Syllabus
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Unit 1: Beyond reasonable doubt
Topic 1: Legal foundations
Unit 1: Beyond reasonable doubt > Topic 1: Legal foundations
- Describe key terms using legal terminology, including jurisdiction, code, justice, equitable outcomes, rule of law, crime, statute law, common law, customary law, onus of proof, standard of proof, arms of government (legislative, judicial and executive), powers (residual, concurrent and exclusive), the Australian Constitution, adversarial systems and inquisitorial systems
- Describe the concept of the rule of law
- Describe the sources of law in the Australian legal system
- Describe the separation of powers doctrine in the Australian legal system
- Describe the difference between onus of proof and standard of proof
- Describe the court hierarchy in Australia
- Describe the difference between adversarial and inquisitorial systems of criminal justice
- Explain the purpose of laws within society
- Explain the difference between a rule and a law
- Explain concepts of just and equitable outcomes as a foundation principle of criminal law in Australia
- Explain characteristics of an effective law, e.g. known to the public, acceptable in the community, able to be enforced, and carry specific penalties or punishment that apply to all
- Explain the process of statutory law-making, and the role of states, territories and the Australian Government
- Explain the process of statutory interpretation and the role of courts
- Explain legal criteria for decisions
- Analyse a range of criminal legal issues to determine the nature and scope of the issue and then examine different viewpoints, e.g. scenarios that include crimes that are overt, e.g. wilful damage and assault
- Analyse the role of customary law in Australia's legal system to determine the nature and scope of the issues involved, then examine different viewpoints
- Describe the links between the legal foundations to the criminal justice system as a general overview, including the investigative process, the trial process, and punishment and sentencing
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Topic 2: Criminal investigation process
Unit 1: Beyond reasonable doubt > Topic 2: Criminal investigation process
- Describe key terms using legal terminology, including summary and indictable offences, criminal act (actus reus), criminal intent (mens rea), alleged, accused, witness, suspect, victim, evidence, offender, warrants, arrest, charge, and summons
- Explain what constitutes criminal behaviour, and identify the different roles in an alleged criminal situation
- Explain the criminal investigation process and the features that contribute to just and equitable outcomes, including reasonable suspicion and the right to silence
- Explain the types of evidence police may collect at a crime scene and during an investigation process
- Contrast summary and indictable offences, and classify offences into categories (e.g. against the person, property and the public interest) in reference to the Criminal Code1
- Explain the role police play in the criminal investigation process
- Explain the rights and responsibilities of police (Police Powers and Responsibilities Act 2000 (Qld)), suspects, accused and victims
- Analyse and apply elements of offences to a range of criminal scenarios
- Explain situations where search and arrest warrants are required
- Explain police discretionary powers
- Explain legal processes regarding juveniles (Youth Justice Act 1992 (Qld))
- Select legal information and data about Australian crime rates and criminal offences, choosing current and relevant sources to analyse crime rates over type, time, age and place in Australia to ascertain relationships, patterns and trends. (Note: Students should apply the calculation for change, if required.)
