Dr David Plater
Deputy Director, South Australian Law Reform Institute
Ligertwood Building
Ph: 8313 0921
David.Plater@adelaide.edu.au

This course seeks to equip students with an appreciation of the methods of law reform and the distinct role a law reform agency has in the modernisation of the law.

On successful completion of this course, students will be able to:
1. Explain how the historical and modern context of law reform impacts upon the role and operation of law reform agencies;
2. Achieve the legislative, executive, political and community contexts to law reform:
3. Identify the challenges of law reform and how such challenges have been or can be addressed (including an example such as relating to an Indigenous law reform issue);
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 legal problem by demonstrating research skills, understanding of the relevant area of the law, the policy and practical implications arising and skills in effective oral and written communciation to a broad audience;
6. Critically analyse and provide constructive feedback on presentations, reports and other items as to their effectiveness and persuasion.

Intellectual and Social Capabilities

a) A law graduate will have the cognitive skills to analyse, evaluate and synthesise information from a wide variety of sources and experiences so as to identify and address as appropriate legal and related issues.

b) A law graduate will have an awareness and appreciation of the incompleteness of law and the continuous state of development of legal principle in response to social and technical change, and a capacity to respond to such change and assist such development as appropriate.

c) A law graduate will have critical thinking and problem solving skills.

d) A law graduate will have oral and written communication skills of a high order.

e) A law graduate will have skills to work both independently and cooperatively, in a professional environment.

f) A law graduate will have the capacity and commitment to learn and maintain intellectual curiosity, and to engage in life-long personal and professional learning.

Attitudes and Values

a) A law graduate will have a commitment to the rule of law.

b) A law graduate will have an understanding of social and cultural diversity and sensitivity of the operation of the law and legal structures in that context.

There is no set Text Book
Brian R. Opeskin and David Weisbrot (eds), The Promise of Law Reform (Federation Press, 2005) is somewhat dated but is still useful.
Depending upon the relevant law reform project(s), the relevant legislation will be required. This will be discussed at the seminar.
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 informed of recommended resources. It will depend upon the applicable law reform topic(s) that are covered in the course. Links to relevant articles and/or reports will be made available on the MYUNI course website.
Various resources, articles and references will be made available during the course.
There may be various guest speakers 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.

Various on line resources, articles and references will be made available to students during the course.
Students in particular as part of the course will critique and provide constructive feedback on examples of written and oral presentations, online and in class, using a rubric to be provided 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 and persuasion.

Seminars

The primary teaching mode will be the weekly seminars. These are not in lecture form. Seminars will often be in the form of interactive discussions. There will quite 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 will be required to 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 will be 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 the 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. Students will use these structured exercises to inform discussion of particular activities undertaken in class.
There will be various guest speakers from government, legal practice, the media, the community and the judiciary during the course. Students should take the valuable opportunity to fully engage with such guest speakers who are kindly sharing their time and expertise. It goes without saying that students should always treat any guest speaker with professionalism.

The University expects full-time students (i.e. 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 9 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 2 hours of class time per week plus up to 1 hour of structured activities. Students will expect to spend at least 2 hours each week in independent study related to the course.

