Teaching and learning

Outcome 1

Describe the main sources and types of law, and evaluate the effectiveness of laws.

Examples of learning activities

• To develop an understanding of the role of law and the legal system, identify and explain the differences and similarities between your school’s rules and legal rule (laws) enforced by the government. List the five school rules and the five laws you consider most important and explain reasons for these selections: How do these rules and laws control behaviours and why is it necessary for each to be in place?
• ‘Man is born free, and everywhere he is in chains’ (Rousseau). In order to understand the apparently contradictory roles of laws both in promoting and restricting individual freedoms, research the introduction of compulsory seatbelt legislation in Victoria, laws making compulsory fencing around suburban pools, and compulsory wearing of bike helmets. Focus on the protections these laws provide as an introduction to the concept of social cohesion.
• 
  Work in groups to identify the types of laws that apply to the daily lives of Victorians in order to understand and reinforce the fact that not all law is criminal law, and a broad scope of laws affect us; such as: employment laws, food production and hygiene laws, workplace safety laws, etc. Design a graphic illustrating the different categories or types of laws people are subject to as Victorian citizens.
  
• Use laws that govern obtaining a Victorian licence to drive a car as an example of a law that works to achieve social cohesion and the role of laws in protecting individual rights. Complete a written task in response to the following:
  ‘Everyone of a certain age in Victoria is free to drive a car, but no-one is free to drive a car freely.’ Explain how Victoria’s road laws both protect the rights of individuals and create social cohesion.
• Learn about the concept of ‘the rule of law’ to reinforce social cohesion, then contrast the operation of the rule of law in Australia with the lack of social cohesion in countries where legal systems do not promote individual rights, but instead accumulate power for elites, and countries where anarchy results from lawlessness; for example: Yemen, Syria, Sudan, Eritrea.
• Hold a class discussion on why Australian citizens display a respect for laws. Discuss: What is understood by the word ‘justice’ and the concept of ‘just laws’? Research South Africa’s previous apartheid regime and consider why their laws were considered unjust?
• Research the latest statistics of the ‘Closing the Gap’ program in Australia and consider why gaps in educational attainment, life expectancy and health standards between Indigenous and non-Indigenous Australians might be considered unjust.
• Learn about the principles of justice: fairness, equality and access. Create a glossary of these principles to use throughout the VCE Legal Studies course (Units 1–4). Consider the Black Lives Matter protest movement as an illustration of the importance of these principles.
  • Fairness: that all citizens will receive impartial, independent and unbiased treatment in the application of the law and the operation of legal systems (e.g. an independent judge, an unbiased jury in a criminal trial).
  • Access: that all citizens are aware of their legal rights and are able to exercise them.
  • Equality: that all citizens receive identical treatment by our laws and legal systems irrespective of their personal characteristics: gender, religion, wealth, race, nationality, disabilities, sexuality.
• Research the symbolism of the ‘lady of justice’. Consider this alongside the three principles of justice.
• Use current media reports of court cases to evaluate how effectively our laws and legal systems achieve the principles of justice: fairness, equality and access. In doing this, decide whether the principles of justice are achieved in the Victorian legal system, or are they simply ideals that our legal system seeks to achieve?
• Develop an understanding of the characteristics of an effective law by comparing laws restricting blood alcohol content for drivers and the fines for breaches of COVID-19 lockdown regulations. What is meant by a law being enforceable, known, clear, understood and stable? Why were the COVID-19 fines not universally enforced?
• Once an understanding of the importance of laws, the principles of justice and the characteristics of effective laws has been developed, consider the institutions that create laws and the types of laws they make in our society. Create a table comparing the role of parliaments and courts in Australia: the parliament being the principal law-making institution and the courts being institutions that resolve disputes in our society between individuals, and enforce and interpret the law.
• Design a flow diagram outlining the steps taken by parliament in passing legislation.
• Illustrate the creation of common law by courts, using the Snail in a Bottle case (Donohue vs Stevenson).
• Create a diagram depicting the Victorian court hierarchy, including the High Court. On this diagram, show the jurisdiction of each court (both civil and criminal). Learn about the importance of a court hierarchy in terms of specialisation, appeals and the application of common law within the hierarchy, using the Snail in a Bottle case and Grant v Australian Knitting Mills as illustration.
• Read a statute from the Victorian Parliament (such as the Crimes Act) and extracts from a law report recording a common law decision. Rewrite sections in plain English or present an interpretation orally.
• Explain the relationship between the parliament and the courts in law-making, focusing on parliamentary sovereignty and the interactive relationship between the two institutions. Use the Studded Belt case to illustrate this relationship.
• Learn the key distinctions between criminal law and civil law. Create a table showing the key differences and similarities between the two. Differences should include the following: the parties involved in each type of dispute, the burdens and standards of proof, the roles of judges and juries in each type of dispute and sanctions and remedies.
• Research a current civil law dispute in the court system and a current criminal trial through media reports. Use these to illustrate how the State prosecutes criminal offences, whereas civil law disputes are between two individuals or groups; also explaining how companies and governments can each be a party to a civil dispute.

