LEGL100 to LEGL602

LEGL100/202 Legal Environment of Business                                                                                       10 cp

Prerequisites Nil

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

The Australian legal system and areas of substantive law relevant to commerce, contract and other areas of law, business organisation, employment, commercial arbitration, advertising, trade regulation, civil compensation, and discrimination.

LEGL101 Introduction to Law                                                                                                               10 cp

Prerequisites Nil

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

Business law, also called commercial law, is a term which potentially includes anything that directly or indirectly concerns the central activity of commerce, i.e. the exchange of goods and services. As most commercial exchanges of goods and services are based on contract, the law of contract is at the heart of business law. In addition to the principles of business law, a basic knowledge of the principles of property law is also required because the exchange of goods involves a transfer of title from seller to buyer. This unit introduces students to the basic principles of law, particularly as they relate to business, and examines this through two fundamental commercial activities, setting up a business and doing business.

LEGL102 Business Legal Environment                                                                                                 10 cp

Prerequisites MGMT203 Managing Organisations

Teaching Organisation This unit is to be delivered in a mixed mode. The Study Materials will be written in Distance Education format and will be used to introduce and explore relevant concepts. The students will also attend two on-campus residentials per semester for face-to-face classes which will enhance understanding and develop skills and will involve guided discussions, group activities, videos and other interactive activities.

This unit aims to introduce the concepts underpinning business law. As most commercial exchanges of goods and services are based on contract, the law of contract is at the heart of business law. In addition to the principles of business law, a basic knowledge of the principles of property law is also required because the exchange of goods involves a transfer of title from seller to buyer. This unit introduces students to the basic principles of law, particularly as they relate to business, and examines this through two fundamental commercial activities, setting up a business and doing business.

LEGL200 Business Law                                                                                                                        10 cp

Prerequisites LEGL101 Introduction to Law

Teaching Organisation 3 hours per week for 12 weeks or equivalent of lectures, tutorials and workshops.

Examination of the law, particularly relating to business enterprises. The law on sale of goods, consumer protection, consumer credit. Negotiable instruments: commercial bills, the operation of commercial bills and money markets. Secured transactions: the law of securities over personal property. Credit arrangements in use in the distribution and sale of goods and services. The law of bankruptcy. Formation of contracts: void, voidable, illegal and unenforceable contracts; misrepresentation, duress and undue influence; the content of contracts; privity of contract and agency; discharge of contract; remedies.

LEGL201 Company Law                                                                                                                       10 cp

Prerequisites LEGL101 Introduction to Law

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

This unit covers the law regulating corporations. Students will learn the rules and how to apply them by using the technique for working with law. This technique is of general application to working with law in any area and so will benefit students in later professional lives when working with law, be it corporations law or any other law. It will help to put company law in context by explaining the scope of business law.

LEGL300 Taxation Law                                                                                                                        10 cp

Prerequisites LEGL101 Introduction to Law

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

There are two reasons for business students to learn about taxation. First, business is subject to tax, and to function in the business environment it is useful to know some basic principles of taxation law. Second, one of the major fields of accounting and financial practice is taxation law. More broadly speaking, taxation is the price we pay for non-marketable goods (public goods) and some marketable goods as well. This poses further questions regarding the basis of taxation. Should it, for example, be fair? Efficient? A combination of these? Against this background we examine taxation imposed by statute, the Income Tax Assessment Act 1997 and the Income Tax Assessment Act 1936. We see how these Acts evade one of the major questions - what should be appropriate and allowable deductions from assessable income.

LEGL500 Introduction to Education Law                                                                                              10 cp

Prerequisites Nil

Teaching Organisation 2 hours per week for 12 weeks or equivalent, plus up to 2 hours self-directed learning, depending on the student’s background.

Education in the 21^st Century must occur in the context of the law. Principals, teachers, students and parents are increasingly aware of the importance of legal rights and responsibilities, although they do not always fully understand them. Government, unions, insurers and the media are also giving more attention to legal obligations in education. Consequently, educational administrators and teachers are expected to manage legal issues.

This unit provides an understanding of the way law is made and applied in Australia. It seeks to give students greater confidence with legal concepts and language and to introduce students to the legal framework which surrounds education.

LEGL501 Governance in Catholic Schools                                                                                           10 cp

Prerequisites Nil

Teaching Organisation 2 hours per week for 12 weeks or equivalent, plus up to 2 hours self-directed learning, depending on the student’s background.

