LAW 7073 - Counter Terrorism and National Security Law

North Terrace Campus - Trimester 3 - 2022

This course traces the relevant Australian and international laws applicable to counter terrorism (CT) operations conducted by the ADF, addressing the spectrum of CT operations from overseas operations to domestic activities. It analyses intelligence and security legislation and international law, specifically assessing use of force paradigms and evidentiary processes for ADF involvement in CT prosecutions (both offshore and domestically). It briefly addresses oversight mechanisms relevant to these ADF operations. Students will submit an assessment critically analysing one developing legal issue relating to ADF CT operations.

Open All

Course Details

Course Code	LAW 7073
Course	Counter Terrorism and National Security Law
Coordinating Unit	Adelaide Law School
Term	Trimester 3
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	Y
Prerequisites	Students without a Bachelor of Laws must have completed LAW 7177
Assessment	Participation, assignments/research paper and/or exam as determined at first seminar

Course Staff

Course Coordinator: Lauren Sanders

Dr Lauren Sanders CSC

Course Timetable

The full timetable of all activities for this course can be accessed from Course Planner.

Course Learning Outcomes

1	Appreciate the nature of domestic legislation relevant to ADF involvement in counter terrorism operations
2	Articulate the international law relevant to ADF counter terrorism operations
3	Critically evaluate the effectiveness of past, present and proposed domestic and international law relevant to ADF counter-terrorism operations.
4	Explain how international law influences the development and adaptation of Australian domestic law relevant to counter terrorism operations, with a focus on intelligence law
5	Critically examine the operation and application of domestic legislation to counter terrorism operations
6	Construct effective legal argument, both orally and in writing, and undertake independent and self directed analysis on issues of international and national security law.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

University Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1,2,3,4,5
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	1,2,3,4,5,6
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	5,6
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	5,6
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	5
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	1,2,3,4,5,6

Learning Resources
Required Resources

Course readings will be provided via MyUni prior to the course.

Recommended Resources
Course readings will be provided via MyUni prior to the course.

The law library has an extensive collection of international and domestic law textbooks, many of which are held on Reserve.

Podcasts relevant to each day’s theme will be provided prior to the commencement of the course.

The below materials are useful primers to support the topics addressed in this course:
- Cameron Moore, Crown and Sword: Executive power and the use of force by the Australian Defence Force
  (ANU Press, 2017)
- Michael Head, Calling Out the Troops: The Australian military and civil unrest - the legal and constitutional issues (Federation Press, 2009)
- Cat Barker, Counter-terrorism and national security legislation reviews; a comparative overview, available at: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1415/CounterTerrorism
- Australian Government, Report of the Comprehensive Review of the Legal Framework of the National Intelligence Community, 2020 (The Richardson Report) available at https://www.ag.gov.au/national-security/publications/report-comprehensive-review-legal-framework-national-intelligence-community
- Australian Government, Independent National Security Legislation Monitor Annual Report 2019-2020 (11 February 2021); and 2020-2021 report – to be issued Feb 2022, available at: https://www.inslm.gov.au/reviews-reports/annual-reports
- NSW Coroner, Inquest into deaths arising from Lindt Café Siege, 2017, available at: www.lindtinquest.justice.nsw.gov.au/Documents/findings-and-recommendations.pdf
- Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018)
Online Learning

Classes will be conducted either face to face or via Zoom. Materials for study will be provided via MyUni.

Learning & Teaching Modes

Classes will be taught in an interactive, intensive mode over one week. Students are expected to have undertaken the reading provided and to come to class ready to discuss that material.

The topics will be combined lectures and guided seminars. There will be lecture materials delivered and seminars devoted to an interactive discussion, exploration of lecture topics and introducing and covering new topics. There will be a detailed outline available on MyUni to guide each day of teaching. If there are any changes to arrangements this will be notified.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

For a 3 unit course the expected workload is 156 hours. This will be structured as 24 hours of face to face teaching over four intensive days and 132 hours of personal study. Classes will be taught in an interactive, intensive mode over one week. Students are expected to have undertaken the reading provided and to come to class ready to discuss that material.

Learning Activities Summary

	08:30-10:30	11:00-12:30	13:30-15:30	16:00-17:30
Monday 26 September - The spectrum of ADF Counter-Terrorism Operations	Lecture - Introduction to the Course, including assessment overview. Nature of ADF domestic and overseas counter-terrorism operations and the legal framework that applies.	Lecture/seminar- International law and offshore ADF counter terrorism operations.	Seminar – trends in the use of force for counter terrorism operations – drones, detention and evidence-based operations (EvBO), data and AI.
Tuesday 27 September – Domestic Counter Terrorism Operations and the ADF	Lecture/seminar – ADF domestic -counter terrorism operations and cooperation with domestic security agencies.	Lecture/seminar – the use of the ADF outside of the Defence Act in support of counter terrorism operations.	Lecture/seminar – other national security legislation and application to counter terrorism operations and terrorism prosecutions.
Wednesday 28 September – ADF and the prosecution of terrorism offences	Lecture/Seminar – ADF involvement in terrorism prosecutions: coronial and criminal jurisdictions, including NSI Act. Lecture/Seminar – Captured Enemy Materials and intelligence sharing to support domestic prosecutions.	Lecture /seminar – overview of assurance and regulatory regimes relevant to national security mechanisms.	Lecture /seminar – overview of assurance and regulatory regimes relevant to ADF operations.	Administrative session – discussion on assessment, getting paper topics approved, and preparation for the Overview session.
Thursday 6 October 16:00-19:00 (online only)	Class Seminar - Overview and revision and discussion of research skills and expectations for the assessment and essays

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable?	Learning Outcomes
Class Participation	10	N/A	N/A	Individual	No	1,2,3,4,5,6
Current Issues Analysis	25	2pm, Monday two weeks after first day of course	2000 words	Individual	No	2,5,6
Research Essay	65	2pm, Monday 5 weeks after first day of course	4500 words	Individual	No	1,2,3,4,5,6

Assessment Detail

1. Class Participation (10%, Compulsory)

In order for our interactive class discussions to be as productive as possible, 10% of each student's final grade will be based on class
participation.

2. Current Issues Analysis (25%, Compulsory)

Analysis and critique of national security law is essential to ensuring appropriate checks and balances between individual rights and community safety. Students will be required to identify a recent change to domestic national security legislation and provide a critique of its effectiveness in balancing these two competing interests.

3. Research Essay (65%, Compulsory)

The primary assessment in this course will be a research essay which will be a topic of students’ choosing, drawn from the course content covered during class, as then approved by the course coordinator.

Submission

All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

Students will be provided with submission instructions as part of the assessment instructions for each item of assessment which will be made available on MyUni.

ASSIGNMENT EXTENSION APPLICATION
Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that the assignment is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through Access Adelaide.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

Student Feedback

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator