• 7. Law Rules

    Note: For the convenience of students and staff, the course code is recorded against the title of each course. This information, however, does not form part of the rules.

    Rules approved up to May 2014.

    Definitions

    Unless the context suggests otherwise—

    a core unit means a unit which is a compulsory unit in a course;

    an option means a unit chosen from among a range of given options;

    an elective means a unit which a student may choose freely from among the units available in the University subject to the rules for the unit concerned and to any Faculty rule that governs the number of points that must or may be counted towards the degree from units of a particular level;

    the level of a unit indicates the amount of prior knowledge or maturity of learning required to study it successfully;

    the Faculty includes a body or person to whom the Faculty has delegated responsibility for a function covered by the rule concerned.

    • Law Rules for undergraduate courses
      • 7.1 Rescinded
      • 7.2 Bachelor's degrees
        • 7.2.1 Faculty general provisions for bachelor's degrees
          Academic Conduct Essentials module

          7.2.1.1(1) Except as stated in (2), a student who enrols in a course of the University for the first time, irrespective of whether they have previously been enrolled in another course of the University, must undertake a module called Academic Conduct Essentials (the ACE module) in the teaching period in which they are first enrolled.

          (2) A student who has previously achieved a result of Ungraded Pass (UP) for the ACE module is not required to repeat the module.

          (3) A student who has not achieved a result of Ungraded Pass (UP) for the ACE module when their progress is assessed will not have made satisfactory progress even if they have met the other requirements for satisfactory progress in the rules for the course.

          (4) A student who fails to make satisfactory progress in terms of (3) is assigned a progress status of 'On Probation' unless they have been assigned a progress status of 'Suspended' or 'Excluded' for failure to meet the other requirements for satisfactory progress set out in the rules for the course.

        • 7.2.2 Bachelor of Laws pass and honours degree Only available to re-enrolling students.

          Note: The following courses are only available to re-enrolling students.

          Applicability of the Student Rules, policies and procedures

          7.2.2.1 (1) The Student Rules apply to students in this course.

          (2) The policy, policy statements and guidance documents and student procedures apply, except as otherwise indicated in the rules for this course.

          Pass degree
          Courses available

          7.2.2.2 There are the following courses for the Bachelor of Laws degree—

          the combined courses containing a Bachelor of Laws component which are set out in the Combined Courses section of this handbook

          the course for graduates (pre-2004: 2014, post-2004: 21190)

          the single degree course for undergraduates (pre-2004: 2013, post-2004: 21180)

          Admission

          7.2.2.3(1) Students are admitted to one of the courses for the Bachelor of Laws in accordance with the University’s undergraduate admission policy and with the Bachelor of Laws selection policy.

          (2) The Bachelor of Laws selection policy provides for applicants eligible for Advanced Standing in Law, to be admitted in one of the following categories:

          Group B—graduates

          Group C—undergraduates

          (3) Group B applicants who are offered and accept a place must enrol in the course for graduates (21190) as set out in Rule 7.2.2.4.

          (4) Group C applicants who are offered and accept a place must enrol in the course for undergraduates (21180) as set out in Rule 7.2.2.5.

          (5) Students who are permitted to transfer from a combined course into a single degree course for the Bachelor of Laws must enrol in the single degree course for undergraduates (21180) as set out in Rule 7.2.2.5.

          Course structure
          Course for graduates (pre-2004: 2014, post-2004: 21190)

          7.2.2.4 The course for graduates consists of units to a total value of 180 points comprising—

          (a) all units in Table 7.2.2a (Bachelor of Laws core units)—126 points

          and

          (b) units to the value of 54 points from Groups A and B in Table 7.2.2b (Bachelor of Laws options), including at least one unit from Group B.

          Note: From 2011, the former requirement to complete LAWS4030 and LAWS4033 will be satisfied by completing LAWS4030 Commercial Practice and LAWS4404 Legal Theory and Ethics as set out in Table 7.2.2a (Bachelor of Laws core units).