Good governance is an essential component of quality education in the 21st Century. Increasingly it is becoming a legal requirement also. This unit aims to give students an understanding of the hierarchy of relationships responsible for the governance of Catholic schools. In this context, students will examine the relationship between civil law and canon law as it impacts on the governance of schools. Students will also gain some expertise in the development of effective policies for school governance.

LEGL502 Legal Obligations and Rights                                                                                                10 cp

Prerequisites LEGL500 Introduction to Education Law

Teaching Organisation 2 hours per week for 12 weeks or equivalent, plus up to 2 hours self-directed learning, depending on the student’s background.

The educational process is underpinned by a complex matrix of relationships, each giving rise to certain obligations and rights. Principals, school administrators and teachers need to understand the various legal relationships that exist in the educational process, and the obligations and rights that flow from them.

This unit will examine the various statutory, common law including contractual duties, particularly the duty to take reasonable care, which underpin the educational process. It will also critically examine the obligations and rights of parents and of students.

LEGL503 Managing Legal Issues                                                                                                         10 cp

Prerequisites LEGL500 Introduction to Education Law

Teaching Organisation 2 hours per week for 12 weeks or equivalent, plus up to 2 hours self-directed learning, depending on the student’s background.

This unit aims to equip teachers and educational administrators to manage legal issues effectively. Students will be educated to identify potential legal problems and how best to avoid them. Students will learn about various ways of settling disputes including mediation and other primary dispute resolution strategies. They will gain an understanding of the language used in legal correspondence and threats of litigation and how to participate in court proceedings. The unit will also examine in detail contemporary legal issues in the education sector such as family law, privacy, discrimination and occupational health and safety.

LEGL504 The Legal Environment                                                                                                         10 cp

Prerequisites Nil (Incompatible with EXSC661 Sports Law and the Regulatory Environment)

Teaching Organisation Equivalent of 24 hours in mixed mode including online and on-campus delivery.

This unit provides an understanding of the way that the law is made and applied in Australia. It seeks to give students greater confidence with respect to understanding legal concepts and language and to introduce students to a legal framework which surrounds their daily activities and consequently an enhanced ability to manage legal issues. In particular the unit takes basic legal concepts and applies them specifically to issues that arise in the human services sector. It deals in depth not only with issues that arise in the workplace but also with issues that arise in dealing with the diverse stakeholders of human service organisations as well as the changing employment environment.

LEGL505 Duty of Care                                                                                                                          10 cp

Prerequisites Nil

Teaching Organisation Equivalent of 24 hours in mixed mode including online and on-campus delivery.

Professionals in the human services sectors, especially leaders, aspirants to leadership and managers need to be increasingly aware of the importance of legal rights and obligations particularly as they relate to duty of care. The concept of duty of care and the situations in which that duty is owed is being increasingly enlarged through the Australian judicial system. This unit will provide an understanding of the development of the concept of duty of care and its historical origins as part of the wider area of law of negligence. With a foundation of basic legal principles, a series of case studies will illustrate duty of care issues relevant to the human services sector.

LEGL507 International Human Rights                                                                                                  10 cp

Prerequisites Nil

This unit provides students with a broad overview of the international law relating to human rights. It provides an outline of the UN system for the protection of human rights and makes a special study of the emerging changes with the 2006 institution of the UN Human Rights Council. It provides a special focus on East Timor and Cambodia, the two countries in the region to have received closest attention from the UN Human Rights Agencies.

LEGL508 Australian Human Rights                                                                                                       10 cp

Prerequisites Nil

This unit provides non-lawyers with an interest in human rights with access to the domestic law governing human rights in Australia. It also provides lawyers with the social and political context for the contemporary debate about the need for a bill of rights in Australia, and the shortcomings in Australian law for the adequate protection of minorities including indigenous Australians, asylum seekers and refugees. This unit provides NGO workers, concerned citizens and those employed by church agencies with the learning needed to contribute to public dialogue and action enhancing human rights in Australia, including freedom of religion.

LEGL509 Human Rights and International NGOs                                                                                  10 cp

Prerequisites LEGL507 International Human Rights

This unit provides students with a practical understanding of the role of international NGOs in the protection and advocacy of human rights. It will include case studies of international NGOs’ interventions in countries suffering gross human rights violations. It will also focus on the strategic campaigns of international NGOs that adopt particular issues to advocate internationally. There will be a particular focus on the role played by international NGOs in advocating the establishment of the new UN Human Rights Council and now in the Council itself. The unit will use Australian case studies wherever possible to illustrate both the work of international NGOs with Australian affiliates and the work of international NGOs on Australian human rights issues.