Detailed example

Identify the range of laws in a society

• Students should be able to ‘explain the role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals’.

 “explain the role of the legal system in both protection of rights and achievement of social cohesion…”

• Working in groups students identify a list of different laws, both Commonwealth and State, that affect the daily lives of Victorians.

Possible laws for study could include

• Criminal laws: students research those laws applicable to them personally; for example: laws governing drivers licences, wearing of bike helmets, travel on public transport, as well as criminal laws for both summary and indictable offences.
• Equal opportunity laws: students research the Victorian Equal Opportunity Act to identify the types of discrimination outlawed. A focus of the study could be amendments to the Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022 that bans use of the Nazi salute as an example of a law that seeks to promote social cohesion.
• Workplace laws: students research the recent introduction of the ‘workplace manslaughter laws’ in Victoria.
• Taxation laws: students identify the types of taxes levied by both Commonwealth and State governments on Victorians.
• Consumer laws: students research Federal and Victorian laws that aim to protect consumers from misleading conducts by businesses.

Students should:

1. identify the social and moral reasons for each law group
2. identify the values of society reflected in each law group
3. discuss how restrictions placed on individuals through each law promote social cohesion
4. explain what rights and protections each law creates for individuals
5. create a graphic illustrating the different categories or types of law they are subject to as Victorian citizens.

Outcome 2

Explain the purposes and key concepts of criminal law, and use legal reasoning to argue the criminal culpability of an accused based on actual and / or hypothetical scenarios.

Examples of learning activities

• With reference to the purposes of criminal law, consider why criminal law cases attract such significant media and social interest in comparison with civil cases. Write a response to the following statement, use dot points:
  Criminal cases are much fewer in number than civil disputes but receive much greater media attention.
• Using the Crime Statistics website list the categories of crime.
• Make a list of the major purposes of criminal law and link these to the purposes of law and the role of law in promoting social cohesion.
• Conduct a class debate on the following proposition: It is better to let one hundred guilty people walk free than have one innocent person go to jail. After the debate make a summary of the philosophical and practical importance of the presumption of innocence within the criminal justice system.
• 
  Research the case of DPP v Borce Ristevski, a Victorian criminal case (Sentencing appeal heard by Supreme Court of Victoria Appeal Division in 2019) to develop an understanding of the concepts of mens rea and actus reus.
  
• Discuss the difference between a guilty mind (mens rea) and a guilty act (actus reus). With reference to the crimes of murder and manslaughter, explain why certain crimes require both mens rea and actus reus and some only actus reus.
• Research what criminal law says about people committing crimes when under the influence of either drugs or alcohol. Discuss the topic: Are those people able to form criminal intent?
• With reference to drug and driving offences, explain what is meant by strict liability. Discuss why strict liability offences are justifiable exceptions within the criminal law to the requirement that intent be shown for an offence to be proven.
• Prepare a ‘Commonwealth Map’ noting the age of criminal responsibility in each Australian state and territory.
• Research the attempts to raise the age of criminal responsibility to fourteen and higher in different parts of Australia, identifying the moral and social issues inherent in the debate.
• Research and discuss what is meant by burden of proof. Explain the relationship of the burden of proof to the presumption of innocence. Research the role of the Office of Public Prosecutions and the role of the Director of Public Prosecutions (DPP).
• Learn about standard of proof by discussing the relationship of the burden of proof of  ‘beyond reasonable doubt’ to the presumption of innocence. Discuss the topic: Why is there such a high standard of proof for criminal offences?
• Identify and list the major categories and different types of crime against properties and person. (Shakespeare called murder the ‘crime most foul’.) Make a list of the major crimes within each category of crime according to a hierarchy of seriousness. Research the concept of a ‘victimless crime’ and whether there is such a thing.
• Use the hierarchy of seriousness to understand the distinction between summary and indictable offences. Classify specific crimes as either a ‘summary’ or ‘indictable’ offence.
• Using a scenario involving a criminal offence committed by a principal offender and an accessory, explain the distinction between ‘principal offender’ and ‘accessory’ with reference to the scenario.
• Undertake a research assignment to investigate two types of criminal offence. Investigate one summary offence and one indictable offence. For each offence summarise: the elements of the offence; possible defences; potential sanctions; trends and statistics in relation to the offence in Victoria and in one other Australian criminal jurisdiction.
• Collect a series of case studies that identify and illustrate the difference between both summary and indictable offences and indictable offences heard summarily. For each case study:
  • Identify the category or type of criminal law
  • Outline the purpose of the criminal law
  • Identify the elements of the crime: actus reus and mens rea and whether it was a summary, indictable or indictable offence heard summarily.
• Use the NSW Bureau of Crime Statistics and Research and the Victorian Crimes Statistics Agency to research a range of offences against the individual in NSW (such as homicide and assault) and then compare the statistics of these offences between Victoria and NSW in relation to each crime category.