	Seminar	Activities	Assessment
Week 1	Part 1: Preparation for research assignment and feedback term 1 Part 2: Measuring Sucess and Impact of Law Reform?	Discussion of course outline, Planning research assignment (not just hat the law is but what it could be and should be) and feedback from last semester How does law reform measure its 'success'	Research Assignment topics raised
Week 2	Part 1: Law reform through the executive and Parliament (introduction)	Critical discussion of set reading
	Part 2: Legislative processes	Quiz and discussion (political and law reform process)
Week 3	Executive, legislative and political processes for law   reform	Seminar conducted by the Attorney-General and the Attorney General’s Department
Week 4	Part 1: Law Reform through the courts: Judicial activism vs judicial restraint?	Critical discussion of set reading
	Part 2: Using Hansard and case authorities in law reform essays	Research skills
	Part 3: Assignment overview and confirmation topic	Preparation for law reform assignment and Opportunity to discuss Report outline	Selection research essay topics
Week 5	Law Reform through the courts (cont): Judicial activism vs judicial restraint?   Structure for law reform essays	Critical discussion of set reading Preparation for law reform assignment and Progress review
Week 6	Part 1: Role of the Media in Law Reform	Class discussion
	Part 2: Role of 'Pressure Group' in Law Reform	Guest Speaker with student input
Week 7	Part 1: Criminal justice reform: 'Law and Order' and Implications for Law Reform	Student-led discussion
	Part 2:  Student progress updates	Student discussion and updates	Group updates
Week 8	Part 1: Civil Law reform and Social Justice	Student-led discussion
	Part 2: Assignment Questions and Research and Advocacy Update	Preparation for law reform assignment and class presentations Progress review
Week 9	Assignment 2	Student presentation and discussion
Week 10	Assignment 2	Student presentation and discussion
Week11	Assignment 2	Student presentation and discussion
Week 12	Course Overview Legal Education and Law Reform The Future of Law Reform	Course Overview and Class or Guest Discussion  The role of legal education in law reform "Are we there yet': ideas for the future	Research Assignment Due

Attendance is required unless students have a valid reason to be unable to attend class. 

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).

Attendance 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 do not consist of lectures but rather 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. 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).

The Semester 1 assessment is the Literature and Case Review (35% of the total marks for this course).

The Semester 2 assessment is the Research Assignment (55% of the total marks for this course).

Class participation is one mark assessed over both Semester 1 and Semester 2 (10% of the total marks for this course).

Assessment Task	Task Type	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			1500 words	30% 5%	No	1, 2, 3, 4, 5
Research Assignment Written Assignment Assignment Presentation			3500 words	50% 5%	No	1, 2, 3, 4, 5, 6

Participation in Seminars – weighting 10%

Students will be assessed on the quality of their contributions to the seminars during the year. 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 address specific questions of law, policy or practice raised by the literature and the seminar leader, and 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 – weighting 35%

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 30% for the written paper and 5% for the presentation.The written Literature and Case Review are due on the last day of Semester 1 Week 12.

AND

Research Assignment – weighting 55%

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 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 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. 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 50% for the written paper and 5% for the presentation.

The written Research Assignment is due on the last day of Semester 2 Week 12.

All assessment is summative. All assessment is compulsory. All assessment is to be undertaken individually. Although there are collaborative activities all assessment tasks 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.

PARTICIPATION IN SEMINARS – weighting 10% of the total marks for this course (one mark applies to participation over the whole year (ie: in both Semester 1 and Semester 2)

Students are expected to attend and participate fully in seminars.

Grade Descriptors for Class Participation are as follows:

High Distinction 85-100
Regular attendance at classes, outstanding level of quality contribution to class discussion demonstrating a strong understanding of concepts, high level of analysis and strong capacity to identify issues, clear understanding of cases and materials, strong responsiveness to the contributions of others, insightful and considered and constructive feedback, and evidence of thorough reading of set material and preparation for class.

Distinction 75-84
Regular attendance at classes, frequent contributions to class discussion of a highly developed nature demonstrating clear understanding of concepts, high level of analysis and clear capacity to identify issues, sound understanding of cases and materials, strong responsiveness to the contributions of others, considered and helpful feedback and evidence of reading set material and preparation for class.

Credit 65-74
Regular attendance at classes, frequent contributions to class discussion demonstrating thoughtful approach to materials and clear understanding of concepts, capacity to analyse cases and material and identify issues, responsiveness to the contributions of others, helpful feedback and evidence of reading set material and preparation for class.

Pass 50-64
Regular attendance at classes, limited contributions to class discussion but adequate to demonstrate understanding of concepts and capacity to analyse cases and material and identify issues, basic responsiveness to the contributions of others, basic feedback and evidence of reading set material and preparation for class.

Fail 0-49
Failure to regularly attend classes, limited contributions and lack of responsiveness to questions, no effort at engagement or feedback, inability to demonstrate understanding of concepts or capacity to analyse cases and material and identify issues, limited or poor evidence of reading set material and preparation for class.

