LAW 3534B - Law Reform Part B

North Terrace Campus - Semester 2 - 2021

This course will examine theories, practices and processes for achieving reform of the law. The course will operate in conjunction with the South Australian Law Reform Institute and students will participate in the references being undertaken or potentially undertaken by the Institute. The topics to be covered in the course include: -theories of law reform; -the institutions through which the law is reformed; -the role of the community, the executive, the parliament, the bureaucracy, law reform bodies commissions and courts in progressing law reform; -the role of the news media and new media; -the role and function of the South Australian Law Reform Institute -legal policy analysis for law reform; - Indigenous aspects of law reform.

  • General Course Information
    Course Details
    Course Code LAW 3534B
    Course Law Reform Part B
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange N
    Prerequisites LAW 2501 and LAW 2504
    Restrictions Available to LLB students only. Enrolment is by invitation only
    Course Description This course will examine theories, practices and processes for achieving reform of the law. The course will operate in conjunction with the South Australian Law Reform Institute and students will participate in the references being undertaken or potentially undertaken by the Institute.
    The topics to be covered in the course include:
    -theories of law reform;
    -the institutions through which the law is reformed;
    -the role of the community, the executive, the parliament, the bureaucracy, law reform bodies commissions and courts in progressing law reform;
    -the role of the news media and new media;
    -the role and function of the South Australian Law Reform Institute
    -legal policy analysis for law reform;
    - Indigenous aspects of law reform.
    Course Staff

    Course Coordinator: Dr David Plater

    Dr David Plater
    Senior Lecturer
    Adelaide Law School
    University of Adelaide
    Deputy Director SALRI
    Phone: 61 83130921
    Email Address: David.Plater@adelaide.edu.au
    Course Timetable

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

    The timetable may vary owing to public holidays and the availability of guest speakers such as the Attorney-General.
  • Learning Outcomes
    Course Learning Outcomes
    This course seeks to equip students with an appreciation of the role and processes of law reform and the important functions of a law reform agency in the modernisation of the law.
    On successful completion of this course, students will be able to:
    1. Explain the historical and modern contexts of law reform including the political, constitutional, executive, legislative, community, Aboriginal and media aspects and implications to modern law reform:
    2. Analyse and apply effective, inclusive and respectful consultation in modern law reform with particular emphasis on Aboriginal communities.
    3. Identify the challenges of law reform and how such challenges can be addressed including issues of criminal, civil and social justice;
    4. Undertake high level research and analysis of an assigned area of the law within its comparative and policy and legal dimensions and make reasoned findings and conclusions;
    5. Present an argument, both in writing and orally, into a specific difficult legal problem by demonstrating research skills, understanding of the legal area, the policy and practical implications and skills in effective oral and written communication to a broad audience;
    6. Critically analyse and provide constructive feedback on presentations and reports as to their effectiveness and persuasion.
    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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    2, 3, 4, 5, 6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2, 3, 4, 5, 6
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    4, 5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    3, 4, 5, 6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1, 2, 3, 5, 6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    4, 5, 6
  • Learning Resources
    Required Resources

    Text Book
    There is no set or prescribed textbook.
    Brian Opeskin and David Weisbrot (eds), The Promise of Law Reform (Federation Press, 2005) is somewhat dated but is stiill useful.
    Ron Levy et al (eds), New Directions for law in Australia: Essays in Contemporary Law Reform (ANU Press, 2-017) is useful.

    Depending upon the relevant law reform project(s), the relevant legislation may be required. This will be discussed in class.

    Students should also be aware of the Commonwealth, State and Territory Law Reform bodies which are listed on the South Australian Law Reform Institute (SALRI) webpage. Students should also be aware of the State Attorney-General's Department website which will note ongoing law reform and legislative issues.

    Students should be aware that particular law reform issues can be topical and change at very short notice depending upon various factors.

    The actual law reform topics to be covered as part of this course may be subject to change. Students will be provided with access to various articles and online sources and references during the course.

    Recommended Resources
    Students will be informed of recommended resources. It will depend upon the applicable law reform issues and topic(s) that are covered in the course.

    Links to relevant articles, reports and sources will be made available on the MYUNI course website.

    There will be various guest speakers such as Aboriginal eders and from government, legal practice, the media, the community and the judiciary during the course. Additional recommended resources may be provided to help students prepare and engage with such guest speakers.

    Students will also be provided with examples of past student work to assist in assessed exercises.
    Online Learning
    Various online resources will be made available to students during the course. Students will be provided with links to various articles and sources and references on the course website during the course. Previous examples of student work will be provided for guidance.