Detailed example

Difference between key concepts of criminal law: mens rea and actus reus

Students research the case of DPP v Borce Ristevski, a Victorian criminal case (Sentencing appeal heard by Supreme Court of Victoria Appeal Division in 2019) to develop an understanding of the concepts of mens rea and actus reus.

Suggested focus questions:

1.  What were the facts of the case? Why did this case attract so much community and media interest?
2. Why did the DPP accept a plea negotiation from Mr Ristevski to plead guilty for manslaughter on the eve of his trial for murder?
3. What was the important practical consequence for Mr Ristevski of the DPP accepting a guilty plea for the lesser charge?
4. What was Mr Ristevski’ s original sentence for manslaughter? Why was this sentence changed after an appeal by the DPP against the leniency of the sentence?
5. Explain how this case reinforces the importance of mens rea and actus reus as elements of a crime.
6. Research the previous criminal law in Victoria in relation to the effects of intoxication and hallucination, the formation of mens rea and why this law was changed by the Victorian parliament. Outline the current law on the effects of intoxication and hallucination regarding formation of mens rea.

As a follow-up to the research conduct a class debate on the following topic:

Proof of actus reus for an alleged crime is all that should be required to establish guilt.

Outcome 3

Explain the key concepts in the determination of a criminal case, discuss the principles of justice in relation to experiences of the criminal justice system, and discuss the ability of sanctions to achieve their purposes.

Examples of learning activities

The principles of justice and experiences of the Victorian criminal justice system

• Discuss the principles of justice (fairness, equality and access) using plain English, to reinforce understanding of the three concepts.
• 
  Create a glossary of terms associated with sanctions and sentencing.
  
• Reinforce the reasons for the involvement of the State in the investigation and prosecution of alleged criminal acts, and identify the non-judicial institutions given authority to investigate and enforce alleged breaches of criminal law. Focus on the major role of police and the lesser criminal authority of delegated bodies, such as Worksafe Victoria and the Environment Protection Authority. Prepare a table or graphic representation depicting this.
• Conduct a class debate on the following topic: There should be no limits to the investigative powers of police given the seriousness of crime. Consider this in relation to the principles of justice.
• Summarise the rights of individuals in the Victorian criminal justice system, noting the rights relating to police questioning, entering private property, recording of telephone conversations, formal interviews, committal proceedings and criminal trials. Link as many of these rights as possible to the three principles of justice (fairness, equality and access). Consider the balance between institutional powers and individual rights in Victoria and discuss whether this is an appropriate balance.
• Using diagrams of the Victorian court hierarchy, highlight the criminal jurisdiction of each court in relation to summary and indictable offences. Take note of both the original and appellate criminal jurisdictions of Victorian courts.
• Consider the role of the jury in a criminal trial. To gain an Australian perspective, view scenes of the jury’s deliberation in the film Evil Angels depicting the trial of Lindy Chamberlain. These scenes are instructive about the debates and discussion that typically occur in a jury room. Selective viewing to reinforce important considerations of the effectiveness of a jury is recommended.
• Research and develop notes about each of the following: the historical significance of the jury dating from the Magna Carta; the principles underlying the selection of juries for indictable offences including the grounds for exemption for jury service; the processes of jury selection, including preemptory and other forms of challenges to jury service; the key responsibilities of the jury in a criminal trial including listening to legal directions of the judge, listening to evidence objectively and reaching a verdict; the difference between unanimous and majority verdicts; when majority verdicts can be used in Victoria.
• Research a well-known trial and refer to it in a written essay on the following topic: Too much faith is placed in the ability of juries to be expert and impartial finders of guilt or innocence.
  In the essay, discuss the accuracy of this statement with reference to recent jury trials. It is important to respond accurately to the ‘command’ word ‘Discuss’.
• Select at least two of the following groups and investigate the difficulties they face in the criminal justice system: First Nations people, young people, culturally and linguistically diverse people, people with mental health issues, people with disabilities. Research the particular matters affecting each group; for example, overrepresentation of First Nations people in the nation’s prisons.  For each group, identify which principles of justice are not achieved within the criminal justice system as a result of the difficulties faced.

Sentencing

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  Create a glossary covering the five key purposes of sanctions, ensuring that the definition of each term is pitched in the context of sentencing. Consider why purposes are prima facie contradictory; for example, punishment and rehabilitation.
• 
  Prepare a sanctions summary booklet for each of: fines, community corrections orders (CCOs) and imprisonment. Note the likely purposes of each sanction and what each sanction involves; for example: What are the terms of a community corrections order? What is a non-parole period of imprisonment? Look at the sanctions imposed in individual criminal cases and consider what the likely purpose of each is and whether they would likely achieve this purpose in each case.
• Conduct a class discussion about the likelihood of specific criminal sanctions achieving their purposes. First, ensure that the concept of recidivism is understood, as well as the effectiveness of recovery of fines issued during Victoria’s COVID-19 lockdowns.
• Research recent County Court and Supreme Court sentencing decisions and present an oral presentation to the class about the factors that were relevant to each sentence: aggravating factors, mitigating factors, the making of a guilty plea and the role of victim impact statements.
• Prepare and present oral presentations about the aims of alternative approaches to sentencing as used in Victoria’s Drug Courts, Koori Courts and diversion program.
• Participate in and discuss the cases on You Be the Judge  Sentencing Council of Victoria.
• Research different approaches to sentencing practices in another jurisdiction. Summarise the comparison in a table.