          Single degree course for undergraduates (pre-2004: 2013, post-2004: 21180)

          7.2.2.5(1) The single degree course for undergraduates consists of units to a total value of 198 points comprising—

          (a) all units in Table 7.2.2a (Bachelor of Laws core units)—126 points

          and

          (b) units to the value of 72 points from Groups A and B in Table 7.2.2b (Bachelor of Laws options), including units to the value of at least 6 points from Group B.

          (2) Students are permitted to substitute one non-Law unit to a value of six points for one option to the same value from Table 7.2.2b (Bachelor of Laws options).

          Note: From 2011, the former requirement to complete LAWS4030 and LAWS4033 will be satisfied by completing LAWS4030 Commercial Practice and LAWS4404 Legal Theory and Ethics as set out in Table 7.2.2a (Bachelor of Laws core units).

          Overloads

          7.2.2.6 The Faculty’s policy on overloads, which is available from the Faculty Administrative Officer and on the Faculty’s website, applies.

          Credit

          7.2.2.7 The Faculty will only grant credit for previously completed Law units taken as part of a recognised Law course.

          7.2.2.8 Rescinded

          Satisfactory progress

          7.2.2.8A To make satisfactory progress in a calendar year a student must pass units to a value of at least half the total value of units in which they remain enrolled after the final date for withdrawal with academic penalty.

          Progress status

          7.2.2.9(1) Students who have made satisfactory progress are assigned the progress status of ‘Good Standing’.

          (2) Unless the Board of Examiners determines otherwise in light of exceptional circumstances, students who fail to make satisfactory progress for the first time are assigned the progress status of ‘Suspended’.

          (3) Rescinded

          (4) Students who have failed to make satisfactory progress in any year and are permitted to re-enrol the following year are assigned the progress status of ‘On Probation’.

          (5) Students who fail to make satisfactory progress for the second time are assigned the progress status of ‘Excluded’.

          (6) Rescinded

          Award of degree with distinction

          7.2.2.10(1) The Faculty awards the degree with distinction to students who complete the coursework requirements of the degree with an average mark of 70 per cent or more.

          (2) A student who is awarded the degree with honours under Rule 7.2.2.12 is not eligible for the award of the degree with distinction.

          Honours degree
          Eligibility

          7.2.2.11(1) To be considered for the award of honours, students must have completed LAWS4345 Supervised Research II Part 1 and LAWS4346 Supervised Research II Part 2.

          (2) Students are not permitted to enrol in LAWS4345 Supervised Research II Part 1 or LAWS4346 Supervised Research II Part 2 without having received an invitation from the Chair of the Honours Committee.

          (3) The Chair of the Honours Committee may invite students who have completed one of the following to a sufficiently high standard to enrol in LAWS4345 Supervised Research II Part 1 and LAWS4346 Supervised Research II Part 2 in lieu of options of equivalent points value—

          either

          (a) units to the value of 144 points completed as part of a combined course and including units from the Bachelor of Laws component to a value of at least 132 points;

          or

          (b) units to the value of 114 points in the course for graduates;

          or

          (c) units to the value of 144 points in the single degree course for non-graduates.

          (4) The Honours Committee may also invite to enrol in LAWS4345 Supervised Research II Part 1 and LAWS4346 Supervised Research II Part 2 students who—

          (a) have completed fewer units than those set out in (3) but sufficient units to permit them, in the opinion of the Chair of the Honours Committee, to complete the course within three further consecutive semesters of study; and

          (b) have notified the Chair of the Honours Committee of their intention to complete the course within the period specified in (a).

          Award of degree with honours

          7.2.2.12 The Faculty determines whether the degree is to be awarded with honours and, if so, the class of honours to be awarded, on the basis of the standard of work completed for LAWS4345 Supervised Research II Part 1 and LAWS4346 Supervised Research II Part 2 and work completed throughout the entire course.