- Analyse and evaluate the extent to which the criminal investigation process balances individuals' rights with society's need for order (e.g. deoxyribonucleic acid (DNA) testing and storage, databases and data banks, and fingerprints, whether evidence should be destroyed at the completion of a trial, the collection of metadata, and telecommunications data), justify using legal criteria and discuss implications
- Describe the links between the legal investigation process and the commencement of a criminal trial
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Topic 3: Criminal trial process
Unit 1: Beyond reasonable doubt > Topic 3: Criminal trial process
- Describe key terms using legal terminology, including the Crown, prosecutor, defendant, double jeopardy, defences and excuses, committal hearing, arraignment, jury, bail, bailiff, judge, verdict adjournment, remand, conviction, hand-up committal, solicitor, barrister, and counsel
- Explain the trial process, including the court hierarchy as it applies to trials, key personnel, court processes, including mentions, committal hearing, arraignment, pleas and appeals, presumption of innocence and the burden of proof as a legal right to fairness
- Use scenarios to explain bail conditions and decisions under the Bail Act 1980 (Qld), jury selection under the Jury Act 1995 (Qld), unanimous verdict, majority verdict, and standard of proof — beyond reasonable doubt, rules of evidence, including direct, indirect, admissible and inadmissible, and circumstantial
- Explain the attributes of a fair trial, including due process, natural justice and procedural fairness
- Analyse a recent, relevant or hypothetical criminal case to examine legal concepts and principles, including those relating to the presumption of innocence and burden of proof
- Analyse and apply defences on a range of criminal scenarios
- Select legal information and analyse the legal issues concerning court processes as experienced by different groups (e.g. women, youth, children, Aboriginal peoples and Torres Strait Islander peoples, migrants and those with a disability) that may create barriers to justice and equity or impede a right to a fair trial, including access to legal aid, bail and appeals by determining the nature and scope of the issue, examining viewpoints and consequences
- Evaluate the above legal situations by presenting alternatives to propose recommendations, justifying using legal criteria and discussing implications
- Analyse and evaluate legal issues where justice may be impeded during a criminal trial process (e.g. because of language, culture or capacity) by presenting alternatives, proposing recommendations, justifying recommendations using legal criteria and discussing implications
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses Criminal trial process
Topic 4: Punishment and sentencing
Unit 1: Beyond reasonable doubt > Topic 4: Punishment and sentencing
- Describe key terms using legal terminology, including concurrent and cumulative sentencing, custodial and non-custodial sentences, obiter dicta, ratio decidendi, customary law, deterrence, retribution, rehabilitation, incarceration, denunciation, prevention, restorative justice, and recidivism
- Describe the range of sentencing options, including fines, good behaviour bonds, probation, suspended sentences, community service orders, intensive correction orders and imprisonment
- Explain the principles that affect sentencing decisions in Part 2 of the Penalties and Sentences Act 1992 (Qld), including the purposes of punishment, the nature and gravity of the offence, current sentencing practices, the relevance of prior convictions, mitigating/aggravating circumstances, and the impact on the victim
- Analyse the principles of sentencing as they apply to scenarios to predict an outcome
- Evaluate, using legal criteria, the effectiveness of sentencing and punishment
- Select legal information, analyse legal issues about criminal justice, and evaluate legal situations involving punishments in Australian law and customary law, sentencing trends over time, the rates of incarceration of the general population compared to the number of Aboriginal peoples, Torres Strait Islander peoples and specific groups, e.g. women, children, people with disabilities, reasons for the rate of criminal reoffending by different groups within Australia, the appeals process where a sentence is not considered to be appropriate
- Analyse legal issues concerning the aim to reduce the rate of reoffending by determining the nature and scope of the issue, examining viewpoints and consequences
- Using the analysis (above), evaluate this legal situation by presenting alternatives to propose recommendations, justifying using legal criteria and discussing implications
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Unit 2: Balance of probabilities
Topic 1: Civil law foundations
Unit 2: Balance of probabilities > Topic 1: Civil law foundations
- Describe key terms using legal terminology, including precedent, ombudsman, balance of probabilities, burden of proof, plaintiff, defendant, tribunal, alternative dispute resolution, class action, counter claim, damages, and injunction