Detailed example

Sanctions and sentencing

Students undertake the following activities to develop their core knowledge of sanctions and sentencing:

1. Create a glossary of the purposes of sanctions, defining each of the following terms in the context of sanctioning a convicted criminal:
• Denunciation
• Deterrence – general and specific
• Protection
• Punishment
• Rehabilitation.
2. Rank the five purposes of sanctions in terms of severity.
3. Include in the glossary definitions of the three types of sanctions: fines, community correction orders, imprisonment. Also include an outline of the respective purposes and operation of each, focusing on all aspects of each sanction. For example: non-parole periods, standard and special conditions of a community corrections order.
4. Create a list of factors that influence sentencing decisions, including aggravating and mitigating factors, guilty pleas and victim impact statements. Add an explanation of each of these.
5. Research TWO recent sentencing decisions of the County and / or Supreme Courts of Victoria. For each decision, summarise the type of offence, the sanction issued, and relevant purposes and factors referred to in the sentencing judgement.
6. Present an oral summary of the two cases, highlighting relevant sanctions and the purposes of each sanction. Include an assessment of whether or not each sentence / sanction is likely to achieve its purpose.

Outcome 1

Explain the purposes and key concepts of civil law, and apply legal reasoning to argue the liability of a party in civil law based on actual and / or hypothetical scenarios.

Examples of learning activities

• Revise the essential concepts and principles of civil law: names of the parties to a civil action; definition of civil law; relevant burden and standards of proof; roles and composition of juries in civil trials and remedies available to the plaintiff in a civil action.
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  Prepare a report on current negligence cases involving former AFL players suing the Australian Football League for negligence, claiming that the AFL breached their duty of care in not providing a safe working environment, resulting in ongoing concussion.
  
• Prepare a summary of the major types of civil action with an actual or hypothetical example of each; for example:
  • negligence: former AFL players suing their clubs and the AFL for head injuries
  • defamation: Ben Roberts-Smith case
  • nuisance
  • trespass
  • breach of contract: Israel Folau’s dispute with the Australian Rugby Union.
• Using an actual case in which the plaintiff was successful, highlight each of the following elements of a civil action that a plaintiff must establish to prove defendant liability:
  • the plaintiff’s civil rights have been wronged by the defendant; e.g. plaintiff was owed a duty of care by the defendant and the defendant was negligent in upholding that duty of care; plaintiff had a contractual relationship with the defendant and the defendant did not meet their contractual obligations (breach)
  • the acts of the defendant were the cause of the loss that the plaintiff has claimed (causation)
  • the plaintiff has established that they have suffered a loss that is recognised by the law (financial, emotional, psychological, physical) for which they can claim a remedy (see Area of Study 2).
• To learn about limitation of actions, research why limits are placed on the time that possible plaintiffs can commence legal action and what these limits are. Then link these to the principles of justice.
• Discuss the following: Who can commence a civil action? Who can sue and be sued in a civil action? Why are parties not directly involved in the alleged wrong of a civil action able to be sued? What does the principle of vicarious liability mean?
• Research two areas of civil law using examples of recent cases and noting for each:
  • what rights are protected by these areas of civil law
  • what a plaintiff must prove to establish the elements of liability in a civil action in these areas of civil law
  • relevant limitation of actions periods for each area of civil law
  • possible defences a defendant could use to disprove liability – voluntary assumption of risk, contributory negligence
  • possible remedies that a plaintiff could seek in these areas of civil law (must include two different remedies).
  Use hypothetical scenarios to assist with this exercise; for example, cases involving negligence and defamation.

Detailed example

Negligence and the AFL

Students prepare a report on current negligence cases involving former AFL players suing the Australian Football League for negligence, claiming that the AFL breached their duty of care in not providing a safe working environment, resulting in ongoing concussion.

Using the principles of the civil law of negligence students answer the following questions:

• Who are the plaintiff(s)?
• What is a representative proceeding?
• Who is the defendant in the action?
• What is the legal wrong claimed by the plaintiff(s)?
• What evidence have the plaintiff(s) used to establish that the defendant has committed a civil wrong?
• What is the loss that the plaintiff(s) claim they have suffered? What do they argue is the link between the actions of the defendant and their loss?
• What remedy have the plaintiff(s) sought?