          Award of pass degree

          7.2.2.13 A student who has completed LAWS4345 Supervised Research II Part 1 and LAWS4346 Supervised Research II Part 2 and all other requirements for the Bachelor of Laws and is not awarded the degree with honours is awarded the pass degree.

          • Table 7.2.2a—Bachelor of Laws core units
            Key to availability of units:
            S1 = Semester 1; S2 = Semester 2; SS = Summer teaching period;
            T1 = Trimester 1; T2 = Trimester 2; T3 = Trimester 3;
            NS = non-standard teaching period; OS = offshore teaching period;
            N/A = not available in 2019; * = to be advised

            Note: The unit availability does not form part of the rules and may be subject to change.

            All units have a value of six points unless otherwise stated.

            Level 1
            AvailabilityUnit codeUnit name
            LAWS1101Contract I 1
            LAWS1102Contract II 1
            LAWS1105Criminal Law I 1
            LAWS1106Criminal Law II 1
            LAWS1107Torts I 1
            LAWS1108Torts II 1
            LAWS1130Legal Process 1
            Level 2
            AvailabilityUnit codeUnit name
            LAWS2202 Equity 1
            LAWS2203 Trusts 1
            LAWS2204 Property I 1
            LAWS2205 Property II 1
            LAWS3310Evidence
            LAWS3322Corporations Law
            LAWS3385Administrative Law I 1
            LAWS3386Administrative Law II 1
            LAWS4021Procedure Part 1 2
            LAWS4022Procedure Part 2 2
            LAWS4030Commercial Practice
            LAWS4400Constitutional Law I 1
            LAWS4401Constitutional Law II 1
            LAWS4404Legal Theory and Ethics

            1 This unit is no longer available.

            2 Parts 1 and 2 must be completed to fulfil the requirements of the unit, and completed in the same calendar year.

          • Table 7.2.2b—Bachelor of Laws options
            Key to availability of units:
            S1 = Semester 1; S2 = Semester 2; SS = Summer teaching period;
            T1 = Trimester 1; T2 = Trimester 2; T3 = Trimester 3;
            NS = non-standard teaching period; OS = offshore teaching period;
            N/A = not available in 2019; * = to be advised

            Note: The unit availability does not form part of the rules and may be subject to change.

            All units have a value of six points unless otherwise stated.

            Group A
            AvailabilityUnit codeUnit name
            LAWS2209Advanced Torts Law
            LAWS3302Environmental Law
            LAWS3303Corporate Finance and Securities Regulation
            LAWS3307International Commercial Arbitration
            LAWS3312Corporate Insolvency
            LAWS3313Legal Issues for Not-for-profit Entities
            LAWS3319International Trade Law
            LAWS3320Legislation in Practice
            LAWS3321Workplace Relations Law 1
            LAWS3326Misleading and Deceptive Conduct 1
            LAWS3327Advanced Evidence and Proof
            LAWS3332Succession
            LAWS3336Negotiation and Mediation
            LAWS3338Introduction to Intellectual Property
            LAWS3339Intellectual Property: Creative Rights
            LAWS3340Conflict of Laws
            LAWS3345Current Issues in Consumer Law and Policy 1
            LAWS3347Supervised Research I
            LAWS3348Remedies 1
            LAWS3351Advanced Constitutional Law 1
            LAWS3352Company Management and Control 1
            LAWS3355Personal Property
            LAWS3356Law Review Part 1 (3 points)
            LAWS3357Law Review Part 2 (3 points)
            LAWS3360Employment Law
            LAWS3362Income Taxation Law
            LAWS3363Taxation of Business Enterprises and Foreign Income
            LAWS3364Criminal Procedure: the Trial Process
            LAWS3365Alternative Dispute Resolution
            LAWS3366Forensic Advocacy
            LAWS3367Natural Resources Law 1
            LAWS3369Media and Communications Law 1
            LAWS3370Consumer Law
            LAWS3371Mining and Energy Law
            LAWS3373Banking Law 1
            LAWS3375Competition Law
            LAWS3376Introduction to Family Law
            LAWS3377Advanced Family Law
            LAWS3378Government Accountability—Law and Practice
            LAWS3380Land Development Law 1
            LAWS3381Agency, Partnerships and Joint Ventures 1
            LAWS3383Insurance Law
            LAWS3390Securities 1
            LAWS3392Unjust Enrichment and Restitution
            Group B
            AvailabilityUnit codeUnit name
            LAWS3304Human Rights and Equal Opportunity Law 1
            LAWS3314Legal History 1
            LAWS3315Selected Topics in Public International Law 1
            LAWS3318International Humanitarian and Refugee Law 1
            LAWS3324Medicine and the Law
            LAWS3331Comparative Law 1
            LAWS3391Special unit: Law and Religion 1
            LAWS3342Criminology I 1
            LAWS3343Criminology II 1
            LAWS3346Jessup International Moot Competition (12 points)
            LAWS3354Public International Law
            LAWS3358Indigenous Peoples and the Law
            LAWS3368Feminist Analysis of Law 1
            LAWS4345Supervised Research II Part 1 2
            LAWS4346Supervised Research II Part 2 2
            LAWS4420Jurisprudence 1
            LAWS4430Law and Contemporary Social Issues 1

