, David. ‘It's simple: global warming is a reality with
evidence’. The Canberra Times. 13 May 2009.
http://www.canberratimes.com.au/news/opinion/letters/general/its-simple-globalwarming-is-a-reality-with-evidence/1511516.aspx
‘Asia gets its confidence back’. Straits Times. 12 March 2010.
http://www.straitstimes.com/SME%2BSpotlight/This%2Bweek%2Bwith%2BHSBC/Story/STIS
tory_501275.html
Bolt, Andrew. ‘Not Christmas for the Islanders’. Courier Mail. 3 March 2010.
http://blogs.news.com.au/couriermail/andrewbolt/index.php/couriermail/comments/not_c
hristmas_for_the_islanders/
Burchell, Scott. ‘Capitalism in crisis’. The Age. 8 October 2008.
http://www.theage.com.au/opinion/capitalism-in-crisis-20081007-4vt5.html?page=-1
Burchell, Scott. ‘No reason to assume she'll be right, mate’. The Age. 27 Aug 2009.
http://www.theage.com.au/news/opinion/no-reason-to-assume-shell-be-rightmate/2007/08/26/1188066941620.html?page=fullpage#contentSwap1
Cheam, Jessica. ‘Climate crisis OUR problem’ Straits Times. 29 January 2009.
http://blogs.straitstimes.com/2009/2/20/climate-crisis-is-our-problem
Cooper, Mex. International crime syndicate linked to ATM scam. The Age [online]. 24 March
2009. http://www.theage.com.au/national/international-crime-syndicate-linked-to-atmscam-20090324-986t.html
‘Credit Crisis - Bailout Plan’. The New York Times. 10 December 2009.
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html
‘Credit Crisis — The Essentials’. The New York Times. 10 January 2010.
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html
Evans-Prichard, Ambrose. ‘Credit crunch sweeps Asia’. Sydney Morning Herald. 23
November 2007. http://www.smh.com.au/business/credit-crisis-sweeps-asia-200711221c7p.html
Garnaut, John. ‘China's credit crunch’. Sydney Morning Herald. 21 January 2010.
http://www.smh.com.au/business/chinas-credit-crunch-20100120-mlqg.html
‘Global economic crisis and Indonesia’. The Jakarta Post. 5 May 2009.
http://www.thejakartapost.com/news/2009/05/05/global-economic-crisis-andindonesia.html
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Board Endorsed December 2010 – updated May 2015
‘Global Financial Crisis: 10 key points to consider’. The Age. 26 February 2009.
http://www.theage.com.au/national/education/the-global-financial-crisis-10-key-points-toconsider-20090226-8ipo.html
‘Gloomy, w/ a 15% chance of depression’ Left business observer. December 2008.
http://www.leftbusinessobserver.com/Gloomy.html
‘It’s not the end of the world’. The Jakarta Post. 26 March 2010.
http://www.thejakartapost.com/news/2010/03/15/editorial-it%E2%80%99s-not-endworld.html
Murdoch, Scot. ‘Families facing credit crunch’. The Australian. 1 January 2008.
http://www.theaustralian.com.au/news/families-facing-credit-crunch/story-e6frg6n61111115225028
Overbye, Dennis. ‘They tried to outsmart Wall Street’. The New York Times. 9 March 2009.
http://www.nytimes.com/2009/03/10/science/10quant.html
Stewart, Jenny. ‘Global system tends to chaos’. The Canberra times. 29 July 2009.
http://www.canberratimes.com.au/news/opinion/editorial/general/global-system-tends-tochaos/1580865.aspx
‘Surprising the market no big deal – Stevens’. Australian Financial Review. 26 March 2010.
http://afr.com/p/national/surprising_the_market_no_big_deal_UFYal0qNWx8x6wcFZFSKVJ
‘Theweek in review: G20 addresses global crisis’. The Jakarta Post. 5 April 2009.
http://www.thejakartapost.com/news/2009/04/05/the-week-review-g20-addresses-globalcrisis.html
‘When global warming heat is on, Rudd's resolve melts away’. The Canberra times. 29 March
2009. http://www.canberratimes.com.au/news/opinion/letters/general/when-globalwarming-heat-is-on-rudds-resolve-melts-away/1466202.aspx
Web sites
ACT Human Rights Office (on line)
http://www.hro.act.gov.au/index.html
ACT Supreme Court (on line)
http://www.courts.act.gov.au/supreme/
Australian Federal Police (on line)
http://www.afp.gov.au/afp/page/
New South Wales Police (on line)
http://www.police.nsw.gov.au/
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Board Endorsed December 2010 – updated May 2015
Victoria Police (on line)
http://www.police.vic.gov.au/
News Limited Australia (on line)
http://www.news.com.au
Australian Crime Commission. Organized crime in Australia 2009 (on line)
<http://www.crimecommission.gov.au/publications/oca/_files/2009/2009_oca_complete.p
df>
Australian Crime Commission. When bad things happen to your good name. (on line)
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_commu
nity_your_good_name.pdf>
Australian Crime Commission. When bad things happen to your good business name.
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_busines
s_your_good_name.pdf>
Australian Parliamentary Library (on line), article by Hancock, N
<http://www.aph.gov.au/library/pubs/rp/2001-02/02rp12.htm>
Community Aid Abroad Nike campaign watch (on line)
<http://www.oxfam.org.au/campaigns/nike/>
Crimes of War Project (on line)
<http://www.crimesofwar.org/>
International Committee of the Red Cross (Geneva Convention) (on line)
<http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions>
International Committee of the Red Cross. Movement action in favour of refugees and
internally displaced persons 2003 (on line)
<http://www.icrc.org/Web/eng/siteeng0.nsf/html/5WSGRF>
International Court of Justice (on line)
<http://www.icj.org/>
International Federation of Red Cross and Red Crescent Societies. Outcomes of the 28th
International Conference of the Red Cross and Red Crescent 2004. (on line)
<http://www.ifrc.org/docs/pubs/disasters/factsheet10eng.pdf>
International Labour Organisation (on line)
<http://www.ilo.org/>
International Peace Bureau (on line)
<http://www.ipb.org/>
Interpol. Bioterrorism. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST02.pdf>
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Board Endorsed December 2010 – updated May 2015
Interpol. Counterfeit payment cards database (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT03.pdf>
Interpol. Crime against children (on line).
<http://www.interpol.int/Public/ICPO/FactSheets/THB03.pdf+>
Interpol. Cybercrime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT02.pdf>
Interpol. Drug trafficking. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO01.pdf>
Interpol. Environmental crime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST03.pdf>
Interpol. Firearms. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST04.pdf>
Interpol. Intellectual property crime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT01.pdf>
Interpol. Maritime piracy. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO03.pdf>
Interpol. People smuggling. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/THB01.pdf>
Interpol. Terrorism. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST01.pdf>
Interpol. Trafficking in human beings (on line).
<http://www.interpol.int/Public/ICPO/FactSheets/THB02.pdf>
National Drug Strategy. National drug strategy : Aboriginal and Torres Strait Islander Peoples
Complementary Action Plan 2003–2009. (on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/54
5C92F95DF8C76ACA257162000DA780/$File/indigenous-action.pdf>
National Drug Strategy. National drug strategy : Australia’s integrated framework 2002-2009.
(on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/5E
AED77A78166EB5CA2575B4001353A4/$File/framework0409.pdf>
NGO Committee on Disarmament, Peace and Security (on line)
<http://www.igc.apc.org/disarm/>
Reserve Bank of Australia. Interest Rate Decisions – 2010. (on line)
<http://www.rba.gov.au/monetary-policy/int-rate-decisions/index.html>
Reserve Bank of Australia. About Monetary Policy – 2010 (on line)
<http://www.rba.gov.au/monetary-policy/about.html>
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Board Endorsed December 2010 – updated May 2015
Reserve Bank of Australia. Cash rate target. (on line)
<http://www.rba.gov.au/statistics/cash-rate.html>
Reserve Bank of Australia. Global Developments in Inflation – 2010 (on line)
<http://www.rba.gov.au/publications/smp/boxes/2010/feb/a.pdf>
Reserve Bank of Australia. Price and Wage Developments : Recent developments in inflation
2010 (on line)
<http://www.rba.gov.au/publications/smp/2010/feb/html/price-wage-dev.html>
UNHCR – The UN refugee agency. The 1951 Refugee Convention - Questions & Answers,
2007 edition (on line)
<http://www.unhcr.org/3c0f495f4.html>
UNHCR – The UN refugee agency. Convention and Protocol Relating to the Status of
Refugees (on line)
<http://www.unhcr.org/3b66c2aa10.html>
UNHCR – The UN refugee agency. Asylum Levels and Trends in Industrialized Countries
2009: Statistical Overview of Asylum Applications Lodged in Europe and Selected NonEuropean Countries. (on line)
<http://www.unhcr.org/4ba7341a9.html>
UNHCR – The UN refugee agency. Refugee Protection and Human Trafficking: Selected Legal
Reference Materials, First Edition. (on line)
<http://www.unhcr.org/4986fd6b2.html>
UNHCR – The UN refugee agency. States Parties to the 1951 Convention and its 1967
Protocol (on line)
<http://www.unhcr.org/3b73b0d63.html>
UNHCR – The UN refugee agency. (Browse by country). (on line)
<http://www.unhcr.org/>
UNHCR – The UN refugee agency. Asia and the pacific. 2010 Regional Operations Profile Asia and the Pacific. (on line)
<http://www.unhcr.org/pages/4a02d8ec6.html>
United nations. Charter of the United Nations. (on line)
<http://www.un.org/en/documents/charter/>
United Nations (on line)
<http://www.un.org/english/>
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Board Endorsed December 2010 – updated May 2015
Audio Visual
Addicted to money. 1. Who killed the economy? 2. No where to hide. 3. Peak everything.
ABC, Sydney, 2009.
Fahrenheit 9/11 (video, 2004)
Hotel Rwanda (DVD, 2004)
Q & A: Money and trees - the green stuff. ABC, Sydney, 2008.
The ascent of money. (Part1 Dreams of Avarice 47mins 28 May 2009 / Part 2 Human
Bondage ABC1 47mins 4 June 2009 / Part 4 Risky business ABC1 47mins 18 June 2009 / Part
5 Safe as houses ABC1 47mins 25 June 2009 /Part 6 Chimerica ABC1 47mins) ABC1. 2 July
2009. ABC, Sydney, 2009.
The Corporation (DVD with study guide)
The Fog of War (video, 2004).
The Kingdom (DVD, 2007)
*These were accurate at time of publication.
76
Board Endorsed December 2010 – updated May 2015
Crime and Justice
Value 1.0
This unit combines Crime 0.5 with Justice 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the criminal law principle,
and processes within the criminal justice
system
Critically analyse the criminal law principles, and
processes within the criminal justice system
Understand how cultures and values of
different groups within society impact on the
criminal justice system
Understand how cultures and values of different
groups within society impact on the criminal
justice system
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
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Concepts of crime
• Factors associated with criminal activity
• Laws and morals
• Cultural influences
• Distinction between criminal and civil liability
• Types of crime e.g. crimes against person/ property/State
• Issues/case law based
• Concept of crime – moral, cultural influences
Principles of Criminal Law
• Presumption of innocence
• Burden of proof
• Standard of proof
• Right to silence
Elements of a Crime
• Harm
• Actus reus
• Mens rea
• Offence studies e.g. assault, murder, manslaughter, theft, drug offences, dangerous
driving, etc.
Sources of law and jurisdictional issues:
• Review of court hierarchy
• Statute law
• Common law (codes, statutes)
• State based law
• Multi-jurisdictional crimes
• Overlap of commonwealth and state/territory jurisdictions
• Different approaches to criminal law in different jurisdictions
Players in the criminal justice system
• The State – judicial, executive (penal and police) and legislative
• Prosecution - DPP
• Victim and victim rights
• Perpetrator/defendant and rights
o Accessories/Accomplices
• Society
Defences
• Complete e.g. self defence, insanity, necessity, provocation
• Partial e.g. provocation, diminished responsibility
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Criminal Procedures:
• Pre-Trial
o Police powers
o Bail and remand
• The trial
o Types of hearings
o Procedure and evidence
o The jury
o Sentencing procedures
Justice and criminology
• Types of sentences
• Purposes of criminal justice system
• Media influence and impact
• Social impact
• Indigenous issues
• Recidivism
• Prisoners rights and issues
• Players in the Criminal Justice Systems
o Role of the state
o Victim rights
• Defendant rights
o Legal aid issues
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
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Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Beazer, M et al. 2008, Access and Justice, Oxford University Press, Melbourne.
Beazer, M et al. n.d., Justice and Outcomes, Oxford University Press, Melbourne.
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Gleeson, W et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Hamper, David et al 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Healy, J. 2009. Violence and Aggression, Spinney Press, Thirroul.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
Prenzier, T. 2009. Ethics and Accountability in Criminal Justice: towards a universal standard.
Australian Academic Press.
Thomas, H. 2009. Judicial Ethics in Australia (3rd Edition). Lexis Nexis, Chatswood.
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White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Websites
ACT Corrective Services (on line)
<www.cs.act.gov.au>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
County Court of Victoria (on line)
<www.countycourt.vic.gov.au>
‘Danielle Come to Judgement’, Victoria Law Foundation, (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/87
‘Death at Blue Hills’, Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/88>
Law for You (on line)
<http://www.lawforyou.com.au/>
New South Wales Police (on line)
<http://www.police.nsw.gov.au/>
Sentencing Advisory Council (on line)
<www.sentencingcouncil.vic.gov.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
‘We the Jury Teacher Notes’Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/93
These were accurate at time of publication.
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Board Endorsed December 2010 – updated May 2015
Sources of Australian and Tort Law
Value 1.0
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
An awareness of the Australian legal
institutions and processes
Knowledge and understanding of Australian
legal institutions and their processes
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Issues based
The Australian Constitution
 Functions – distribution of power between Commonwealth and States
 The separation of powers
 Rights and protections
Parliament
 The legislative process – Commonwealth and State/territory
 Delegated legislation
The Courts
 Precedents – ratio decidendi, obiter dictum
 Hierarchy of courts and jurisdiction
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Historical Background
 Development of law
 Aboriginal customary law
 English legal system
 Australian Federation
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
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Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
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Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Legal Information Institute (on line)
<http://www.austlii.edu.au>
News Limited Australia (on line)
<http://www.news.com.au>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
These were accurate at the time of publication.
85
Board Endorsed December 2010 – updated May 2015
Human Rights Law and Current Legal Issues
Value 1.0
Prerequisites
Nil
Colleges adopting Human Rights Law 0.5 unit must be aware that there is some content
overlap between, World Order 0.5 and Media, Politics and the Law 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the tension between the
protection of society and the rights and
liberties of the individual
Critically analyse the tension between the
protection of society and the rights and liberties
of the individual
Understand the proposition that all persons
have equal rights and are entitled to be treated
equally under the law
Understand and identify the proposition that all
persons have equal rights and are entitled to be
treated equally under the law
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
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Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Defining human rights
• Historical background
• International documents (treaties, charters, conventions, cases etc)
• Role of United Nations
• Role of International tribunals/courts
Human rights in Australia
• Human rights under common law
• Australian Constitution and human rights
• The development of specific legislation
Protection for human rights
• Rule of law
• Bill of rights vs. Human rights charter
• Human Rights Act(ACT)
• Human Rights Commissions
Provision for human rights
• Welfare as a basic human right
• The law as a guarantee of social welfare right
Rights and obligations under the law
• Personal thought
• Personal expression
• The right to own and enjoy land
• Freedom of movement
• Freedom of assembly
• Freedom of association
Discrimination in Society
• Disadvantaged groups based on:
o Racial Discrimination Act (1975) – Cwlth
o Sex Discrimination Act (1984??) – Cwlth
o Human Rights and Equal Opportunity Act (1986) – Cwlth
o Disability Discrimination Act – Cwlth
o Age Discrimination Act – Cwlth
o Privacy Act (1988) - Cwlth
o Relevant State Discrimination Acts
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Redress
• Application of the Human Rights Act on other laws in society
• Human Rights Commission
• Commonwealth government assistance
• Legal Aid
• Courts
Balancing community rights and individual rights
• Powers of search and seizure of goods
• Entrapment
• Surveillance
• Listening devices
o Privacy of letters
o CCTV cameras
o Monitoring of internet
• Exercising police discretionary powers
o Move on powers
o Curfews
Current issues
• Refugees
• Anti-terrorism laws
• P-plate drivers
• Northern Territory Intervention
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
6. Analysis of legal and social issues involved
7. Development of law and social behaviour related to the issues
8. Reference is to be made to leading cases
9. Study of relevant legislation
10. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
•
•
•
•
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
88
Board Endorsed December 2010 – updated May 2015
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
89
Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews
 Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Andessen, C. 1993, Educational refugees: Malaysian students in Australia. Clayton, Vic.,
Centre of Southeast Asian Studies, Monash University.
Bailey, P. 2008, The Human Rights Enterprise in Australia and Internationally, Lexis Nexis
Butterworths, Chatswood.
Beazer, M & Gray J. 2008, Access and Justice, Oxford University Press, Melbourne.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Burnside, J. 2010, ‘Refugees and human rights’ in Future justice edited by Helen Sykes,
Future Leaders.
Byrnes, A.; Charlesworth, H. and McKinnon, G. 2009, Bill Of Rights in Australia, Politics and
The Law. UNSW Press.
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Board Endorsed December 2010 – updated May 2015
Chappell, J. Chesterman et al. 2009, Politics of human rights In Australia. Port Melbourne,
Vic., Cambridge University Press.
Dalton, D. 2006, Refugees and asylum seekers. Chicago Heinemann Library.
Evans, C. and Evans, S. 2008, Australian Bills of Rights: The Law of the Victorian Charter and
ACT Human Rights Act, Lexis Nexis Butterworths, Chatswood.
Flynn, M. 2003, Human Rights in Australia: treaties, statutes and cases. Chatswood, N.S.W. ,
LexisNexis Butterworths.
Geber, P. 2010, ‘Growing a better future through human rights education’ in Future Justice
edited by Helen Sykes, Future Leaders.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Hamper, D. 2003, ‘Migrants’ in Legal Studies Preliminary. Pearson, South Melbourne. p227282.
Hamper, D. 2003, ‘People who have mental illness or intellectual or physical disability. in
Legal Studies Preliminary. Pearson, South Melbourne, p283-436.
Hamper, D. 2003, ‘Women’ in Legal Studies Preliminary. Pearson, South Melbourne, p283331.
Hamper, D. ‘Youth the aged and people of differing sexual identity’ in Legal studies
preliminary. Pearson, South Melbourne. P332-378.
Healy, J. (ed) 2007, Child poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2002, Poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2006, World poverty. Spinney Press, Thirroul.
Healy, K. (ed) 1998, Native title. Spinney Press, Thirroul.
Kaye, S.and Piotrowicz, R. (eds) 2000, Human Rights and International Australian law.
Butterworths, Chatswood.
Kinley, D. (ed) 1998, Human rights in Australian law: principles, practice and potential.
Federation Press.
Kirby, M. 2010, ‘Homosexuality and love’ in Future Justice edited by Helen Sykes, Future
Leaders.
91
Board Endorsed December 2010 – updated May 2015
Kneebone, S. 2009, Refugees, asylum seekers and the rule of law: comparative perspectives.
New York, Cambridge University Press.
Lanqwith, J. (ed). 2008, Death and dying. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Depression. Jacqueline Lanqwith. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Discrimination. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Human rights. Detroit, Greenhaven.
Lanqwith, J. (ed). 2009, Renewable Energy. Detroit, Greenhaven.
Lanqwith, J. (ed). 2007, Stemcells. Detroit, Greenhaven.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
Luntz, H., Hambly, D., and Burns, K. 2008, Torts: Cases and Commentary, 6th ed. Lexis Nexis
Butterworths, Chatswood.
Maccallum, M. 2002, Girt by sea: Australia, the refugees and the politics of fear. Black Inc.,
Melbourne.
Mansouri, F. 2006, Asylum seekers in Howard's Australia: the social and economic cost of
temporary protection visas. Deakin University, Geelong.
Mares, P. 2002, Borderline: Australia's response to refugees and asylum seekers in the wake
of the Tampa. UNSW Press, Sydney.
Offord, B. 2003, Homosexual rights as human rights: activism in Indonesia, Singapore and
Australia. Oxford, New York.
Parker, M. and Derwent, B. 1995, ‘Case study: Aborigines and the Torres Strait Islanders’ in
Pathways to justice law and society. Book 2. 2nd ed. Longman, p289-333.
Phillips, D. 2009, Human Rights. Chelsea House Publishers, New York.
Reid, A. 1998, ‘Merdeka: The concept of freedom in Indonesia’ in Asian freedoms : the idea
of Freedom in East and South east Asia. Ed by David Kelly and Anthony Reid. Cambridge,
Melbourne, P141-160.
Robinson, J. 2010, ‘Self-determination and the limits of justice : West Papua and East Timor’
in Future Justice edited by Helen Sykes, Future Leaders.
Saul and Crock. 2006, Future seekers II: refugees and irregular migration In Australia.
Annandale, N.S.W.: Federation Press.
Saul and Crock. 2006, Future Seekers: refugees and law in Australia. Annandale, N.S.W.:
Federation Press.
92
Board Endorsed December 2010 – updated May 2015
Saunders, C. 2010, ‘The Australian Constitution and our rights’ in Future Justice edited by
Helen Sykes, Future Leaders.
Soliz, Adela (ed) 2006, Human Rights. Detroit, Greenhaven.
Wallace, J. and Pagone, T. 1990, Rights and Freedoms in Australia. Federation Press.
Whittaker, D. 2006, Asylum seekers and refugees in the contemporary world. Oxfordshire,
England : Routledge.
Williams, G. 2010, ‘The Victorian Charter of human rights and responsibilities’ rights’ in
Future Justice edited by Helen Sykes, Future Leaders.
Newspaper Articles
‘Australian Government’s hard line’. Jakarta Post. p19 23 Jul 2005.
Banham, Cynthia (2008) ‘Afghans sent home to die’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/afghans-sent-home-todie/2008/10/26/1224955853319.html
Banham, Cynthia (2008) ‘It's hell for Afghans we rejected’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/its-hell-for-afghans-werejected/2008/10/26/1224955854962.html
Cronin, Danielle. (2008) ‘Compensation call for detention centre 'victims'’. The Canberra
Times, 30 Oct. http://www.canberratimes.com.au/news/local/news/general/compensationcall-for-detention-centre-victims/1347263.aspx
‘Fear of the known’ Sydney Morning Herald. 27 Oct 2008.
http://www.smh.com.au/news/entertainment/tv--radio/fear-of-theknown/2008/11/17/1226770329274.html
‘Royal commission call as refugees killed’ The Australian. 27 Oct 2008.
http://www.safecom.org.au/well-founded-fear.htm
Shears, Richard. ‘Getting tough on refugees’. Daily Mail. P36 29 Sep 2001.
Skelton, Russell. ‘Files risk halts flow of refugees, Australia acts on Syrian demands’. The
Age. P4 30 Jan 2010.
Toy, Mary Anne. ‘Tragedy of refugee Australia sent back’. Sydney Morning Herald. P19 21
Jun 2008.
‘Treatment of asylum seekers condemned by group’. Peace River Block Daily News. p12. 10
Dec 2002.
Weaver, Matthew. (2008). ‘Taliban killed Afghan asylum seekers that Australia sent back,
report claims’ The Guardian, 27 Oct.
http://www.guardian.co.uk/world/2008/oct/27/australia-afghanistan
93
Board Endorsed December 2010 – updated May 2015
Journal Articles
Fisk, L. 2006, ‘Politics of exclusion, practice of inclusion: Australia’s response to refugees and
the case for community based human rights’. The International Journal of Human Rights.
Vol 10, No 3 September. pp 219-229.
Fleay, C. 2008, ‘Engaging in human rights diplomacy: the Australia-China bilateral dialogue
approach’. The International Journal of Human Rights. Vol 12, Issue 2 pp 233-252.
Palmer, D. 2009, ‘The quest for wriggle room: Australia and the Refugee Convention, 1953’.
Australian Journal of International Affairs. Vol 63, Issue 2, June pp 290-308.
Pugliese, J. 2004, ‘The incommensurability of law to justice: refugees and Australia’s
temporary protection visa’. Law and Literature, Vol 16, No 3 (Autumn) pp 285-311.
Schweitzer, Perkoudlidis, Krome, [et al]. 2005, Attitudes towards refugees: the dark side of
prejudice in Australia’. Australian Journal of Psychology. Vol 57, Issue 3 December. Pp 170179.
Michaelsen, C. 2005, ‘Derogating from international human rights, obligations in the war
against terrorism? : A British – Australia perspective’. Terrorism and Political Violence. Vol
17 No 1.
Web sites
Web Law on Human Rights (on line)
<http://www.weblaw.edu.au/weblaw/display_page.phtml?WebLaw_Page=Human+Rights>
ABC (on line)
<http://www.abc.net.au/civics/rights/default.htm>
ACT Human Rights Office (on line)
<http://www.hro.act.gov.au/index.html>
Australian Human Rights Centre (on line)
<http://www.ahrcentre.org/>
Commonwealth Department of Foreign Affairs and Trade (on line)
<http://www.dfat.gov.au/hr>
Federal Discrimination Law Online
<http://www.hreoc.gov.au/legal/FDL/index.html>
Genocide – Learning Experiences and Instruction (on line)
<http://urbandreams.ousd.k12.ca.us/lessonplans/genocide/learningexperience.html>
History of Human Rights (on line)
<http://www.universalrights.net/main/histof.htm>
Human Rights and Equal Opportunity Commission (on line) <http://www.hreoc.gov.au/>
Human Rights Watch (on line)
<www.hrw.org>
Let’s talk about rights – Toolkit (online)
<http://www.humanrights.gov.au/letstalkaboutrights/info.html>
Parliament House and the Parliamentary Library (on line)
<http://www.aph.gov.au/library/intguide/law/civlaw.htm>
The Centre for Public Law, University of New South Wales (on line)
<http://www.gtcentre.unsw.edu.au/bills-of-rights-resources-arguments-for-andagainst.asp>
The Human Rights Council of Australia (on line)
<http://www.hrca.org.au>
United Nations Cyber School Bus – Global Teaching and Learning projects (on line)
<http://www.cyberschoolbus.un.org/crc/motion.html>
ACT Human Rights Commission (on line)
Aljazeera, Doha, Qatar. (on line)
<http://www.hrc.act.gov.au/>
<http://english.aljazeera.net/>
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Amnesty International Australia. (on line)
<http://www.amnesty.org.au/>
Amnesty International. (on line)
<http://www.amnesty.org/>
Anti-Discrimination Commission Queensland (on line)
<http://www.adcq.qld.gov.au>
Australian Human Rights Commission (on line)
Australian Human Rights Group (on line)
<www.hreoc.gov.au>
<http://www.humanrightsact.com.au>
Equal Opportunity Commission South Australia (on line)
Human Rights Commission of Malaysia (on line)
<http://www.eoc.sa.gov.au>
<http://www.suhakam.org.my>
Library of Congress (USA) Declaration of Independence (4 July 1776) and Bill of Rights (25
September 1789.) (on line)
<http://memory.loc.gov/ammem/help/constRedir.html>
Non-Singapore Government site (on line)
<http://www.thinkcentre.org>
Office of the anti discrimination Commissioner, Tasmania (on line)
<http://www.antidiscrimination.tas.gov.au/>
Singaporeans for Human Rights (on line)
United Nations Human Rights (on line)
<http://www.sghumanrights.org>
<http://www.un.org/en/rights/>
United Nations Refugee Agency (on line)
<www.unhcr.org>
Universal Declaration of Human Rights (on line) <http://www.un.org/en/documents/udhr/>
Victorian Equal Opportunity & Human Rights Commission (on line)
<http://www.equalopportunitycommission.vic.gov.au/home.asp>
Audio Visual
Australian Story Series, ABC TV
Four Corners Series, ABC TV
In the Name of the Father (video)
Reality Bites Series, ABC TV
Sunday, Nine Network
Australia's Anti-Terror Laws. ABC, Sydney, 2007
Brunuel, Diego. Don't Tell My Mother I'm in the Holy Land. National Geographic,
Washington, c2009.
In Detention - Locking Up Asylum Seekers . Video Education Australasia, Bendigo, 2004
Moore, Michael. Fahrenheit 9/11. IMBPro. London, 2004.
Well-Founded Fear. SBS, Sydney, 2008
*These were accurate at the time of publication.
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Board Endorsed December 2010 – updated May 2015
Family Law and Consumer Law
Value 1.0
Prerequisites
Nil.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
Demonstrate an awareness of the legal
significance of everyday consumer transactions
Demonstrate a knowledge of the legal
significance of everyday consumer transactions
Apply consumer rights and responsibilities to
consumer transactions
Critically analyse and apply consumer rights and
responsibilities to consumer transactions
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
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Board Endorsed December 2010 – updated May 2015
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
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Consumer transactions
• Definition
• Types
Elements of a contract
• Intention to create legal relations
• Offer
• Acceptance
• Consideration
• Capacity
Problems that may arise
• Mistake
• Illegality
• Minors
• Mental status
• Misrepresentation
• Abuse of position of dominance
• Unfair and unconscionable contract
• Estoppel
Remedies
• Conditions and warranties
• Types of remedies
Relevant legislation
• Trade Practices Act (Cth)
• Fair Trading Acts (States/Territories)
• Other specific legislation
Avenues for redress
• Small Claims Court
• Industry dispute and resolution bodies
• Consumer Affairs Bureau
• Credit Tribunal
• Media
Exceptions and special cases of contract
• Insurance
• Corporations
• Cyber contracts
Credit agreements
• Credit cards
• Personal loans and other
• Consumer Credit Codes
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Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
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Specific Unit Resources
Books
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Web sites
The Family Court of Australia (on line)
ABC (on line)
<www.familycourt.gov.au >
<http://www.abc.net.au/civics/rights/default.htm>
Child Support Agency (on line)
<http://www.csa.gov.au/>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
Family Law Advice (on line)
and-justice/family-law>
Family Relationship Centres (on line)
<http://www.dvcs.org.au/>
<http://australia.gov.au/topics/law<www.familyrelationships.gov.au/frc>
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Audio Visual
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
Reality Bites Series, ABC TV
Sunday, Nine Network
*These were accurate at time of publication.
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Australian Law and Sport and the Law
Value 1.0
Prerequisites
It is recommended that at least one The Introduction to Introduction to Legal Systems 0.5
and/or Sources of Australian Law 0.5 are completed before undertaking this unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
An awareness of the Australian legal
institutions and processes
Knowledge and understanding of Australian
legal institutions and their processes
Demonstrate an awareness of the relationship
between sport, society and the law
Demonstrate a working knowledge of the
relationship between sport, society and the law
Understand the ability of the legal system in
dealing with sports issues.
Critically evaluate the ability of the legal system
in dealing with sports issues.
Issues/case law based
The Australian Constitution
 Functions – distribution of power between Commonwealth and States
 The separation of powers
 Rights and protections
Parliament
 The legislative process – Commonwealth and State/territory
 Delegated legislation
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The Courts
 Precedents – ratio decidendi, obiter dictum
 Hierarchy of courts and jurisdiction
Historical Background
 Development of law
 Aboriginal customary law
 English legal system
 Australian Federation
The relationship between sport and the law
• Terminology and legal principles
• Stakeholders (public, business and players)
• Tribunals, courts, codes of conduct and procedures
• Areas of the law: torts, contracts, criminal law, employment law
Discrimination laws and sport
• Pregnancy
• Sexuality
• Age
• Gender
• Disability
• Racial issues
o Vilification
o Quotas (e.g. South African cricket team, mixed netball teams)
Drug laws and sport
• Performance enhancing
• Recreational drugs
• Codes, courts and tribunals
• Testing restrictions
• Personal right
• Privacy
Contracts and sport
• Stakeholders
• Complications with professional sport (media, limited professional span, etc)