Students research the contract dispute between Israel Folau and Rugby Australia and answer the following questions:

• What is a contract? What legal obligations does it impose?
• What is a breach of contract?
• Why did Rugby Australia claim that Israel Folau had breached his contract?
• What was Israel Folau’s legal argument?
• How was the civil dispute resolved?

Outcome 2

Explain the key concepts in the resolution of a civil dispute, discuss the principles of justice in relation to experiences of the civil justice system, and discuss the ability of remedies to achieve their purposes.

Examples of learning activities

The principles of justice and experiences of the civil justice system

• With reference to actual cases and the principles of justice, discuss the difficulties that the civil justice system has in delivering speedy, affordable justice.
• Investigate other methods used to resolve a civil dispute in Victoria: mediation, conciliation and arbitration. Create a table explaining the processes and advantages and disadvantages of each.
• Research the role of VCAT and consider the following questions: Why was it created? What is its civil jurisdiction? How might VCAT overcome some of the major weaknesses of traditional court-based methods of dispute resolution?
• Research the roles and functions of Victoria’s ombudsman as well as other ombudsmen and complaints bodies.
• Prepare a diagram summarising the civil jurisdiction of Victoria’s courts – both original and appellate.
• Summarise the role of the jury in a civil trial noting that a jury is: optional at the request of either plaintiff or defendant, smaller than a criminal jury, required to make a finding of liability on a lesser standard of proof with the exception of defamation cases, asked to make a ruling on damages awarded to a successful plaintiff. Construct a poster showing the role of a jury in a civil case.
• Investigate the strengths and weaknesses of juries in civil trials by researching the percentage of civil cases where juries are requested by (a) plaintiff or (b) defendant. Use this information to respond to the following statement in a written task: Juries are rarely used in civil trials; however, must be used in criminal trials.
• With reference to the principles of justice, research the difficulties faced by different groups in the civil justice system.

Remedies

• Create a glossary of the major types of civil remedies include the following terms:
  • damages
  • compensatory
  • general, specific and aggravated
  • nominal, punitive and contemptuous
  • injunctions – restrictive and mandatory.
• Purposes of remedies: to explore the key purpose of remedies (which is to restore the plaintiff to the position they were in before the acts of the liable defendant) discuss the extent to which a monetary award can fully compensate plaintiffs in civil actions, especially negligence and defamation where a plaintiff suffers continuing physical and / or psychological harm. Refer again to the defamation trials of Geoffrey Rush, Rebel Wilson and Ben Roberts-Smith.
• 
  Choose two cases of defamation to explore in greater depth.
• Research the damages awarded to NRL player Andrew Ettinghausen for the unauthorised publication of an unsolicited photograph, and the appeal that followed the jury’s decision.
• Distinguish damages from injunctions by studying hypothetical scenarios that highlight when injunctions are a more appropriate remedy. Research injunctions sought to prevent ABC Television airing a ‘Four Corners’ programme about cosmetic surgeon Daniel Lanzer in 2021.
• Consider case studies of civil cases and whether the remedies applied achieved their purpose.

Detailed example

Exploration of defamation cases

Students look at two civil cases where the plaintiff was successful and complete a set of activities and written tasks. Possible cases to investigate might be:

• Geoffrey Rush’s defamation action
• Rebel Wilson’s defamation action
• An AFL player who successfully sues for loss of quality of life because of ongoing concussion
• The destruction of a heritage listed building after its owner ignored an injunction to prevent its demolition
• The award of $3,000,000.00 to a 25-year-old male who became a quadriplegic due to negligent driving of the defendant
• The award of damages to pay for the rebuilding a kitchen following negligent building works by a builder.

Students respond to the following:

1. Outline the scenario and the findings of the court.
2. What remedies and damages were asked for by the plaintiff in the case?
3. What remedies and damages were applied?
4. Identify the key purpose of the remedies applied in this case.
5. Outline the types of damages that can be awarded to a successful plaintiff in such cases.
6. Describe two major types of injunction that can be awarded in a civil case in Victoria.
7. Discuss the ability of damages to achieve their intended purposes in two the following cases and scenarios.

Students consider the following statement:

• Damages, being an award of money, can never truly restore a successful plaintiff to the position they were in before the wrongs of defendants.
• To what extent do you agree?

Outcome 3

Explain one contemporary human rights issue in Australia, and evaluate the ways in which rights are protected in Australia.