            1 This unit is no longer available.

            2 This unit is for honours students only. Both parts 1 and 2 must be completed to fulfil the requirements of the unit.

      • 7.3 Undergraduate diplomas

        Currently there are no undergraduate diplomas offered by this Faculty.

    • Law Rules for postgraduate courses

      Courses marked with an asterisk (*) are only available to re-enrolling students.

      • Master of Public Administration (by coursework) (20570) Only available to re-enrolling students.

        Note: This course is only available to re-enrolling students.

        Applicability of the Student Rules, policies and procedures

        1.(1) The Student Rules apply to students in this course.

        (2) The policy, policy statements and guidance documents and student procedures apply, except as otherwise indicated in the rules for this course.

        Academic Conduct Essentials module

        1.A(1) Except as stated in (2), a student who enrols in this course for the first time irrespective of whether they have previously been enrolled in another course of the University, must undertake the Academic Conduct Essentials module (the ACE module).

        (2) A student who has previously achieved a result of Ungraded Pass (UP) for the ACE module is not required to repeat the module.

        (3) A student who has not achieved a result of Ungraded Pass (UP) for the ACE module when their progress status is assessed will not have made satisfactory progress even if they have met the other requirements for satisfactory progress in the rules for this course.

        (4) A student who does not make satisfactory progress in terms of (3) is assigned the progress status of 'On Probation'.

        Admission

        2. To be considered for admission to this course an applicant must have—

        (a) a bachelor's degree of this University, or equivalent as recognised by the Faculty;

        and

        (b) at least 12 months' relevant work experience.

        Course structure

        3. The course consists of units to a total value of 72 to 78 points comprising—

        (a) units to a value of at least 30 points from Group A in Table a (Master of Public Administration options);

        and

        (b) units to make up the remaining number of points required for the course from Group B and Group C1 in Table a (Master of Public Administration options).

        1 Students are encouraged wherever possible to select an equal number of units from the units listed in each of Groups B and C in Table a (Master of Public Administration options).

        Variations to course structure

        4. In exceptional circumstances, the Faculty may permit or require variations to the course structure described in Rule 3 but a student must complete at least one unit at each of the participating universities.

        Credit

        5.(1) The Faculty may grant credit towards the course up to a total value of 36 points for studies completed within the previous five years.

        [Approved addition to University Policy]

        (2) Within the overall credit limit set out in (1), credit may be granted—

        (a) to a maximum of 36 points for relevant studies completed in postgraduate courses at a recognised tertiary institution;

        (b) to a maximum of 16 points for units completed through Continuing Education at this University.

        [Approved exception to University Policy]

        (3) The Faculty may, in special circumstances, approve an extension to the five-year limitation on credit.

