Dr David Plater
Associate Professor
Adelaide Law School
University of Adelaide
Deputy Director SALRI
Phone: 61 83130921
Email Address: David.Plater@adelaide.edu.au

Professors Geoff Muecke and John Williams and Dr Sylvia Villios will also be involved with the course.

The timetable may vary owing to public holidays and the availability of guest speakers such as the Attorney-General.

This course seeks to equip students with an appreciation of the role and processes of law reform and the important functions of a law reform agency in the modernisation of the law. On successful completion of this course, students will be able to:

1	Explain the historical and modern contexts of law reform including the political, constitutional, executive, legislative, community, Aboriginal and media aspects and implications to modern law reform:
2	Develop and apply effective, inclusive and respectful engagement and consultation in modern law reform with particular emphasis on Aboriginal communities.
3	Identify and explore the challenges of law reform and how such challenges can be addressed including issues of criminal, civil and social justice and the impact of technology;
4	Undertake high level research and critical analysis of an assigned area of the law within its comparative and practical, technological, policy and legal dimensions and make reasoned findings and conclusions;
5	Present an argument, both in writing and orally, into a specific difficult legal problem by demonstrating research skills, analysis, understanding of the legal area, the policy and practical implications and skills in effective oral and written communication to a broad audience;
6	Explain the vital Indigenous context to modern Australian and comparative law reform.

Text Book
There is no set or prescribed textbook.
Brian Opeskin and David Weisbrot (eds), The Promise of Law Reform (Federation Press, 2005) is somewhat dated, but is stiill useful.
Ron Levy et al (eds), New Directions for law in Australia: Essays in Contemporary Law Reform (ANU Press, 2017) is useful.

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

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

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

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

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

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

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

Students will also be provided with examples of past student work to assist in their assessed exercises.

Various online resources will be made available to students during the course. Students will be provided with links to various articles and sources and references on the course website during the course. Previous examples of student work will be provided for guidance.

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

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

Seminars

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

Attendance is required. Guest speakers such as Elders may prefer their classes to not be available online. Students will be expected to have conducted the pre-class reading and research. Students should come to seminars fully prepared and willing and able to enter into the discussions relating to the relevant materials. Questions will be provided relating to the course readings that will assist to support, focus and structure the individual learning of students.

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

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

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

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

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

Law Reform (Hons) A and Law Reform (Hons) B is a full year university course. It consists of one continuing 3 unit subject. The course runs over both Semester 1 and 2 of the academic year. Students will have two hours of class time per week plus up to one hour of structured activities. Students will expect to spend at least two hours each week in independent study related to the course

Schedule

Week	Seminar	Activites	Assessments
1	Part 1: Preparation for research assignment and feedback semester 1 Part 2: Law Reform and the executive and Parliament (introduction)	Planning research assignment (not just hat the law is but what it could be and should be) and feedback from last semester Introduction to the processes of law reform	Research Assignment topics raised
2	Part 1: Executive, legislative and political processes for law reform Part 2: Assignment overview and confirmation topic	Critical discussion of set reading Preparation for law reform assignment	Confirm research assignment topic
3	The role of the modern Attorney-General - Part 1	Guest presentations by former Attorneys-General
4	Part 1: The Government Process in Context Part 2: The role of the modern Attorney-General - Part 2	Seminar conducted by the Attorney-General and the Attorney General’s Department
5	Part 1: Structure of Research Essays  Part 2: Law Reform through the Courts - Part 1: Judicial activism vs judicial restraint?	Critical discussion of set reading	Research update
6	Law Reform through the Courts - Part 2: Judicial activism vs judicial restraint?	Class discussion and guest speaker
7	Aboriginal context for legal practice and law reform	Student-led discussion and guest speaker
8	Part 1: Modern and inclusive consultation with Aboriginal and other communities Part 2: Law Reform in Action	Guest Presentation and Student-led discussion Guest Presentation
9	Law Reform and Parliament	Tour of Parliament by Speaker and Discussion
10	Assignment 2	Student presentation and discussion
11	Assignment 2	Student presentation and discussion
12	Course Overview Legal Education and Law Reform The Future of Law Reform	Course Overview and Class Discussion  The role of legal education in law reform"Are we there yet': the legacy of Justice Kirby	Research Assignment Due Friday SWOTVAC

Attendance is required as part of the course unless students have a valid reason for inability to attend. Attendance may be by zoom depending upon the health situation.

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).

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

Honours students will additionally in both semesters 1 and 2 prepare a suitable law reform exercise in research and analysis. For example, a critical examination of a relevant case or statute or critical review of a detailed submission from an interested party in relation to a law reform proposal in their chosen research topic. Honours students may consider the relevant case or statute or if this an effective submission and addresses relevant points that arise. Honours students should explain why in their view this is or is not an effective contribution. There will be discussion in class of the factors to consider.

Assessment Task	Task Type (Group or Individual)	Due	Weighting	Redeemable (yes/no)	Course Learning Outcome	Length
Literature Review and Class Presentation	Individual	Friday, SWOT week semester 1	30%	No	1, 2, 3, 4, 5	2000 words
Research Assignment and Class Presentation (Semester 2)	Individual	Friday, SWOT week semester 2	50%	No	1, 2, 3, 4, 5, 6	3500 words
Class Participation (over both Semester 1 and 2)	Individual	Ongoing	10%	No	1, 2, 3, 4, 5, 6
Honours Research Exercise(s)	Individual	Friday, week 10, semesters 1 and 2	10%	No	2, 3, 4, 5, 6	600 words

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 consist of facilitated class discussion of the law reform process and the issues that arise as well as the various references of the SA Law Reform Institute that the class will consider during the course.

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

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

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

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


Honours students will additionally in both in both semesters 1 and 2 prepare a suitable law reform exercise in research and analysis. For example, a critical review of a detailed submission from an interested party in relation to a law reform proposal in their chosen research topic. Honours students must consider if this an effective submission and addresses relevant points that arise. Honours students should explain why in their view this is or is not an effective contribution. There will be discussion in class of the factors to consider.

AND

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

For this assessment, students will be required to submit a written paper AND give a seminar presentation of their review to the class before submitting the written paper for assessment. This assessment task has a weighting of 30% of the mark for the course, comprising 20% for the written paper and 10% for the presentation.

AND

Research Assignment

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

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

The research assignment will allow students to undertake detailed research in an assigned area of the law and examine the legal, policy and practical implications arising and to make reasoned and specific recommendations for law reform. The research assignment provides students with the opportunity to demonstrate their understanding of the relevant law and its implications in a law reform and policy context, capacity to identify a research question and analyse relevant legal materials and to make considered recommendations and to develop and demonstrate their skills in oral and written presentation to a broad audience. The focus is not only on what the relevant law is, but what it could and should be. For this assessment, students will be required to submit a written paper AND give a seminar presentation of their review to the class before submitting the written paper for assessment. This assessment task has a weighting of 50% of the mark for the course, comprising 40% for the written paper and 10% for the presentation.


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

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

Standard Adelaide Law School submission requirements apply.

By the due date all submissions should be submitted via TURNITIN and an electronic copy emailed to the Course Coordinator.
All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

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. Reasonable use of footnotes will not be included in the word count.

Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that the assignment is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.


Word Length Penalties: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings and in quotations. Reasonable length footnotes, any separate cover page, table of contents, appendices, bibliography or list of sources are excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

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

Law reform may deal with explicit and confronting subjects.

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

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

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

Student Life Counselling Support

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

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.