Examples of learning activities

• Conduct research about and develop a definition of ‘human rights’, looking at their evolution since World War 2.
• Read the Universal Declaration of Human Rights and rate Australia’s recognition and protection of human rights as stated in the Declaration on a scale of 1 to 10 for each stated human right. Identify which groups in Australia suffer from limited human rights and provide evidence for this.
• Research the express and implied rights written into the Australian Constitution. Debate whether or not Australia requires a constitutional Bill of Rights.
• Research the annual surveys about human rights in nations around the world, as conducted by groups such as Amnesty International and Human Rights Watch. Discuss how Australia is ranked in these surveys. What are its human rights ‘strengths and weaknesses’?
• Research the rights recognised in Victoria by the Victorian Charter of Human Rights and Responsibilities (known as The Charter). Consider and debate the importance of these rights.
• Using other sources of human rights in Australia, research one human right protected by common law and one human right protected by a state or federal statute. Suggested common law rights include:
  • the presumption of innocence and the prosecution carrying the burden of proof
  • the right to silence
  • the privilege against self-incrimination
  • a presumption against construing laws to allow for arbitrary or unrestricted power
  • a tradition of independent judicial review of law and executive action
  • the provision of reasons for judicial decisions
  • respect for legal professional privilege.
• Following identification of these rights, draw a Venn diagram of the protection of human rights in Victoria by Commonwealth and State statutes, the Constitution and the Victorian Charter. Evaluate the effectiveness and scope of human rights protection in Australia.
• In groups, undertake a research assignment about a contemporary human rights issue in Australia. Examples include: treatment of Indigenous Australians in prison, processing of asylum seekers, workplace rights of migrant workers, legal recognition of members of transgender community, disability rights, children’s rights. In the research, focus on the following matters:
  • the human rights that are considered at risk
  • the applicable law in Australian in relation to the area
  • the relevant human rights conflicts
  • possible legal reforms to the area to promote human right
  • an applicable case study of the human rights in question.
• Undertake a research assignment based on the following statement and assess the degree to which human rights are recognised and protected for Australians:
  ‘Australia should be rightly proud of its human rights record; however, its record is not perfect’.
• 
  Consolidate all research and discussion about human rights by completing a set of activities on the topic.

Detailed example

Ranking human rights

To consolidate all previous research and discussion about human rights, complete the following set of activities on the topic.

1. Using the information provided by Human Rights Watch and / or Amnesty International, list the ten states rated as best upholding human rights and the ten states ranked as the worst violators of human rights.
2. Using the human rights information provided about Australia, identify the human rights that Australia strongly upholds and those rights and groups within Australia that are seen as lacking sufficient human rights protection.
3. Use this information to develop an understanding of the methods by which human rights are protected in Australia through its Constitution, Statutes / Charters, and common law, and to make an assessment of the effectiveness of Australia’s legal protection of human rights.
4. Make a list of 10 nations that have a Bill of Rights and compare the effectiveness of their protection of human rights to that of Australia.

Outcome 1

Explain the key principles in the criminal justice system, discuss the ability of sanctions to achieve their purposes and evaluate the ability of the criminal justice system to achieve the principles of justice during a criminal case.

Examples of learning activities

• Develop a glossary of key legal terms and definitions to be used throughout Unit 3.
• Compile a series of news items each reporting a particular criminal case. Identify the various components that make up a criminal trial from these news reports. For example, name the court, key personnel, and charges and describe the evidence presented. Make a presentation to the class about the case.
• Participate in a mock client interview scenario. Provide advice to a hypothetical victim or accused about what their rights might be in the scenario.
• 
  Develop a pamphlet for an accused person, providing information about the key aspects of the Victorian criminal justice system, an outline of each of the institutions available to assist them and the nature of the assistance available.
  
• Annotate a diagram of courtroom personnel, providing information describing the roles of each personnel within the courtroom.
• Write a letter to a hypothetical friend who is a victim of a crime, providing information about their rights. Describe the procedures within a criminal trial relevant to them. Include a description of key personnel in a criminal trial and their roles. Describe what a victim impact statement is, when this is heard and how it is considered by the judge / magistrate when sentencing a person found guilty of a crime in Victoria.
• Construct a diagram depicting the Victorian court hierarchy as it applies to criminal cases. Highlight the jurisdiction of each court and annotate how appeals occur and the ways in which different levels of the hierarchy achieve specialisation.
• Research a specific criminal case. Determine the extent to which costs, time or cultural differences may have impacted the achievement of the principles of justice.
• Participate in a mock You Be the Judge scenario. Discuss the extent to which sanctions achieve their purposes in each scenario.
• Participate in the Court Education Program. Brainstorm questions to ask a judge and observe the courtroom proceedings. Consider what factors might affect the ability of the Victorian criminal justice system to achieve the principles of justice.
• Participate in a mock trial held at the Old Melbourne Magistrates Court. Consider what factors might affect the ability of the Victorian criminal justice system to achieve the principles of justice.

Detailed example

Develop a pamphlet

With a view to enhancing fairness, equality and accessibility in the Victorian criminal justice system, you have been asked to develop a pamphlet for someone who has been accused of a crime. It should be generic enough to apply to anybody, and any criminal offence in Victoria.

Consider the following:

A person accused of a crime would be under considerable stress. A clearly set out pamphlet written in plain English would be of considerable benefit to such a person.

The pamphlet must:

• outline the key concepts of the Victorian criminal justice system
• explain the rights of an accused person
• explain plea negotiations and their purposes in determining criminal cases
• explain the roles of key personnel in a criminal trial and analyse the need for a legal practitioner to represent the accused
• provide at least five tips on how to achieve the best possible outcome from criminal proceedings.

