Accreditation period Units 1-4: 2024-2028
Developing a program
The VCE Legal Studies Study Design outlines the nature and sequence of learning and teaching necessary for students to demonstrate achievement of the outcomes for a unit. The areas of study describe the specific knowledge and skills required to demonstrate a specific outcome. Teachers are required to develop a program for their students that meets the requirements of the study design including: areas of study, outcome statements, key knowledge and key skills.
This study develops students’ understanding of how the legal system and laws operate in Australia and Victoria. During Units 1 and 2 students examine the legal system and how Australians are both protected by and subject to various criminal and civil laws. Unit 3 involves deeper consideration of how Victorians engage with both the criminal and civil justice systems. Unit 4 has a focus on student development of critical understanding about how laws are made in Australia and how citizens participate in the creation of laws through parliamentary representation, courts and referenda. Unit 4 examines the requirement for law reform and how legal reforms can occur in Australia, including through constitutional reform.
Students should be provided with the opportunity to develop and use effective methods of legal inquiry and research throughout the study Units 1 to 4. Teachers should aim to facilitate learning through development of programs that enable students to demonstrate their learning and the application of legal reasoning to real and/or hypothetical scenarios. Use of relevant cases and legislation will reinforce student understanding of the theory through its application to practical examples. Teachers are encouraged to simulate realistic legal tasks, such as mock trials, parliamentary role-plays, and client interview activities, and incorporate these into the teaching and learning activities.
The Australian legal system aims to provide justice through fairness, equality and access for all citizens. The ability of the Victorian legal system to achieve these principles of justice is considered throughout Units 1, 2 and 3.
The study design provides definitions of the principles of justice within the scope of study as being:
- fairness: all people can participate in the justice system and its processes should be impartial and open.
- equality: all people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.
- access: all people should be able to engage with the justice system and its processes on an informed basis.
The definitions of the principles of justice are broad in scope, thus allowing for flexibility and nuance in how they are applied. It is possible for key knowledge to relate to more than one principle of justice. The overlapping nature of the principles of justice, particularly fairness and equality, can sometimes create difficulty in distinguishing one from the other(s). Students should use appropriate synonyms and examples to assist in identification of which principles of justice are being used and applied. Some possible examples for the principles of justice include:
- Fairness: The Australian criminal justice system uses an impartial judge and jury as a means to promote fairness. Impartiality is assured through requirement that jurors have no prior knowledge of or connection to the parties in a trial. Conversely, jury members are sometimes caught researching their own information about the case, raising doubts about the impartiality of some jurors. Additionally, both criminal and civil trials are open to the public and media, enhancing fairness by allowing scrutiny of the court’s actions and ensuring that people are treated impartially.
- Equality: All parties in a civil trial receive the same treatment in the sense that everyone is equally entitled to legal representation. Where financial disparity between parties might create disadvantage (such as one party being unable to afford legal representation), the legal system provides adequate measures to reduce that inequality. For example, by providing lower cost avenues for dispute resolution through institutions such as the Victorian Civil and Administrative Tribunal.
- Access: When people are well informed of their rights they are better able to engage with or make use of the legal system, and access to justice is significantly enhanced. Conversely, lack of financial resources, limited knowledge of the legal system, language barriers, and physical remoteness from legal services are some examples of factors that can limit a person’s ability to access the legal system.
The study design designates that for some key knowledge ‘recent’ examples must be studied. For the purposes of this study ‘recent’ is defined as being within the past four years. The particular case study, reform or recommendation studied may have originated more than four years previous to the current year. However, some type of change, appeal or legal discussion must have occurred, or a new aspect of the particular example must have occurred, which can be cited. For example, a reform or recommendation proposed more than four years ago may be used if there has been recent discussion (within the past four years) about it in the media.