• Codes, courts and tribunals
• Cheating – e.g. Ireland and the handball controversy
• Stadium contracts
• Broadcast and media rights and obligations
• Sponsorship
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Effectiveness of the law in dealing with professional players
• Case studies related to sporting celebrities and professional players
• Case studies related to sporting role models and their private lives
• Case studies related to social issues and popular opinion
• Case studies related to trial by media/public
Criminal law and sport
• Crimes against the person
o Assault – consent
• Economic crimes (e.g. fraud)
Torts and sport
• Assault and battery - volenti non fit injuria
• Negligence
• Defamation
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
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Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit ResourcesBooks
Baskind, E., Pearson, G. and Parrish, R. 2008, Sports Law, Pearson Education Limited,
Australia.
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Jones, M. E. 1999, Sports Law. University of Massachusetts, Lowell.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
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Web sites
Australian Council of Trade Unions (on line)
<http://www.actu.asn.au/>
Australian Industrial Relations Commission (on line)
<http://www.airc.gov.au/>
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
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Legal Systems and Torts
Value 1.0
This unit combines Introduction to Legal Systems 0.5 with Torts 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand how law is defined and the nature
of justice
Knowledge and understanding of how law is
defined and the nature of justice
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Issues/case law based
Defining Law
 Laws, rules, norms, customs
 Concept of the rule of law
 Influences on the law: social, cultural, moral, political and economic, physical
 Principles of jurisdiction
 World systems e.g. common law, civil law, Islamic laws, customary laws
 Different types of laws-public/private; civil/criminal
Nature of Justice
 Characteristics of a just law or judicial decision
 Relationship between justice, fairness and equity
 Notion of equality
 Access to justice in Australia
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Board Endorsed December 2010 – updated May 2015
Classification of Laws
 Public and Private Law – e.g. administrative, common, customary, canon, military,
environment, family, etc.
 Civil vs Criminal Laws
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
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Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
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Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
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Board Endorsed December 2010 – updated May 2015
Web sites
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
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Gen Z and Current Legal Issues
Value 1.0
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an understanding of the rights
and responsibilities of young people.
Demonstrate knowledge of the conflict
between the rights and responsibilities of young
people.
Understand the effectiveness of the law for
young people.
Critically evaluate the effectiveness of the law
and response to young people.
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
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Key legal concepts and principles
• Definitions of adult, juvenile, youth, child.
o Categorisation under the law
• Historical background
• Socio-cultural dynamics
• Relationship dynamics
Economic Issues and development
• Employment
• Financial decision making
o Purchasing goods and services
Social Issues
• Family Issues
• Sexual Issues
• Drugs
• Alcohol
• Driving
• Relationships
• Cyber Issues
• Education - Earn or Learn
• Bullying
• Welfare benefits
Personal Integrity Issues
• Medical Issues
• Freedom of movement
Criminal Issues
• Procedures and process
• Justice
o Restorative practices
Legal Responsiveness
• Policy issues
• Empowerment and representation
• Reform
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
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This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
11. Analysis of legal and social issues involved
12. Development of law and social behaviour related to the issues
13. Reference is to be made to leading cases
14. Study of relevant legislation
15. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
114
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.
 Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)
 Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews
 Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
115
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
Web sites
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Children’s and Youth Law Centre (on line)
<http://www.ncylc.org.au/navabout.htm>
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
These were accurate at the time of publication.
116
Board Endorsed December 2010 – updated May 2015
Media, Politics and Family Law
Value 1.0
Prerequisites
Nil.
Colleges adopting Media, Politics and the Law 0.5 unit must be aware that there is some
content overlap between Human Rights 0.5 and World Order 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Show an understanding of the power structures Demonstrate a knowledge of the power
within the legal and political systems
structures within the legal and political systems
Understand the influences of the individual, the Critically evaluate the interaction of the
media, the government and international
individual, the media, the government and
bodies on law making in Australia.
international bodies on law making in Australia.
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
117
Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
What makes a good Law?
• Balance of rights and responsibilities
• Common good balanced against the rights of individuals
• Justice, equity and fairness
Separation of Powers
• The Legislature - Federal and State relations
o The Constitution
o Exclusive, concurrent and residual powers
o Powers under S.51 –defence, external affairs, corporations, etc
o Federalism – expansion, specific purpose grants, etc
• The Judiciary
o High Court – judicial independence
• The Role of the Executive
o Ministerial government
o Public Service
• Republic - Comparison to other systems
International Political influences and media coverage
• Stakeholders
• International events
• Foreign treaties, covenants, and protocols
• Question of national sovereignty
Infringement of individual rights
• Freedom from arbitrary arrest
• Proposed Charter of Rights
• Freedom of Assembly
• Freedom of Association
o The Communist Party case
o Trade Unions
o The Bikie Gangs
118
Board Endorsed December 2010 – updated May 2015
The Power of the Press
• Balance provided by a free press
o Fourth arm of government
o Influence of media on elections
o Influence of media on government policy
o Freedom of Information
o Protection of sources
o Pressure and lobby groups
o Case study - Watergate
• Legal control on the media
o Media ownership laws
o ACMA
o Censorship
o Implied Governmental Immunity
o Defamation
o Contempt of court – publication, suppression, closed court.
Individual participation in Government
• Forms of community consultation
• Informed and critical citizens
• Transparency of legal process
• Accessibility of law – Legal Aid
• Reform
Current legal Issues
• Changing technology
o Blogs, Twitter, etc.
• Access to justice
• The Intervention
• Adversarial system
• State v Federal Powers
• Anti-bikie legislation
Citizen Rights against the State
• Natural justice – Admin law
o Bias rule
o Fair Hearing rule
• Tribunals – tax, social security, sport, etc
• AAT
• ADJR
• Ombudsman
• Freedom of Information
119
Board Endorsed December 2010 – updated May 2015
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
120
Board Endorsed December 2010 – updated May 2015
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.
 Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
121
Board Endorsed December 2010 – updated May 2015
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B. & Brassil, D 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al 2000, Legal Studies HSC, Longman, Melbourne.
Aldous, J. 2008, Making & Breaking The Law : VCE Units 3 & 4, 8th Ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, Des & Rodrick, S. 2007, Australian Media Law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal Studies : Preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst : The Power Of The Media And The Public To Make Change, UQP, St.
Lucia, Qld.
Kovach, B. And Rosenstiel, T. 2007, The Elements Of Journalism: What Newspeople Should
Know And The Public Should Expect, Revised Updated Edition, Three Rivers.
Mallam, P., Dawson S. & Moriarty, J. 2005, Media And Internet Law And Practice, Rev Ed.
Thomson Lawbook Co, Pyrmont, N.S.W., 3 V. (Loose-Leaf).
McConnell, W.S. 2006, Watergate, An Issue In History, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major Principles Of Media Law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues And Cases, Mcgraw-Hill.
Solomon, D. 2007, Pillars Of Power : Australia’s Institutions, Federation, Annandale, N.S.W.
Aldous, J. 2008, Making & breaking the law : VCE units 3 & 4, 8th ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, D. & Rodrick, S. 2007, Australian media law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal studies : HSC, Pearson Education, Melbourne.
Hamper, D. et al. 2007, Legal studies : preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst: the power of the media and the public to make change, UQP, St.
Lucia, Qld.
Kovach, B. and Rosenstiel, T. 2007, The Elements of Journalism: What Newspeople Should
Know and the Public Should Expect, Three Rivers, Rev Upd edn.
122
Board Endorsed December 2010 – updated May 2015
Mallam, P., Dawson, S. & Moriarty, J. 2005, Media and Internet law and practice, rev ed.
Thomson Lawbook Co, Pyrmont, N.S.W.
McConnell, W.S. 2006, Watergate: an issue in history, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major principles of media law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues and Cases, McGraw-Hill.
Solomon, D. 2007, Pillars of power : Australia’s institutions, Federation, Annandale, N.S.W.
Web sites
ACMA (online)
<http://www.acma.gov.au>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Copyright Council (online)
<http://www.copyright.org.au>
Australian Federation against Copyright Theft (online)
<http://www.afact.org.au>
Australian Government (online)
<http://www.fed.gov.au>
Australian Government law sites (online)
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_AustralianGovernm
entlawsites
Australian Human Rights Commission (online)
<http://www.humanrights.gov.au>
Communications Law Centre (online)
<http://www.law.uts.edu.au/comslaw/>
Copyright or copywrong (online)
<http://www.copyrightorcopywrong.info/>
Environment Australia (online)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (online)
<http://www.edo.org.au>
123
Board Endorsed December 2010 – updated May 2015
Forestry Australia (online)
<http://www.nafi.com.au/home.html>
Global voices (online)
<http://globalvoicesonline.org/>
Greenpeace (online)
<http://www.greenpeace.org>
Human Rights And Equal Opportunity Commission (online)
<http://www.humanrights.gov.au/>
Intellectual Property Awareness Foundation (online)
<http://www.ipawareness.com.au/Home/>
National Parks and Wildlife Service (NSW) (online)
<http://www.npws.nsw.gov.au>
Legal Aid ACT (online)
<http://www.legalaid.canberra.net.au/>
NSW Environment Protection Authority (online)
<http://www.epa.nsw.gov.au>
Office of the Privacy Commissioner (online)
http://www.privacy.gov.au/
Parliamentary Education Office (online)
<http://www.peo.gov.au/>
Terrorism, Policing And The Media: Controversial Speech By Mick Keelty 2008,
<http://australianpolitics.com/2008/01/29/mick-keelty-speech-on-terrorism.html>
Wilderness Society (online)
<http://www.wilderness.org.au>
124
Board Endorsed December 2010 – updated May 2015
Journal Articles
Secrecy Laws and Open Government in Australia 2010, Report 112, Australian Law Reform
Commission
Chesterman, M. 2005, “Criminal trial juries and media reporting”, Infocus; item no. 2418,
State Library of N.S.W., Sydney.
Irving, Dr. H. 2005, “Changing law by parliament”, Legaldate
Keim, S. 2007, “Reflections upon the trial of Dr Haneef”, Precedent
McKinnon, K. 2004, “Courts, juries and the media”, Australian Press Council News
Mowbray, J. and Rolph, D. 2009, “It's a jungle out there: the legal implications of
Underbelly”, in Communications Law Bulletin
Urbas, G. & Gani, M. 2005, The attributes of a fair trial in Australian law, Infocus item no.
2421, State Library of N.S.W., Sydney.
Audio VisualErin Brockovich (video)
These were accurate at the time of publication.
125
Board Endorsed December 2010 – updated May 2015
Human Rights, Media, Politics & the Law
Value 1.0
This unit combines Human Rights Law 0.5 with Media, Politics and the Law 0.5.
Prerequisites
Nil
Colleges adopting Human Rights Law 0.5 unit must be aware that there is some content
overlap between, World Order 0.5 and Media, Politics and the Law 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the tension between the
protection of society and the rights and
liberties of the individual
Critically analyse the tension between the
protection of society and the rights and liberties
of the individual
Understand the proposition that all persons
have equal rights and are entitled to be treated
equally under the law
Understand and identify the proposition that all
persons have equal rights and are entitled to be
treated equally under the law
Show an understanding of the power structures Demonstrate a knowledge of the power
within the legal and political systems
structures within the legal and political systems
Understand the influences of the individual, the Critically evaluate the interaction of the
media, the government and international
individual, the media, the government and
bodies on law making in Australia.
international bodies on law making in Australia.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
126
Board Endorsed December 2010 – updated May 2015
Issues/case law based
Defining human rights
• Historical background
• International documents (treaties, charters, conventions, cases etc)
• Role of United Nations
• Role of International tribunals/courts
Human rights in Australia
• Human rights under common law
• Australian Constitution and human rights
• The development of specific legislation
Protection for human rights
• Rule of law
• Bill of rights vs. Human rights charter
• Human Rights Act(ACT)
• Human Rights Commissions
Provision for human rights
• Welfare as a basic human right
• The law as a guarantee of social welfare right
Rights and obligations under the law
• Personal thought
• Personal expression
• The right to own and enjoy land
• Freedom of movement
• Freedom of assembly
• Freedom of association
Discrimination in Society
• Disadvantaged groups based on:
o Racial Discrimination Act (1975) – Cwlth
o Sex Discrimination Act (1984??) – Cwlth
o Human Rights and Equal Opportunity Act (1986) – Cwlth
o Disability Discrimination Act – Cwlth
o Age Discrimination Act – Cwlth
o Privacy Act (1988) - Cwlth
o Relevant State Discrimination Acts
127
Board Endorsed December 2010 – updated May 2015
Redress
• Application of the Human Rights Act on other laws in society
• Human Rights Commission
• Commonwealth government assistance
• Legal Aid
• Courts
Balancing community rights and individual rights
• Powers of search and seizure of goods
• Entrapment
• Surveillance
• Listening devices
o Privacy of letters
o CCTV cameras
o Monitoring of internet
• Exercising police discretionary powers
o Move on powers
o Curfews
Current issues
• Refugees
• Anti-terrorism laws
• P-plate drivers
• Northern Territory Intervention
What makes a good Law?
• Balance of rights and responsibilities
• Common good balanced against the rights of individuals
• Justice, equity and fairness
Separation of Powers
• The Legislature - Federal and State relations
o The Constitution
o Exclusive, concurrent and residual powers
o Powers under S.51 –defence, external affairs, corporations, etc
o Federalism – expansion, specific purpose grants, etc
• The Judiciary
o High Court – judicial independence
• The Role of the Executive
o Ministerial government
o Public Service
• Republic - Comparison to other systems
128
Board Endorsed December 2010 – updated May 2015
International Political influences and media coverage
• Stakeholders
• International events
• Foreign treaties, covenants, and protocols
• Question of national sovereignty
Infringement of individual rights
• Freedom from arbitrary arrest
• Proposed Charter of Rights
• Freedom of Assembly
• Freedom of Association
o The Communist Party case
o Trade Unions
o The Bikie Gangs
The Power of the Press
• Balance provided by a free press
o Fourth arm of government
o Influence of media on elections
o Influence of media on government policy
o Freedom of Information
o Protection of sources
o Pressure and lobby groups
o Case study - Watergate
• Legal control on the media
o Media ownership laws
o ACMA
o Censorship
o Implied Governmental Immunity
o Defamation
o Contempt of court – publication, suppression, closed court.
Individual participation in Government
• Forms of community consultation
• Informed and critical citizens
• Transparency of legal process
• Accessibility of law – Legal Aid
• Reform
Current legal Issues
• Changing technology
o Blogs, Twitter, etc.
• Access to justice
• The Intervention
• Adversarial system
• State v Federal Powers
• Anti-bikie legislation
Citizen Rights against the State
• Natural justice – Admin law
o Bias rule
o Fair Hearing rule
129
Board Endorsed December 2010 – updated May 2015
•
•
•
•
•
Tribunals – tax, social security, sport, etc
AAT
ADJR
Ombudsman
Freedom of Information
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
130
Board Endorsed December 2010 – updated May 2015
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Aldous, J. 2008, Making & Breaking The Law: VCE Units 3 & 4, 8th Ed., Macmillan, South
Yarra.
Andessen, C. 1993, Educational refugees: Malaysian students in Australia. Clayton, Vic.,
Centre of Southeast Asian Studies, Monash University.
Bailey, P. 2008, The Human Rights Enterprise in Australia and Internationally, Lexis Nexis
Butterworths, Chatswood.
Beazer, M & Gray J. 2008, Access and Justice, Oxford University Press, Melbourne.
Bloy, D. 2007, Media Law, Sage Publications, London.
Brassil, B. & Brassil, D 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Burnside, J. 2010, ‘Refugees and human rights’ in Future justice edited by Helen Sykes,
Future Leaders.
Butler, Des & Rodrick, S. 2007, Australian Media Law, Lawbook, Sydney.
Byrnes, A.; Charlesworth, H. and McKinnon, G. 2009, Bill Of Rights in Australia, Politics and
The Law. UNSW Press.
Chappell, J. Chesterman et al. 2009, Politics of human rights In Australia. Port Melbourne,
Vic., Cambridge University Press.
Dalton, D. 2006, Refugees and asylum seekers. Chicago Heinemann Library.
Evans, C. and Evans, S. 2008, Australian Bills of Rights: The Law of the Victorian Charter and
ACT Human Rights Act, Lexis Nexis Butterworths, Chatswood.
Flynn, M. 2003, Human Rights in Australia: treaties, statutes and cases. Chatswood, N.S.W. ,
LexisNexis Butterworths.
131
Board Endorsed December 2010 – updated May 2015
Geber, P. 2010, ‘Growing a better future through human rights education’ in Future Justice
edited by Helen Sykes, Future Leaders.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. ‘Youth the aged and people of differing sexual identity’ in Legal studies
preliminary. Pearson, South Melbourne. P332-378.
Hamper, D. 2003, ‘Migrants’ in Legal Studies Preliminary. Pearson, South Melbourne. p227282.
Hamper, D. 2003, ‘People who have mental illness or intellectual or physical disability. in
Legal Studies Preliminary. Pearson, South Melbourne, p283-436.
Hamper, D. 2003, ‘Women’ in Legal Studies Preliminary. Pearson, South Melbourne, p283331.
Hamper, D. et al 2000, Legal Studies HSC, Longman, Melbourne.
Hamper, D. et al. 2007, Legal Studies: HSC, Pearson Education, Melbourne.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Healy, J. (ed) 2002, Poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2006, World poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2007, Child poverty. Spinney Press, Thirroul.
Healy, K. (ed) 1998, Native title. Spinney Press, Thirroul.
Kaye, S.and Piotrowicz, R. (eds) 2000, Human Rights and International Australian law.
Butterworths, Chatswood.
King, M. 2005, Catalyst: The Power Of The Media And The Public To Make Change, UQP, St.
Lucia, Qld.
Kinley, D. (ed) 1998, Human rights in Australian law: principles, practice and potential.
Federation Press.
Kirby, M. 2010, ‘Homosexuality and love’ in Future Justice edited by Helen Sykes, Future
Leaders.
Kneebone, S. 2009, Refugees, asylum seekers and the rule of law: comparative perspectives.
New York, Cambridge University Press.
Kovach, B. And Rosenstiel, T. 2007, The Elements Of Journalism: What Newspeople Should
Know And The Public Should Expect, Revised Updated Edition, Three Rivers.
132
Board Endorsed December 2010 – updated May 2015
Kovach, B. and Rosenstiel, T. 2007, The Elements of Journalism: What Newspeople Should
Know and the Public Should Expect, Three Rivers, Rev Upd edn.
Lanqwith, J. (ed). 2007, Stemcells. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Death and dying. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Depression. Jacqueline Lanqwith. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Discrimination. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Human rights. Detroit, Greenhaven.
Lanqwith, J. (ed). 2009, Renewable Energy. Detroit, Greenhaven.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
Luntz, H., Hambly, D., and Burns, K. 2008, Torts: Cases and Commentary, 6th ed. Lexis Nexis
Butterworths, Chatswood.
Maccallum, M. 2002, Girt by sea: Australia, the refugees and the politics of fear. Black Inc.,
Melbourne.
Mallam, P., Dawson, S. & Moriarty, J. 2005, Media and Internet law and practice, rev ed.
Thomson Lawbook Co, Pyrmont, N.S.W.
Mansouri, F. 2006, Asylum seekers in Howard's Australia: the social and economic cost of
temporary protection visas. Deakin University, Geelong.
Mares, P. 2002, Borderline: Australia's response to refugees and asylum seekers in the wake
of the Tampa. UNSW Press, Sydney.
McConnell, W.S. 2006, Watergate, An Issue In History, Greenhaven, Detroit.
Offord, B. 2003, Homosexual rights as human rights: activism in Indonesia, Singapore and
Australia. Oxford, New York.
Overbeck, W. and Belmas, G. 2010, Major principles of media law, Wadsworth.
Parker, M. and Derwent, B. 1995, ‘Case study: Aborigines and the Torres Strait Islanders’ in
Pathways to justice law and society. Book 2. 2nd ed. Longman, p289-333.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues and Cases, McGraw-Hill.
Phillips, D. 2009, Human Rights. Chelsea House Publishers, New York.
Reid, A. 1998, ‘Merdeka: The concept of freedom in Indonesia’ in Asian freedoms : the idea
of Freedom in East and South east Asia. Ed by David Kelly and Anthony Reid. Cambridge,
Melbourne, P141-160.
Robinson, J. 2010, ‘Self-determination and the limits of justice : West Papua and East Timor’
in Future Justice edited by Helen Sykes, Future Leaders.
Saul and Crock. 2006, Future Seekers: refugees and law in Australia. Annandale, N.S.W.:
Federation Press.
133
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Saunders, C. 2010, ‘The Australian Constitution and our rights’ in Future Justice edited by
Helen Sykes, Future Leaders.
Soliz, Adela (ed) 2006, Human Rights. Detroit, Greenhaven.
Solomon, D. 2007, Pillars Of Power : Australia’s Institutions, Federation, Annandale, N.S.W.
Wallace, J. and Pagone, T. 1990, Rights and Freedoms in Australia. Federation Press.
Whittaker, D. 2006, Asylum seekers and refugees in the contemporary world. Oxfordshire,
England : Routledge.
Williams, G. 2010, ‘The Victorian Charter of human rights and responsibilities’ rights’ in
Future Justice edited by Helen Sykes, Future Leaders.
Newspaper Articles
‘Australian Government’s hard line’. Jakarta Post. p19 23 Jul 2005.
Banham, Cynthia (2008) ‘Afghans sent home to die’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/afghans-sent-home-todie/2008/10/26/1224955853319.html
Banham, Cynthia (2008) ‘It's hell for Afghans we rejected’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/its-hell-for-afghans-werejected/2008/10/26/1224955854962.html
Cronin, Danielle. (2008) ‘Compensation call for detention centre 'victims'’. The Canberra
Times, 30 Oct. http://www.canberratimes.com.au/news/local/news/general/compensationcall-for-detention-centre-victims/1347263.aspx
‘Fear of the known’ Sydney Morning Herald. 27 Oct 2008.
http://www.smh.com.au/news/entertainment/tv--radio/fear-of-theknown/2008/11/17/1226770329274.html
‘Royal commission call as refugees killed’ The Australian. 27 Oct 2008.
http://www.safecom.org.au/well-founded-fear.htm
Shears, Richard. ‘Getting tough on refugees’. Daily Mail. P36 29 Sep 2001.
Skelton, Russell. ‘Files risk halts flow of refugees, Australia acts on Syrian demands’. The
Age. P4 30 Jan 2010.
Toy, Mary Anne. ‘Tragedy of refugee Australia sent back’. Sydney Morning Herald. P19 21
Jun 2008.
‘Treatment of asylum seekers condemned by group’. Peace River Block Daily News. p12. 10
Dec 2002.
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Weaver, Matthew. (2008). ‘Taliban killed Afghan asylum seekers that Australia sent back,
report claims’ The Guardian, 27 Oct.
http://www.guardian.co.uk/world/2008/oct/27/australia-afghanistan
Journal Articles
Chesterman, M. 2005, “Criminal trial juries and media reporting”, Infocus; item no. 2418,
State Library of N.S.W., Sydney.
Fisk, L. 2006, ‘Politics of exclusion, practice of inclusion: Australia’s response to refugees and
the case for community based human rights’. The International Journal of Human Rights.
Vol 10, No 3 September. pp 219-229.
Fleay, C. 2008, ‘Engaging in human rights diplomacy: the Australia-China bilateral dialogue
approach’. The International Journal of Human Rights. Vol 12, Issue 2 pp 233-252.
Irving, Dr. H. 2005, “Changing law by parliament”, Legaldate
Keim, S. 2007, “Reflections upon the trial of Dr Haneef”, Precedent
McKinnon, K. 2004, “Courts, juries and the media”, Australian Press Council News
Michaelsen, C. 2005, ‘Derogating from international human rights, obligations in the war
against terrorism? : A British – Australia perspective’. Terrorism and Political Violence. Vol
17 No 1.
Mowbray, J. and Rolph, D. 2009, “It's a jungle out there: the legal implications of
Underbelly”, in Communications Law Bulletin
Palmer, D. 2009, ‘The quest for wriggle room: Australia and the Refugee Convention, 1953’.
Australian Journal of International Affairs. Vol 63, Issue 2, June pp 290-308.
Pugliese, J. 2004, ‘The incommensurability of law to justice: refugees and Australia’s
temporary protection visa’. Law and Literature, Vol 16, No 3 (Autumn) pp 285-311.
Schweitzer, Perkoudlidis, Krome, [et al]. 2005, Attitudes towards refugees: the dark side of
prejudice in Australia’. Australian Journal of Psychology. Vol 57, Issue 3 December. Pp 170179.
Secrecy Laws and Open Government in Australia 2010, Report 112, Australian Law Reform
Commission
Urbas, G. & Gani, M. 2005, The attributes of a fair trial in Australian law, Infocus item no.
2421, State Library of N.S.W., Sydney.
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Web sites
ABC (on line)
<http://www.abc.net.au/civics/rights/default.htm>
ACMA (online)
<http://www.acma.gov.au>
ACT Human Rights Commission (on line)
<http://www.hrc.act.gov.au/>
ACT Human Rights Office (on line)
<http://www.hro.act.gov.au/index.html>
Aljazeera, Doha, Qatar. (on line)
<http://english.aljazeera.net/>
Amnesty International Australia. (on line)
<http://www.amnesty.org.au/>
Amnesty International. (on line)
<http://www.amnesty.org/>
Anti-Discrimination Commission Queensland (on line)
<http://www.adcq.qld.gov.au>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Copyright Council (online)
<http://www.copyright.org.au>
Australian Federation against Copyright Theft (online)
<http://www.afact.org.au>
Australian Government (online)
<http://www.fed.gov.au>
Australian Government law sites (online)
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_AustralianGovernm
entlawsites>
Australian Human Rights Centre (on line)
<http://www.ahrcentre.org/>
Australian Human Rights Commission (on line)
<http://www.hreoc.gov.au>
Australian Human Rights Commission (online)
<http://www.humanrights.gov.au>
Australian Human Rights Group (on line)
<http://www.humanrightsact.com.au>
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Commonwealth Department of Foreign Affairs and Trade (on line)
<http://www.dfat.gov.au/hr>
Communications Law Centre (online)
<http://www.law.uts.edu.au/comslaw/>
Copyright or copywrong (online)
<http://www.copyrightorcopywrong.info/>
Environment Australia (online)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (online)
<http://www.edo.org.au>
Equal Opportunity Commission South Australia (on line)
<http://www.eoc.sa.gov.au>
Federal Discrimination Law Online
<http://www.hreoc.gov.au/legal/FDL/index.html>
Forestry Australia (online)
<http://www.nafi.com.au/home.html>
Genocide – Learning Experiences and Instruction (on line)
<http://urbandreams.ousd.k12.ca.us/lessonplans/genocide/learningexperience.html>
Global voices (online)
<http://globalvoicesonline.org/>
Greenpeace (online)
<http://www.greenpeace.org>
History of Human Rights (on line)
<http://www.universalrights.net/main/histof.htm>
Human Rights and Equal Opportunity Commission (on line)
<http://www.hreoc.gov.au/>
Human Rights And Equal Opportunity Commission (online)
<http://www.humanrights.gov.au/>
Human Rights Commission of Malaysia (on line)
<http://www.suhakam.org.my>
Human Rights Watch (on line)
<http://www.hrw.org>
Intellectual Property Awareness Foundation (online)
<http://www.ipawareness.com.au/Home/>
Legal Aid ACT (online)
<http://www.legalaid.canberra.net.au/>
Let’s talk about rights – Toolkit (online)
<http://www.humanrights.gov.au/letstalkaboutrights/info.html>
Library of Congress (USA) Declaration of Independence (4 July 1776) and Bill of Rights (25
September 1789.) (on line)
<http://memory.loc.gov/ammem/help/constRedir.html>
National Parks and Wildlife Service (NSW) (online)
<http://www.npws.nsw.gov.au>
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Non-Singapore Government site (on line)
<http://www.thinkcentre.org>
NSW Environment Protection Authority (online)
<http://www.epa.nsw.gov.au>
Office of the anti discrimination Commissioner, Tasmania (on line)
<http://www.antidiscrimination.tas.gov.au/>
Office of the Privacy Commissioner (online)
< http://www.privacy.gov.au/ >
Parliament House and the Parliamentary Library (on line)
<http://www.aph.gov.au/library/intguide/law/civlaw.htm>
Parliamentary Education Office (online)
<http://www.peo.gov.au/>
Singaporeans for Human Rights (on line)
<http://www.sghumanrights.org>
Terrorism, Policing And The Media: Controversial Speech By Mick Keelty 2008,
<http://australianpolitics.com/2008/01/29/mick-keelty-speech-on-terrorism.html>
The Centre for Public Law, University of New South Wales (on line)
<http://www.gtcentre.unsw.edu.au/bills-of-rights-resources-arguments-for-andagainst.asp>
The Human Rights Council of Australia (on line)
<http://www.hrca.org.au>
United Nations Cyber School Bus – Global Teaching and Learning projects (on line)
<http://www.cyberschoolbus.un.org/crc/motion.html>
United Nations Human Rights (on line)
<http://www.un.org/en/rights/>
United Nations Refugee Agency (on line)
<http://www.unhcr.org>
Universal Declaration of Human Rights (on line)
<http://www.un.org/en/documents/udhr/>
Victorian Equal Opportunity & Human Rights Commission (on line)
<http://www.equalopportunitycommission.vic.gov.au/home.asp>
Web Law on Human Rights (on line)
<http://www.weblaw.edu.au/weblaw/display_page.phtml?WebLaw_Page=Human+Rights>
Wilderness Society (online)
<http://www.wilderness.org.au>
Audio Visual
Australian Story Series, ABC TV
Four Corners Series, ABC TV
In the Name of the Father (video)
Reality Bites Series, ABC TV
Sunday, Nine Network
Australia's Anti-Terror Laws. ABC, Sydney, 2007
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Brunuel, Diego. Don't Tell My Mother I'm in the Holy Land. National Geographic,
Washington, c2009.
In Detention - Locking Up Asylum Seekers . Video Education Australasia, Bendigo, 2004
Moore, Michael. Fahrenheit 9/11. IMBPro. London, 2004.
Well-Founded Fear. SBS, Sydney, 2008
*These were accurate at the time of publication.
139
Board Endorsed December 2010 – updated May 2015
World Order and Family Law
Value 1.0
This unit combines World Order 0.5 with Family Law 0.5.
Prerequisites
Nil.
Colleges adopting World Order 0.5 unit must be aware that there is some content overlap
between Human Rights Law 0.5, Media, Politics and the Law 0.5 and Media, Politics and the
Law 0.5. Overlapping content should not be covered in detail if already studied in another
unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in world order.
Critically analyse the legal and social problems
involved in world order.
Understand the relationship between the
various global and regional players.
Understand and identify the relationship
between the various global and regional
players.
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
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Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Reasons for world order
• Historical overview
• Overview of international law
• Role of global and regional players
Conflict
• Types of conflict
• Limiting conflict
• Impact of conflict
Working for World Order
• World government/ regional federation
• Peace enforcement/Peacekeeping
• Regulation of conduct through war/ Humanitarian intervention
o The Geneva Convention