Outcome 2

Explain the key principles in the civil justice system, discuss the ability of remedies to achieve their purposes and evaluate the ability of the civil justice system to achieve the principles of justice during a civil dispute.

Examples of learning activities

• Participate in a mock lawyer / client interview scenario. Apply legal reasoning to an actual or hypothetical civil justice scenario and give advice to a mock client about the factors to consider before initiating a civil claim.
• 
  Using various dispute resolution methods, role-play the parties and legal practitioners involved in a dispute.
  
• Collect a series of news reports about a Victorian class action. Use these to identify the various components that make up a civil trial. Write a report about the case. Include the following: name of the lead plaintiff, defendant, and facts of the case. Describe the progress of the trial outlining witnesses and arguments raised. Summarise the findings and eventual outcome. Discuss the appropriateness of class actions to resolve civil disputes.
• Design an infographic that provides information on the pathways available in Victoria when initiating a civil claim. Take into consideration factors such as costs, limitation of actions, and enforcement issues. Highlight the conditions where it is appropriate to take a matter to Consumer Affairs Victoria, the Victorian Civil and Administrative Tribunal or to the various courts in the Victorian hierarchy.
• Construct a map / diagram depicting the Victorian court hierarchy in a civil case. Highlight the jurisdiction of each court. Explain why a court hierarchy exists, including administrative convenience and a system of appeals.
• Visit the County or Supreme Courts of Victoria to observe the responsibilities of key personnel in a civil trial. Record the key personnel observed and the roles and tasks undertaken by each as observed.
• Film a short vlog entry outlining the resolution of civil disputes in Victoria. Include factors to consider when initiating a civil claim, how to choose the appropriate forum to take the claim, a consideration of remedies and injunctions available, and a summary of the strengths and weaknesses of different methods of dispute resolution and their appropriateness.

Detailed example

Dispute resolution role-play

Using various dispute resolution methods, role-play the parties and legal practitioners involved in a particular scenario.

Scenario

Sam was leaving the work car park in her new car when she was involved in a car crash with her workmate, Alex, who was also leaving the car park. Alex and Sam disagreed about who was at fault, and a heated argument took place in the car park. Alex was driving an expensive sports car that was extensively damaged as a result of the accident. Sam’s car was also extensively damaged but her car was much less expensive to repair.

Alex, who was uninsured has sent Sam a letter demanding that she pay the repair bill for his sports car. Sam does not think she is at fault and has refused to pay. After receiving the letter, Sam asked her colleagues what they witnessed, most of the eyewitnesses believed the crash was Alex’s fault.

Sam has received a written warning from the boss because some of her colleagues complained that they felt pressured by Sam to take sides in the dispute. Meanwhile, Alex received a written warning from the boss after he interrupted an important work meeting Sam was running to yell at her demanding payment for his car. This harmed Alex’s chance for promotion at work, and has made Sam feel isolated and lonely in a workplace where she used to enjoy working.

Alex is considering civil legal action against Sam for the cost of repairing his sports car. It has been recommended however that they attempt a form of dispute resolution first. It is suggested that this will enable Alex and Sam to find a way to repair their working relationship, as well as a resolution for the cost of repairing the cars.

Instructions

• Working in groups of three, select an appropriate method of dispute resolution (conciliation, mediation or arbitration) to use in resolving this dispute.
• Allocate each member of the group to a different role: plaintiff, defendant, impartial third party (conciliator / mediator / arbitrator).
• Attempt to resolve the dispute using your chosen dispute resolution method using a role-play.

Consider and identify:

• The strengths and weaknesses of different dispute resolution methods
• The most appropriate dispute resolution method for this case
• Possible remedies the plaintiff might seek in this case
• The factors the plaintiff should consider before initiating a civil claim in this case
• The factors that affect the ability of the civil justice system to achieve the principles of justice in this case.

Outcome 1

Discuss the ability of parliament and courts to make law and evaluate the means by which the Australian Constitution acts as a check on parliament in law-making.