LITERATURE AND CASE REVIEW – weighting 35%

For further information on the Literature and Case Review, please refer to the Course Outline for Law Reform Part A.
 
RESEARCH ASSIGNMENT – weighting 55%

Topics
Given the special nature of the course and the need to align the research activities of the course with those of the Law Reform Institute the specific topics for the Research Assignment will not be known prior to the commencement of the course. It is anticipated that the research topics will be distributed by the end of Semester 1.

The objective of the research assignment is to review an area of law that has been identified as needing reform and to present and examine a range of reform options.

Due Date
The Research Assignment is due by 2.00pm on the last day of Semester 2 Week 12.

There will be a penalty for late submissions of 10% per day or part day. This penalty is NOT 10% of the mark but of the assessment. For example an assignment that obtains a mark of 70% which is two days late will incur a penalty of 20%. The final mark would be 50%.

Length
The research essay is to be a maximum of 3500 words. There will be a penalty of 10% imposed for essays that exceed this word length. There is no leeway. 3500 words means a MAXIMUM of 3500 words. Reasonable use of footnotes will not count towards this. The research assignment requires original and independent research AND a presentation of the written paper to the class before it is submitted for assessment. The written paper will be assessed at 50% and the presentation will be assessed at 5% of the mark for this course. These exercises involve both written and oral communication and persuasion.  

Citation and referencing
The research essay must comply with The Australian Guide to Legal Citation (3rdedition) ‘AGLC3’. AGLC3 is available for purchase from bookshops or may be accessed at http://www.law.unimelb.edu.au/aglc

Grade Descriptors for the Research Essay are as follows:

High Distinction: 85 – 100
Demonstrates an outstanding level of understanding and presentation and a very strong degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and high level understanding of materials beyond the core texts and cases that are relevant to the essay topic; very strong knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic and the ability to consider issues in the context of the discipline; clear evidence of strong ability to construct a coherent and logical argument based on evidence, and evidence of imagination and flair in so doing; strong evidence of analytical and evaluative skills and ability to apply fundamental concepts; very strong evidence of independent research on the topic; highly developed skills in expression, spelling, grammar and presentation; and complete accuracy in use of correct forms of legal citation.

Distinction: 75 – 84
Demonstrates a very high level of understanding and presentation and a strong degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and clear understanding of materials beyond the core texts and cases that are relevant to the essay topic; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic; clear evidence of good ability to construct a coherent and logical argument based on evidence, and evidence of imagination and flair in so doing; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; strong evidence of independent research on the topic; well developed skills in expression, spelling, grammar and presentation; and very high rate of accuracy in use of correct forms of legal citation.

Credit: 65 – 74
Demonstrates a high level of understanding and presentation and a degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and clear understanding of the core materials relevant to the essay topic; sound knowledge of principles and concepts; clear evidence of good ability to construct a coherent and logical argument based on evidence; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; clear evidence of independent research on the topic; good skills in expression, spelling, grammar and presentation; and high rate of accuracy in use of correct forms of legal citation.

Pass: 50 – 64
Satisfies the minimum in addressing the research question asked; some evidence of basic reading of and reflection on the core materials necessary to understand the essay topic; knowledge of principles and concepts adequate to communicate intelligently in the topic and to serve as a basis for further study; evidence of basic ability to construct a coherent argument; some evidence of analytical and evaluative skills; some evidence of independent research on the topic; adequate skills in expression, spelling, grammar and presentation; and few errors in accuracy in use of correct forms of legal citation.

Fail: 0 – 49
Fails to satisfy the minimum requirements and does not answer the research question; very little evidence of having read any of the core materials necessary to understand the essay topic; scant knowledge of principles and concepts; very little evidence of ability to construct a coherent argument; very little evidence of analytical and evaluative skills; no evidence of independent research on the topic; rudimentary skills in expression, spelling, grammar and presentation; and inaccurate use of correct forms of legal citation.

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.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

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.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

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

Lex Salus Program

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

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

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

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (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 honesty 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.