o Red Cross
• Terrorism and world order
Implementation of international agreements and change
• Historical overview of treaty system and customary law
• Barriers e.g. political systems, State jurisdictions
• Methods for change e.g.
o Force/ Other enforcement mechanisms
o International instruments
o Non-governmental organisations
o The media
o The role of international tribunals
Effectiveness of international law
• For individuals
• For nation states
Trade agreements
• Need for trade agreements
• Effect of trade agreements
• Specific case studies (e.g. Australia & the US, Europe)
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Board Endorsed December 2010 – updated May 2015
International crime
• Types of international crime
• Relationship between international law and domestic laws
• Enforcing international crimes
• An international criminal court
Environmental issues
• Climate change
• Development and access of resources (water)
Refugee Issues
• Migration and immigration
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
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Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
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Board Endorsed December 2010 – updated May 2015
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Barrie Pittock, A. 2005, Climate change: turning up the heat. CSIRO, Collingwood.
Bartlett, C J. 1984, The Global Conflict: the international rivalry of the great powers, 18801970. Longman, London.
Bayliss, J.; Smith, S. 2001, The globalization of world politics: an introduction to international
relations.Oxford University Press, Oxford.
Bekou, O. and Cryer, R. (eds) 2004, International Criminal Court, The. Ashgate/Dartmouth,
Aldershot, Hants, England; Burlington.
Bickerton, I. J.; Hill, M. 2005, The Arab-Israeli conflict. McGraw-Hill, Sydney.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Carew, E. 1996, The language of money. Allen & Unwin, St Leonards.
Cornelius, H. 1989, Everyone Can Win: How To Resolve Conflict. Simon Schuster, Brookvale.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
Devetak, R.; Burke, A.; George, J. 2007, An Introduction To International Relations: Australian
Perspectives. Cambridge University Press, Cambridge.
144
Board Endorsed December 2010 – updated May 2015
Evans, G. 1998, The Penguin Dictionary of International Relations. London: Penguin.
Gilbert, G. 2006, Responding to international crime. Martinus Nijhoff, Leiden, Boston.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Harrison, B. J. The treaty of Versailles and the League of Nations. Brooks, Sydney.
Henson, R. 2008, The Rough guide to climate change. Rough Guides, London.
Hewison, G. 1989, The Global Factor: issues and images in International law.Redfern legal
centre, Redfern
Hibbert, A. 2006, Keeping Peace in the World. Franklin Watts, London.
Hodges, A.,Nilep, C. and Benjamins, J. (eds) 2007, Discourse, war and terrorism. Amsterdam;
Philadelphia.
Huntingdon, S. P. 1998, The clash of civilizations and the remaking of world order.
Touchstone Books (Simon & Schuster), London.
Kaye, S. 2000, Human rights in international and Australian law. Butterworth, Sydney.
Klare, M. 2002, Resource Wars : the new landscape of global conflict. Henry Holt, New York.
Kluwer et al (eds) 1999, The International Criminal Court: The Making of the Rome Statute,
issues, negotiations, results, Law International, The Hague ; Boston
Koechler , H. 2002, Hans Koechler Manila lectures 2002: terrorism and the quest for a just
world order. Foundation for Social Justice, Quezon City, Philippines.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
Long, C.J. 1996, The Middle East in search of peace. Millbrook Press, Brookfield.
Mandle, B. 1976, Conflict in the Promised land. Heinemann, Auckland.
McCormick, J. 1999, Understanding the European Union : a concise introductionPalgrave,
Hampshire.
McCuen, G. 1992, A new world order and military intervention. Gem, Hudson.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
145
Board Endorsed December 2010 – updated May 2015
Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Minnis, I. 2001, The Arab-Israeli conflict. Heinemann, Oxford.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Olásolo, H. 2005, The triggering procedure of the International Criminal Court. M. Nijhoff
Publishers, Leiden ; Boston.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Pittock, B. (ed) 2003, Climate change: an Australian guide to science and potential impacts.
Australian Greenhouse Office, Canberra.
Ralph, J. 2007, Defending the society of states: why America opposes the International
Criminal Court and its vision of world society. Oxford University Press, Oxford.
Saikal, A. 2003, Islam and the West: Conflict or Cooperation? Palgrave Macmillian
Basingstoke, Hampshire.
Schartzenberger, T (ed). 2007, International Law. Weigl, New York.
Sedoglavich, V. 2010, International Strategic Management, McGraw Hill, Australian National
University Press, Canberra.
Smith, D. 1999, The State of the World Atlas. Penguin, Harmondsworth, Middlesex.
Southwick, C. 1996, Global ecology in human perspective. Oxford University Press, New York.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Stafford, J. 2006, The European Union: political, social and economic cooperation. Mason
Crest, Philadelphia.
Sykes, H. (ed) 2008, Issues of our time. Future leaders, Sydney.
Taudevin, L. 1999, East Timor: Too little too late. Duffy & Snellgrove, Sydney.
Taylor, John G. 1999, East Timor; the price of freedom. Zed Books, London.
Torr, James D. (ed) 2004, U.S. policy toward rogue nations. Greenhaven Press, San Diego.
Walker, J. 2000, Environmental Ethics. Hodder & Stoughton, London.
Warren, D. 2001, Climate change. Royal Society of Chemistry, London.
Wheatcroft, A. 2003, Infidels: a history of the conflict between Christendom and
Islam.Penguin, London.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
146
Board Endorsed December 2010 – updated May 2015
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Newspaper Articles
Aitkin, Don. ‘One cool view of global warming’. The Canberra Times. 3 April 2009.
http://www.canberratimes.com.au/news/opinion/editorial/general/one-cool-view-ofglobal-warming/135653.aspx
Andrews, Matt.; Pollard, Paul; Mackenzie, David. ‘It's simple: global warming is a reality with
evidence’. The Canberra Times. 13 May 2009.
http://www.canberratimes.com.au/news/opinion/letters/general/its-simple-globalwarming-is-a-reality-with-evidence/1511516.aspx
‘Asia gets its confidence back’. Straits Times. 12 March 2010.
http://www.straitstimes.com/SME%2BSpotlight/This%2Bweek%2Bwith%2BHSBC/Story/STIS
tory_501275.html
Bolt, Andrew. ‘Not Christmas for the Islanders’. Courier Mail. 3 March 2010.
http://blogs.news.com.au/couriermail/andrewbolt/index.php/couriermail/comments/not_c
hristmas_for_the_islanders/
Burchell, Scott. ‘Capitalism in crisis’. The Age. 8 October 2008.
http://www.theage.com.au/opinion/capitalism-in-crisis-20081007-4vt5.html?page=-1
Burchell, Scott. ‘No reason to assume she'll be right, mate’. The Age. 27 Aug 2009.
http://www.theage.com.au/news/opinion/no-reason-to-assume-shell-be-rightmate/2007/08/26/1188066941620.html?page=fullpage#contentSwap1
Cheam, Jessica. ‘Climate crisis OUR problem’ Straits Times. 29 January 2009.
http://blogs.straitstimes.com/2009/2/20/climate-crisis-is-our-problem
Cooper, Mex. International crime syndicate linked to ATM scam. The Age [online]. 24 March
2009. http://www.theage.com.au/national/international-crime-syndicate-linked-to-atmscam-20090324-986t.html
‘Credit Crisis - Bailout Plan’. The New York Times. 10 December 2009.
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html
‘
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Board Endorsed December 2010 – updated May 2015
Credit Crisis — The Essentials’. The New York Times. 10 January 2010.
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html
Evans-Prichard, Ambrose. ‘Credit crunch sweeps Asia’. Sydney Morning Herald. 23
November 2007. http://www.smh.com.au/business/credit-crisis-sweeps-asia-200711221c7p.html
Garnaut, John. ‘China's credit crunch’. Sydney Morning Herald. 21 January 2010.
http://www.smh.com.au/business/chinas-credit-crunch-20100120-mlqg.html
‘Global economic crisis and Indonesia’. The Jakarta Post. 5 May 2009.
http://www.thejakartapost.com/news/2009/05/05/global-economic-crisis-andindonesia.html
‘Global Financial Crisis: 10 key points to consider’. The Age. 26 February 2009.
http://www.theage.com.au/national/education/the-global-financial-crisis-10-key-points-toconsider-20090226-8ipo.html
‘Gloomy, w/ a 15% chance of depression’ Left business observer. December 2008.
http://www.leftbusinessobserver.com/Gloomy.html
‘It’s not the end of the world’. The Jakarta Post. 26 March 2010.
http://www.thejakartapost.com/news/2010/03/15/editorial-it%E2%80%99s-not-endworld.html
Murdoch, Scot. ‘Families facing credit crunch’. The Australian. 1 January 2008.
http://www.theaustralian.com.au/news/families-facing-credit-crunch/story-e6frg6n61111115225028
Overbye, Dennis. ‘They tried to outsmart Wall Street’. The New York Times. 9 March 2009.
http://www.nytimes.com/2009/03/10/science/10quant.html
Stewart, Jenny. ‘Global system tends to chaos’. The Canberra times. 29 July 2009.
http://www.canberratimes.com.au/news/opinion/editorial/general/global-system-tends-tochaos/1580865.aspx
‘Surprising the market no big deal – Stevens’. Australian Financial Review. 26 March 2010.
http://afr.com/p/national/surprising_the_market_no_big_deal_UFYal0qNWx8x6wcFZFSKVJ
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‘Theweek in review: G20 addresses global crisis’. The Jakarta Post. 5 April 2009.
http://www.thejakartapost.com/news/2009/04/05/the-week-review-g20-addresses-globalcrisis.html
‘When global warming heat is on, Rudd's resolve melts away’. The Canberra times. 29 March
2009. http://www.canberratimes.com.au/news/opinion/letters/general/when-globalwarming-heat-is-on-rudds-resolve-melts-away/1466202.aspx
Web sites
The Family Court of Australia (on line)
ABC (on line)
<www.familycourt.gov.au >
<http://www.abc.net.au/civics/rights/default.htm>
Child Support Agency (on line)
<http://www.csa.gov.au/>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
Family Law Advice (on line)
and-justice/family-law>
Family Relationship Centres (on line)
<http://www.dvcs.org.au/>
<http://australia.gov.au/topics/law<www.familyrelationships.gov.au/frc>
Australian Crime Commission. Organized crime in Australia 2009 (on line)
<http://www.crimecommission.gov.au/publications/oca/_files/2009/2009_oca_complete.p
df>
Australian Crime Commission. When bad things happen to your good name. (on line)
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_commu
nity_your_good_name.pdf>
Australian Crime Commission. When bad things happen to your good business name.
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_busines
s_your_good_name.pdf>
Australian Parliamentary Library (on line), article by Hancock, N
<http://www.aph.gov.au/library/pubs/rp/2001-02/02rp12.htm>
Community Aid Abroad Nike campaign watch (on line)
<http://www.oxfam.org.au/campaigns/nike/>
Crimes of War Project (on line)
<http://www.crimesofwar.org/>
International Committee of the Red Cross (Geneva Convention) (on line)
<http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions>
International Committee of the Red Cross. Movement action in favour of refugees and
internally displaced persons 2003 (on line)
<http://www.icrc.org/Web/eng/siteeng0.nsf/html/5WSGRF>
149
Board Endorsed December 2010 – updated May 2015
International Court of Justice (on line)
<http://www.icj.org/>
International Federation of Red Cross and Red Crescent Societies. Outcomes of the 28th
International Conference of the Red Cross and Red Crescent 2004. (on line)
<http://www.ifrc.org/docs/pubs/disasters/factsheet10eng.pdf>
International Labour Organisation (on line)
<http://www.ilo.org/>
International Peace Bureau (on line)
<http://www.ipb.org/>
Interpol. Bioterrorism. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST02.pdf>
Interpol. Counterfeit payment cards database (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT03.pdf>
Interpol. Crime against children (on line).
<http://www.interpol.int/Public/ICPO/FactSheets/THB03.pdf+>
Interpol. Cybercrime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT02.pdf>
Interpol. Drug trafficking. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO01.pdf>
Interpol. Environmental crime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST03.pdf>
Interpol. Firearms. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST04.pdf>
Interpol. Intellectual property crime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT01.pdf>
Interpol. Maritime piracy. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO03.pdf>
Interpol. People smuggling. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/THB01.pdf>
Interpol. Terrorism. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST01.pdf>
Interpol. Trafficking in human beings (on line).
<http://www.interpol.int/Public/ICPO/FactSheets/THB02.pdf>
National Drug Strategy. National drug strategy : Aboriginal and Torres Strait Islander Peoples
Complementary Action Plan 2003–2009. (on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/54
5C92F95DF8C76ACA257162000DA780/$File/indigenous-action.pdf>
150
Board Endorsed December 2010 – updated May 2015
National Drug Strategy. National drug strategy : Australia’s integrated framework 2002-2009.
(on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/5E
AED77A78166EB5CA2575B4001353A4/$File/framework0409.pdf>
NGO Committee on Disarmament, Peace and Security (on line)
<http://www.igc.apc.org/disarm/>
Reserve Bank of Australia. Interest Rate Decisions – 2010. (on line)
<http://www.rba.gov.au/monetary-policy/int-rate-decisions/index.html>
Reserve Bank of Australia. About Monetary Policy – 2010 (on line)
<http://www.rba.gov.au/monetary-policy/about.html>
Reserve Bank of Australia. Cash rate target. (on line)
<http://www.rba.gov.au/statistics/cash-rate.html>
Reserve Bank of Australia. Global Developments in Inflation – 2010 (on line)
<http://www.rba.gov.au/publications/smp/boxes/2010/feb/a.pdf>
Reserve Bank of Australia. Price and Wage Developments : Recent developments in inflation
2010 (on line)
<http://www.rba.gov.au/publications/smp/2010/feb/html/price-wage-dev.html>
UNHCR – The UN refugee agency. The 1951 Refugee Convention - Questions & Answers,
2007 edition (on line)
<http://www.unhcr.org/3c0f495f4.html>
UNHCR – The UN refugee agency. Convention and Protocol Relating to the Status of
Refugees (on line)
<http://www.unhcr.org/3b66c2aa10.html>
UNHCR – The UN refugee agency. Asylum Levels and Trends in Industrialized Countries
2009: Statistical Overview of Asylum Applications Lodged in Europe and Selected NonEuropean Countries. (on line)
<http://www.unhcr.org/4ba7341a9.html>
UNHCR – The UN refugee agency. Refugee Protection and Human Trafficking: Selected Legal
Reference Materials, First Edition. (on line)
<http://www.unhcr.org/4986fd6b2.html>
UNHCR – The UN refugee agency. States Parties to the 1951 Convention and its 1967
Protocol (on line)
<http://www.unhcr.org/3b73b0d63.html>
UNHCR – The UN refugee agency. (Browse by country). (on line)
<http://www.unhcr.org/>
UNHCR – The UN refugee agency. Asia and the pacific. 2010 Regional Operations Profile Asia and the Pacific. (on line)
<http://www.unhcr.org/pages/4a02d8ec6.html>
151
Board Endorsed December 2010 – updated May 2015
United nations. Charter of the United Nations. (on line)
<http://www.un.org/en/documents/charter/>
United Nations (on line)
<http://www.un.org/english/>
Audio Visual
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
Reality Bites Series, ABC TV
Sunday, Nine Network
Addicted to money. 1. Who killed the economy? 2. No where to hide. 3. Peak
everything. ABC, Sydney, 2009.
Fahrenheit 9/11 (video, 2004)
Hotel Rwanda (DVD, 2004)
Q & A: Money and trees - the green stuff. ABC, Sydney, 2008.
The ascent of money. (Part1 Dreams of Avarice 47mins 28 May 2009 / Part 2 Human
Bondage ABC1 47mins 4 June 2009 / Part 4 Risky business ABC1 47mins 18 June 2009
/ Part 5 Safe as houses ABC1 47mins 25 June 2009 /Part 6 Chimerica ABC1 47mins)
ABC1. 2 July 2009. ABC, Sydney, 2009.
The Corporation (DVD with study guide)
The Fog of War (video, 2004).
The Kingdom (DVD, 2007)
*These were accurate at time of publication.
152
Board Endorsed December 2010 – updated May 2015
Consumer Law and Current Legal Issues
Value 1.0
This unit combines Consumer Law 0.5 with Current Legal Issues 0.5.
Prerequisites
If colleges choose to deliver the unit Current Legal Issues, it is highly recommended that it be
the last unit of study in a two year program.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the legal
significance of everyday consumer transactions
Demonstrate a knowledge of the legal
significance of everyday consumer transactions
Apply consumer rights and responsibilities to
consumer transactions
Critically analyse and apply consumer rights and
responsibilities to consumer transactions
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
153
Board Endorsed December 2010 – updated May 2015
Issues/case law based
Consumer transactions
• Definition
• Types
Elements of a contract
• Intention to create legal relations
• Offer
• Acceptance
• Consideration
• Capacity
Problems that may arise
• Mistake
• Illegality
• Minors
• Mental status
• Misrepresentation
• Abuse of position of dominance
• Unfair and unconscionable contract
• Estoppel
Remedies
• Conditions and warranties
• Types of remedies
Relevant legislation
• Trade Practices Act (Cth)
• Fair Trading Acts (States/Territories)
• Other specific legislation
Avenues for redress
• Small Claims Court
• Industry dispute and resolution bodies
• Consumer Affairs Bureau
• Credit Tribunal
• Media
Exceptions and special cases of contract
• Insurance
• Corporations
• Cyber contracts
Credit agreements
• Credit cards
• Personal loans and other
• Consumer Credit Codes
154
Board Endorsed December 2010 – updated May 2015
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
16. Analysis of legal and social issues involved
17. Development of law and social behaviour related to the issues
18. Reference is to be made to leading cases
19. Study of relevant legislation
20. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
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Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
156
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B. & Brassil, D., Excel HSC Legal Studies, Pascal Press, Glebe, 2001
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Gleeson, W. et al, Heinemann Legal Studies Preliminary Course, Third Edition, Heinemann,
Melbourne, 2007
Hamper, D. et al, Legal Studies Preliminary, Second Eidtion, Pearson, Melbourne, 2007
Hamper, D. et al, Legal Studies HSC, Second Edition, Longman, Melbourne, 2008
Oxlade, C. 1996, Crime Fighting, Heinemann, Oxford.
White, R & Alder, C (eds) 1994, The Police and Young People in Australia, Cambridge
University Press, Cambridge.
Web sites
ACT Human Rights Office (on line)
http://www.hro.act.gov.au/index.html
Australian Federal Police (on line)
http://www.afp.gov.au/afp/page/
New South Wales Police (on line)
http://www.police.nsw.gov.au/
Victoria Police (on line)
http://www.police.vic.gov.au/
News Limited Australia (on line)
http://www.news.com.au
Australian Competition and Consumer Commission (on line)
<http://www.accc.gov.au/content/index.phtml/itemId/142>
ACT Supreme Court (on line)
<http://www.courts.act.gov.au/supreme/>
Attorney-General’s Department (on line)
<http://www.scaleplus.law.gov.au/>
Federal Court (on line)
<http://www.fedcourt.gov.au/>
Audio Visual
A Current Affair (Series), Nine Network
Australian Story (Series), ABC TV
Four Corners (Series), ABC TV
Sunday (Series), Nine Network
Today Tonight (Series), Seven Network
*These were accurate at the time of publication.
157
Board Endorsed December 2010 – updated May 2015
Legal Systems and Sources of Law
Value 1.0
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand how law is defined and the nature
of justice
Knowledge and understanding of how law is
defined and the nature of justice
An awareness of the Australian legal
institutions and processes
Knowledge and understanding of Australian
legal institutions and their processes
Issues/case law based
Defining Law
 Laws, rules, norms, customs
 Concept of the rule of law
 Influences on the law: social, cultural, moral, political and economic, physical
 Principles of jurisdiction
 World systems e.g. common law, civil law, Islamic laws, customary laws
 Different types of laws-public/private; civil/criminal
158
Board Endorsed December 2010 – updated May 2015
Nature of Justice
 Characteristics of a just law or judicial decision
 Relationship between justice, fairness and equity
 Notion of equality
 Access to justice in Australia
Classification of Laws
 Public and Private Law – e.g. administrative, common, customary, canon, military,
environment, family, etc.
 Civil vs Criminal Laws
The Australian Constitution
 Functions – distribution of power between Commonwealth and States
 The separation of powers
 Rights and protections
Parliament
 The legislative process – Commonwealth and State/territory
 Delegated legislation
The Courts
 Precedents – ratio decidendi, obiter dictum
 Hierarchy of courts and jurisdiction
Historical Background
 Development of law
 Aboriginal customary law
 English legal system
 Australian Federation
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
159
Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
160
Board Endorsed December 2010 – updated May 2015
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
161
Board Endorsed December 2010 – updated May 2015
Media, Politics and Current Issues
Value 1.0
Prerequisites
Nil.
Colleges adopting Media, Politics and Current Issues 1.0 unit must be aware that there is
some content overlap between Human Rights 0.5 and World Order 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
If colleges choose to deliver the unit Media, Politics and Current Issues, it is highly
recommended that it be the last unit of study in a two year program.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Show an understanding of the power structures Demonstrate a knowledge of the power
within the legal and political systems
structures within the legal and political systems
Understand the influences of the individual, the Critically evaluate the interaction of the
media, the government and international
individual, the media, the government and
bodies on law making in Australia.
international bodies on law making in Australia.
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
162
Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
What makes a good Law?
• Balance of rights and responsibilities
• Common good balanced against the rights of individuals
• Justice, equity and fairness
Separation of Powers
• The Legislature - Federal and State relations
o The Constitution
o Exclusive, concurrent and residual powers
o Powers under S.51 –defence, external affairs, corporations, etc
o Federalism – expansion, specific purpose grants, etc
• The Judiciary
o High Court – judicial independence
• The Role of the Executive
o Ministerial government
o Public Service
• Republic - Comparison to other systems
International Political influences and media coverage
• Stakeholders
• International events
• Foreign treaties, covenants, and protocols
• Question of national sovereignty
Infringement of individual rights
• Freedom from arbitrary arrest
• Proposed Charter of Rights
• Freedom of Assembly
• Freedom of Association
o The Communist Party case
o Trade Unions
o The Bikie Gangs
The Power of the Press
• Balance provided by a free press
o Fourth arm of government
o Influence of media on elections
o Influence of media on government policy
o Freedom of Information
o Protection of sources
o Pressure and lobby groups
o Case study – Watergate
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Board Endorsed December 2010 – updated May 2015
• Legal control on the media
o Media ownership laws
o ACMA
o Censorship
o Implied Governmental Immunity
o Defamation
o Contempt of court – publication, suppression, closed court.
Individual participation in Government
• Forms of community consultation
• Informed and critical citizens
• Transparency of legal process
• Accessibility of law – Legal Aid
• Reform
Current legal Issues
• Changing technology
o Blogs, Twitter, etc.
• Access to justice
• The Intervention
• Adversarial system
• State v Federal Powers
• Anti-bikie legislation
Citizen Rights against the State
• Natural justice – Admin law
o Bias rule
o Fair Hearing rule
• Tribunals – tax, social security, sport, etc
• AAT
• ADJR
• Ombudsman
• Freedom of Information
The section on Current Issues is designed as a detailed study of significant and topical issues.
It will entail the study of at least TWO issues. The selection of these will take place as a
result of many topics being offered and students making a personal choice. Students will be
able to negotiate topics not listed. The following may provide guidelines for the study of
these issues.
21. Analysis of legal and social issues involved
22. Development of law and social behaviour related to the issues
23. Reference is to be made to leading cases
24. Study of relevant legislation
25. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
164
Board Endorsed December 2010 – updated May 2015
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
165
Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B. & Brassil, D 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al 2000, Legal Studies HSC, Longman, Melbourne.
Aldous, J. 2008, Making & Breaking The Law : VCE Units 3 & 4, 8th Ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, Des & Rodrick, S. 2007, Australian Media Law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal Studies : Preliminary, Pearson Education, Melbourne.
166
Board Endorsed December 2010 – updated May 2015
King, M. 2005, Catalyst : The Power Of The Media And The Public To Make Change, UQP, St.
Lucia, Qld.
Kovach, B. And Rosenstiel, T. 2007, The Elements Of Journalism: What Newspeople Should
Know And The Public Should Expect, Revised Updated Edition, Three Rivers.
Mallam, P., Dawson S. & Moriarty, J. 2005, Media And Internet Law And Practice, Rev Ed.
Thomson Lawbook Co, Pyrmont, N.S.W., 3 V. (Loose-Leaf).
McConnell, W.S. 2006, Watergate, An Issue In History, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major Principles Of Media Law, Wadsworth.
Oxlade, C. 1996, Crime Fighting, Heinemann, Oxford.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues And Cases, Mcgraw-Hill.
Solomon, D. 2007, Pillars Of Power : Australia’s Institutions, Federation, Annandale, N.S.W.
Aldous, J. 2008, Making & breaking the law : VCE units 3 & 4, 8th ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, D. & Rodrick, S. 2007, Australian media law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal studies : HSC, Pearson Education, Melbourne.
Hamper, D. et al. 2007, Legal studies : preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst: the power of the media and the public to make change, UQP, St.
Lucia, Qld.
Kovach, B. and Rosenstiel, T. 2007, The Elements of Journalism: What Newspeople Should
Know and the Public Should Expect, Three Rivers, Rev Upd edn.
Mallam, P., Dawson, S. & Moriarty, J. 2005, Media and Internet law and practice, rev ed.
Thomson Lawbook Co, Pyrmont, N.S.W.
McConnell, W.S. 2006, Watergate: an issue in history, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major principles of media law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues and Cases, McGraw-Hill.
Solomon, D. 2007, Pillars of power : Australia’s institutions, Federation, Annandale,
N.S.W.
White, R & Alder, C (eds) 1994, The Police and Young People in Australia, Cambridge
University Press, Cambridge.
Web sites
ACMA (online)
<http://www.acma.gov.au>
ACT Human Rights Office (on line)
http://www.hro.act.gov.au/index.html
ACT Supreme Court (on line)
http://www.courts.act.gov.au/supreme/
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Copyright Council (online)
<http://www.copyright.org.au>
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Board Endorsed December 2010 – updated May 2015
Australian Federal Police (on line)
http://www.afp.gov.au/afp/page/
Australian Federation against Copyright Theft (online)
<http://www.afact.org.au>
Australian Government (online)
<http://www.fed.gov.au>
Australian Government law sites (online)
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_AustralianGovernm
entlawsites
Australian Human Rights Commission (online)
<http://www.humanrights.gov.au>
Communications Law Centre (online)
<http://www.law.uts.edu.au/comslaw/>
Copyright or copywrong (online)
<http://www.copyrightorcopywrong.info/>
Environment Australia (online)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (online)
<http://www.edo.org.au>
Forestry Australia (online)
<http://www.nafi.com.au/home.html>
Global voices (online)
<http://globalvoicesonline.org/>
Greenpeace (online)
<http://www.greenpeace.org>
Human Rights And Equal Opportunity Commission (online)
<http://www.humanrights.gov.au/>
Intellectual Property Awareness Foundation (online)
<http://www.ipawareness.com.au/Home/>
National Parks and Wildlife Service (NSW) (online)
<http://www.npws.nsw.gov.au>
New South Wales Police (on line)
http://www.police.nsw.gov.au/
Legal Aid ACT (online)
<http://www.legalaid.canberra.net.au/>
NSW Environment Protection Authority (online)
<http://www.epa.nsw.gov.au>
Office of the Privacy Commissioner (online)
http://www.privacy.gov.au/
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Board Endorsed December 2010 – updated May 2015
Parliamentary Education Office (online)
<http://www.peo.gov.au/>
Terrorism, Policing And The Media: Controversial Speech By Mick Keelty 2008,
<http://australianpolitics.com/2008/01/29/mick-keelty-speech-on-terrorism.html>
Victoria Police (on line)
http://www.police.vic.gov.au/
Wilderness Society (online)
<http://www.wilderness.org.au>
News Limited Australia (on line)
http://www.news.com.au
*These were accurate at time of publication.
Journal Articles
Secrecy Laws and Open Government in Australia 2010, Report 112, Australian Law Reform
Commission
Chesterman, M. 2005, “Criminal trial juries and media reporting”, Infocus; item no. 2418,
State Library of N.S.W., Sydney.
Irving, Dr. H. 2005, “Changing law by parliament”, Legaldate
Keim, S. 2007, “Reflections upon the trial of Dr Haneef”, Precedent
McKinnon, K. 2004, “Courts, juries and the media”, Australian Press Council News
Mowbray, J. and Rolph, D. 2009, “It's a jungle out there: the legal implications of
Underbelly”, in Communications Law Bulletin
Urbas, G. & Gani, M. 2005, The attributes of a fair trial in Australian law, Infocus item no.
2421, State Library of N.S.W., Sydney.
Audio Visual
Erin Brockovich (video)
These were accurate at the time of publication.
169
Board Endorsed December 2010 – updated May 2015
Family and Property Law
Value 1.0
Prerequisites
Nil.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
Demonstrate an awareness of the elements of
property and succession law.
Demonstrate a knowledge of the elements of
property and succession law.
Apply property and succession law.
Critically analyse and apply property and
succession law.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
170
Board Endorsed December 2010 – updated May 2015
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
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Board Endorsed December 2010 – updated May 2015
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
Property
• Concept and dimensions – what can a person own, how can they own it?
• Personal and realty
• Possession and ownership
• Concept of title
• Mabo and Native Title
• Joint tenancy and tenancy in common
• Fragmentation of title and strata title
• Leasehold and freehold
Contracts of leasing
• Sources of law
• Residential Tenancy Act 1997
• Types of leases
• Duties of landlords and tenants
• Remedies
Land transactions
• Concept of title
• Mabo and the Native Title Act (Cth)
• Leasehold and freehold
• Duties on parties involved in transactions
• Conveyancing
• Mortgages
• Remedies
Personal property
• Tangible and intangible
• Remedies
Intellectual Property
Succession
• Wills
o Requirements of a valid will
o Duties of persons involved
o Drafting a will
• Probate
o Procedure of will settlement
o Executors’ responsibilities
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Board Endorsed December 2010 – updated May 2015
• Intestacy
o Total and partial
o Provisions
• Family provision
o Who can claim
• Public Trustee
• Trusts and estates
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
173
Board Endorsed December 2010 – updated May 2015
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Butt, P. Land Law 6th Edition Thomson Reuters.
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Chambers & Thomson, 2008, An Introduction to Property Law in Australia, Law Book
Company.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
Edgeworth, Rossiter, Stone, O'Connor, Sackville and Neave Australian Property Law, 8th
Edition Butterworths.
Edwards, K. 2007, Essential Equity and Trusts, 2nd Edition Cavenish Publishing.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Iwobi, A. 2001, Essential Trusts, 3rd Edition, Cavendish Publishing.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
Mc Keough, Bowrey, Griffith, 2007, Intellectual Property Commentry and Materials, 4th
Edition Law Book Company.
174
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Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Moore, G. 2005, Essential Real Property Law Cavendish Publishing.
Nutshell Series, 2008, Intellectual Property, 3rd Edition Law Book Company.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Perkins M., Monahan R. 2008, Estate Planning, 2nd Edition Lexis Nexis Butterworths.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Voyce, Brookhouse, Charaneka, Semple, 2007, Guide to Estate Planning, 2nd Edition CCH.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Websites
The Family Court of Australia (on line)
ABC (on line)
