Law and Social Justice: Supporting Capacity and Capability is an elective subject in postgraduate programs offered by the Faculty of Law. The subject examines and evaluates how the law can best achieve the goals of social justice for people with disability in Australia. A particular focus is the National Disability Insurance Scheme Act introduced in 2013 in response to Australia’s obligations to the UN Convention on the Rights of Persons with Disabilities. The Scheme supports people with disability to build skills and capability so they can participate in the community and employment. Significantly, the Scheme has created new business opportunities, start-up companies and growth of providers in an open marketplace.
|Academic unit:||Faculty of Law|
|Subject title:||Law and Social Justice: Supporting Capacity and Capability|
Delivery & attendance
|Attendance and learning activities:||Attendance at the on-campus seminars is mandatory. Online modules can be completed at the students’ pace.|
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.
|Restrictions: ?|| This subject is not available to|
Students must be admitted into a Masters Law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad OR Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Critically analyse contemporary Australian approaches to disability legislation
- Define key principles in various disability legislation and case law
- Collaborate with others in various contexts whilst providing input on social justice and disability law.
- Draft a cohesive research report examining case law and relevant legislation.
|*Online Activity||Discussion Boards||20%||Ongoing||2, 3.|
|*Class Participation||Seminar Participation||20%||Week 10||1, 2, 3.|
|Research Paper||Written research report||50%||Week 12||1, 2, 4.|
|*Online Quiz||Online Quiz||10%||In Consultation||1, 2.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Examination of the historical perspectives of disability including the so-called “Ugly Laws” in the USA; the medical v social model concept of disability; how the National Disability Insurance Scheme Act 2013 now forms a rights-based framework following the Australia Government signing the UN Convention on the Rights of Persons with Disability in 2006.
Defining intellectual disability and mental illness and relevant laws. Issues concerning Jury duty, voting, “unfit” for trial, involuntary orders and restrictive practices are examined.
Supported and substituted and decision making; Guardianship laws; recommendations of Australian Law Reform Commission. Disability Discrimination laws and “reasonable adjustment”.
Examination of the NDIS Act in particular Section 34 reasonable and necessary support; eligibility criteria and self-management by participants (employees v contractors) role of nominees and “financial sustainability” of the Scheme.
The “business” building of the NDIS moving towards full rollout across Australia; provider registration, influx of new providers and market share, requirements of trading entities, the proposed Quality and Safeguards Commission as proposed by the Commonwealth.
Mechanisms for review including internal review and external review to the AAT; analyzing most recent decisions including Federal Court decision of McGarrigle case.
• Wills, Trusts (including Special Disability Trusts) • Powers of Attorney (state jurisdictions)
• Amending legislation: National Disability Insurance scheme Amendment (Quality and Safeguards Commission and other measures) Act 2017 – accreditation for business providers and compliance issues • Topic determinations and requirements of written research essays