- Explain rights that are protected by civil law, and link these to obligations imposed by laws
- Explain sources of civil law, and the relationship between common law and statute
- Explain the doctrine of precedent
- Explain the civil jurisdiction and the court hierarchy for civil matters
- Compare civil and criminal actions, including pre-trial procedures and court processes
- Describe the different methods of resolving civil disputes, through judicial determination and alternative methods in courts, tribunals and independent bodies
- Explain and compare forms of alternative dispute resolution
- Explain and compare the role of dispute resolution processes and structures, including tribunals and ombudsmen, and restorative justice, e.g. the financial ombudsman and telecommunications ombudsman
- Distinguish the role of civil courts from the criminal system, including key roles and persons, civil trial procedure, and burden of proof and standard of proof
- Explain the objectives of the Civil Dispute Resolution Act 2011 (Cth) and discuss its role with respect to Part 6 of the Civil Proceedings Act 2011 (Qld)
- Explain the types of alternative dispute resolution processes, e.g. facilitative process, i.e. mediation; advisory process, i.e. conciliation; and determinative process, i.e. arbitration
- Explain the relationship between courts and alternative dispute resolution processes
- Analyse and evaluate equitable access to the civil justice system, and how personal, social or economic circumstances or background can present legal barriers for groups within society
- Select legal information and analyse legal issues concerning a civil issue taken to an independent authority, e.g. the Queensland Civil and Administrative Tribunal (QCAT), Administrative Appeals Tribunal (AAT) or Ombudsman) by determining the nature and scope of the issue, examining viewpoints and consequences
- Evaluate the above legal situations by presenting alternatives to make a decision or propose recommendations, justifying using legal criteria and discussing implications
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Topic 2: Contractual obligations
Unit 2: Balance of probabilities > Topic 2: Contractual obligations
- Describe key terms using legal terminology, including warranties, conditions, terms, clause, exemption clauses, valid, void, illegal, ratification, repudiation, necessaries, and caveat emptor
- Describe the elements of a legal contract using examples or cases and legal terminology, including agreement (certainty), offer and acceptance, intention, consideration, mutuality, capacity, formalities, and breach of contract
- Explain the need for contract law, and why consumer protection provisions are needed in addition to the general law of contract
- Explain the role of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) in providing consumer protection
- Explain legal defences available to the defendant (and consumers), and remedies available to the plaintiff, including statutory protection
- Analyse and apply the elements of a valid contract and precedents to determine legal outcomes of contractual disagreements
- Analyse and apply situations where contracts may be terminated through performance, agreement, breach, frustration, and/or illegality, e.g. employment contract, a housing purchase or rental agreement, and consumer contract
- Analyse the role of the Australian Competition & Consumer Commission (ACCC) in consumer contractual arrangements and the viewpoints of involved stakeholders
- Analyse and evaluate the mechanisms and avenues of dispute resolution using case studies, e.g. the housing industry (rental agreements) or the consumer industry (mobile phone contracts)
- Analyse and evaluate the ability of contract law to find acceptable balances between competing interests, and include a justification using legal criteria and a discussion of implications
- Select legal information, then analyse and evaluate to resolve a contract law issue
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Topic 3: Negligence and the duty of care
Unit 2: Balance of probabilities > Topic 3: Negligence and the duty of care
- Describe key terms using legal terminology, including proximity, causation, foreseeability, reasonableness, vicarious liability, assumption of risk, contributory negligence, omission, and remoteness
- Describe the elements of negligence, including duty of care, breach of duty of care, injury/damage and the effect of the Civil Liability Act 2003 (Qld) on those elements
- Explain the legal concept of ‘neighbour' through relevant case law, including Donoghue v. Stevenson [1932] AC 562
- Explain defences available to the defendant and remedies available to a plaintiff in a civil negligence action
- Analyse and apply the elements and precedents to evaluate legal outcomes in civil negligence scenarios
- Select legal information and data to analyse the extent to which Australians seek legal action, including patterns and trends over time and barriers experienced by socioeconomic and other groups with respect to negligence issues
- Analyse and evaluate the ability of the law of negligence to find just and equitable outcomes for parties, then justify using legal criteria and discuss implications