<www.familycourt.gov.au >
<http://www.abc.net.au/civics/rights/default.htm>
Child Support Agency (on line)
<http://www.csa.gov.au/>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
Family Law Advice (on line)
and-justice/family-law>
Family Relationship Centres (on line)
<http://www.dvcs.org.au/>
<http://australia.gov.au/topics/law<www.familyrelationships.gov.au/frc>
NSW Department of Fair Trading (on line)
<http://www.fairtrading.nsw.gov.au/realestaterenting/tenantslandlords/tenants.ht
ml>
Audio Visual
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
Reality Bites Series, ABC TV
Sunday, Nine Network
*These were accurate at time of publication
175
Board Endorsed December 2010 – updated May 2015
Legal Systems and Australian Law
Value 1.0
This unit combines Introduction to Legal Systems 0.5 with Sources of Australian Law 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand how law is defined and the nature
of justice
Knowledge and understanding of how law is
defined and the nature of justice
An awareness of the Australian legal
institutions and processes
Knowledge and understanding of Australian
legal institutions and their processes
Issues/case law based
Defining Law
 Laws, rules, norms, customs
 Concept of the rule of law
 Influences on the law: social, cultural, moral, political and economic, physical
 Principles of jurisdiction
 World systems e.g. common law, civil law, Islamic laws, customary laws
 Different types of laws-public/private; civil/criminal
Nature of Justice
 Characteristics of a just law or judicial decision
 Relationship between justice, fairness and equity
 Notion of equality
 Access to justice in Australia
176
Board Endorsed December 2010 – updated May 2015
Classification of Laws
 Public and Private Law – e.g. administrative, common, customary, canon, military,
environment, family, etc.
 Civil vs Criminal Laws
The Australian Constitution
 Functions – distribution of power between Commonwealth and States
 The separation of powers
 Rights and protections
Parliament
 The legislative process – Commonwealth and State/territory
 Delegated legislation
The Courts
 Precedents – ratio decidendi, obiter dictum
 Hierarchy of courts and jurisdiction
Historical Background
 Development of law
 Aboriginal customary law
 English legal system
 Australian Federation
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
177
Board Endorsed December 2010 – updated May 2015
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
178
Board Endorsed December 2010 – updated May 2015
Web sites
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
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World Order and Human Rights
Value 1.0
This unit combines World Order 0.5 with Human Rights Law 0.5.
Prerequisites
Nil
Colleges adopting Human Rights Law 0.5/World Order 0.5 unit must be aware that there is
some content overlap between, Human Rights Law 0.5/World Order 0.5 and Media, Politics
and the Law 0.5. Overlapping content should not be covered in detail if already studied in
another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the tension between the
protection of society and the rights and
liberties of the individual
Critically analyse the tension between the
protection of society and the rights and liberties
of the individual
Understand the proposition that all persons
have equal rights and are entitled to be treated
equally under the law
Understand and identify the proposition that all
persons have equal rights and are entitled to be
treated equally under the law
Effectively analyse the legal and social
problems involved in world order.
Critically analyse the legal and social problems
involved in world order.
Understand the relationship between the
various global and regional players.
Understand and identify the relationship
between the various global and regional
players.
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Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Defining human rights
• Historical background
• International documents (treaties, charters, conventions, cases etc)
• Role of United Nations
• Role of International tribunals/courts
Human rights in Australia
• Human rights under common law
• Australian Constitution and human rights
• The development of specific legislation
Protection for human rights
• Rule of law
• Bill of rights vs. Human rights charter
• Human Rights Act(ACT)
• Human Rights Commissions
Provision for human rights
• Welfare as a basic human right
• The law as a guarantee of social welfare right
Rights and obligations under the law
• Personal thought
• Personal expression
• The right to own and enjoy land
• Freedom of movement
• Freedom of assembly
• Freedom of association
Discrimination in Society
• Disadvantaged groups based on:
o Racial Discrimination Act (1975) – Cwlth
o Sex Discrimination Act (1984??) – Cwlth
o Human Rights and Equal Opportunity Act (1986) – Cwlth
o Disability Discrimination Act – Cwlth
o Age Discrimination Act – Cwlth
o Privacy Act (1988) - Cwlth
o Relevant State Discrimination Acts
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Redress
• Application of the Human Rights Act on other laws in society
• Human Rights Commission
• Commonwealth government assistance
• Legal Aid
• Courts
Balancing community rights and individual rights
• Powers of search and seizure of goods
• Entrapment
• Surveillance
• Listening devices
o Privacy of letters
o CCTV cameras
o Monitoring of internet
• Exercising police discretionary powers
o Move on powers
o Curfews
Current issues
• Refugees
• Anti-terrorism laws
• P-plate drivers
• Northern Territory Intervention
Reasons for world order
• Historical overview
• Overview of international law
• Role of global and regional players
Conflict
• Types of conflict
• Limiting conflict
• Impact of conflict
Working for World Order
• World government/ regional federation
• Peace enforcement/Peacekeeping
• Regulation of conduct through war/ Humanitarian intervention
o The Geneva Convention
o Red Cross
• Terrorism and world order
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Implementation of international agreements and change
• Historical overview of treaty system and customary law
• Barriers e.g. political systems, State jurisdictions
• Methods for change e.g.
o Force/ Other enforcement mechanisms
o International instruments
o Non-governmental organisations
o The media
o The role of international tribunals
Effectiveness of international law
• For individuals
• For nation states
Trade agreements
• Need for trade agreements
• Effect of trade agreements
• Specific case studies (e.g. Australia & the US, Europe)
International crime
• Types of international crime
• Relationship between international law and domestic laws
• Enforcing international crimes
• An international criminal court
Environmental issues
• Climate change
• Development and access of resources (water)
Refugee Issues
• Migration and immigration
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
183
Board Endorsed December 2010 – updated May 2015
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Andessen, C. 1993, Educational refugees: Malaysian students in Australia. Clayton, Vic.,
Centre of Southeast Asian Studies, Monash University.
Bailey, P. 2008, The Human Rights Enterprise in Australia and Internationally, Lexis Nexis
Butterworths, Chatswood.
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Bartlett, C J. 1984, The Global Conflict: the international rivalry of the great powers, 18801970. Longman, London.
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relations.Oxford University Press, Oxford.
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184
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Aldershot, Hants, England; Burlington.
Bickerton, I. J.; Hill, M. 2005, The Arab-Israeli conflict. McGraw-Hill, Sydney.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
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Future Leaders.
Byrnes, A.; Charlesworth, H. and McKinnon, G. 2009, Bill Of Rights in Australia, Politics and
The Law. UNSW Press.
Carew, E. 1996, The language of money. Allen & Unwin, St Leonards.
Chappell, J. Chesterman et al. 2009, Politics of human rights In Australia. Port Melbourne,
Vic., Cambridge University Press.
Cornelius, H. 1989, Everyone Can Win: How To Resolve Conflict. Simon Schuster, Brookvale.
Dalton, D. 2006, Refugees and asylum seekers. Chicago Heinemann Library.
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Perspectives. Cambridge University Press, Cambridge.
Evans, C. and Evans, S. 2008, Australian Bills of Rights: The Law of the Victorian Charter and
ACT Human Rights Act, Lexis Nexis Butterworths, Chatswood.
Evans, G. 1998, The Penguin Dictionary of International Relations. London: Penguin.
Flynn, M. 2003, Human Rights in Australia: treaties, statutes and cases. Chatswood, N.S.W. ,
LexisNexis Butterworths.
Geber, P. 2010, ‘Growing a better future through human rights education’ in Future Justice
edited by Helen Sykes, Future Leaders.
Gilbert, G. 2006, Responding to international crime. Martinus Nijhoff, Leiden, Boston.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
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Hamper, D. ‘Youth the aged and people of differing sexual identity’ in Legal studies
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Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Harrison, B. J. The treaty of Versailles and the League of Nations. Brooks, Sydney.
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185
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Healy, K. (ed) 1998, Native title. Spinney Press, Thirroul.
Henson, R. 2008, The Rough guide to climate change. Rough Guides, London.
Hewison, G. 1989, The Global Factor: issues and images in International law.Redfern legal
centre, Redfern
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Philadelphia.
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Touchstone Books (Simon & Schuster), London.
Kaye, S. 2000, Human rights in international and Australian law. Butterworth, Sydney.
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Butterworths, Chatswood.
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Federation Press.
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Leaders.
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issues, negotiations, results, Law International, The Hague ; Boston
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New York, Cambridge University Press.
Koechler , H. 2002, Hans Koechler Manila lectures 2002: terrorism and the quest for a just
world order. Foundation for Social Justice, Quezon City, Philippines.
Lanqwith, J. (ed). 2007, Stemcells. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Death and dying. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Depression. Jacqueline Lanqwith. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Discrimination. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Human rights. Detroit, Greenhaven.
Lanqwith, J. (ed). 2009, Renewable Energy. Detroit, Greenhaven.
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186
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Long, C.J. 1996, The Middle East in search of peace. Millbrook Press, Brookfield.
Luntz, H., Hambly, D., and Burns, K. 2008, Torts: Cases and Commentary, 6th ed. Lexis Nexis
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Melbourne.
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temporary protection visas. Deakin University, Geelong.
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of the Tampa. UNSW Press, Sydney.
McCormick, J. 1999, Understanding the European Union : a concise introductionPalgrave,
Hampshire.
McCuen, G. 1992, A new world order and military intervention. Gem, Hudson.
Minnis, I. 2001, The Arab-Israeli conflict. Heinemann, Oxford.
Offord, B. 2003, Homosexual rights as human rights: activism in Indonesia, Singapore and
Australia. Oxford, New York.
Olásolo, H. 2005, The triggering procedure of the International Criminal Court. M. Nijhoff
Publishers, Leiden ; Boston.
Parker, M. and Derwent, B. 1995, ‘Case study: Aborigines and the Torres Strait Islanders’ in
Pathways to justice law and society. Book 2. 2nd ed. Longman, p289-333.
Phillips, D. 2009, Human Rights. Chelsea House Publishers, New York.
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Australian Greenhouse Office, Canberra.
Ralph, J. 2007, Defending the society of states: why America opposes the International
Criminal Court and its vision of world society. Oxford University Press, Oxford.
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of Freedom in East and South east Asia. Ed by David Kelly and Anthony Reid. Cambridge,
Melbourne, P141-160.
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187
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Saunders, C. 2010, ‘The Australian Constitution and our rights’ in Future Justice edited by
Helen Sykes, Future Leaders.
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Islam.Penguin, London.
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‘Australian Government’s hard line’. Jakarta Post. p19 23 Jul 2005.
Banham, Cynthia (2008) ‘Afghans sent home to die’ Sydney Morning Herald, 27 Oct.
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Banham, Cynthia (2008) ‘It's hell for Afghans we rejected’ Sydney Morning Herald, 27 Oct.
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188
Board Endorsed December 2010 – updated May 2015
Cronin, Danielle. (2008) ‘Compensation call for detention centre 'victims'’. The Canberra
Times, 30 Oct. http://www.canberratimes.com.au/news/local/news/general/compensationcall-for-detention-centre-victims/1347263.aspx
‘Fear of the known’ Sydney Morning Herald. 27 Oct 2008.
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‘Royal commission call as refugees killed’ The Australian. 27 Oct 2008.
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Shears, Richard. ‘Getting tough on refugees’. Daily Mail. P36 29 Sep 2001.
Skelton, Russell. ‘Files risk halts flow of refugees, Australia acts on Syrian demands’. The
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Toy, Mary Anne. ‘Tragedy of refugee Australia sent back’. Sydney Morning Herald. P19 21
Jun 2008.
‘Treatment of asylum seekers condemned by group’. Peace River Block Daily News. p12. 10
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Weaver, Matthew. (2008). ‘Taliban killed Afghan asylum seekers that Australia sent back,
report claims’ The Guardian, 27 Oct.
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Journal Articles
Fisk, L. 2006, ‘Politics of exclusion, practice of inclusion: Australia’s response to refugees and
the case for community based human rights’. The International Journal of Human Rights.
Vol 10, No 3 September. pp 219-229.
Fleay, C. 2008, ‘Engaging in human rights diplomacy: the Australia-China bilateral dialogue
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Palmer, D. 2009, ‘The quest for wriggle room: Australia and the Refugee Convention, 1953’.
Australian Journal of International Affairs. Vol 63, Issue 2, June pp 290-308.
Pugliese, J. 2004, ‘The incommensurability of law to justice: refugees and Australia’s
temporary protection visa’. Law and Literature, Vol 16, No 3 (Autumn) pp 285-311.
Schweitzer, Perkoudlidis, Krome, [et al]. 2005, Attitudes towards refugees: the dark side of
prejudice in Australia’. Australian Journal of Psychology. Vol 57, Issue 3 December. Pp 170179.
Michaelsen, C. 2005, ‘Derogating from international human rights, obligations in the war
against terrorism? : A British – Australia perspective’. Terrorism and Political Violence. Vol
17 No 1.
189
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Aitkin, Don. ‘One cool view of global warming’. The Canberra Times. 3 April 2009.
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Andrews, Matt.; Pollard, Paul; Mackenzie, David. ‘It's simple: global warming is a reality with
evidence’. The Canberra Times. 13 May 2009.
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Cheam, Jessica. ‘Climate crisis OUR problem’ Straits Times. 29 January 2009.
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Cooper, Mex. International crime syndicate linked to ATM scam. The Age [online]. 24 March
2009. http://www.theage.com.au/national/international-crime-syndicate-linked-to-atmscam-20090324-986t.html
‘Credit Crisis - Bailout Plan’. The New York Times. 10 December 2009.
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190
Board Endorsed December 2010 – updated May 2015
‘Gloomy, w/ a 15% chance of depression’ Left business observer. December 2008.
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ABC (on line)
<http://www.abc.net.au/civics/rights/default.htm>
ACT Human Rights Office (on line)
<http://www.hro.act.gov.au/index.html>
Australian Human Rights Centre (on line)
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Commonwealth Department of Foreign Affairs and Trade (on line)
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191
Board Endorsed December 2010 – updated May 2015
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192
Board Endorsed December 2010 – updated May 2015
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193
Board Endorsed December 2010 – updated May 2015
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194
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Australian Story Series, ABC TV
Four Corners Series, ABC TV
In the Name of the Father (video)
Reality Bites Series, ABC TV
Sunday, Nine Network
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Brunuel, Diego. Don't Tell My Mother I'm in the Holy Land. National Geographic,
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Moore, Michael. Fahrenheit 9/11. IMBPro. London, 2004.
Well-Founded Fear. SBS, Sydney, 2008
Addicted to money. 1. Who killed the economy? 2. No where to hide. 3. Peak everything.
ABC, Sydney, 2009.
Fahrenheit 9/11 (video, 2004)
Hotel Rwanda (DVD, 2004)
Q & A: Money and trees - the green stuff. ABC, Sydney, 2008.
The ascent of money. (Part1 Dreams of Avarice 47mins 28 May 2009 / Part 2 Human
Bondage ABC1 47mins 4 June 2009 / Part 4 Risky business ABC1 47mins 18 June 2009 / Part
5 Safe as houses ABC1 47mins 25 June 2009 /Part 6 Chimerica ABC1 47mins) ABC1. 2 July
2009. ABC, Sydney, 2009.
The Corporation (DVD with study guide)
The Fog of War (video, 2004).
The Kingdom (DVD, 2007)
*These were accurate at the time of publication.
195
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Consumer Law and Current Legal Issues
Value 1.0
This unit combines Consumer Law 0.5 with Legal Issues and Gen Z 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the legal
significance of everyday consumer transactions
Demonstrate a knowledge of the legal
significance of everyday consumer transactions
Apply consumer rights and responsibilities to
consumer transactions
Critically analyse and apply consumer rights and
responsibilities to consumer transactions
Demonstrate an understanding of the rights
and responsibilities of young people.
Demonstrate knowledge of the conflict
between the rights and responsibilities of young
people.
Understand the effectiveness of the law for
young people.
Critically evaluate the effectiveness of the law
and response to young people.
196
Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Consumer transactions
• Definition
• Types
Elements of a contract
• Intention to create legal relations
• Offer
• Acceptance
• Consideration
• Capacity
Problems that may arise
• Mistake
• Illegality
• Minors
• Mental status
• Misrepresentation
• Abuse of position of dominance
• Unfair and unconscionable contract
• Estoppel
Remedies
• Conditions and warranties
• Types of remedies
Relevant legislation
• Trade Practices Act (Cth)
• Fair Trading Acts (States/Territories)
• Other specific legislation
Avenues for redress
• Small Claims Court
• Industry dispute and resolution bodies
• Consumer Affairs Bureau
• Credit Tribunal
• Media
Exceptions and special cases of contract
• Insurance
• Corporations
• Cyber contracts
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Board Endorsed December 2010 – updated May 2015
Credit agreements
• Credit cards
• Personal loans and other
• Consumer Credit Codes
Key legal concepts and principles
• Definitions of adult, juvenile, youth, child.
o Categorisation under the law
• Historical background
• Socio-cultural dynamics
• Relationship dynamics
Economic Issues and development
• Employment
• Financial decision making
o Purchasing goods and services
Social Issues
• Family Issues
• Sexual Issues
• Drugs
• Alcohol
• Driving
• Relationships
• Cyber Issues
• Education - Earn or Learn
• Bullying
• Welfare benefits
Personal Integrity Issues
• Medical Issues
• Freedom of movement
Criminal Issues
• Procedures and process
• Justice
o Restorative practices
Legal Responsiveness
• Policy issues
• Empowerment and representation
• Reform
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Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
199
Board Endorsed December 2010 – updated May 2015
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B. & Brassil, D., Excel HSC Legal Studies, Pascal Press, Glebe, 2001
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Gleeson, W. et al, Heinemann Legal Studies Preliminary Course, Third Edition, Heinemann,
Melbourne, 2007
Hamper, D. et al, Legal Studies Preliminary, Second Eidtion, Pearson, Melbourne, 2007
Hamper, D. et al, Legal Studies HSC, Second Edition, Longman, Melbourne, 2008
Web sites
Australian Competition and Consumer Commission (on line)
<http://www.accc.gov.au/content/index.phtml/itemId/142>
ACT Supreme Court (on line)
<http://www.courts.act.gov.au/supreme/>
Attorney-General’s Department (on line)
<http://www.scaleplus.law.gov.au/>
Federal Court (on line)
<http://www.fedcourt.gov.au/>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Children’s and Youth Law Centre (on line)
<http://www.ncylc.org.au/navabout.htm>
200
Board Endorsed December 2010 – updated May 2015
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
Audio Visual
A Current Affair (Series), Nine Network
Australian Story (Series), ABC TV
Four Corners (Series), ABC TV
Sunday (Series), Nine Network
Today Tonight (Series), Seven Network
*These were accurate at the time of publication.
201
Board Endorsed December 2010 – updated May 2015
Family Law and Legal Issues
Value 1.0
This unit combines Family Law 0.5 with Legal Issues and Gen Z 0.5.
Prerequisites
Nil.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
Demonstrate an understanding of the rights
and responsibilities of young people.
Demonstrate knowledge of the conflict
between the rights and responsibilities of young
people.
Understand the effectiveness of the law for
young people.
Critically evaluate the effectiveness of the law
and response to young people.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
202
Board Endorsed December 2010 – updated May 2015
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
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Board Endorsed December 2010 – updated May 2015
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
Key legal concepts and principles
• Definitions of adult, juvenile, youth, child.
o Categorisation under the law
• Historical background
• Socio-cultural dynamics
• Relationship dynamics
Economic Issues and development
• Employment
• Financial decision making
o Purchasing goods and services
Social Issues
• Family Issues
• Sexual Issues
• Drugs
• Alcohol
• Driving
• Relationships
• Cyber Issues
• Education - Earn or Learn
• Bullying
• Welfare benefits
Personal Integrity Issues
• Medical Issues
• Freedom of movement
Criminal Issues
• Procedures and process
• Justice
o Restorative practices
Legal Responsiveness
• Policy issues
• Empowerment and representation
• Reform
204
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
205
Board Endorsed December 2010 – updated May 2015
.
Specific Unit Resources
Books
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Web sites
The Family Court of Australia (on line)
ABC (on line)
Child Support Agency (on line)
<www.familycourt.gov.au >
<http://www.abc.net.au/civics/rights/default.htm>
<http://www.csa.gov.au/>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
206
Board Endorsed December 2010 – updated May 2015
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
Family Law Advice (on line)
and-justice/family-law>
Family Relationship Centres (on line)
<http://www.dvcs.org.au/>
<http://australia.gov.au/topics/law<www.familyrelationships.gov.au/frc>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Children’s and Youth Law Centre (on line)
<http://www.ncylc.org.au/navabout.htm>
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
Audio Visual
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
Reality Bites Series, ABC TV
Sunday, Nine Network
*These were accurate at time of publication.
207
Board Endorsed December 2010 – updated May 2015
Property and Environmental Law
Value 1.0
This unit combines Property Law 0.5 with Environmental Law 0.5.
Prerequisites
Nil.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the elements of
property and succession law.
Demonstrate a knowledge of the elements of
property and succession law.
Apply property and succession law.
Critically analyse and apply property and
succession law.
Demonstrate an understanding of
environmental law and its relationship to
society
Demonstrate a knowledge of environmental law
and its relationship to society
Understand the effectiveness of the law in
responding to environmental issues
Critically evaluate the effectiveness of the law in
responding to environmental issues
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
208
Board Endorsed December 2010 – updated May 2015
Property
• Concept and dimensions – what can a person own, how can they own it?
• Personal and realty
• Possession and ownership
• Concept of title
• Mabo and Native Title
• Joint tenancy and tenancy in common
• Fragmentation of title and strata title
• Leasehold and freehold
Contracts of leasing
• Sources of law
• Residential Tenancy Act 1997
• Types of leases
• Duties of landlords and tenants
• Remedies
Land transactions
• Concept of title
• Mabo and the Native Title Act (Cth)
• Leasehold and freehold
• Duties on parties involved in transactions
• Conveyancing
• Mortgages
• Remedies
Personal property
• Tangible and intangible
• Remedies
Intellectual Property
Succession
• Wills
o Requirements of a valid will
o Duties of persons involved
o Drafting a will
• Probate
o Procedure of will settlement
o Executors’ responsibilities
• Intestacy
o Total and partial
o Provisions
• Family provision
o Who can claim
• Public Trustee
• Trusts and estates
Key legal concepts and features
* The concept of the environment
* The need for global protection
* Concepts and terms in environmental agreements
* Implementation and problems of international environmental agreements
The United Nations response and development
209
Board Endorsed December 2010 – updated May 2015
*
*
*
*
*
*
*
*
International Convention for Regulation of Whaling (1946)
The Antarctic Treaty
The Convention for the Conservation of Antarctic Seals (1972)
The Convention Concerning the Protection of the World Cultural and National Heritage
(1972)
Kyoto Protocol
Rio Declaration on Environment and Development
Copenhagen Summit
International Court of Justice
Legal issues and remedies in global environment law
* International protection of global environments
* Law of the Sea
* The role of international tribunals
* Australia’s role in protecting the global environment
Commonwealth powers
* Trade and commerce power – Fraser Island case
* External affairs power – the Franklin Dam case
* Corporations power
* Environmental Protection Act 1974 (Cth)
* Atomic Energy Act 1973 (Cth)
* Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Morality, ethics, commitment, effectiveness and reform in environmental law
* Morality and ethics and commitment to environmental law
* Effectiveness of environmental law
* Reform of environmental law
* Political issues and the Role of pressure groups
International Environmental Issues
* Protection of endangered species
* Pollution of seas
* Acid rain
* Antarctica
* World forests
* Genetic engineering
* Overfishing
* Genetically modified foods
* World Heritage listings
* Climate change
* Property and economic rights
210
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
211
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Butt, P. Land Law 6th Edition Thomson Reuters.
Chambers & Thomson, 2008, An Introduction to Property Law in Australia, Law Book
Company.
Edgeworth, Rossiter, Stone, O'Connor, Sackville and Neave Australian Property Law, 8th
Edition Butterworths.
Edwards, K. 2007, Essential Equity and Trusts, 2nd Edition Cavenish Publishing.
Gleeson, W . et al, 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Hamper, D. et al, 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al, 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Hiller, K. and Rawson, A. (eds) 2009, ACT Environmental Law Handbook, Environmental
Defender’s Office, Canberra.
Iwobi, A. 2001, Essential Trusts, 3rd Edition, Cavendish Publishing.
Lyser, R. (ed) 2010, In the Wilds of Climate Law, Australian Academic Press, Australia.
Mc Keough, Bowrey, Griffith, 2007, Intellectual Property Commentry and Materials, 4th
Edition Law Book Company.
Moore, G. 2005, Essential Real Property Law Cavendish Publishing.
Nutshell Series, 2008, Intellectual Property, 3rd Edition Law Book Company.
Perkins M., Monahan R. 2008, Estate Planning, 2nd Edition Lexis Nexis Butterworths.
Voyce, Brookhouse, Charaneka, Semple, 2007, Guide to Estate Planning, 2nd Edition CCH.
Audio Visual
Erin Brockovich (video)
212
Board Endorsed December 2010 – updated May 2015
Websites
NSW Department of Fair Trading (on line)
<http://www.fairtrading.nsw.gov.au/realestaterenting/tenantslandlords/tenants.html>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
*These were accurate at the time of publication.
213
Board Endorsed December 2010 – updated May 2015
Media, Sports, Politics and the Law
Value 1.0
This unit combines Media, Politics and the Law 0.5 with Sport and Law 0.5.
Prerequisites
Nil.
Colleges adopting Media, Politics and the Law 0.5 unit must be aware that there is some
content overlap between Human Rights 0.5 and World Order 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Show an understanding of the power structures Demonstrate a knowledge of the power
within the legal and political systems
structures within the legal and political systems
Understand the influences of the individual, the Critically evaluate the interaction of the
media, the government and international
individual, the media, the government and
bodies on law making in Australia.
international bodies on law making in Australia.
Demonstrate an awareness of the relationship
between sport, society and the law
Demonstrate a working knowledge of the
relationship between sport, society and the law
Understand the ability of the legal system in
dealing with sports issues.
Critically evaluate the ability of the legal system
in dealing with sports issues.
214
Board Endorsed December 2010 – updated May 2015
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
What makes a good Law?
• Balance of rights and responsibilities
• Common good balanced against the rights of individuals
• Justice, equity and fairness
Separation of Powers
• The Legislature - Federal and State relations
o The Constitution
o Exclusive, concurrent and residual powers
o Powers under S.51 –defence, external affairs, corporations, etc
o Federalism – expansion, specific purpose grants, etc
• The Judiciary
o High Court – judicial independence
• The Role of the Executive
o Ministerial government
o Public Service
• Republic - Comparison to other systems
International Political influences and media coverage
• Stakeholders
• International events
• Foreign treaties, covenants, and protocols
• Question of national sovereignty
Infringement of individual rights
• Freedom from arbitrary arrest
• Proposed Charter of Rights
• Freedom of Assembly
• Freedom of Association
o The Communist Party case
o Trade Unions
o The Bikie Gangs
215
Board Endorsed December 2010 – updated May 2015
The Power of the Press
• Balance provided by a free press
o Fourth arm of government
o Influence of media on elections
o Influence of media on government policy
o Freedom of Information
o Protection of sources
o Pressure and lobby groups
o Case study - Watergate
• Legal control on the media
o Media ownership laws
o ACMA
o Censorship
o Implied Governmental Immunity
o Defamation
o Contempt of court – publication, suppression, closed court.
Individual participation in Government
• Forms of community consultation
• Informed and critical citizens
• Transparency of legal process
• Accessibility of law – Legal Aid
• Reform
Current legal Issues
• Changing technology
o Blogs, Twitter, etc.
• Access to justice
• The Intervention
• Adversarial system
• State v Federal Powers
• Anti-bikie legislation
Citizen Rights against the State
• Natural justice – Admin law
o Bias rule
o Fair Hearing rule
• Tribunals – tax, social security, sport, etc
• AAT
• ADJR
• Ombudsman
• Freedom of Information
The relationship between sport and the law
• Terminology and legal principles
• Stakeholders (public, business and players)
• Tribunals, courts, codes of conduct and procedures
• Areas of the law: torts, contracts, criminal law, employment law
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Board Endorsed December 2010 – updated May 2015
Discrimination laws and sport
• Pregnancy
• Sexuality
• Age
• Gender
• Disability
• Racial issues
o Vilification
o Quotas (e.g. South African cricket team, mixed netball teams)
Drug laws and sport
• Performance enhancing
• Recreational drugs
• Codes, courts and tribunals
• Testing restrictions
• Personal right
• Privacy
Contracts and sport
• Stakeholders
• Complications with professional sport (media, limited professional span, etc)
• Codes, courts and tribunals
• Cheating – e.g. Ireland and the handball controversy
• Stadium contracts
• Broadcast and media rights and obligations
• Sponsorship
Effectiveness of the law in dealing with professional players
• Case studies related to sporting celebrities and professional players