    Students in particular as part of the course will critique and provide constructive feedback on examples of written and oral presentations, online as to the effectiveness and persuasion of such presentations. The course aims to support and develop the skills of students in both oral and written communication.
  • Learning & Teaching Activities
    Learning & Teaching Modes

    Learning and Teaching Activities amounting to 36 hours (across seminar and structured learning activity formats) will be offered to students in this course.

    Seminars

    The primary teaching mode will be the weekly seminars, supplemented by selected online discussion. These are not in a traditional lecture format. Seminars will often be in the form of interactive class discussion. There is often be no simple right or wrong answer to the topic under discussion.

    Students will be expected to have conducted the pre-class reading and research. Students should come to seminars fully prepared and willing and able to enter into the discussions relating to the relevant materials. Questions will be provided relating to the course readings that will assist to support, focus and structure the individual learning of students.

    The seminar is an important part of the learning in this course. Students will be expected to actively contribute to the seminar and in doing so develop their important skills in both oral and written communication and presentation. Students will regularly be called upon to present and lead discussion of both the course materials and their individual research. Students will also analyse and provide constructive reflection and feedback on both written and oral communciation and the class presentations showing these skills.

    In addition to seminar attendance and discussion, weekly research activities may be assigned.

    There will be various guest speakers such as Aboriginal elders and from government, legal practice, the media, the community and the judiciary during the course to talk of different aspects of law reform. Students should take the valuable opportunity to fully engage with these guest speakers who are kindly sharing their time and expertise. Students should treat any guest speaker with professionalism.

    Workload

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

    The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately nine hours of private study in addition to your regular classes.

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

    Law Reform A and Law Reform B is a full year university course. It consists of one continuing 3 unit subject. The course runs over both Semester 1 and 2 of the academic year. Students will have two hours of class time per week plus up to one hour of structured activities. Students will expect to spend at least two hours each week in independent study related to the course
    Learning Activities Summary
    Schedule
    Week Seminar Activities Assessment
    1 Part 1: Preparation for research assignment and feedback semester 1

    Part 2: Law Reform and the executive and Parliament (introduction)
    Planning research assignment (not just what the law is but what it could be and should be) and feedback from last semester

    Introduction to the processes of law reform
    Research Assignment topics raised
    2 Part 1: Executive, legislative and political processes for law reform

    Part 2: Assignment overview and confirmation topic
    Critical discussion of set reading


    Preparation for law reform assignment
    Confirm research assignment topic
    3 The role of the modern Attorney-General - Part 1 Guest presentations by former Attorneys-General
    4 Part 1: The Government Process in Context Seminar conducted by the Attorney-General and the Attorney General’s Department
    Part 2: The role of the modern Attorney-General - Part 2
    5 Part 1: Research Essay Overview  Critical discussion of set reading  Research update
    Part 2: Law Reform through the courts - Part 1: Judicial activism vs judicial restraint?
    6 Law Reform through the courts - Part 2: Judicial activism vs judicial restraint? Class discussion and guest speaker
    7 Aboriginal context for legal practice and law reform Student-led discussion and guest speaker
    8 Part 1: Modern and inclusive consultation with Aboriginal and other communities Guest Presentation and Student-led discussion
    Part 2: Law Reform in Action Guest Presentation
    9 Assignment 2 Student presentation and discussion
    10 Assignment 2 Student presentation and discussion
    11 Assignment 2 Student presentation and discussion
    12 Course Overview
    Legal Education and Law Reform
    The Future of Law Reform 
    Course Overview and Class Discussion
     The role of legal education in law reform
    "Are we there yet': the legacy of Justice Kirby
    Research Assignment Due Friday Week 13
    Specific Course Requirements
    Attendance is required as part of the course unless students have a valid reason for inability to attend. Attendance may be by zoom depending upon the health situation.
  • Assessment

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

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

    Assessment Summary

    Please note that this summary refers to assessment for the whole year (Law Reform Part A in Semester 1 and Law Reform Part B in Semester 2).

