Studying online

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Unit Overview

Description

The ageing population represents challenges to policy and lawmakers. How can we provide for, support and protect our senior citizens and ensure they are not excluded or discriminated against in our society? The unit examines the ways in which the law impacts on seniors. In one respect, it can be argued that all law is relevant to seniors in the same way as it is relevant to other members of the population. Yet, some areas (retirement villages, retirement and income planning, certain health issues) are often quintessentially about seniors and other areas (capacity, inheritance, exploitation of dependent persons, and ending of life issues) take on a particular hue when considered in the context of older persons. The unit commences with an examination of where 'seniors and the law' fits within the legal paradigm and considers the professional and ethical considerations when representing seniors. The unit continues by examining several pertinent issues impacting on seniors and the law, being—capacity and consent, guardianship and decision making, elder abuse, health, housing, financial planning and succession, age discrimination and seniors in the workplace. The unit presents students with the opportunity to consider legal, policy and practical issues relevant to an ageing Australia.

Credit
6 points
Outcomes

Students are able to (1) demonstrate an ability to (a) identify, discuss and critically evaluate key issues affecting seniors and how the law addresses these issues; and (b) consider the broader social, economic, ethical and political context in which the law relating to seniors develops; (2) demonstrate (a) an appreciation of the ethical issues that arise in working with senior members of society; (b) an awareness of the opportunities for manipulation and deception which may affect seniors' decision making in relation to financial and lifestyle matters; and (c) an appreciation of the responsibilities and ethical obligations of lawyers when representing seniors, their families and other interested parties; and (3) demonstrate the ability to (a) recognise the enabling and protective roles of law and how tensions between these roles are addressed in the law and its application to seniors; (b) synthesise and apply laws of broad application (e.g. contract law, property law, discrimination law and health law) as well of laws of specific application (e.g. aged care entitlements and pension entitlements); (c) assess the impact of these laws upon seniors; (d) critically reflect upon strengths and shortcomings in the law and the ability of the legal system to address seniors' legal issues; and (e) make recommendations for law reform and policy changes in matters affecting seniors.

Assessment

Students demonstrate achievement of the outcomes in a variety of assessment methods which may include class participation, written assignments, tests, presentations and examinations. Details of assessment are advised in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Professor Eileen Webb
Unit rules
Prerequisites
for Juris Doctor students: LAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
Co-requisites
LAWS5103 Equity and Trusts
Contact hours
3 hours per week
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.