• Case studies related to sporting role models and their private lives
• Case studies related to social issues and popular opinion
• Case studies related to trial by media/public
Criminal law and sport
• Crimes against the person
o Assault – consent
• Economic crimes (e.g. fraud)
Torts and sport
• Assault and battery - volenti non fit injuria
• Negligence
• Defamation
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Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
218
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B. & Brassil, D 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al 2000, Legal Studies HSC, Longman, Melbourne.
Aldous, J. 2008, Making & Breaking The Law : VCE Units 3 & 4, 8th Ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, Des & Rodrick, S. 2007, Australian Media Law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal Studies : Preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst : The Power Of The Media And The Public To Make Change, UQP, St.
Lucia, Qld.
Kovach, B. And Rosenstiel, T. 2007, The Elements Of Journalism: What Newspeople Should
Know And The Public Should Expect, Revised Updated Edition, Three Rivers.
Mallam, P., Dawson S. & Moriarty, J. 2005, Media And Internet Law And Practice, Rev Ed.
Thomson Lawbook Co, Pyrmont, N.S.W., 3 V. (Loose-Leaf).
McConnell, W.S. 2006, Watergate, An Issue In History, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major Principles Of Media Law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues And Cases, Mcgraw-Hill.
Solomon, D. 2007, Pillars Of Power : Australia’s Institutions, Federation, Annandale, N.S.W.
Aldous, J. 2008, Making & breaking the law : VCE units 3 & 4, 8th ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, D. & Rodrick, S. 2007, Australian media law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal studies : HSC, Pearson Education, Melbourne.
Hamper, D. et al. 2007, Legal studies : preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst: the power of the media and the public to make change, UQP, St.
Lucia, Qld.
Kovach, B. and Rosenstiel, T. 2007, The Elements of Journalism: What Newspeople Should
Know and the Public Should Expect, Three Rivers, Rev Upd edn.
Mallam, P., Dawson, S. & Moriarty, J. 2005, Media and Internet law and practice, rev ed.
Thomson Lawbook Co, Pyrmont, N.S.W.
McConnell, W.S. 2006, Watergate: an issue in history, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major principles of media law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues and Cases, McGraw-Hill.
Solomon, D. 2007, Pillars of power : Australia’s institutions, Federation, Annandale, N.S.W.
219
Board Endorsed December 2010 – updated May 2015
Baskind, E., Pearson, G. and Parrish, R. 2008, Sports Law, Pearson Education Limited,
Australia.
Brassil, B. & Brassil, D., Excel HSC Legal Studies, Pascal Press, Glebe, 2001
Brogan M. et al, 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al., 2000, Legal Studies HSC, Longman, Melbourne.
Jones, M. E. 1999, Sports Law. University of Massachusetts, Lowell.
Web sites
ACMA (online)
<http://www.acma.gov.au>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Copyright Council (online)
<http://www.copyright.org.au>
Australian Federation against Copyright Theft (online)
<http://www.afact.org.au>
Australian Government (online)
<http://www.fed.gov.au>
Australian Government law sites (online)
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_AustralianGovernm
entlawsites
Australian Human Rights Commission (online)
<http://www.humanrights.gov.au>
Communications Law Centre (online)
<http://www.law.uts.edu.au/comslaw/>
Copyright or copywrong (online)
<http://www.copyrightorcopywrong.info/>
Environment Australia (online)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (online)
<http://www.edo.org.au>
220
Board Endorsed December 2010 – updated May 2015
Forestry Australia (online)
<http://www.nafi.com.au/home.html>
Global voices (online)
<http://globalvoicesonline.org/>
Greenpeace (online)
<http://www.greenpeace.org>
Human Rights And Equal Opportunity Commission (online)
<http://www.humanrights.gov.au/>
Intellectual Property Awareness Foundation (online)
<http://www.ipawareness.com.au/Home/>
National Parks and Wildlife Service (NSW) (online)
<http://www.npws.nsw.gov.au>
Legal Aid ACT (online)
<http://www.legalaid.canberra.net.au/>
NSW Environment Protection Authority (online)
<http://www.epa.nsw.gov.au>
Office of the Privacy Commissioner (online)
http://www.privacy.gov.au/
Parliamentary Education Office (online)
<http://www.peo.gov.au/>
Terrorism, Policing And The Media: Controversial Speech By Mick Keelty 2008,
<http://australianpolitics.com/2008/01/29/mick-keelty-speech-on-terrorism.html>
Wilderness Society (online)
<http://www.wilderness.org.au>
Australian Council of Trade Unions (on line)
<http://www.actu.asn.au/>
Australian Industrial Relations Commission (on line)
<http://www.airc.gov.au/>
221
Board Endorsed December 2010 – updated May 2015
Journal Articles
Secrecy Laws and Open Government in Australia 2010, Report 112, Australian Law Reform
Commission
Chesterman, M. 2005, “Criminal trial juries and media reporting”, Infocus; item no. 2418,
State Library of N.S.W., Sydney.
Irving, Dr. H. 2005, “Changing law by parliament”, Legaldate
Keim, S. 2007, “Reflections upon the trial of Dr Haneef”, Precedent
McKinnon, K. 2004, “Courts, juries and the media”, Australian Press Council News
Mowbray, J. and Rolph, D. 2009, “It's a jungle out there: the legal implications of
Underbelly”, in Communications Law Bulletin
Urbas, G. & Gani, M. 2005, The attributes of a fair trial in Australian law, Infocus item no.
2421, State Library of N.S.W., Sydney.
Audio Visual
Erin Brockovich (video)
These were accurate at the time of publication.
222
Board Endorsed December 2010 – updated May 2015
Torts and Current Legal Issues
Value 1.0
This unit combines Torts 0.5 with Current Legal Issues 0.5.
Prerequisites
If colleges choose to deliver the unit Current Legal Issues, it is highly recommended that it be
the last unit of study in a two year program.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
223
Board Endorsed December 2010 – updated May 2015
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
224
Board Endorsed December 2010 – updated May 2015
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
26. Analysis of legal and social issues involved
27. Development of law and social behaviour related to the issues
28. Reference is to be made to leading cases
29. Study of relevant legislation
30. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
225
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
226
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Ellis, E 1988, Thinking about Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
ACT Human Rights Office (on line)
<http://www.hro.act.gov.au/index.html>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Legal Information Institute (on line)
<http://www.austlii.edu.au>
News Limited Australia (on line)
<http://www.news.com.au>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
These were accurate at the time of publication.
227
Board Endorsed December 2010 – updated May 2015
Crime and Consumer Law
Value 1.0
This unit combines Crime 0.5 with Consumer Law 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the criminal law principle,
and processes within the criminal justice
system
Critically analyse the criminal law principles, and
processes within the criminal justice system
Demonstrate an awareness of the legal
significance of everyday consumer transactions
Demonstrate a knowledge of the legal
significance of everyday consumer transactions
Apply consumer rights and responsibilities to
consumer transactions
Critically analyse and apply consumer rights and
responsibilities to consumer transactions
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different
depths as required. It is envisaged that relevant case studies/issues/case law should
be used and referred to throughout.
Issues/case law based
228
Board Endorsed December 2010 – updated May 2015
Concepts of crime
• Factors associated with criminal activity
• Laws and morals
• Cultural influences
• Distinction between criminal and civil liability
• Types of crime e.g. crimes against person/ property/State
• Issues/case law based
• Concept of crime – moral, cultural influences
Principles of Criminal Law
• Presumption of innocence
• Burden of proof
• Standard of proof
• Right to silence
Elements of a Crime
• Harm
• Actus reus
• Mens rea
• Offence studies e.g. assault, murder, manslaughter, theft, drug offences,
dangerous driving, etc.
Sources of law and jurisdictional issues:
• Review of court hierarchy
• Statute law
• Common law (codes, statutes)
• State based law
• Multi-jurisdictional crimes
• Overlap of commonwealth and state/territory jurisdictions
• Different approaches to criminal law in different jurisdictions
Players in the criminal justice system
• The State – judicial, executive (penal and police) and legislative
• Prosecution - DPP
• Victim and victim rights
• Perpetrator/defendant and rights
o Accessories/Accomplices
• Society
Defences
• Complete e.g. self defence, insanity, necessity, provocation
• Partial e.g. provocation, diminished responsibility
Consumer transactions
• Definition
• Types
229
Board Endorsed December 2010 – updated May 2015
Elements of a contract
• Intention to create legal relations
• Offer
• Acceptance
• Consideration
• Capacity
Problems that may arise
• Mistake
• Illegality
• Minors
• Mental status
• Misrepresentation
• Abuse of position of dominance
• Unfair and unconscionable contract
• Estoppel
Remedies
• Conditions and warranties
• Types of remedies
Relevant legislation
• Trade Practices Act (Cth)
• Fair Trading Acts (States/Territories)
• Other specific legislation
Avenues for redress
• Small Claims Court
• Industry dispute and resolution bodies
• Consumer Affairs Bureau
• Credit Tribunal
• Media
Exceptions and special cases of contract
• Insurance
• Corporations
• Cyber contracts
Credit agreements
• Credit cards
• Personal loans and other
• Consumer Credit Codes
230
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
231
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Beazer, M et al. 2008, Access and Justice, Oxford University Press, Melbourne.
Beazer, M et al. n.d., Justice and Outcomes, Oxford University Press, Melbourne.
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Gleeson, W et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Hamper, D. et al 2007, Legal Studies Preliminary, Second Eidtion, Pearson, Melbourne.
Hamper, David et al 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Healy, J. 2009. Violence and Aggression, Spinney Press, Thirroul.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
Prenzier, T. 2009. Ethics and Accountability in Criminal Justice: towards a universal standard.
Australian Academic Press.
Thomas, H. 2009. Judicial Ethics in Australia (3rd Edition). Lexis Nexis, Chatswood.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
A Current Affair (Series), Nine Network
Australian Story (Series), ABC TV
Four Corners (Series), ABC TV
Sunday (Series), Nine Network
Today Tonight (Series), Seven Network
Websites
Australian Competition and Consumer Commission (on line)
<http://www.accc.gov.au/content/index.phtml/itemId/142>
ACT Supreme Court (on line)
<http://www.courts.act.gov.au/supreme/>
Attorney-General’s Department (on line)
<http://www.scaleplus.law.gov.au/>
Federal Court (on line)
<http://www.fedcourt.gov.au/>
ACT Corrective Services (on line)
Australian Federal Police (on line)
County Court of Victoria (on line)
<www.cs.act.gov.au>
<http://www.afp.gov.au/>
<www.countycourt.vic.gov.au>
232
Board Endorsed December 2010 – updated May 2015
‘Danielle Come to Judgement’, Victoria Law Foundation, (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/87
‘Death at Blue Hills’, Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/88>
Law for You (on line)
<http://www.lawforyou.com.au/>
New South Wales Police (on line)
<http://www.police.nsw.gov.au/>
Sentencing Advisory Council (on line)
<www.sentencingcouncil.vic.gov.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
‘We the Jury Teacher Notes’Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/93
These were accurate at time of publication.
233
Board Endorsed December 2010 – updated May 2015
Introduction to Legal Systems
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand how law is defined and the nature
of justice
Knowledge and understanding of how law is
defined and the nature of justice
Issues/case law based
Defining Law
 Laws, rules, norms, customs
 Concept of the rule of law
 Influences on the law: social, cultural, moral, political and economic, physical
 Principles of jurisdiction
 World systems e.g. common law, civil law, Islamic laws, customary laws
 Different types of laws-public/private; civil/criminal
Nature of Justice
 Characteristics of a just law or judicial decision
 Relationship between justice, fairness and equity
 Notion of equality
 Access to justice in Australia
Classification of Laws
 Public and Private Law – e.g. administrative, common, customary, canon, military,
environment, family, etc.
 Civil vs Criminal Laws
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
234
Board Endorsed December 2010 – updated May 2015
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
235
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
236
Board Endorsed December 2010 – updated May 2015
Sources of Australian Law
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
An awareness of the Australian legal
institutions and processes
Knowledge and understanding of Australian
legal institutions and their processes
Issues based
The Australian Constitution
 Functions – distribution of power between Commonwealth and States
 The separation of powers
 Rights and protections
Parliament
 The legislative process – Commonwealth and State/territory
 Delegated legislation
The Courts
 Precedents – ratio decidendi, obiter dictum
 Hierarchy of courts and jurisdiction
Historical Background
 Development of law
 Aboriginal customary law
 English legal system
 Australian Federation
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Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
238
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
239
Board Endorsed December 2010 – updated May 2015
Torts
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
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Board Endorsed December 2010 – updated May 2015
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
241
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
242
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Ellis, E 1988, Thinking about Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Legal Information Institute (on line)
<http://www.austlii.edu.au>
News Limited Australia (on line)
<http://www.news.com.au>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
These were accurate at the time of publication.
243
Board Endorsed December 2010 – updated May 2015
Crime
Value 0.5
It is recommended that students study Crime with Justice.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the criminal law principle,
and processes within the criminal justice
system
Critically analyse the criminal law principles, and
processes within the criminal justice system
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Concepts of crime
• Factors associated with criminal activity
• Laws and morals
• Cultural influences
• Distinction between criminal and civil liability
• Types of crime e.g. crimes against person/ property/State
• Issues/case law based
• Concept of crime – moral, cultural influences
244
Board Endorsed December 2010 – updated May 2015
Principles of Criminal Law
• Presumption of innocence
• Burden of proof
• Standard of proof
• Right to silence
Elements of a Crime
• Harm
• Actus reus
• Mens rea
• Offence studies e.g. assault, murder, manslaughter, theft, drug offences, dangerous
driving, etc.
Sources of law and jurisdictional issues:
• Review of court hierarchy
• Statute law
• Common law (codes, statutes)
• State based law
• Multi-jurisdictional crimes
• Overlap of commonwealth and state/territory jurisdictions
• Different approaches to criminal law in different jurisdictions
Players in the criminal justice system
• The State – judicial, executive (penal and police) and legislative
• Prosecution - DPP
• Victim and victim rights
• Perpetrator/defendant and rights
o Accessories/Accomplices
• Society
Defences
• Complete e.g. self defence, insanity, necessity, provocation
• Partial e.g. provocation, diminished responsibility
245
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17..
246
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Beazer, M et al. 2008, Access and Justice, Oxford University Press, Melbourne.
Beazer, M et al. n.d., Justice and Outcomes, Oxford University Press, Melbourne.
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Gleeson, W et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Hamper, David et al 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Healy, J. 2009. Violence and Aggression, Spinney Press, Thirroul.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
Prenzier, T. 2009. Ethics and Accountability in Criminal Justice: towards a universal standard.
Australian Academic Press.
Thomas, H. 2009. Judicial Ethics in Australia (3rd Edition). Lexis Nexis, Chatswood.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Websites
ACT Corrective Services (on line)
Australian Federal Police (on line)
County Court of Victoria (on line)
<www.cs.act.gov.au>
<http://www.afp.gov.au/>
<www.countycourt.vic.gov.au>
‘Danielle Come to Judgement’, Victoria Law Foundation, (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/87
‘Death at Blue Hills’, Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/88>
Law for You (on line)
<http://www.lawforyou.com.au/>
New South Wales Police (on line)
<http://www.police.nsw.gov.au/>
247
Board Endorsed December 2010 – updated May 2015
Sentencing Advisory Council (on line)
<www.sentencingcouncil.vic.gov.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
‘We the Jury Teacher Notes’Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/93
These were accurate at time of publication.
248
Board Endorsed December 2010 – updated May 2015
Justice
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand how cultures and values of
different groups within society impact on the
criminal justice system
Understand how cultures and values of different
groups within society impact on the criminal
justice system
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Criminal Procedures:
• Pre-Trial
o Police powers
o Bail and remand
• The trial
o Types of hearings
o Procedure and evidence
o The jury
o Sentencing procedures
249
Board Endorsed December 2010 – updated May 2015
Justice and criminology
• Types of sentences
• Purposes of criminal justice system
• Media influence and impact
• Social impact
• Indigenous issues
• Recidivism
• Prisoners rights and issues
• Players in the Criminal Justice Systems
o Role of the state
o Victim rights
• Defendant rights
o Legal aid issues
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
250
Board Endorsed December 2010 – updated May 2015
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Beazer, M et al. 2008, Access and Justice, Oxford University Press, Melbourne.
Beazer, M et al. n.d., Justice and Outcomes, Oxford University Press, Melbourne.
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Gleeson, W et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Hamper, David et al 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Websites
ACT Corrective Services (on line)
Australian Federal Police (on line)
County Court of Victoria (on line)
<www.cs.act.gov.au>
<http://www.afp.gov.au/>
<www.countycourt.vic.gov.au>
‘Danielle Come to Judgement’, Victoria Law Foundation, (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/87
‘Death at Blue Hills’, Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/88>
Law for You (on line)
<http://www.lawforyou.com.au/>
251
Board Endorsed December 2010 – updated May 2015
New South Wales Police (on line)
<http://www.police.nsw.gov.au/>
Sentencing Advisory Council (on line)
<www.sentencingcouncil.vic.gov.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
‘We the Jury Teacher Notes’Victoria Law Foundation (on line)
<http://www.victorialawfoundation.org.au/publications/printed-publications/education/93
These were accurate at time of publication
252
Board Endorsed December 2010 – updated May 2015
Human Rights Law
Value 0.5
Prerequisites
Nil
Colleges adopting Human Rights Law 0.5 unit must be aware that there is some content
overlap between, World Order 0.5 and Media, Politics and the Law 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the tension between the
protection of society and the rights and
liberties of the individual
Critically analyse the tension between the
protection of society and the rights and liberties
of the individual
Understand the proposition that all persons
have equal rights and are entitled to be treated
equally under the law
Understand and identify the proposition that all
persons have equal rights and are entitled to be
treated equally under the law
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
253
Board Endorsed December 2010 – updated May 2015
Defining human rights
• Historical background
• International documents (treaties, charters, conventions, cases etc)
• Role of United Nations
• Role of International tribunals/courts
Human rights in Australia
• Human rights under common law
• Australian Constitution and human rights
• The development of specific legislation
Protection for human rights
• Rule of law
• Bill of rights vs. Human rights charter
• Human Rights Act(ACT)
• Human Rights Commissions
Provision for human rights
• Welfare as a basic human right
• The law as a guarantee of social welfare right
Rights and obligations under the law
• Personal thought
• Personal expression
• The right to own and enjoy land
• Freedom of movement
• Freedom of assembly
• Freedom of association
Discrimination in Society
• Disadvantaged groups based on:
o Racial Discrimination Act (1975) – Cwlth
o Sex Discrimination Act (1984??) – Cwlth
o Human Rights and Equal Opportunity Act (1986) – Cwlth
o Disability Discrimination Act – Cwlth
o Age Discrimination Act – Cwlth
o Privacy Act (1988) - Cwlth
o Relevant State Discrimination Acts
Redress
• Application of the Human Rights Act on other laws in society
• Human Rights Commission
• Commonwealth government assistance
• Legal Aid
• Courts
254
Board Endorsed December 2010 – updated May 2015
Balancing community rights and individual rights
• Powers of search and seizure of goods
• Entrapment
• Surveillance
• Listening devices
o Privacy of letters
o CCTV cameras
o Monitoring of internet
• Exercising police discretionary powers
o Move on powers
o Curfews
Current issues
• Refugees
• Anti-terrorism laws
• P-plate drivers
• Northern Territory Intervention
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
255
Board Endorsed December 2010 – updated May 2015
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Andessen, C. 1993, Educational refugees: Malaysian students in Australia. Clayton, Vic.,
Centre of Southeast Asian Studies, Monash University.
Bailey, P. 2008, The Human Rights Enterprise in Australia and Internationally, Lexis Nexis
Butterworths, Chatswood.
Beazer, M & Gray J. 2008, Access and Justice, Oxford University Press, Melbourne.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Burnside, J. 2010, ‘Refugees and human rights’ in Future justice edited by Helen Sykes,
Future Leaders.
Byrnes, A.; Charlesworth, H. and McKinnon, G. 2009, Bill Of Rights in Australia, Politics and
The Law. UNSW Press.
Chappell, J. Chesterman et al. 2009, Politics of human rights In Australia. Port Melbourne,
Vic., Cambridge University Press.
Dalton, D. 2006, Refugees and asylum seekers. Chicago Heinemann Library.
Evans, C. and Evans, S. 2008, Australian Bills of Rights: The Law of the Victorian Charter and
ACT Human Rights Act, Lexis Nexis Butterworths, Chatswood.
Flynn, M. 2003, Human Rights in Australia: treaties, statutes and cases. Chatswood, N.S.W. ,
LexisNexis Butterworths.
Geber, P. 2010, ‘Growing a better future through human rights education’ in Future Justice
edited by Helen Sykes, Future Leaders.
256
Board Endorsed December 2010 – updated May 2015
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Hamper, D. 2003, ‘Migrants’ in Legal Studies Preliminary. Pearson, South Melbourne. p227282.
Hamper, D. 2003, ‘People who have mental illness or intellectual or physical disability. in
Legal Studies Preliminary. Pearson, South Melbourne, p283-436.
Hamper, D. 2003, ‘Women’ in Legal Studies Preliminary. Pearson, South Melbourne, p283331.
Hamper, D. ‘Youth the aged and people of differing sexual identity’ in Legal studies
preliminary. Pearson, South Melbourne. P332-378.
Healy, J. (ed) 2007, Child poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2002, Poverty. Spinney Press, Thirroul.
Healy, J. (ed) 2006, World poverty. Spinney Press, Thirroul.
Healy, K. (ed) 1998, Native title. Spinney Press, Thirroul.
Kaye, S.and Piotrowicz, R. (eds) 2000, Human Rights and International Australian law.
Butterworths, Chatswood.
Kinley, D. (ed) 1998, Human rights in Australian law: principles, practice and potential.
Federation Press.
Kirby, M. 2010, ‘Homosexuality and love’ in Future Justice edited by Helen Sykes, Future
Leaders.
Kneebone, S. 2009, Refugees, asylum seekers and the rule of law: comparative perspectives.
New York, Cambridge University Press.
Lanqwith, J. (ed). 2008, Death and dying. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Depression. Jacqueline Lanqwith. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Discrimination. Detroit, Greenhaven.
Lanqwith, J. (ed). 2008, Human rights. Detroit, Greenhaven.
Lanqwith, J. (ed). 2009, Renewable Energy. Detroit, Greenhaven.
Lanqwith, J. (ed). 2007, Stemcells. Detroit, Greenhaven.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
Luntz, H., Hambly, D., and Burns, K. 2008, Torts: Cases and Commentary, 6th ed. Lexis Nexis
Butterworths, Chatswood.
Maccallum, M. 2002, Girt by sea: Australia, the refugees and the politics of fear. Black Inc.,
Melbourne.
Mansouri, F. 2006, Asylum seekers in Howard's Australia: the social and economic cost of
temporary protection visas. Deakin University, Geelong.
Mares, P. 2002, Borderline: Australia's response to refugees and asylum seekers in the wake
of the Tampa. UNSW Press, Sydney.
257
Board Endorsed December 2010 – updated May 2015
Offord, B. 2003, Homosexual rights as human rights: activism in Indonesia, Singapore and
Australia. Oxford, New York.
Parker, M. and Derwent, B. 1995, ‘Case study: Aborigines and the Torres Strait Islanders’ in
Pathways to justice law and society. Book 2. 2nd ed. Longman, p289-333.
Phillips, D. 2009, Human Rights. Chelsea House Publishers, New York.
Reid, A. 1998, ‘Merdeka: The concept of freedom in Indonesia’ in Asian freedoms : the idea
of Freedom in East and South east Asia. Ed by David Kelly and Anthony Reid. Cambridge,
Melbourne, P141-160.
Robinson, J. 2010, ‘Self-determination and the limits of justice : West Papua and East Timor’
in Future Justice edited by Helen Sykes, Future Leaders.
Saul and Crock. 2006, Future seekers II: refugees and irregular migration In Australia.
Annandale, N.S.W.: Federation Press.
Saul and Crock. 2006, Future Seekers: refugees and law in Australia. Annandale, N.S.W.:
Federation Press.
Saunders, C. 2010, ‘The Australian Constitution and our rights’ in Future Justice edited by
Helen Sykes, Future Leaders.
Soliz, Adela (ed) 2006, Human Rights. Detroit, Greenhaven.
Wallace, J. and Pagone, T. 1990, Rights and Freedoms in Australia. Federation Press.
Whittaker, D. 2006, Asylum seekers and refugees in the contemporary world. Oxfordshire,
England : Routledge.
Williams, G. 2010, ‘The Victorian Charter of human rights and responsibilities’ rights’ in
Future Justice edited by Helen Sykes, Future Leaders.
Newspaper Articles
‘Australian Government’s hard line’. Jakarta Post. p19 23 Jul 2005.
Banham, Cynthia (2008) ‘Afghans sent home to die’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/afghans-sent-home-todie/2008/10/26/1224955853319.html
Banham, Cynthia (2008) ‘It's hell for Afghans we rejected’ Sydney Morning Herald, 27 Oct.
http://www.smh.com.au/news/national/its-hell-for-afghans-werejected/2008/10/26/1224955854962.html
Cronin, Danielle. (2008) ‘Compensation call for detention centre 'victims'’. The Canberra
Times, 30 Oct. http://www.canberratimes.com.au/news/local/news/general/compensationcall-for-detention-centre-victims/1347263.aspx
‘Fear of the known’ Sydney Morning Herald. 27 Oct 2008.
http://www.smh.com.au/news/entertainment/tv--radio/fear-of-theknown/2008/11/17/1226770329274.html
‘Royal commission call as refugees killed’ The Australian. 27 Oct 2008.
http://www.safecom.org.au/well-founded-fear.htm
Shears, Richard. ‘Getting tough on refugees’. Daily Mail. P36 29 Sep 2001.
Skelton, Russell. ‘Files risk halts flow of refugees, Australia acts on Syrian demands’. The
Age. P4 30 Jan 2010.
Toy, Mary Anne. ‘Tragedy of refugee Australia sent back’. Sydney Morning Herald. P19 21
Jun 2008.
258
Board Endorsed December 2010 – updated May 2015
‘Treatment of asylum seekers condemned by group’. Peace River Block Daily News. p12. 10
Dec 2002.
Weaver, Matthew. (2008). ‘Taliban killed Afghan asylum seekers that Australia sent back,
report claims’ The Guardian, 27 Oct.
http://www.guardian.co.uk/world/2008/oct/27/australia-afghanistan
Journal Articles
Fisk, L. 2006, ‘Politics of exclusion, practice of inclusion: Australia’s response to refugees and
the case for community based human rights’. The International Journal of Human Rights.
Vol 10, No 3 September. pp 219-229.
Fleay, C. 2008, ‘Engaging in human rights diplomacy: the Australia-China bilateral dialogue
approach’. The International Journal of Human Rights. Vol 12, Issue 2 pp 233-252.
Palmer, D. 2009, ‘The quest for wriggle room: Australia and the Refugee Convention, 1953’.
Australian Journal of International Affairs. Vol 63, Issue 2, June pp 290-308.
Pugliese, J. 2004, ‘The incommensurability of law to justice: refugees and Australia’s
temporary protection visa’. Law and Literature, Vol 16, No 3 (Autumn) pp 285-311.
Schweitzer, Perkoudlidis, Krome, [et al]. 2005, Attitudes towards refugees: the dark side of
prejudice in Australia’. Australian Journal of Psychology. Vol 57, Issue 3 December. Pp 170179.
Michaelsen, C. 2005, ‘Derogating from international human rights, obligations in the war
against terrorism? : A British – Australia perspective’. Terrorism and Political Violence. Vol
17 No 1.
Web sites
Web Law on Human Rights (on line)
<http://www.weblaw.edu.au/weblaw/display_page.phtml?WebLaw_Page=Human+Rights>
ABC (on line)
<http://www.abc.net.au/civics/rights/default.htm>
ACT Human Rights Office (on line)
<http://www.hro.act.gov.au/index.html>
Australian Human Rights Centre (on line)
<http://www.ahrcentre.org/>
Commonwealth Department of Foreign Affairs and Trade (on line)
<http://www.dfat.gov.au/hr>
Federal Discrimination Law Online
<http://www.hreoc.gov.au/legal/FDL/index.html>
Genocide – Learning Experiences and Instruction (on line)
<http://urbandreams.ousd.k12.ca.us/lessonplans/genocide/learningexperience.html>
History of Human Rights (on line)
<http://www.universalrights.net/main/histof.htm>
Human Rights and Equal Opportunity Commission (on line) <http://www.hreoc.gov.au/>
Human Rights Watch (on line)
<www.hrw.org>
Let’s talk about rights – Toolkit (online)
<http://www.humanrights.gov.au/letstalkaboutrights/info.html>
Parliament House and the Parliamentary Library (on line)
<http://www.aph.gov.au/library/intguide/law/civlaw.htm>
The Centre for Public Law, University of New South Wales (on line)
<http://www.gtcentre.unsw.edu.au/bills-of-rights-resources-arguments-for-andagainst.asp>
259
Board Endorsed December 2010 – updated May 2015
The Human Rights Council of Australia (on line)
<http://www.hrca.org.au>
United Nations Cyber School Bus – Global Teaching and Learning projects (on line)
<http://www.cyberschoolbus.un.org/crc/motion.html>
ACT Human Rights Commission (on line)
<http://www.hrc.act.gov.au/>
Aljazeera, Doha, Qatar. (on line)
<http://english.aljazeera.net/>
Amnesty International Australia. (on line)
<http://www.amnesty.org.au/>
Amnesty International. (on line)
<http://www.amnesty.org/>
Anti-Discrimination Commission Queensland (on line)
<http://www.adcq.qld.gov.au>
Australian Human Rights Commission (on line)
Australian Human Rights Group (on line)
<www.hreoc.gov.au>
<http://www.humanrightsact.com.au>
Equal Opportunity Commission South Australia (on line)
Human Rights Commission of Malaysia (on line)
<http://www.eoc.sa.gov.au>
<http://www.suhakam.org.my>
Library of Congress (USA) Declaration of Independence (4 July 1776) and Bill of Rights (25
September 1789.) (on line)
<http://memory.loc.gov/ammem/help/constRedir.html>
Non-Singapore Government site (on line)
<http://www.thinkcentre.org>
Office of the anti discrimination Commissioner, Tasmania (on line)
<http://www.antidiscrimination.tas.gov.au/>
Singaporeans for Human Rights (on line)
United Nations Human Rights (on line)
<http://www.sghumanrights.org>
<http://www.un.org/en/rights/>
United Nations Refugee Agency (on line)
<www.unhcr.org>
Universal Declaration of Human Rights (on line) <http://www.un.org/en/documents/udhr/>
Victorian Equal Opportunity & Human Rights Commission (on line)
<http://www.equalopportunitycommission.vic.gov.au/home.asp>
Audio Visual
Australian Story Series, ABC TV
Four Corners Series, ABC TV
In the Name of the Father (video)
Reality Bites Series, ABC TV
Sunday, Nine Network
Australia's Anti-Terror Laws. ABC, Sydney, 2007
Brunuel, Diego. Don't Tell My Mother I'm in the Holy Land. National Geographic,
Washington, c2009.In Detention - Locking Up Asylum Seekers . Video Education Australasia,
Bendigo, 2004Moore, Michael. Fahrenheit 9/11. IMBPro. London, 2004.
Well-Founded Fear. SBS, Sydney, 2008
*These were accurate at the time of publication.
260
Board Endorsed December 2010 – updated May 2015
Family Law
Value 0.5
Prerequisites
Nil.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Family structures
• Functions of families
• Legal rights and obligations between family members
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
261
Board Endorsed December 2010 – updated May 2015
•
•
•
•
Domestic Relationships Act 1994 (ACT)
Polygamous marriages
Traditional Aboriginal marriages
Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
262
Board Endorsed December 2010 – updated May 2015
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
263
Board Endorsed December 2010 – updated May 2015
Specific Unit Resources
Books
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Web sites
The Family Court of Australia (on line)
ABC (on line)
<www.familycourt.gov.au >
<http://www.abc.net.au/civics/rights/default.htm>
Child Support Agency (on line)
<http://www.csa.gov.au/>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
Family Law Advice (on line)
and-justice/family-law>
Family Relationship Centres (on line)
<http://www.dvcs.org.au/>
<http://australia.gov.au/topics/law<www.familyrelationships.gov.au/frc>
264
Board Endorsed December 2010 – updated May 2015
Audio Visual
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
Reality Bites Series, ABC TV
Sunday, Nine Network
*These were accurate at time of publication.
265
Board Endorsed December 2010 – Amended October 2013
World Order
Value 0.5
Prerequisites
Nil.
Colleges adopting World Order 0.5 unit must be aware that there is some content overlap
between Human Rights Law 0.5, Media, Politics and the Law 0.5 and Media, Politics and the
Law 0.5. Overlapping content should not be covered in detail if already studied in another
unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Effectively analyse the legal and social
problems involved in world order.
Critically analyse the legal and social problems
involved in world order.
Understand the relationship between the
various global and regional players.
Understand and identify the relationship
between the various global and regional
players.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Reasons for world order
• Historical overview
• Overview of international law
• Role of global and regional players
266
Board Endorsed December 2010 – Amended October 2013
Conflict
• Types of conflict
• Limiting conflict
• Impact of conflict
Working for World Order
• World government/ regional federation
• Peace enforcement/Peacekeeping
• Regulation of conduct through war/ Humanitarian intervention
o The Geneva Convention
o Red Cross
• Terrorism and world order
Implementation of international agreements and change
• Historical overview of treaty system and customary law
• Barriers e.g. political systems, State jurisdictions
• Methods for change e.g.
o Force/ Other enforcement mechanisms
o International instruments
o Non-governmental organisations
o The media
o The role of international tribunals
Effectiveness of international law
• For individuals
• For nation states
Trade agreements
• Need for trade agreements
• Effect of trade agreements
• Specific case studies (e.g. Australia & the US, Europe)
International crime
• Types of international crime
• Relationship between international law and domestic laws
• Enforcing international crimes
• An international criminal court
Environmental issues
• Climate change
• Development and access of resources (water)
Refugee Issues
• Migration and immigration
267
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
268
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Barrie Pittock, A. 2005, Climate change: turning up the heat. CSIRO, Collingwood.
Bartlett, C J. 1984, The Global Conflict: the international rivalry of the great powers, 18801970. Longman, London.
Bayliss, J.; Smith, S. 2001, The globalization of world politics: an introduction to international
relations.Oxford University Press, Oxford.
Bekou, O. and Cryer, R. (eds) 2004, International Criminal Court, The. Ashgate/Dartmouth,
Aldershot, Hants, England; Burlington.
Bickerton, I. J.; Hill, M. 2005, The Arab-Israeli conflict. McGraw-Hill, Sydney.
Carew, E. 1996, The language of money. Allen & Unwin, St Leonards.
Cornelius, H. 1989, Everyone Can Win: How To Resolve Conflict. Simon Schuster, Brookvale.
Devetak, R.; Burke, A.; George, J. 2007, An Introduction To International Relations: Australian
Perspectives. Cambridge University Press, Cambridge.
Evans, G. 1998, The Penguin Dictionary of International Relations. London: Penguin.
Gilbert, G. 2006, Responding to international crime. Martinus Nijhoff, Leiden, Boston.
Harrison, B. J. The treaty of Versailles and the League of Nations. Brooks, Sydney.
Henson, R. 2008, The Rough guide to climate change. Rough Guides, London.
Hewison, G. 1989, The Global Factor: issues and images in International law.Redfern legal
centre, Redfern
Hibbert, A. 2006, Keeping Peace in the World. Franklin Watts, London.
Hodges, A.,Nilep, C. and Benjamins, J. (eds) 2007, Discourse, war and terrorism. Amsterdam;
Philadelphia.
Huntingdon, S. P. 1998, The clash of civilizations and the remaking of world order.
Touchstone Books (Simon & Schuster), London.
Kaye, S. 2000, Human rights in international and Australian law. Butterworth, Sydney.
Klare, M. 2002, Resource Wars : the new landscape of global conflict. Henry Holt, New York.
Koechler , H. 2002, Hans Koechler Manila lectures 2002: terrorism and the quest for a just
world order. Foundation for Social Justice, Quezon City, Philippines.
Long, C.J. 1996, The Middle East in search of peace. Millbrook Press, Brookfield.
Mandle, B. 1976, Conflict in the Promised land. Heinemann, Auckland.
269
Board Endorsed December 2010 – Amended October 2013
McCormick, J. 1999, Understanding the European Union : a concise introductionPalgrave,
Hampshire.
McCuen, G. 1992, A new world order and military intervention. Gem, Hudson.
Minnis, I. 2001, The Arab-Israeli conflict. Heinemann, Oxford.
Olásolo, H. 2005, The triggering procedure of the International Criminal Court. M. Nijhoff
Publishers, Leiden ; Boston.
Pittock, B. (ed) 2003, Climate change: an Australian guide to science and potential impacts.
Australian Greenhouse Office, Canberra.
Ralph, J. 2007, Defending the society of states: why America opposes the International
Criminal Court and its vision of world society. Oxford University Press, Oxford.
Kluwer et al (eds) 1999, The International Criminal Court: The Making of the Rome Statute,
issues, negotiations, results, Law International, The Hague ; Boston
Saikal, A. 2003, Islam and the West: Conflict or Cooperation? Palgrave Macmillian
Basingstoke, Hampshire.
Schartzenberger, T (ed). 2007, International Law. Weigl, New York.
Sedoglavich, V. 2010, International Strategic Management, McGraw Hill, Australian National
University Press, Canberra.
Smith, D. 1999, The State of the World Atlas. Penguin, Harmondsworth, Middlesex.
Southwick, C. 1996, Global ecology in human perspective. Oxford University Press, New York.
Stafford, J. 2006, The European Union: political, social and economic cooperation. Mason
Crest, Philadelphia.
Sykes, H. (ed) 2008, Issues of our time. Future leaders, Sydney.
Taudevin, L. 1999, East Timor: Too little too late. Duffy & Snellgrove, Sydney.
Taylor, John G. 1999, East Timor; the price of freedom. Zed Books, London.
Torr, James D. (ed) 2004, U.S. policy toward rogue nations. Greenhaven Press, San Diego.
Walker, J. 2000, Environmental Ethics. Hodder & Stoughton, London.
Warren, D. 2001, Climate change. Royal Society of Chemistry, London.
Wheatcroft, A. 2003, Infidels: a history of the conflict between Christendom and
Islam.Penguin, London.
270
Board Endorsed December 2010 – Amended October 2013
Newspaper Articles
Aitkin, Don. ‘One cool view of global warming’. The Canberra Times. 3 April 2009.
http://www.canberratimes.com.au/news/opinion/editorial/general/one-cool-view-ofglobal-warming/135653.aspx
Andrews, Matt.; Pollard, Paul; Mackenzie, David. ‘It's simple: global warming is a reality with
evidence’. The Canberra Times. 13 May 2009.
http://www.canberratimes.com.au/news/opinion/letters/general/its-simple-globalwarming-is-a-reality-with-evidence/1511516.aspx
‘Asia gets its confidence back’. Straits Times. 12 March 2010.
http://www.straitstimes.com/SME%2BSpotlight/This%2Bweek%2Bwith%2BHSBC/Story/STIS
tory_501275.html
Bolt, Andrew. ‘Not Christmas for the Islanders’. Courier Mail. 3 March 2010.
http://blogs.news.com.au/couriermail/andrewbolt/index.php/couriermail/comments/not_c
hristmas_for_the_islanders/
Burchell, Scott. ‘Capitalism in crisis’. The Age. 8 October 2008.
http://www.theage.com.au/opinion/capitalism-in-crisis-20081007-4vt5.html?page=-1
Burchell, Scott. ‘No reason to assume she'll be right, mate’. The Age. 27 Aug 2009.
http://www.theage.com.au/news/opinion/no-reason-to-assume-shell-be-rightmate/2007/08/26/1188066941620.html?page=fullpage#contentSwap1
Cheam, Jessica. ‘Climate crisis OUR problem’ Straits Times. 29 January 2009.
http://blogs.straitstimes.com/2009/2/20/climate-crisis-is-our-problem
Cooper, Mex. International crime syndicate linked to ATM scam. The Age [online]. 24 March
2009. http://www.theage.com.au/national/international-crime-syndicate-linked-to-atmscam-20090324-986t.html
‘Credit Crisis - Bailout Plan’. The New York Times. 10 December 2009.
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html
‘Credit Crisis — The Essentials’. The New York Times. 10 January 2010.
http://topics.nytimes.com/top/reference/timestopics/subjects/c/credit_crisis/index.html
Evans-Prichard, Ambrose. ‘Credit crunch sweeps Asia’. Sydney Morning Herald. 23
November 2007. http://www.smh.com.au/business/credit-crisis-sweeps-asia-200711221c7p.html
Garnaut, John. ‘China's credit crunch’. Sydney Morning Herald. 21 January 2010.
http://www.smh.com.au/business/chinas-credit-crunch-20100120-mlqg.html
‘Global economic crisis and Indonesia’. The Jakarta Post. 5 May 2009.
http://www.thejakartapost.com/news/2009/05/05/global-economic-crisis-andindonesia.html
‘Global Financial Crisis: 10 key points to consider’. The Age. 26 February 2009.
http://www.theage.com.au/national/education/the-global-financial-crisis-10-key-points-toconsider-20090226-8ipo.html
271
Board Endorsed December 2010 – Amended October 2013
‘Gloomy, w/ a 15% chance of depression’ Left business observer. December 2008.
http://www.leftbusinessobserver.com/Gloomy.html
‘It’s not the end of the world’. The Jakarta Post. 26 March 2010.
http://www.thejakartapost.com/news/2010/03/15/editorial-it%E2%80%99s-not-endworld.html
Murdoch, Scot. ‘Families facing credit crunch’. The Australian. 1 January 2008.
http://www.theaustralian.com.au/news/families-facing-credit-crunch/story-e6frg6n61111115225028
Overbye, Dennis. ‘They tried to outsmart Wall Street’. The New York Times. 9 March 2009.
http://www.nytimes.com/2009/03/10/science/10quant.html
Stewart, Jenny. ‘Global system tends to chaos’. The Canberra times. 29 July 2009.
http://www.canberratimes.com.au/news/opinion/editorial/general/global-system-tends-tochaos/1580865.aspx
‘Surprising the market no big deal – Stevens’. Australian Financial Review. 26 March 2010.
http://afr.com/p/national/surprising_the_market_no_big_deal_UFYal0qNWx8x6wcFZFSKVJ
‘Theweek in review: G20 addresses global crisis’. The Jakarta Post. 5 April 2009.
http://www.thejakartapost.com/news/2009/04/05/the-week-review-g20-addresses-globalcrisis.html
‘When global warming heat is on, Rudd's resolve melts away’. The Canberra times. 29 March
2009. http://www.canberratimes.com.au/news/opinion/letters/general/when-globalwarming-heat-is-on-rudds-resolve-melts-away/1466202.aspx
Web sites
Australian Crime Commission. Organized crime in Australia 2009 (on line)
<http://www.crimecommission.gov.au/publications/oca/_files/2009/2009_oca_complete.p
df>
Australian Crime Commission. When bad things happen to your good name. (on line)
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_commu
nity_your_good_name.pdf>
Australian Crime Commission. When bad things happen to your good business name.
<http://www.crimecommission.gov.au/publications/other/_files/id_crime/id_crime_busines
s_your_good_name.pdf>
Australian Parliamentary Library (on line), article by Hancock, N
<http://www.aph.gov.au/library/pubs/rp/2001-02/02rp12.htm>
Community Aid Abroad Nike campaign watch (on line)
<http://www.oxfam.org.au/campaigns/nike/>
Crimes of War Project (on line)
<http://www.crimesofwar.org/>
272
Board Endorsed December 2010 – Amended October 2013
International Committee of the Red Cross (Geneva Convention) (on line)
<http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions>
International Committee of the Red Cross. Movement action in favour of refugees and
internally displaced persons 2003 (on line)
<http://www.icrc.org/Web/eng/siteeng0.nsf/html/5WSGRF>
International Court of Justice (on line)
<http://www.icj.org/>
International Federation of Red Cross and Red Crescent Societies. Outcomes of the 28th
International Conference of the Red Cross and Red Crescent 2004. (on line)
<http://www.ifrc.org/docs/pubs/disasters/factsheet10eng.pdf>
International Labour Organisation (on line)
<http://www.ilo.org/>
International Peace Bureau (on line)
<http://www.ipb.org/>
Interpol. Bioterrorism. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST02.pdf>
Interpol. Counterfeit payment cards database (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT03.pdf>
Interpol. Crime against children (on line).
<http://www.interpol.int/Public/ICPO/FactSheets/THB03.pdf+>
Interpol. Cybercrime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT02.pdf>
Interpol. Drug trafficking. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO01.pdf>
Interpol. Environmental crime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST03.pdf>
Interpol. Firearms. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST04.pdf>
Interpol. Intellectual property crime. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/FHT01.pdf>
Interpol. Maritime piracy. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/DCO03.pdf>
Interpol. People smuggling. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/THB01.pdf>
Interpol. Terrorism. (on line)
<http://www.interpol.int/Public/ICPO/FactSheets/PST01.pdf>
273
Board Endorsed December 2010 – Amended October 2013
Interpol. Trafficking in human beings (on line).
<http://www.interpol.int/Public/ICPO/FactSheets/THB02.pdf>
National Drug Strategy. National drug strategy : Aboriginal and Torres Strait Islander Peoples
Complementary Action Plan 2003–2009. (on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/54
5C92F95DF8C76ACA257162000DA780/$File/indigenous-action.pdf>
National Drug Strategy. National drug strategy : Australia’s integrated framework 2002-2009.
(on line)
<http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/5E
AED77A78166EB5CA2575B4001353A4/$File/framework0409.pdf>
NGO Committee on Disarmament, Peace and Security (on line)
<http://www.igc.apc.org/disarm/>
Reserve Bank of Australia. Interest Rate Decisions – 2010. (on line)
<http://www.rba.gov.au/monetary-policy/int-rate-decisions/index.html>
Reserve Bank of Australia. About Monetary Policy – 2010 (on line)
<http://www.rba.gov.au/monetary-policy/about.html>
Reserve Bank of Australia. Cash rate target. (on line)
<http://www.rba.gov.au/statistics/cash-rate.html>
Reserve Bank of Australia. Global Developments in Inflation – 2010 (on line)
<http://www.rba.gov.au/publications/smp/boxes/2010/feb/a.pdf>
Reserve Bank of Australia. Price and Wage Developments : Recent developments in inflation
2010 (on line)
<http://www.rba.gov.au/publications/smp/2010/feb/html/price-wage-dev.html>
UNHCR – The UN refugee agency. The 1951 Refugee Convention - Questions & Answers,
2007 edition (on line)
<http://www.unhcr.org/3c0f495f4.html>
UNHCR – The UN refugee agency. Convention and Protocol Relating to the Status of
Refugees (on line)
<http://www.unhcr.org/3b66c2aa10.html>
UNHCR – The UN refugee agency. Asylum Levels and Trends in Industrialized Countries
2009: Statistical Overview of Asylum Applications Lodged in Europe and Selected NonEuropean Countries. (on line)
<http://www.unhcr.org/4ba7341a9.html>
UNHCR – The UN refugee agency. Refugee Protection and Human Trafficking: Selected Legal
Reference Materials, First Edition. (on line)
<http://www.unhcr.org/4986fd6b2.html>
UNHCR – The UN refugee agency. States Parties to the 1951 Convention and its 1967
Protocol (on line)
<http://www.unhcr.org/3b73b0d63.html>
274
Board Endorsed December 2010 – Amended October 2013
UNHCR – The UN refugee agency. (Browse by country). (on line)
<http://www.unhcr.org/>
UNHCR – The UN refugee agency. Asia and the pacific. 2010 Regional Operations Profile Asia and the Pacific. (on line)
<http://www.unhcr.org/pages/4a02d8ec6.html>
United nations. Charter of the United Nations. (on line)
<http://www.un.org/en/documents/charter/>
United Nations (on line)
<http://www.un.org/english/>
Audio Visual
Addicted to money. 1. Who killed the economy? 2. No where to hide. 3. Peak everything.
ABC, Sydney, 2009.
Fahrenheit 9/11 (video, 2004)
Hotel Rwanda (DVD, 2004)
Q & A: Money and trees - the green stuff. ABC, Sydney, 2008.
The ascent of money. (Part1 Dreams of Avarice 47mins 28 May 2009 / Part 2 Human
Bondage ABC1 47mins 4 June 2009 / Part 4 Risky business ABC1 47mins 18 June 2009 / Part
5 Safe as houses ABC1 47mins 25 June 2009 /Part 6 Chimerica ABC1 47mins) ABC1. 2 July
2009. ABC, Sydney, 2009.
The Corporation (DVD with study guide)
The Fog of War (video, 2004).
The Kingdom (DVD, 2007)
*These were accurate at time of publication.
275
Board Endorsed December 2010 – Amended October 2013
Cyber Crime
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of changing social
and technological issues in cyber crime
Demonstrate a knowledge of changing social
and technological issues in cyber crime
Understand the effectiveness of the law in
responding to technological change
Evaluate the effectiveness of the law in
responding to technological change
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Definition and Overview of Cybercrime
• Classification of cyber crime
• Technology use
• Scope/types
• Virtual world crimes – avatars, fraud, theft, etc
Legal Framework
• Cyber crime code of practice
• Criminal Code
• International and Domestic
Identification and Reporting Cyber Crime
• ISP practice and obligations
276
Board Endorsed December 2010 – Amended October 2013
• Police response
• Computer Forensics
• International and Domestic
Privacy and Security issues
• Access
• Email
• Fraud – bank scams, stolen identities, mass mailing worms, ghost websites
• Hacking
• Spam – phishing, whaling
• Viruses
• Cyber-bullying/stalking
• Cyber patriots and Wikileaks
Censorship
• National security
• Pornography and offensive materials
• Web nannies
• Case Study China
• Cyber-limits
Education and prevention
• Attorney-General’s Department (AGD)
o Electronic Transactions Act
o Developments in the UNCITRAL Electronic Commerce Working Group
o Advice on electronic commerce policy
• Other organisations
o Federal government internet safety body Net-Alert
• E-mail etiquette
Effectiveness of cyber crime law
• Legal response – time lags, severity, etc
• Evolution of Legal Principles
o Application in cyberspace/artificial worlds
o Standards of proof
o Burden of proof
Resolutions and future of cyber crime types
Social Impacts of technology
277
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
278
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Cybercrime 2004, Parliamentary Joint Committee on the Australian Crime Commission,
Canberra.
Balkin, J. M. (ed.) 2007, Cybercrime: digital cops in a networked environment, New York
University Press, New York.
Buehler, M. 2009, Encyclopedia of Cyber Crime, Greenwood, USA.
Donovan, F. & Bernier, K. 2009, Cyber crime fighters: tales from the trenches, Pearson,
London.
Goldsmith, A. et al (ed.) 2006, Crime and justice: a guide to criminology, Lawbook Co,
Sydney.
Higgins, G. E. 2010, Cybercrime: an introduction to an emerging phenomenon, McGraw-Hill
Higher Education, Boston.
Hinduja, Sameer & Patchin, J. 2009, Bullying beyond the schoolyard : preventing and
responding to cyberbullying, Corwin, Thousand Oaks, Calif.
Keen, C. 2004, Hackers’ tales: stories from the electronic front line, Carlton, London.
Kowalski, R. M. et al 2008, Cyber bullying: bullying in the digital age, Blackwell, Malden,
Mass.
McGrath, K. P. 2009, Cybercrime: how to handle computer crime, MCLE, Boston.
McQuade, S. et al 2009, Cyber bullying: protecting kids and adults from online bullies,
Praeger, Westport.
Ross, J. 2010, Cybercrime, Chelsea House, New York.
Shariff, S. 2009, Confronting cyber-bullying: what schools need to know to control
misconduct and avoid legal consequences, Cambridge University Press, New York.
Smith, R. G. et al 2004, Cyber criminals on trial, Cambridge University Press, New York.
Stickley, J. 2009 The truth about identity theft, Pearson, Upper Saddle River, N.J.
Wall, D. S. 2007, Cybercrime : the transformation of crime in the information age, Polity,
Cambridge.
Willard, N. E. 2007, Cyberbullying and cyberthreats: responding to the challenge of online
social aggression, threats and distress, Research Press, Champaign, Illinois.
Yount, L. (ed.) 2006, Does the Internet increase the risk of crime? Greenhaven, Detroit.
Williams, M. 2006, Virtually Criminal: Crime Deviance and Regulation Online. Routledge,
London.
Williams, C. 2004, Terrorism Explained: The facts about terrorism and terrorist groups. New
Holland, Sydney.
279
Board Endorsed December 2010 – Amended October 2013
Journal Articles
Bronitt, S. & Gani, M. 2003, “Shifting the boundaries of cybercrime: from computer hacking
to cyber-terrorism”, Criminal Law Journal, Odgers & Yeo (eds)
Watters, M. 2009, Journal of cybercrime, Mt Helen, Vic. Vol. 1, no. 1 published Jan.
Websites
Attorney-General’s Department (on line)
<http://www.ag.gov.au>
AusCERT (on line)
<http://www.auscert.org.au>
Australian Broadcasting Authority (on line)
<http://www.aba.gov.au>
Australian Communication & Media Authority (on line)
<www.acma.gov.au>
Australian Communications Authority (on line)
<http://www.acpr.gov.au>
Australian Communications Authority (on line)
<http://www.aca.gov.au>
Australian Crime Commission (on line)
<www.crimecommission.gov.au>
Australian Federal Police (on line)
<www.afp.gov.au>
Australian Institute of Criminology (on line)
<www.aic.gov.au>
Australian Institute of Criminology (on line)
<www.aic.gov.au>
Australian Law Online
<www.australianlawonline.gov.au>
International Journal of Cyber Criminology. (on line)
<http://www.cybercrimejournal.co.nr>
280
Board Endorsed December 2010 – Amended October 2013
Audio Visual
Australian Story (Series), ABC TV
Cyber Guerillas 2008, Gedeon Programmes. Written and directed by Jean-Martial Lefranc.
Cyber Survivor 2009, CHOICEZ Media.
Fear in The Fast Lane 2009, Four Corners, ABC.
Four Corners – A Clear and Present Danger (Series), ABC TV, 2001
Four Corners – Your Money and Your Life (Series) ABC TV, 2005
Four Corners – Fear in the Fast Lane (Series) ABC TV, 2009
Hackers 2004, MGM Home Entertainment.
Stolen ID 2008, Inside Australia, SBS.
Sunday (Series), Nine Network
The Bullies’ Playground 2009 Four Corners, ABC.
Web Warriors 2008, Tell Tale Productions.
*These were accurate at the time of publication.
281
Board Endorsed December 2010 – Amended October 2013
Consumer Law
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the legal
significance of everyday consumer transactions
Demonstrate a knowledge of the legal
significance of everyday consumer transactions
Apply consumer rights and responsibilities to
consumer transactions
Critically analyse and apply consumer rights and
responsibilities to consumer transactions
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Consumer transactions
• Definition
• Types
Elements of a contract
• Intention to create legal relations
• Offer
• Acceptance
• Consideration
• Capacity
Problems that may arise
• Mistake
282
Board Endorsed December 2010 – Amended October 2013
•
•
•
•
•
•
•
Illegality
Minors
Mental status
Misrepresentation
Abuse of position of dominance
Unfair and unconscionable contract
Estoppel
Remedies
• Conditions and warranties
• Types of remedies
Relevant legislation
• Trade Practices Act (Cth)
• Fair Trading Acts (States/Territories)
• Other specific legislation
Avenues for redress
• Small Claims Court
• Industry dispute and resolution bodies
• Consumer Affairs Bureau
• Credit Tribunal
• Media
Exceptions and special cases of contract
• Insurance
• Corporations
• Cyber contracts
Credit agreements
• Credit cards
• Personal loans and other
• Consumer Credit Codes
283
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
284
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Brassil, B. & Brassil, D., Excel HSC Legal Studies, Pascal Press, Glebe, 2001
Gleeson, W. et al, Heinemann Legal Studies Preliminary Course, Third Edition, Heinemann,
Melbourne, 2007
Hamper, D. et al, Legal Studies Preliminary, Second Eidtion, Pearson, Melbourne, 2007
Hamper, D. et al, Legal Studies HSC, Second Edition, Longman, Melbourne, 2008
Web sites
Australian Competition and Consumer Commission (on line)
<http://www.accc.gov.au/content/index.phtml/itemId/142>
ACT Supreme Court (on line)
<http://www.courts.act.gov.au/supreme/>
Attorney-General’s Department (on line)
<http://www.scaleplus.law.gov.au/>
Federal Court (on line)
<http://www.fedcourt.gov.au/>
Audio Visual
A Current Affair (Series), Nine Network
Australian Story (Series), ABC TV
Four Corners (Series), ABC TV
Sunday (Series), Nine Network
Today Tonight (Series), Seven Network
*These were accurate at the time of publication.
285
Board Endorsed December 2010 – Amended October 2013
Property Law
Value 0.5
Prerequisites
Nil.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the elements of
property and succession law.
Demonstrate a knowledge of the elements of
property and succession law.
Apply property and succession law.
Critically analyse and apply property and
succession law.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Property
• Concept and dimensions – what can a person own, how can they own it?
• Personal and realty
• Possession and ownership
• Concept of title
• Mabo and Native Title
• Joint tenancy and tenancy in common
• Fragmentation of title and strata title
• Leasehold and freehold
286
Board Endorsed December 2010 – Amended October 2013
Contracts of leasing
• Sources of law
• Residential Tenancy Act 1997
• Types of leases
• Duties of landlords and tenants
• Remedies
Land transactions
• Concept of title
• Mabo and the Native Title Act (Cth)
• Leasehold and freehold
• Duties on parties involved in transactions
• Conveyancing
• Mortgages
• Remedies
Personal property
• Tangible and intangible
• Remedies
Intellectual Property
Succession
• Wills
o Requirements of a valid will
o Duties of persons involved
o Drafting a will
• Probate
o Procedure of will settlement
o Executors’ responsibilities
• Intestacy
o Total and partial
o Provisions
• Family provision
o Who can claim
• Public Trustee
• Trusts and estates
287
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
288
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Butt, P. Land Law 6th Edition Thomson Reuters.
Chambers & Thomson, 2008, An Introduction to Property Law in Australia, Law Book
Company.
Edgeworth, Rossiter, Stone, O'Connor, Sackville and Neave Australian Property Law, 8th
Edition Butterworths.
Edwards, K. 2007, Essential Equity and Trusts, 2nd Edition Cavenish Publishing.
Iwobi, A. 2001, Essential Trusts, 3rd Edition, Cavendish Publishing.
Moore, G. 2005, Essential Real Property Law Cavendish Publishing.
Mc Keough, Bowrey, Griffith, 2007, Intellectual Property Commentry and Materials, 4th
Edition Law Book Company.
Nutshell Series, 2008, Intellectual Property, 3rd Edition Law Book Company.
Perkins M., Monahan R. 2008, Estate Planning, 2nd Edition Lexis Nexis Butterworths.
Voyce, Brookhouse, Charaneka, Semple, 2007, Guide to Estate Planning, 2nd Edition CCH.
Websites
NSW Department of Fair Trading (on line)
<http://www.fairtrading.nsw.gov.au/realestaterenting/tenantslandlords/tenants.html>
*These were accurate at the time of publication.
289
Board Endorsed December 2010 – Amended October 2013
Environmental Law
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an understanding of
environmental law and its relationship to
society
Demonstrate a knowledge of environmental law
and its relationship to society
Understand the effectiveness of the law in
responding to environmental issues
Critically evaluate the effectiveness of the law in
responding to environmental issues
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Key legal concepts and features
• The concept of the environment
• The need for global protection
• Concepts and terms in environmental agreements
• Implementation and problems of international environmental agreements
290
Board Endorsed December 2010 – Amended October 2013
The United Nations response and development
• International Convention for Regulation of Whaling (1946)
• The Antarctic Treaty
• The Convention for the Conservation of Antarctic Seals (1972)
• The Convention Concerning the Protection of the World Cultural and National Heritage
(1972)
• Kyoto Protocol
• Rio Declaration on Environment and Development
• Copenhagen Summit
• International Court of Justice
Legal issues and remedies in global environment law
• International protection of global environments
• Law of the Sea
• The role of international tribunals
• Australia’s role in protecting the global environment
Commonwealth powers
• Trade and commerce power – Fraser Island case
• External affairs power – the Franklin Dam case
• Corporations power
• Environmental Protection Act 1974 (Cth)
• Atomic Energy Act 1973 (Cth)
• Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Morality, ethics, commitment, effectiveness and reform in environmental law
• Morality and ethics and commitment to environmental law
• Effectiveness of environmental law
• Reform of environmental law
• Political issues and the Role of pressure groups
International Environmental Issues
• Protection of endangered species
• Pollution of seas
• Acid rain
• Antarctica
• World forests
• Genetic engineering
• Overfishing
• Genetically modified foods
• World Heritage listings
• Climate change
• Property and economic rights
291
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
292
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Gleeson, W . et al, 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Hamper, D. et al, 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al, 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Lyser, R. (ed) 2010, In the Wilds of Climate Law, Australian Academic Press, Australia.
Hiller, K. and Rawson, A. (eds) 2009, ACT Environmental Law Handbook, Environmental
Defender’s Office, Canberra.
Web sites
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
Audio Visual
Erin Brockovich (video)
*These were accurate at the time of publication.
293
Board Endorsed December 2010 – Amended October 2013
Sport and Law
Value 0.5
Prerequisites
It is recommended that at least one The Introduction to Introduction to Legal Systems 0.5
and/or Sources of Australian Law 0.5 are completed before undertaking this unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the relationship
between sport, society and the law
Demonstrate a working knowledge of the
relationship between sport, society and the law
Understand the ability of the legal system in
dealing with sports issues.
Critically evaluate the ability of the legal system
in dealing with sports issues.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
The relationship between sport and the law
• Terminology and legal principles
• Stakeholders (public, business and players)
• Tribunals, courts, codes of conduct and procedures
• Areas of the law: torts, contracts, criminal law, employment law
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Board Endorsed December 2010 – Amended October 2013
Discrimination laws and sport
• Pregnancy
• Sexuality
• Age
• Gender
• Disability
• Racial issues
o Vilification
o Quotas (e.g. South African cricket team, mixed netball teams)
Drug laws and sport
• Performance enhancing
• Recreational drugs
• Codes, courts and tribunals
• Testing restrictions
• Personal right
• Privacy
Contracts and sport
• Stakeholders
• Complications with professional sport (media, limited professional span, etc)
• Codes, courts and tribunals
• Cheating – e.g. Ireland and the handball controversy
• Stadium contracts
• Broadcast and media rights and obligations
• Sponsorship
Effectiveness of the law in dealing with professional players
• Case studies related to sporting celebrities and professional players
• Case studies related to sporting role models and their private lives
• Case studies related to social issues and popular opinion
• Case studies related to trial by media/public
Criminal law and sport
• Crimes against the person
o Assault – consent
• Economic crimes (e.g. fraud)
Torts and sport
• Assault and battery - volenti non fit injuria
• Negligence
• Defamation
295
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
296
Board Endorsed December 2010 – Amended October 2013
Assessment
Refer to page 17.
Specific Unit Resources
Books
Baskind, E., Pearson, G. and Parrish, R. 2008, Sports Law, Pearson Education Limited,
Australia.
Brassil, B. & Brassil, D., Excel HSC Legal Studies, Pascal Press, Glebe, 2001
Brogan M. et al, 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al., 2000, Legal Studies HSC, Longman, Melbourne.
Jones, M. E. 1999, Sports Law. University of Massachusetts, Lowell.
Web sites
Australian Council of Trade Unions (on line)
<http://www.actu.asn.au/>
Australian Industrial Relations Commission (on line)
<http://www.airc.gov.au/>
These were accurate at the time of publication.
297
Board Endorsed December 2010 – Amended October 2013
Legal Issues and Gen Z
Value 0.5
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an understanding of the rights
and responsibilities of young people.
Demonstrate knowledge of the conflict
between the rights and responsibilities of young
people.
Understand the effectiveness of the law for
young people.
Critically evaluate the effectiveness of the law
and response to young people.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
Key legal concepts and principles
• Definitions of adult, juvenile, youth, child.