    Assessment Task Task Type (Group or Individual)
    Due Length Weighting Redeemable Learning Outcome
    Class Participation

    ongoing

    n/a 10% No 1, 2, 3, 4, 5, 6
    Literature and Case Review
    • Written Assignment
    • Assignment Presentation
    Friday week 13, Semester 1



    2000 words





    25%


    10%
    No 1, 2, 3, 4, 5
    Research Assignment
    • Written Assignment
    • Assignment Presentation
    Friday week 13, Semester 2


    3500 words




    45%


    10%
    No 1, 2, 3, 4, 5, 6
    Assessment Detail

    ttendance and active participation in seminars is required as part of the course as the active input of students is integral to this course. The classes consist of facilitated class discussion of the law reform process and the issues that arise as well as the various references of the SA Law Reform Institute that the class will consider during the course.

    Participation in Seminars

    Students will be assessed on the quality of their contributions to the seminars. This assessment will address the following learning objectives identified in the assessment scheme: 2 (a-c) and (e). It also covers Course Learning Outcomes 1, 2, 3, 4, 5 and 6.

    Students should be able to engage in the literature and present opinions and foster discussion based upon the materials. In particular students will:

    a. address specific questions of law, policy or practice raised by the literature and the seminar leader, and

    b. give presentations of their assignments to the class and critique and provide constructive feedback on the presentations of other students.

    AND

    Literature and Case Review
    Students will present a literature and case review relating to the assigned research project. This is likely to be linked to the ongoing work of the Law Reform Institute. This assessment will address the learning objectives identified in the assessment scheme: 2.1 (c-f). It also covers Course Learning Outcomes 1, 2, 3, 4 and 5. There will be an emphasis on the research, understanding of the relevant law and the skills of oral and written presentation in both the literature and case review.

    For this assessment, students will be required to submit a written paper AND give a seminar presentation of their review to the class before submitting the written paper for assessment. This assessment task has a weighting of 35% of the mark for the course, comprising 25% for the written paper and 5% for the presentation.


    AND

    Research Assignment –
    The Research Assignment will address the learning objective identified in the assessment scheme: 2.1 (c-f). It also covers Course Learning Outcomes 1, 2, 3, 4, 5 and 6.

    The Research Assignment will be likely to be determined by the particular project(s) being undertaken by the Law Reform Institute. Specific aspects of the research activity will be determined by the end of Semester 1.

    The research assignment will allow students to undertake detailed research in an assigned area of the law and examine the legal, policy and practical implications arising and to make reasoned and specific recommendations for law reform. The research assignment provides students with the opportunity to demonstrate their understanding of the relevant law and its implications in a law reform and policy context, capacity to identify a research question and analyse relevant legal materials and to make considered recommendations and to develop and demonstrate their skills in oral and written presentation to a broad audience. The focus is not only on what the relevant law is, but what it could and should be. For this assessment, students will be required to submit a written paper AND give a seminar presentation of their review to the class before submitting the written paper for assessment. This assessment task has a weighting of 55% of the mark for the course, comprising 45% for the written paper and 10% for the presentation.

    The written Research Assignment

    All assessment is summative. All assessment is compulsory. All assessment is to be undertaken individually. Although there are collaborative activities all assessment task are to be undertaken by the individual student.

    Replacement Research Assignment

    Where a student fails the course but qualifies for replacement assessment under the Modified Arrangements for Coursework Assessments, they will be required to submit a new Replacement Research Assignment on a new topic provided by the course co-ordinator. This Replacement Research Assignment topic will cover a wide range of material examined in the course and will be due two weeks after the posting of the final results for the course. Formal requirements for the Replacement Research Assignment will be the same as for the primary Research Essay, however the Replacement Research Assignment will be weighted in accordance with the Modified Arrangements for Coursework Assessment policy.

    Submission
    By the due date all submissions should be submitted via TURNITIN and an electronic copy emailed to the Course Coordinator.

    All Assignments must comply with the following:

    All Assignments should be one and a half spaced and have margins wide enough to allow for comments and feedback by the examiner.

    Students must also submit an electronic copy of their assignment in Word format to the Course Coordinator by the due date for the assignment.

    Students must retain a copy (including an electronic copy) of the Seminar Paper and Research Essay they submit. Students may be required to submit their seminar paper and/or research essay to an electronic plagiarism detection software (SafeAssign or Turnitin) and, in any event, are encouraged to use these software programs themselves as a check for plagiarism and the academic integrity of their work.

    All Assignments must be attached to a signed Assignment Cover Sheet. Examiners will withhold a student’s results until such time as the student has signed the Assignment Cover Sheet. Examiners can refuse to accept assignments that do not have a signed acknowledgement of the University’s policy on academic honesty/plagiarism (refer to policy below). Students must also include on the coversheet a statement as to word length to their Seminar Paper and Research Essay.
    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.

  • 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 important 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, the Hon 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.