LEGL510 Terrorism and Human Rights                                                                                                10 cp

Prerequisites Nil

Since 11 September 2001, there has been an increased need for government to find appropriate ways of providing public security in the face of terrorism while also protecting human rights. This unit surveys developments in the EU, the US and Australia. Legislation passed to cope with the terrorist threat and the reviews which have been conducted of such legislation will be examined. What does it mean to speak of a war against terror? Are there legal safeguards which ought to apply no matter what the level and uncertainty of threat?

LEGL511 International Human Rights Mechanisms                                                                              10 cp

Prerequisites LEGL507 International Human Rights

This unit provides students with a practical understanding of the role of international human rights mechanisms, including the new UN Human Rights Council, the Special procedures of the Human Rights Council and the human rights treaty monitoring committees. It will include case studies of the work of these mechanisms, focusing in particular on Australian experiences. The unit will provide students with knowledge and skills in the use of these mechanisms from a local level to address local human rights issues and situations.

LEGL512 Australian Migration Law                                                                                                      10 cp

Prerequisites Nil

This unit will introduce students to the sources of law in Australia. It will examine in detail Australia’s immigration system, legislation and policy and assist students in the interpretation of immigration law. Students will also develop their understanding of the history of immigration in Australia. Students will be introduced to the various visas within the Australian immigration system, their respective requirements and application procedures.

LEGL513 Legal Research Methods                                                                                                       10 cp

Prerequisites Nil

The unit helps students to understand a range of concepts and techniques associated with both qualitative and quantitative methods of research that are applicable when undertaking legal research. The students will be able to evaluate the best method of doing particular types of research and will allow students to apply some of these techniques in workshop activities and projects. Students will also learn how to correctly reference material using an accepted legal citation method.

LEGL515 Applied Study in Human Rights                                                                                            10 cp

Prerequisites Nil

In this unit students investigate social justice and human rights issues and examine them with respect to national and international human rights laws. The unit contributes to the research knowledge and skills of the student, as well as developing the student’s in-depth knowledge of the scholarship and practice of human rights law.

LEGL516 Human Rights of Indigenous Peoples                                                                                   10 cp

Prerequisites Nil

This unit provides students with a good understanding of the significant human rights issues distinctive to indigenous peoples in Oceania, especially Aborigines and Torres Strait Islanders in Australia. It provides an overview of the individual human rights of indigenous persons who often happen to be amongst the most disadvantaged citizens. It also provides an understanding of the unique collective rights of indigenous persons (such as land rights and self-determination) and the unique entitlements of indigenous groups to seek rectification of past wrongs including the separation of children and the non-payment of wages. Students are encouraged to read indigenous writers and to critique the arguments for distinctive treatment of indigenous groups as well as government policies of assimilation and integration.

LEGL600 Comparative Regulatory Frameworks                                                                                   10 cp

Prerequisites Nil

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

In terms of international trade, the world is apparently dividing itself into three major regions – the Americas, Europe and Asia. Within those regions, there is a wide diversity in the regulatory structures affecting business practices. Some of those structures are tied into a tightly controlled oversight of business by Government; others are more laissez faire in their approach. In some instances, the regulatory framework is designed to mesh with the taxation arrangements, in others; the two systems are quite separate.

LEGL601 Commercial and Corporations Law                                                                                      10 cp

Prerequisites Nil

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

The purpose of this unit is to examine the main principles of company law and commercial law as they affect accountants. The vast majority of businesses, of any size, are companies. Therefore, to function in the business environment it is important to understand the basic principles of company law. Apart from lawyers, accountants are the largest professional group that interacts with corporate structures and it is important that they understand the workings of, administration and limitations of company structures under the Corporations Act. Companies conduct the majority of their activities through contract law. Accountants need a working knowledge of the law of contract.

Emphasis in this unit will be placed on understanding the legal effects of incorporation, the liability of companies, the laws relating to the raising and maintenance of capital, the responsibility for management of companies, the proper conduct of companies, protection of shareholders and options for companies in financial distress, common law and statutory rules applicable to contract, offer, acceptance, intention to establish legal relations, performance of contracts, remedies for breach of contract.

LEGL602 Taxation Law                                                                                                                        10 cp

Prerequisites LEGL601 Commercial and Corporations Law

Teaching Organisation 3 hours per week for 12 weeks or equivalent.

There are only two certainties in life and one of them is income tax. Tax issues play a significant role in the administration of all business activities. This course provides an introduction to a broad range of taxation topics. The aim is to provide students with a sound understanding of the concepts employed in taxing income in Australia. The course focuses on the recognition of income and deductions and focuses on the taxation of business.