o Categorisation under the law
• Historical background
• Socio-cultural dynamics
• Relationship dynamics
298
Board Endorsed December 2010 – Amended October 2013
Economic Issues and development
• Employment
• Financial decision making
o Purchasing goods and services
Social Issues
• Family Issues
• Sexual Issues
• Drugs
• Alcohol
• Driving
• Relationships
• Cyber Issues
• Education - Earn or Learn
• Bullying
• Welfare benefits
Personal Integrity Issues
• Medical Issues
• Freedom of movement
Criminal Issues
• Procedures and process
• Justice
o Restorative practices
Legal Responsiveness
• Policy issues
• Empowerment and representation
• Reform
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
299
Board Endorsed December 2010 – Amended October 2013
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
300
Board Endorsed December 2010 – Amended October 2013
Web sites
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Government (on line)
<http://www.fed.gov.au>
Environment Australia (on line)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (on line)
<http://www.edo.org.au>
Forestry Australia (on line)
<http://www.nafi.com.au/home.html>
Greenpeace (on line)
<http://www.greenpeace.org>
National Children’s and Youth Law Centre (on line)
<http://www.ncylc.org.au/navabout.htm>
National Parks and Wildlife Service (NSW) (on line)
<http://www.npws.nsw.gov.au>
NSW Environment Protection Authority (on line)
<http://www.epa.nsw.gov.au>
Wilderness Society (on line)
<http://www.wilderness.org.au>
These were accurate at the time of publication.
301
Board Endorsed December 2010 – Amended October 2013
Media, Politics, Cyber Crime and the Law
Value 1.0
This unit combines Media, Politics and the Law 0.5 and Cyber Crime 0.5.
Prerequisites
Colleges adopting Media, Politics and the Law 0.5 or this 1.0 combined unit must be aware
that there is some content overlap with Human Rights 0.5 and World Order 0.5. Overlapping
content should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Show an understanding of the power structures Demonstrate a knowledge of the power
within the legal and political systems
structures within the legal and political systems
Understand the influences of the individual, the Critically evaluate the interaction of the
media, the government and international
individual, the media, the government and
bodies on law making in Australia.
international bodies on law making in Australia.
Demonstrate an awareness of changing social
and technological issues in cyber crime
Demonstrate a knowledge of changing social
and technological issues in cyber crime
Understand the effectiveness of the law in
responding to technological change
Evaluate the effectiveness of the law in
responding to technological change
302
Board Endorsed December 2010 – Amended October 2013
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
What makes a good Law?
• Balance of rights and responsibilities
• Common good balanced against the rights of individuals
• Justice, equity and fairness
Separation of Powers
• The Legislature - Federal and State relations
o The Constitution
o Exclusive, concurrent and residual powers
o Powers under S.51 –defence, external affairs, corporations, etc
o Federalism – expansion, specific purpose grants, etc
• The Judiciary
o High Court – judicial independence
• The Role of the Executive
o Ministerial government
o Public Service
• Republic - Comparison to other systems
International Political influences and media coverage
• Stakeholders
• International events
• Foreign treaties, covenants, and protocols
• Question of national sovereignty
Infringement of individual rights
• Freedom from arbitrary arrest
• Proposed Charter of Rights
• Freedom of Assembly
• Freedom of Association
o The Communist Party case
o Trade Unions
o The Bikie Gangs
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Board Endorsed December 2010 – Amended October 2013
The Power of the Press
• Balance provided by a free press
o Fourth arm of government
o Influence of media on elections
o Influence of media on government policy
o Freedom of Information
o Protection of sources
o Pressure and lobby groups
o Case study - Watergate
• Legal control on the media
o Media ownership laws
o ACMA
o Censorship
o Implied Governmental Immunity
o Defamation
o Contempt of court – publication, suppression, closed court.
Individual participation in Government
• Forms of community consultation
• Informed and critical citizens
• Transparency of legal process
• Accessibility of law – Legal Aid
• Reform
Current legal Issues
• Changing technology
o Blogs, Twitter, etc.
• Access to justice
• The Intervention
• Adversarial system
• State v Federal Powers
• Anti-bikie legislation
Citizen Rights against the State
• Natural justice – Admin law
o Bias rule
o Fair Hearing rule
• Tribunals – tax, social security, sport, etc
• AAT
• ADJR
• Ombudsman
• Freedom of Information
Definition and Overview of Cybercrime
• Classification of cyber crime
• Technology use
• Scope/types
• Virtual world crimes – avatars, fraud, theft, etc
304
Board Endorsed December 2010 – Amended October 2013
Legal Framework
• Cyber crime code of practice
• Criminal Code
• International and Domestic
Identification and Reporting Cyber Crime
• ISP practice and obligations
• Police response
• Computer Forensics
• International and Domestic
Privacy and Security issues
• Access
• Email
• Fraud – bank scams, stolen identities, mass mailing worms, ghost websites
• Hacking
• Spam – phishing, whaling
• Viruses
• Cyber-bullying/stalking
• Cyber patriots and Wikileaks
Censorship
• National security
• Pornography and offensive materials
• Web nannies
• Case Study China
• Cyber-limits
Education and prevention
• Attorney-General’s Department (AGD)
o Electronic Transactions Act
o Developments in the UNCITRAL Electronic Commerce Working Group
o Advice on electronic commerce policy
• Other organisations
o Federal government internet safety body Net-Alert
• E-mail etiquette
Effectiveness of cyber crime law
• Legal response – time lags, severity, etc
• Evolution of Legal Principles
o Application in cyberspace/artificial worlds
o Standards of proof
o Burden of proof
Resolutions and future of cyber crime types
Social Impacts of technology
305
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17..
306
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, Des & Rodrick, S. 2007, Australian Media Law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal Studies : Preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst : The Power Of The Media And The Public To Make Change, UQP, St.
Lucia, Qld.
Kovach, B. And Rosenstiel, T. 2007, The Elements Of Journalism: What Newspeople Should
Know And The Public Should Expect, Revised Updated Edition, Three Rivers.
Mallam, P., Dawson S. & Moriarty, J. 2005, Media And Internet Law And Practice, Rev Ed.
Thomson Lawbook Co, Pyrmont, N.S.W., 3 V. (Loose-Leaf).
McConnell, W.S. 2006, Watergate, An Issue In History, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major Principles Of Media Law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues And Cases, Mcgraw-Hill.
Solomon, D. 2007, Pillars Of Power : Australia’s Institutions, Federation, Annandale, N.S.W.
Aldous, J. 2008, Making & breaking the law : VCE units 3 & 4, 8th ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, D. & Rodrick, S. 2007, Australian media law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal studies : HSC, Pearson Education, Melbourne.
Hamper, D. et al. 2007, Legal studies : preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst: the power of the media and the public to make change, UQP, St.
Lucia, Qld.
Kovach, B. and Rosenstiel, T. 2007, The Elements of Journalism: What Newspeople Should
Know and the Public Should Expect, Three Rivers, Rev Upd edn.
Mallam, P., Dawson, S. & Moriarty, J. 2005, Media and Internet law and practice, rev ed.
Thomson Lawbook Co, Pyrmont, N.S.W.
McConnell, W.S. 2006, Watergate: an issue in history, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major principles of media law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues and Cases, McGraw-Hill.
Solomon, D. 2007, Pillars of power : Australia’s institutions, Federation, Annandale, N.S.W.
307
Board Endorsed December 2010 – Amended October 2013
Web sites
ACMA (online)
<http://www.acma.gov.au>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Copyright Council (online)
<http://www.copyright.org.au>
Australian Federation against Copyright Theft (online)
<http://www.afact.org.au>
Australian Government (online)
<http://www.fed.gov.au>
Australian Government law sites (online)
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_AustralianGovernm
entlawsites
Australian Human Rights Commission (online)
<http://www.humanrights.gov.au>
Communications Law Centre (online)
<http://www.law.uts.edu.au/comslaw/>
Copyright or copywrong (online)
<http://www.copyrightorcopywrong.info/>
Environment Australia (online)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (online)
<http://www.edo.org.au>
Forestry Australia (online)
<http://www.nafi.com.au/home.html>
Global voices (online)
<http://globalvoicesonline.org/>
Greenpeace (online)
<http://www.greenpeace.org>
Human Rights And Equal Opportunity Commission (online)
<http://www.humanrights.gov.au/>
Intellectual Property Awareness Foundation (online)
<http://www.ipawareness.com.au/Home/>
National Parks and Wildlife Service (NSW) (online)
<http://www.npws.nsw.gov.au>
Legal Aid ACT (online)
<http://www.legalaid.canberra.net.au/>
NSW Environment Protection Authority (online)
<http://www.epa.nsw.gov.au>
Office of the Privacy Commissioner (online)
http://www.privacy.gov.au/
Parliamentary Education Office (online)
<http://www.peo.gov.au/>
Terrorism, Policing And The Media: Controversial Speech By Mick Keelty 2008,
<http://australianpolitics.com/2008/01/29/mick-keelty-speech-on-terrorism.html>
Wilderness Society (online)
<http://www.wilderness.org.au>
308
Board Endorsed December 2010 – Amended October 2013
Journal Articles
Secrecy Laws and Open Government in Australia 2010, Report 112, Australian Law Reform
Commission
Chesterman, M. 2005, “Criminal trial juries and media reporting”, Infocus; item no. 2418,
State Library of N.S.W., Sydney.
Irving, Dr. H. 2005, “Changing law by parliament”, Legaldate
Keim, S. 2007, “Reflections upon the trial of Dr Haneef”, Precedent
McKinnon, K. 2004, “Courts, juries and the media”, Australian Press Council News
Mowbray, J. and Rolph, D. 2009, “It's a jungle out there: the legal implications of
Underbelly”, in Communications Law Bulletin
Urbas, G. & Gani, M. 2005, The attributes of a fair trial in Australian law, Infocus item no.
2421, State Library of N.S.W., Sydney.
Audio VisualErin Brockovich (video)
Books
Cybercrime 2004, Parliamentary Joint Committee on the Australian Crime Commission,
Canberra.
Balkin, J. M. (ed.) 2007, Cybercrime: digital cops in a networked environment, New York
University Press, New York.
Buehler, M. 2009, Encyclopedia of Cyber Crime, Greenwood, USA.
Donovan, F. & Bernier, K. 2009, Cyber crime fighters: tales from the trenches, Pearson,
London.
Goldsmith, A. et al (ed.) 2006, Crime and justice: a guide to criminology, Lawbook Co,
Sydney.
Higgins, G. E. 2010, Cybercrime: an introduction to an emerging phenomenon, McGraw-Hill
Higher Education, Boston.
Hinduja, Sameer & Patchin, J. 2009, Bullying beyond the schoolyard : preventing and
responding to cyberbullying, Corwin, Thousand Oaks, Calif.
Keen, C. 2004, Hackers’ tales: stories from the electronic front line, Carlton, London.
Kowalski, R. M. et al 2008, Cyber bullying: bullying in the digital age, Blackwell, Malden,
Mass.
McGrath, K. P. 2009, Cybercrime: how to handle computer crime, MCLE, Boston.
McQuade, S. et al 2009, Cyber bullying: protecting kids and adults from online bullies,
Praeger, Westport.
Ross, J. 2010, Cybercrime, Chelsea House, New York.
Shariff, S. 2009, Confronting cyber-bullying: what schools need to know to control
misconduct and avoid legal consequences, Cambridge University Press, New York.
Smith, R. G. et al 2004, Cyber criminals on trial, Cambridge University Press, New York.
Stickley, J. 2009 The truth about identity theft, Pearson, Upper Saddle River, N.J.
Wall, D. S. 2007, Cybercrime : the transformation of crime in the information age, Polity,
Cambridge.
Willard, N. E. 2007, Cyberbullying and cyberthreats: responding to the challenge of online
social aggression, threats and distress, Research Press, Champaign, Illinois.
Yount, L. (ed.) 2006, Does the Internet increase the risk of crime? Greenhaven, Detroit.
309
Board Endorsed December 2010 – Amended October 2013
Williams, M. 2006, Virtually Criminal: Crime Deviance and Regulation Online. Routledge,
London.
Williams, C. 2004, Terrorism Explained: The facts about terrorism and terrorist groups. New
Holland, Sydney.
Journal Articles
Bronitt, S. & Gani, M. 2003, “Shifting the boundaries of cybercrime: from computer hacking
to cyber-terrorism”, Criminal Law Journal, Odgers & Yeo (eds)
Watters, M. 2009, Journal of cybercrime, Mt Helen, Vic. Vol. 1, no. 1 published Jan.
Websites
Attorney-General’s Department (on line)
<http://www.ag.gov.au>
AusCERT (on line)
<http://www.auscert.org.au>
Australian Broadcasting Authority (on line)
<http://www.aba.gov.au>
Australian Communication & Media Authority (on line)
<www.acma.gov.au>
Australian Communications Authority (on line)
<http://www.acpr.gov.au>
Australian Communications Authority (on line)
<http://www.aca.gov.au>
Australian Crime Commission (on line)
<www.crimecommission.gov.au>
Australian Federal Police (on line)
<www.afp.gov.au>
Australian High Tech Crimes Centre (on line)
<www.aic.gov.au>
Australian Institute of Criminology (on line)
<www.aic.gov.au>
Australian Law Online
<www.australianlawonline.gov.au>
International Journal of Cyber Criminology. (on line)
<http://www.cybercrimejournal.co.nr>
310
Board Endorsed December 2010 – Amended October 2013
Audio Visual
Australian Story (Series), ABC TV
Cyber Guerillas 2008, Gedeon Programmes. Written and directed by Jean-Martial Lefranc.
Cyber Survivor 2009, CHOICEZ Media.
Fear in The Fast Lane 2009, Four Corners, ABC.
Four Corners – A Clear and Present Danger (Series), ABC TV, 2001
Four Corners – Your Money and Your Life (Series) ABC TV, 2005
Four Corners – Fear in the Fast Lane (Series) ABC TV, 2009
Hackers 2004, MGM Home Entertainment.
Stolen ID 2008, Inside Australia, SBS.
Sunday (Series), Nine Network
The Bullies’ Playground 2009 Four Corners, ABC.
Web Warriors 2008, Tell Tale Productions.
311
Board Endorsed December 2010 – Amended October 2013
Media, Politics and the Law
Value 0.5
Prerequisites
Nil.
Colleges adopting Media, Politics and the Law 0.5 unit must be aware that there is some
content overlap between Human Rights 0.5 and World Order 0.5. Overlapping content
should not be covered in detail if already studied in another unit.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Show an understanding of the power structures Demonstrate a knowledge of the power
within the legal and political systems
structures within the legal and political systems
Understand the influences of the individual, the Critically evaluate the interaction of the
media, the government and international
individual, the media, the government and
bodies on law making in Australia.
international bodies on law making in Australia.
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
What makes a good Law?
• Balance of rights and responsibilities
• Common good balanced against the rights of individuals
• Justice, equity and fairness
312
Board Endorsed December 2010 – Amended October 2013
Separation of Powers
• The Legislature - Federal and State relations
o The Constitution
o Exclusive, concurrent and residual powers
o Powers under S.51 –defence, external affairs, corporations, etc
o Federalism – expansion, specific purpose grants, etc
• The Judiciary
o High Court – judicial independence
• The Role of the Executive
o Ministerial government
o Public Service
• Republic - Comparison to other systems
International Political influences and media coverage
• Stakeholders
• International events
• Foreign treaties, covenants, and protocols
• Question of national sovereignty
Infringement of individual rights
• Freedom from arbitrary arrest
• Proposed Charter of Rights
• Freedom of Assembly
• Freedom of Association
o The Communist Party case
o Trade Unions
o The Bikie Gangs
The Power of the Press
• Balance provided by a free press
o Fourth arm of government
o Influence of media on elections
o Influence of media on government policy
o Freedom of Information
o Protection of sources
o Pressure and lobby groups
o Case study - Watergate
• Legal control on the media
o Media ownership laws
o ACMA
o Censorship
o Implied Governmental Immunity
o Defamation
o Contempt of court – publication, suppression, closed court.
Individual participation in Government
• Forms of community consultation
• Informed and critical citizens
• Transparency of legal process
• Accessibility of law – Legal Aid
• Reform
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Board Endorsed December 2010 – Amended October 2013
Current legal Issues
• Changing technology
o Blogs, Twitter, etc.
• Access to justice
• The Intervention
• Adversarial system
• State v Federal Powers
• Anti-bikie legislation
Citizen Rights against the State
• Natural justice – Admin law
o Bias rule
o Fair Hearing rule
• Tribunals – tax, social security, sport, etc
• AAT
• ADJR
• Ombudsman
• Freedom of Information
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
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Board Endorsed December 2010 – Amended October 2013
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B. & Brassil, D 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al 2000, Legal Studies HSC, Longman, Melbourne.
Aldous, J. 2008, Making & Breaking The Law : VCE Units 3 & 4, 8th Ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, Des & Rodrick, S. 2007, Australian Media Law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal Studies : Preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst : The Power Of The Media And The Public To Make Change, UQP, St.
Lucia, Qld.
Kovach, B. And Rosenstiel, T. 2007, The Elements Of Journalism: What Newspeople Should
Know And The Public Should Expect, Revised Updated Edition, Three Rivers.
Mallam, P., Dawson S. & Moriarty, J. 2005, Media And Internet Law And Practice, Rev Ed.
Thomson Lawbook Co, Pyrmont, N.S.W., 3 V. (Loose-Leaf).
McConnell, W.S. 2006, Watergate, An Issue In History, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major Principles Of Media Law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues And Cases, Mcgraw-Hill.
315
Board Endorsed December 2010 – Amended October 2013
Solomon, D. 2007, Pillars Of Power : Australia’s Institutions, Federation, Annandale, N.S.W.
Aldous, J. 2008, Making & breaking the law : VCE units 3 & 4, 8th ed., Macmillan, South
Yarra.
Bloy, D. 2007, Media Law, Sage Publications, London.
Butler, D. & Rodrick, S. 2007, Australian media law, Lawbook, Sydney.
Hamper, D. et al. 2007, Legal studies : HSC, Pearson Education, Melbourne.
Hamper, D. et al. 2007, Legal studies : preliminary, Pearson Education, Melbourne.
King, M. 2005, Catalyst: the power of the media and the public to make change, UQP, St.
Lucia, Qld.
Kovach, B. and Rosenstiel, T. 2007, The Elements of Journalism: What Newspeople Should
Know and the Public Should Expect, Three Rivers, Rev Upd edn.
Mallam, P., Dawson, S. & Moriarty, J. 2005, Media and Internet law and practice, rev ed.
Thomson Lawbook Co, Pyrmont, N.S.W.
McConnell, W.S. 2006, Watergate: an issue in history, Greenhaven, Detroit.
Overbeck, W. and Belmas, G. 2010, Major principles of media law, Wadsworth.
Paterson, P. and Wilkins, L. 2007, Media Ethics: Issues and Cases, McGraw-Hill.
Solomon, D. 2007, Pillars of power : Australia’s institutions, Federation, Annandale, N.S.W.
Web sites
ACMA (online)
<http://www.acma.gov.au>
Australian Conservation Foundation (on line)
<http://www.acfonline.org>
Australian Copyright Council (online)
<http://www.copyright.org.au>
Australian Federation against Copyright Theft (online)
<http://www.afact.org.au>
Australian Government (online)
<http://www.fed.gov.au>
Australian Government law sites (online)
<http://www.ag.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_AustralianGovernm
entlawsites
Australian Human Rights Commission (online)
<http://www.humanrights.gov.au>
Communications Law Centre (online)
<http://www.law.uts.edu.au/comslaw/>
Copyright or copywrong (online)
<http://www.copyrightorcopywrong.info/>
316
Board Endorsed December 2010 – Amended October 2013
Environment Australia (online)
<http://www.erin.gov.au>
Environmental Defenders Office Ltd (online)
<http://www.edo.org.au>
Forestry Australia (online)
<http://www.nafi.com.au/home.html>
Global voices (online)
<http://globalvoicesonline.org/>
Greenpeace (online)
<http://www.greenpeace.org>
Human Rights And Equal Opportunity Commission (online)
<http://www.humanrights.gov.au/>
Intellectual Property Awareness Foundation (online)
<http://www.ipawareness.com.au/Home/>
National Parks and Wildlife Service (NSW) (online)
<http://www.npws.nsw.gov.au>
Legal Aid ACT (online)
<http://www.legalaid.canberra.net.au/>
NSW Environment Protection Authority (online)
<http://www.epa.nsw.gov.au>
Office of the Privacy Commissioner (online)
http://www.privacy.gov.au/
Parliamentary Education Office (online)
<http://www.peo.gov.au/>
Terrorism, Policing And The Media: Controversial Speech By Mick Keelty 2008,
<http://australianpolitics.com/2008/01/29/mick-keelty-speech-on-terrorism.html>
Wilderness Society (online)
<http://www.wilderness.org.au>
317
Board Endorsed December 2010 – Amended October 2013
Journal Articles
Secrecy Laws and Open Government in Australia 2010, Report 112, Australian Law Reform
Commission
Chesterman, M. 2005, “Criminal trial juries and media reporting”, Infocus; item no. 2418,
State Library of N.S.W., Sydney.
Irving, Dr. H. 2005, “Changing law by parliament”, Legaldate
Keim, S. 2007, “Reflections upon the trial of Dr Haneef”, Precedent
McKinnon, K. 2004, “Courts, juries and the media”, Australian Press Council News
Mowbray, J. and Rolph, D. 2009, “It's a jungle out there: the legal implications of
Underbelly”, in Communications Law Bulletin
Urbas, G. & Gani, M. 2005, The attributes of a fair trial in Australian law, Infocus item no.
2421, State Library of N.S.W., Sydney.
Audio VisualErin Brockovich (video)
These were accurate at the time of publication.
318
Board Endorsed December 2010 – Amended October 2013
Torts and Family Law
Value 1.0
This unit combines Torts 0.5 and Family Law 0.5.
Prerequisites
Nil
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Effectively analyse the legal and social
problems involved in family relations and the
courts’ role
Critically analyse the legal and social problems
involved in family relations and the courts’ role
Understand the relationship between family
institutions and the legal system
Understand and identify the relationship
between family institutions and the legal system
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
319
Board Endorsed December 2010 – Amended October 2013
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
•
Family structures
• Functions of families
• Legal rights and obligations between family members
•
320
Board Endorsed December 2010 – Amended October 2013
Marriage and the law
• Engagements
• The nature of marriage
• Separating state concept of a marriage from that of a religious concept
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
Other personal relationships
• De facto/domestic relationship – differences to marriage
• Domestic Relationships Act 1994 (ACT)
• Polygamous marriages
• Traditional Aboriginal marriages
• Homosexual relationships
Children
• Best interests of the child
• Adoption and surrogacy
• Position of ex-nuptial children
• New birth technologies
• Removal of children from parents
Crisis in family relationships
• Causes of violence
• Domestic violence
• DVO/AVOs
• Child abuse
Family Court of Australia
• Origins
• Jurisdiction
• Key principles of the Family Court
• Recognition of foreign marriages
History of changes in dispute resolution
• Mediation and negotiation
• Procedure for dissolution
• Conciliation (division of property)
• Residence and contact
• Parenting orders
• Family Relationship Centres
Current family law issues
• Shared custody
• Changes to recognition of same sex marriages/unions
• Other policy issues
321
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
322
Board Endorsed December 2010 – Amended October 2013
Assessment
Refer to page 17.
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Ellis, E 1988, Thinking about Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Butterworths Student Companions Family Law 4th Edition Lexis Nexis Butterworths
Altobelli, T. & Sensier I. 2009, Practising Family Law 2nd Edition Lexis Nexis Butterworths.
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Dalby R. 2005, Essential Family Law 3rd Edition Cavendish.
Gleeson, W . et al. 2007, Heinemann Legal Studies Preliminary Course, Third Edition,
Heinemann, Melbourne.
Goulding, T. 1995, The Law Handbook, 5th edition, Redfern Legal Centre Publishing, Sydney.
Hamper, D. et al. 2007, Legal Studies Preliminary, Second Edition, Pearson, Melbourne.
Hamper, D. et al. 2008, Legal Studies HSC, Second Edition, Longman, Melbourne.
Le Cornu, D. et al. 2006, Cambridge Legal Studies HSC, Cambridge University Press,
Melbourne.
McDonald, P. 1995, Families in Australia, Australian Institute of Family Studies, Sydney.
Mills E. 2009, Family Law 3rd Edition Lexus Nexis Tutorial Series Butterworths.
Monahan G. & Hyams R. 2008, Family Law Law Book Company.
Parkinson P. 2009, Australian Family Law in Context 4th Edition Law Book Company.
Spencer D. 2005, Essential Dispute Resolution,2nd Edition Cavendish Publishing.
Young, L. & Monahan G. 2009, Family Law in Australia, Lexis Nexis Butterworths.
323
Board Endorsed December 2010 – Amended October 2013
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Legal Information Institute (on line)
<http://www.austlii.edu.au>
News Limited Australia (on line)
<http://www.news.com.au>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
The Family Court of Australia (on line)
ABC (on line)
<www.familycourt.gov.au >
<http://www.abc.net.au/civics/rights/default.htm>
Child Support Agency (on line)
<http://www.csa.gov.au/>
De Facto Relationships (on line)
<http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorc
e/De+facto+relationships/>
Domestic Violence Advocacy service (on line)
<http://www.womenslegalnsw.asn.au/domestic-violence-advocacy-service-dvas.htm>
Domestic Violence Crisis Service (on line)
Family Law Advice (on line)
and-justice/family-law>
Family Relationship Centres (on line)
<http://www.dvcs.org.au/>
<http://australia.gov.au/topics/law<www.familyrelationships.gov.au/frc>
Cases
Corbett v Corbett (1971) P83
Hyde v Hyde and Woodmansee (1866) LR 1 P. & D. 130
Audio Visual
324
Board Endorsed December 2010 – Amended October 2013
Australian Story Series, ABC TV
Crash (DVD, 2005)
Four Corners Series, ABC TV
Reality Bites Series, ABC TV
Sunday, Nine Network
These were accurate at the time of publication.
325
Board Endorsed December 2010 – Amended October 2013
Torts and Current Legal Issues
Value 1.0
This unit combines Torts 0.5 and Current Legal Issues 0.5.
Prerequisites
If colleges choose to deliver this unit, it is highly recommended that it be the last unit of
study in a two year program.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Understand and describe civil law, liability and
remedies as it relates to the law of tort
Understand and explain civil law, liability and
remedies as it relates to the law of torts
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based.
326
Board Endorsed December 2010 – Amended October 2013
Torts
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
• Donoghue v Stevenson (1932) AC 52
• Development of duty of care concept
• Proximity, causation, reasonable foresee ability
• Remoteness of damage
• Defences
Types of Remedies
• Damages
• Injunction
• Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
• Private
• Public
Defamation
• Common law definition
• Statutory provision
Employers’ liability
• Vicarious liability
• Common law and statutory duties
• Workers’ compensation
Issues in Tort Law
• Reforms to tort law
• Limitation to liability, equity jurisdiction
327
Board Endorsed December 2010 – Amended October 2013
Current Legal Issues
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
31. Analysis of legal and social issues involved
32. Development of law and social behaviour related to the issues
33. Reference is to be made to leading cases
34. Study of relevant legislation
35. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
328
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
329
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Ellis, E 1988, Thinking about Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
Web sites
ACT Human Rights Office (on line)
http://www.hro.act.gov.au/index.html
Australian Federal Police (on line)
<http://www.afp.gov.au/>
Australian Legal Information Institute (on line)
<http://www.austlii.edu.au>
News Limited Australia (on line)
<http://www.news.com.au>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
These were accurate at the time of publication.
330
Board Endorsed December 2010 – Amended October 2013
Current Legal Issues
Value 0.5
This may be considered to be the research unit for the Legal Studies course.
Prerequisites
If colleges choose to deliver the unit Current Legal Issues, it is highly recommended that it be
the last unit of study in a two year program.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
331
Board Endorsed December 2010 – Amended October 2013
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
36. Analysis of legal and social issues involved
37. Development of law and social behaviour related to the issues
38. Reference is to be made to leading cases
39. Study of relevant legislation
40. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
332
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
333
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C. 1996, Crime Fighting, Heinemann, Oxford.
White, R & Alder, C (eds) 1994, The Police and Young People in Australia, Cambridge
University Press, Cambridge.
Web sites
ACT Human Rights Office (on line)
http://www.hro.act.gov.au/index.html
ACT Supreme Court (on line)
http://www.courts.act.gov.au/supreme/
Australian Federal Police (on line)
http://www.afp.gov.au/afp/page/
New South Wales Police (on line)
http://www.police.nsw.gov.au/
Victoria Police (on line)
http://www.police.vic.gov.au/
News Limited Australia (on line)
http://www.news.com.au
*These were accurate at time of publication.
334
Board Endorsed December 2010 – Amended October 2013
Current Legal Issues
Value 0.5
This may be considered to be the research unit for the Legal Studies course.
Prerequisites
If colleges choose to deliver the unit Current Legal Issues, it is highly recommended that it be
the last unit of study in a two year program.
Specific Unit Goals
A Course
This unit should enable students to:
T Course
This unit should enable students to:
Demonstrate an understanding of the legal
concepts, principles, and use of legal
terminology and cultural awareness
Demonstrate knowledge and understanding of
the legal concepts, principles, appropriate use
of legal terminology and cultural awareness
Effectively analyse information to develop a
balanced, logical and empathic argument
Critically analyse information to develop a
balanced, logical and empathic argument
Define, locate, select and organise relevant
information for the argument
Define, locate, select and organise relevant
information for the argument
Communicate accurately, and clearly, with
appropriate referencing, and with a sense of
audience
Communicate clearly, concisely, with technical
accuracy, appropriate referencing, and with a
sense of audience
Demonstrate an awareness of the selected
area of study and the issues involved in that
area
Demonstrate a substantial knowledge of their
selected legal area of study and the issues
involved in that area
Demonstrate an understanding of the law in
responding to the selected area of study
Critically analyse the effectiveness of the law in
responding to the selected area of study
Content
For both A and T Courses:
The following provides an overview of the content that can be studied at different depths as
required. It is envisaged that relevant case studies/issues/case law should be used and
referred to throughout.
Issues/case law based
335
Board Endorsed December 2010 – Amended October 2013
This section is designed as a detailed study of significant and topical issues. It will entail the
study of at least TWO issues. The selection of these will take place as a result of many topics
being offered and students making a personal choice. Students will be able to negotiate
topics not listed. The following may provide guidelines for the study of these issues.
41. Analysis of legal and social issues involved
42. Development of law and social behaviour related to the issues
43. Reference is to be made to leading cases
44. Study of relevant legislation
45. Suggested reforms (to be examined, if appropriate)
Some suggestions as to possible topics of study include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Climate Change
Religion and law
Politics of law
Health issues
Abortion
Uranium
Federal Intervention
Aborigines and Torres Strait Islanders
Environmental issues
Education
Human tissue transplant
Stem cell research
Euthanasia
Child abuse
Freedom of information
Security/Intelligence Organisation
Terrorism
Birth Technology
Victims of crime
Women and the law
Domestic violence
Gun laws
Genetic engineering
Organ transplants
Anti-discrimination
Prison reform/Sentencing
Cost of law/access to law
Mediation and resolution services
Equal Opportunities legislation
Detention centres and immigration
Same sex unions
Censorship
336
Board Endorsed December 2010 – Amended October 2013
Teaching and Learning Strategies
Teaching strategies that are particularly relevant and effective in Legal courses include:
Verbal skills