Examples of learning activities

• Develop a glossary of key legal terms and definitions to be used throughout Unit 4.
• Design an infographic that illustrates the roles of the Crown and the Houses of Parliament in law-making. Highlight similarities and differences between the lower house and the upper house. Create one infographic for Victoria and one for the Commonwealth.
• Create a diagram detailing the constitutional law-making powers of the state and Commonwealth parliaments. Include illustrations to demonstrate the different ways in which exclusive, concurrent and residual law-making powers have and can be exercised. Include the operation of section 109.
• Produce a flowchart depicting the main aspects of one High Court case that has impacted the division of law-making powers in Australia. Include details about the case, including the original issue, how the High Court interpreted the Constitution, and the subsequent effects of this interpretation on the division of law-making powers between the Commonwealth and states. Appropriate cases include: Victoria v Commonwealth (1926) – ‘Roads case’; R v Brislan; Ex parte Williams (1935); Commonwealth of Australia & Anor v the State of Tasmania & Ors (1983) – ‘Tasmanian Dams Case’.
• Draw a table showing the factors affecting the law-making ability of parliament. Indicate how and why each factor either enhances or limits parliament’s ability to make law.
• Participate in a mock parliamentary session and discuss how the bicameral structure of parliament either enhances or limits parliament’s ability to make law.
• Devise a table detailing the different Constitutional checks on parliament when law-making, and the advantages and limitations of each check. Provide illustrative examples of each check.
• Produce a Venn diagram or flowchart depicting how the separation of powers operates in Australia and evaluate the ways in which this can be effective or ineffective in acting as a check on parliament.
• Research a case study example of how the High Court has protected the principle of representative government and produce a flowchart depicting the main aspects of the case. Conduct  a class debate evaluating the extent to which the High Court’s role in this case was able to act as a check on parliament. Appropriate cases include: Australian Capital Television Pty Ltd v Commonwealth [No. 2] (1992) – ‘Political Advertising Case’; Lange v Australian Broadcasting Corporation (1997); Roach v Electoral Commissioner (2007).
• Role-play different Constitutional checks on parliament in law-making. A student may assume the role of a check and advocate to the rest of the class, why they are the most effective check, also arguing that others are less effective than them. Following this, students demonstrate and debate their views as to the effectiveness of each check by positioning themselves in line from least effective to most effective.
• 
  Write a response to one of the prompts regarding the Constitution’s ability to keep the law-making powers of parliament in check. (Detailed example)
• Apply legal reasoning to an actual constitutional law scenario and discuss the extent to which the Constitution acts as a check on parliament in law-making.
• Design an infographic that explains and illustrates the reasons for statutory interpretation, and its possible effects.
• Draw cartoons or illustrations that show the features of the doctrine of precedent.
• Draw a table showing the factors that affect the law-making ability of the courts. Indicate how each factor enhances or limits the ability of courts to make law.
• Create a detailed map illustrating the relationships between courts and parliament in law-making.

Detailed example

Structured response

Discuss the extent to which you agree with one of the following statements. Justify your response with the use of appropriate legal principles and concepts, laws, cases, and examples.​

• ‘The Australian Constitution has served the interests of the people well, as a most effective check on parliament in law-making.’
• ‘Without judges to enforce it, the Australian Constitution would never act as an effective check on parliament.’

Outcome 2

Explain the reasons for law reform and constitutional reform, discuss the ability of individuals to change the Australian Constitution and influence a change in the law, and evaluate the ability of law reform bodies to influence a change in the law.

Examples of learning activities

• 
  Research and report on a recent attempt to influence change in an Australian law. Summarise findings in a table.
  
• Participate in creating a petition or demonstration about an issue at school or in the local community. Debate as a class which means of influencing law reform is more effective.
• Create a collage of media (including social media) responses to a law reform issue and participate in a class debate about whether media bias influences law reform.
• Create a pamphlet discussing the strengths and weaknesses of various means for influencing law reform.
• Produce a flowchart depicting the stages in a recent example of either a parliamentary committee or a Royal Commission making a recommendation for law reform. Show the process, and the steps involved, from the beginning to the end. Illustrate how the law was changed.
• Participate in a gallery walk examining historical sources from the 1967 Referendum about First Nations people. Create a poster to explain the reasons for the constitutional reform, discuss the factors affecting the success of the referendum, explain the outcome of the referendum in relation to the double majority requirement, and evaluate the overall significance of the referendum.
• Create a spreadsheet detailing the 45 past referenda in Australia, including rates of rejection or acceptance by states for each referendum. Note whether or not each referendum passed. Present the data in the spreadsheet as a graph or chart. Analyse the results and consider the ability of the Australian people to protect or change the Constitution. Research one referendum in detail. Did change come about post referendum? How would you have voted in each referendum? Give reasons for your decision.
• Research possible future constitutional reform and write a 3-minute speech advocating for change.

Detailed example

Research and report: Influencing change in an Australian law

Research an example of a recent attempt (whether successful or not) to influence a change in the law in Australia. Present your findings in a written report to the class.

Some guiding questions for research might include:

• What is the existing law?
• What arguments were presented as evidence of the need to reform this law? By whom?
• Was there opposition to the proposed law reform? By whom? What arguments were used in opposing the law reform?
• Summarise the key players and their roles in their attempt to influence legislative change. Present this in a table.
• Outline the means used by group(s) to bring about law reform.
• Outline the role played by the media in influencing this law reform and its potential success.

Draw up a table summarising your findings under the following headings:

• The reasons for the attempt to influence change in the law
• The means used by individuals to influence law reform
• Analyse the role of the media and social media in the attempt to influence legislative change.
• Describe any political pressures faced by parliament in relation to the intended change.
• Discuss the extent to which the attempt was successful.