        Satisfactory progress

        6. To make satisfactory progress in a calendar year a student must pass units to a value of at least half the total value of units in which they remain enrolled after the final date for withdrawal with academic penalty.

        Progress status

        7.(1) Part-time students, or those commencing mid-year, in their first year of enrolment who fail to make satisfactory progress are assigned the progress status of 'On Probation' by the Faculty.

        (2) Students other than those covered by (1) who fail to make satisfactory progress are assigned the progress status of 'Excluded' unless the Faculty determines otherwise in light of exceptional circumstances.

        Award of degree with distinction

        8. To be awarded the degree with distinction a student must achieve a course weighted average mark (WAM) of at least 80 per cent in—

        (a) all units attempted as part of the course that are awarded a final percentage mark; and

        (b) all relevant units undertaken in articulating courses of this University that are awarded a final percentage mark.

        • Table a—Master of Public Administration options
          Key to availability of units:
          S1 = Semester 1; S2 = Semester 2; SS = Summer teaching period;
          T1 = Trimester 1; T2 = Trimester 2; T3 = Trimester 3;
          NS = non-standard teaching period; OS = offshore teaching period;
          N/A = not available in 2019; * = to be advised

          Note: The unit availability does not form part of the rules and may be subject to change.

          All units have a value of six points unless otherwise stated.

          Group A

          Where a unit in this group has an equivalent, it may be taken at either The University of Western Australia or Curtin University.

          AvailabilityUnit codeUnit name
          ENRL8550The Machinery of Government 500 1
          ENRL8551Public Policy Analysis and Design 500 1
          ENRL8552Markets and Government 500 (equivalent to ECON7405 Public Economics at UWA)
          ENRL8553Managing in the Public Sector 500 1
          ENRL8554Public Sector Communications 500 1
          ENRL8556Ethics, Public Values and Policy 500 1
          ENRL8557Work-based Project 500 1
          LAWS5505Regulation

          1 No equivalent UWA unit in 2015. Refer to the Curtin University handbook.

          Group B—The University of Western Australia options
          AvailabilityUnit codeUnit name
          S1EDUC5631Educational Research Design
          S1EDUC5658Globalising Education Policy
          S1HRMT5518Strategic Human Resource Management
          LAWS5324Medicine and the Law
          LAWS5534Indigenous Peoples and the Law
          LAWS5539Criminology, Criminal Law and Public Policy
          N/ALAWS5540Environmental Protection Law
          LAWS5543Measuring Crime and Monitoring the Administration of Criminal Justice
          LAWS5544Crime Prevention and Criminal Justice Policy
          LAWS5555Employee Relations Law
          LAWS5561Theories of Punishment and Principles of Sentencing
          T1, T3MGMT5501Organisational Behaviour
          NS, T3MGMT5570Organisational Change and Transformation
          S2INMT5620Management of Information Systems for Digital Transformation
          MGMT5623Leadership Effectiveness
          S2MKTG5505Marketing and Society
          S1PUBH5749Foundations of Public Health
          S2PUBH5752Health Systems and Economics
          NSPUBH5763Health Leadership and Management
          Group C—Curtin University options 1
          AvailabilityUnit codeUnit name
          ENRL8558Managerial Leadership 561
          ENRL8559Organisational Behaviour 550
          ENRL8560Accounting (Public Sector) 567
          ENRL8561Leadership in a Dynamic Global Environment 520
          ENRL8562Social Policy 501—Social Policy in Australia
          ENRL8563Social Policy 505—Theoretical Perspectives on Social Policy
          ENRL8564Social Policy 507—Economic Foundations of Social Policy
          ENRL8565Social Policy 602—Social Policy Practice
          ENRL8566International Health and Primary Health Care 600
          ENRL8567Economics (Public Finance) 568

          1 Refer to the Curtin University handbook for availability.

      • Professional doctorates
        Applicability of the Student Rules, policies and procedures

        The University Policy on: Professional Doctorates applies in this Faculty.