Role-playing and simulations
Role-play and various simulations add reality to Legal situations within the classroom.
These could include: tribunal hearings, solicitor interviews, moot court, mock trials,
alternative dispute resolution proceedings (mediation, conciliation and arbitration),
parliamentary debates, senate estimate hearings, cabinet meetings.

Debates and discussion
Students should be encouraged to listen carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question times at Federal Parliament and ACT Legislative
Assembly, Australian Electoral Commission, Elections ACT, Parliamentary Education
office, Museum of Australian Democracy (Old Parliament House), Quality Circles, Police
stations, Legal aid offices, Lawyers’ offices, National Library, High Court of Australia,
Titles Office, Government and other offices associated with the law, community
organisations (VOCAL, WRLC, Amenity International, DDLS, Human Rights Commission...)

Specialist speakers and lectures
Analysis

Statistics and data analysis

Collection and interpretation of newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual, or multiple cases over time, to establish the
circumstances leading to the development of the law or legal precedents

Apply legal principles to case scenarios in order to resolve disputes and determine
outcomes
Assessment
Refer to page 17.
337
Board Endorsed December 2010 – Amended October 2013
Specific Unit Resources
Books
Brassil, B. & Brassil, D. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M. et al 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Hamper, D. et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C. 1996, Crime Fighting, Heinemann, Oxford.
White, R & Alder, C (eds) 1994, The Police and Young People in Australia, Cambridge
University Press, Cambridge.
Web sites
ACT Human Rights Office (on line)
http://www.hro.act.gov.au/index.html
ACT Supreme Court (on line)
http://www.courts.act.gov.au/supreme/
Australian Federal Police (on line)
http://www.afp.gov.au/afp/page/
New South Wales Police (on line)
http://www.police.nsw.gov.au/
Victoria Police (on line)
http://www.police.vic.gov.au/
News Limited Australia (on line)
http://www.news.com.au
*These were accurate at time of publication.
338
Board Endorsed December 2010 – Amended October 2013
Legal Systems and Torts M
Value: 1.0
This unit combines Introduction to Legal Systems 0.5 with Torts 0.5.
Student Profile
A student with a mild to moderate intellectual disability.
Prerequisites
Nil
Specific Unit Goals
A unit before Modification
This unit should enable students to:
M unit after Modification
This unit should enable students to:

Demonstrate an understanding of the
legal concepts, principles, and use of
legal terminology and cultural
awareness

Explore 2-3 legal concepts and/or
principles, and basic legal
terminology

Effectively analyse information to
develop a balanced, logical and
empathic argument

Use information to develop a logical
argument

Define, locate, select and organise
relevant information for the
argument

Organise relevant information for an
argument

Communicate accurately, and clearly,
with appropriate referencing, and
with a sense of audience

Communicate a basic argument
accurately and clearly

Understand how law is defined and
the nature of justice

Understand and describe civil law,
liability and remedies as it relates to
the law of tort
Content
A unit before Modification
Defining Law
 Laws, rules, norms, customs
 Concept of the rule of law
 Influences on the law: social, cultural,
moral, political and economic,
physical
 Principles of jurisdiction
 World systems e.g. common law, civil
law, Islamic laws, customary laws
 Different types of lawspublic/private; civil/criminal
M unit after Modification
Defining Law
 Laws, rules, norms, customs
 Concept of the rule of law
 Influences on the law:
 World systems
 types of laws-public/private;
339
Board Endorsed December 2010 – Amended October 2013
Nature of Justice
 Characteristics of a just law or judicial
decision
 Relationship between justice, fairness
and equity
 Notion of equality
 Access to justice in Australia
Nature of Justice
 Characteristics of a just law or judicial
decision
 Relationship between justice, fairness
and equity
 Notion of equality
 Access to justice in Australia
Classification of Laws
 Public and Private Law – e.g.
administrative, common, customary,
canon, military, environment, family,
etc.
 Civil vs Criminal Laws
Definition and classification of torts
• Tort
o Types of Tort
• Tortfeasor
• Civil wrong
• Civil liability
• Standard and Burden of Proof
Negligence
Negligence

Donoghue v Stevenson (1932) AC 52

Remoteness of damage

Development of duty of care concept

Defences

Proximity, causation, reasonable
foresee ability

Remoteness of damage
 Defences
Types of Remedies
 Damages
 Injunction
 Declaratory relief
Trespass
• To land
• To person
• To goods
• Defences
Nuisance
 Private
 Public
Defamation
 Common law definition
 Statutory provision
Employers’ liability
 Vicarious liability
 Common law and statutory duties
 Workers’ compensation
Trespass
Nuisance
Defamation
340
Board Endorsed December 2010 – Amended October 2013
Issues in Tort Law
 Reforms to tort law
 Limitation
to
liability,
jurisdiction
equity
Teaching and Learning Strategies
Students with special educational needs will be provided with opportunities to engage in
successful and challenging learning experiences in all key learning areas. The outcomes for
them will be appropriate to their abilities and needs.
A unit before Modification
M unit after Modification
Verbal skills
Verbal skills



Role-playing and simulations
Role-play and various simulations add reality to
Legal situations within the classroom. These
could include: tribunal hearings, solicitor
interviews, moot court, mock trials, alternative
dispute resolution proceedings (mediation,
conciliation and arbitration), parliamentary
debates, senate estimate hearings, cabinet
meetings.

 Debates and discussion
Students should be encouraged to listen
carefully, contribute, develop and present
logical arguments.

Role-playing and simulations
Role-play and various simulations add reality to
Legal situations within the classroom. These
could include: tribunal hearings, solicitor
interviews, alternative dispute resolution
proceedings (mediation, conciliation and
arbitration)

Debates and discussion
Students should be encouraged to listen
carefully, contribute, develop and present
logical arguments.

Interviews and surveys
Interviews and surveys
Visits and Investigations within the community
 Visits e.g. Courts, Gaol visits, Question
times at Federal Parliament and ACT
Legislative Assembly, Australian Electoral
Commission, Elections ACT, Parliamentary
Education office, Museum of Australian
Democracy (Old Parliament House), Quality
Circles, Police stations, Legal aid offices,
Lawyers’ offices, National Library, High
Court of Australia, Titles Office,
Government and other offices associated
with the law, community organisations
(VOCAL, WRLC, Amenity International,
DDLS, Human Rights Commission...)


Specialist speakers and lectures
Visits and Investigations within the community

Visits e.g. Courts, Gaol visits, Question
times at Federal Parliament and ACT
Legislative Assembly, Australian
Electoral Commission, Elections ACT,
Parliamentary Education office,
Museum of Australian Democracy (Old
Parliament House), Quality Circles,
Police stations, Legal aid offices,
Lawyers’ offices, National Library, High
Court of Australia, Titles Office,
Government and other offices
associated with the law, community
organisations (VOCAL, WRLC, Amenity
International, DDLS, Human Rights
Commission...)
• Specialist speakers and lectures
341
Board Endorsed December 2010 – Amended October 2013
Analysis

Statistics and data analysis

Collection and interpretation of
newspaper and journal articles

Audio, visual and television reviews

Accessing internet – research
Application

Legal case Method - Examine individual,
or multiple cases over time, to establish
the circumstances leading to the
development of the law or legal
precedents

Apply legal principles to case scenarios
in order to resolve disputes and
determine outcomes
Assessment
Refer to pages 18-19.
Specific Unit Resources
Books
Brassil, B et al. 2001, Excel HSC Legal Studies, Pascal Press, Glebe.
Brogan M et al. 2004, Heinemann Legal Studies HSC Course (3rd Edition), Heinemann,
Melbourne.
Carvas, J. 2010, Understanding the Australian Legal System, (6th Edition), Law Book
Publishing, Pymble.
Easteal, P. (ed) 2010. Women and the Law in Australia, Lexis Nexis Butterworths, Chatswood.
Ellis, E 1988, Thinking About Crime and Justice, CCH, Sydney.
Hamper, David et al. 2000, Legal Studies HSC, Longman, Melbourne.
Oxlade, C 1996, Crime Fighting, Heinemann, Oxford.
White, R (eds) et al. 1994, The Police and Young People in Australia, Cambridge University
Press, Cambridge.
Audio Visual
12 Angry Men, video.
Australian Story (Series), ABC TV.
Four Corners (Series), ABC TV.
In the Name of the Father, video.
Reality Bites (Series), ABC TV.
Sunday (Series), Nine Network.
Women of the Sun, video.
342
Board Endorsed December 2010 – Amended October 2013
Web sites
Australasian Legal Information Institute (on line)
<http://www.austlii.edu.au>
The Supreme Court of the ACT (on line)
<http://www.courts.act.gov.au/supreme/>
Australian Federal Police (on line)
<http://www.afp.gov.au/>
New South Wales Police Force (on line)
<http://www.police.nsw.gov.au/>
Victoria Police (on line)
<http://www.police.vic.gov.au/>
News Limited Australia (on line)
<http://www.news.com.au>
These were accurate at the time of publication.
343
Board Endorsed December 2010 – Amended October 2013
Appendix B
Possible Assessment structures
4 assessments per 1.0 unit
Semester 1
Task type
weighting
date
Test 1
25%
Week 5-7
Essay
25%
Week 9-10
In-class task
25%
Week 13-15
Final test
25%
Week 18
Test 1
25%
Week 5-7
Semester 2
Open response 25%
Week 9-10
In-class task
25%
Week 13-15
Final test
25%
Week 18
3 assessments per semester
Semester 1
Task type
weighting
date
Essay
30%
Week 5-7
Test
40%
Week 12-13
In-class essay
30%
Week 18
Research
assignment
30%
Week 5-7
Test
40%
Week 9-10
Semester 2
Open response 30%
Week 18
344
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