- Select legal information, then analyse and evaluate the effectiveness of negligence laws in contemporary contexts
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Unit 3: Law, governance and change
Topic 1: Governance in Australia
Unit 3: Law, governance and change > Topic 1: Governance in Australia
- Describe key terms using legal terminology, including democracy, the rule of law, representative government, responsible government, the Australian Constitution, separation of powers doctrine, referendum, double dissolution, joint sitting, unicameral and bicameral, and bureaucratic procedures
- Describe key features of the Australian Constitution, e.g. s 51, s 109, s 128
- Describe division of powers
- Describe role of the High Court of Australia (HCA)
- Analyse and apply features of the Australian Constitution, e.g. challenges of changing the Australian Constitution, using past referenda as examples, separation of powers and the importance of an independent judicial system, role of s 51 of the Australian Constitution, and residual powers with reference to current and/or landmark cases, e.g. the Tasmanian Dam Case (Commonwealth v. Tasmania (1983) 158 CLR 1)
- Describe the structure and function of the three levels of government in Australia
- Describe concepts of representative and responsible government
- Describe accountability of parliament and the rule of law
- Explain the role of the Crown (Governor-General, state Governors and territory Administrators), and the upper and lower houses of parliament
- Explain the differing legislative powers of federal and state parliaments under the Constitution, e.g. in the areas of health, education, immigration or the environment
- Explain the implications of the unicameral parliament in Queensland
- Explain the implications of single majority, double majority and minority governments
- Explain the function of parliament as a law-making body and describe the legislative process
- Explain and analyse the strengths and weaknesses of parliament as a law-making body
- Describe and explain the relationship between legislation and case law
- Describe and explain the relationship of specialist courts and tribunals with state and federal jurisdictions
- Describe and explain role of landmark court decisions in influencing legal change or law reform,
- Analyse legal issues by determining the nature and scope of the issue, examining viewpoints and consequences
- Evaluate the legal situation using the analysis (above) by presenting alternatives to make a decision or propose recommendations, justifying using legal criteria and discussing implications
- Analyse and evaluate the role of courts in law-making through the interpretation of statutes and the development of legal principles through the application of the doctrine of precedent, e.g. Donoghue v. Stevenson [1932] AC 562 and Carlill v. Carbolic Smoke Ball Co [1893] 1 QB 256
- Analyse and evaluate the ability of the Australian legal system to achieve just and equitable outcomes in a range of real-life situations, e.g., the division of powers, the role of the Senate, constitutional protection of rights, and the separation of powers
- Analyse and evaluate the accountability of government, e.g. The Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (Fitzgerald Inquiry 1987–1989)
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Topic 2: Law reform within a dynamic society
Unit 3: Law, governance and change > Topic 2: Law reform within a dynamic society
- Describe key terms using legal terminology, including commissions, inquiries, law reform, lobby, advocacy, utilitarianism, terms of reference, consultations, issues papers, and submissions
- Describe why laws and related processes require change because of a range of impetus,
- Explain the role of the law reform commissions, and examine the guiding criteria of making laws and related processes more equitable, modern, fair and efficient
- Explain the role of parliamentary inquiries
- Explain the role of coronial inquests, e.g. Gabe Watson (the ‘Honeymoon Killer')
- Explain the role of specialist task force, e.g. Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland Report (2015)
- Explain the role of the Australian Institute of Criminology in communicating patterns and costs of crimes and how this can influence law reform
- Select legal information and analyse the challenges to law reform, e.g. social divisions, government budgetary constraints, political pressures, the ‘nanny state' and other barriers to legal change and evaluate possible alternatives to propose recommendations
- Select legal information and analyse legal issues then evaluate the situation to propose recommendations. The issue must be current, e.g. domestic and family violence, elder abuse, consumer fraud, defamation, privacy, cybercrime and forensics
- Select legal information, analyse and evaluate legal issues to propose recommendations (e.g. specific new legislation) that improve outcomes for those affected by the Australian or Queensland legal system, justify using legal criteria and discuss implications
- Create responses that communicate meaning to suit the intended purpose in paragraphs and extended responses
Unit 4: Human rights in legal contexts
view_agenda query_statsTopic 1: Human rights
view_agenda query_statsUnit 4: Human rights in legal contexts > Topic 1: Human rights
- Describe key terms using legal terminology, including human rights, covenants, treaties, states, sovereignty, signatory treaty, convention, multilateral, bilateral, ratification, bill of rights, and royal commission
- Describe the main features of international law developed from the International Bill of Human Rights, consisting of the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR)
- Describe the main features of principal treaties, including the Convention Relating to the Status of Refugees 1951 and the Protocol Relating to the Status of Refugees 1967, International Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD), Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW), Convention on the Rights of the Child 1991
- Explain the process by which treaty obligations translate into domestic law through accession or ratification, the role of reservations, and the effect of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)
- Explain the rights of states (sovereignty, equality, political independence and territorial integrity), including Articles 2.1, 2.4 and 2.7 of the United Nations Charter
- Explain the role of the UN, its agencies and other organisations, including the United Nations High Commissioner for Refugees
- Describe key human rights initiated or promoted in the following important legal documents Magna Carta 1215, Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth)
- Describe and explain the role of the Australian Constitution (including the foreign affairs power within s 51) in protecting express and implied human rights in Australia
Topic 2: The effectiveness of international law
view_agenda query_statsUnit 4: Human rights in legal contexts > Topic 2: The effectiveness of international law
- Explain how human rights are monitored, including the reporting system, United Nations Special Rapporteurs, inter-State complaints, ancillary bodies and individuals
- Explain the role of international legal institutions in upholding rights, including those within the International Court of Justice (ICJ) and the International Criminal Court (ICC)
- Examine the legal implications of becoming a signatory to various internationally recognised treaties and conventions related to the protection of global citizens and property, e.g. Universal Declaration of Human Rights 1948, Protocol Relating to the Status of Refugees 1967, Hague Convention on the Civil Aspects of International Child Abduction 1980 (the ‘Hague Abduction Convention'), United Nations Declaration on the Rights of Indigenous Peoples 2006, Geneva Conventions 1949 and The Hague Conventions of 1899 and 1907
- Select legal information, then analyse and evaluate the present effectiveness of international law and legal institutions in protecting human rights, focusing on a contemporary legal issue, e.g. Universal Declaration of Human Rights 1948, Convention Relating to the Status of Refugees 1951, Hague Convention on the Civil Aspects of International Child Abduction 1980 (the ‘Hague Abduction Convention'), United Nations Declaration on the Rights of Indigenous Peoples 2006, Geneva Conventions 1949 and The Hague Conventions of 1899 and 1907, International Court of Justice (ICJ), International Criminal Court (ICC)
- Create responses that communicate meaning to suit the intended purpose in paragraphs and argumentative essay responses
Topic 3: Human rights in Australian contexts
view_agenda query_statsUnit 4: Human rights in legal contexts > Topic 3: Human rights in Australian contexts
- Explain and analyse the rights that Australians have in criminal and civil contexts, including the role of express and implied rights in ensuring equality under the law, e.g. right to free speech, right to protest and the freedom of assembly, freedom from discrimination, right to democratic representation, freedom of religion, right to trial by jury
- Explain the legal processes available to citizens for resolving human rights complaints in Australia, including protesting, lobbying, lodging complaints, tribunal/court actions
- Explain and analyse the role of the following groups in protecting and/or advocating for human rights in Australia; Australian Human Rights Commission, Australian Law Reform Commission, and state and territory Law Reform bodies, the courts, Queensland Council for Civil Liberties, Australian Human Rights Centre, Australian Lawyers for Human Rights, special interest groups, e.g. Amnesty International, church groups, International Federation of Red Cross and Red Crescent Societies (IFRC), the media
- Analyse and apply human rights principles to a variety of Queensland and/or Australian case studies by determining the nature and scope of the issue, examining viewpoints and consequences
- Evaluate the legal situation using the analysis (above) by presenting alternatives to make a decision or propose recommendations, justifying using legal criteria and discussing implications
- Analyse and evaluate legal issues to resolve or improve human rights in Australia and Queensland