| Area of study | Suggested time allocation (hours) |
|---|
1. Legal foundations | 12 hours |
2. Proving guilt | 20 hours |
3. Sanctions | 18 hours |
| Unit 1: Area of Study 1 | Unit 1: Area of Study 2 | Unit 1: Area of Study 3 |
|---|
Term 1 Week 1
Social Cohesion
Principles of Justice |
Term 1 Week 4
Purposes and Key Concepts of Criminal Law |
Term 1 Week 10
Principles of Justice |
Term 1 Week 2
Characteristics of Effective Law
Parliament and Court in Law Making |
Term 1 Week 5
Types of Crime |
Term 2 Week 1
Institutions enforcing criminal law
Police powers and individual rights |
Term 1 Week 3–4
Sources of Law
Distinction between criminal and civil law |
Term 1 Week 6
First Criminal Offence |
Term 2 Week 2
Court Jurisdiction
The role of the jury |
|
Term 1 Week 7
First Criminal Offence |
Term 2 Week 3
Difficulties faced by different groups in the criminal justice system |
|
Term 1 Week 8
Second Criminal Offence |
Term 2 Week 4
Purposes of Sanctions
Types of Sanctions |
|
Term 1 Week 9
Second Criminal Offence |
Term 2 Week 5
Alternative approaches to sentencing
Sentencing practices in other jurisdictions |
| |
Term 2 Week 6
Exam Revision |
| |
Term 2 Week 7
Unit 1 Exams |
| |
Term 2 Week 8
Unit 2 commences |
| Area of study | Suggested time allocation (hours) |
|---|
1. Civil liability | 20 hours |
2. Remedies | 18 hours |
3. Human rights | 12 hours |
| Unit 2: Area of Study 1 | Unit 2: Area of Study 2 | Unit 2: Area of Study 3 |
|---|
Term 2 Week 8
Purposes and types of civil law |
Term 3 Week 5
Dispute resolution methods |
Term 4 Week 1–2
Development of human rights
Protection of human rights in Australia |
Term 2 Week 9
Key concepts of civil law |
Term 3 Week 6
Tribunals, ombudsmen, complaints bodies |
Term 4 Week 3–4
Investigation of one human rights issue in Australia |
Term 2 Week 10
Key concepts of civil law
Plaintiffs and defendants |
Term 3 Week 7
Civil jurisdiction
Role of the jury |
Term 4 Week 5
Revision |
Term 3 Week 1–2
Civil law: Area 1 |
Term 3 Week 8–9
Difficulties faced by different groups in the civil justice system |
Term 4 Week 6
Unit 2 Assessment |
Term 3 Week 3–4
Civil law: Area 2 |
Term 3 Week 10
Purposes and types of remedies | |
| Area of study | Suggested time allocation (hours) |
|---|
1. The Victorian criminal justice system | 25 hours |
2. The Victorian civil justice system | 25 hours |
| Unit 3: Area of Study 1 | Unit 3: Area of Study 2 |
|---|
Term 1 Week 1
Key concepts |
Term 1 Week 8
Key concepts |
Term 1 Week 2
Principles of justice
Role of VLA and CLCs |
Term 1 Week 9
Principles of justice
Methods of dispute resolution |
Term 1 Week 3
Plea negotiations
Reasons for court hierarchy |
Term 1 Week 10
Reasons for court hierarchy
Key personnel in a civil dispute |
Term 1 Week 4
Key personnel in a criminal case
The need for legal practitioners |
Term 2 Week 1
The need for legal practitioners
Class actions |
Term 1 Week 5
Impact of costs, time and cultural differences |
Term 2 Week 2
Institutions such as CAV and VCAT |
Term 1 Week 6
Sanctions and their purposes |
Term 2 Week 3
Impact of costs and time |
Term 1 Week 7
Factors considered in sentencing |
Term 2 Week 4
Remedies and their purposes |
|
Term 2 Week 5
Unit 4 commences |
| Area of study | Suggested time allocation (hours) |
|---|
1. The people and the law-makers | 30 hours |
2. The people and reform | 20 hours |
| Unit 4: Area of Study 1 | Unit 4: Area of Study 2 |
|---|
Term 2 Week 5
The Crown and Parliament in law-making |
Term 3 Week 5
Reasons for law reform |
Term 2 Week 6
Law-making powers of state and Commonwealth parliaments
Significance of section 109 |
Term 3 Week 6
Means of influencing law reform
Role of the media in law reform |
Term 2 Week 7
One High Court case which has had an impact on state and Commonwealth law-making powers |
Term 3 Week 7
Role of the VLRC in law reform |
Term 2 Week 8
Factors that affect the ability of parliament to make law |
Term 3 Week 8
Role of Royal Commissions or parliamentary committees in law reform |
Term 2 Week 9–10
The means by which the Constitution acts a check on parliament |
Term 3 Week 9
Reasons for constitutional reform
Double majority referendums
Factors affecting the success of a referendum |
Term 3 Week 1
Statutory interpretation
Features of precedent |
Term 3 Week 10
Significance of the 1967 referendum
Possible future constitutional reform |
Term 3 Week 2–3
Factors that affect the ability of courts to make law |
Term 4 Week 1–3
Revision |
Term 3 Week 4
Features of the relationship between courts and parliament | |
Aboriginal and Torres Strait Islander Perspectives in the VCE
On-demand video recordings, presented with the Victorian Aboriginal Education Association Inc. (VAEAI) and the Department of Education (DE) Koorie Outcomes Division, for VCE teachers and leaders as part of the Aboriginal and Torres Strait Islander Perspectives in the VCE webinar program held in 2023.
The VCE Legal Studies study provides students with the opportunity to engage in a range of learning activities. In addition to demonstrating their understanding and mastery of the content and skills specific to the study, students may also develop employability skills through their learning activities.
The nationally agreed employability skills* are: Communication; Planning and organising; Teamwork; Problem solving; Self-management; Initiative and enterprise; Technology; and Learning.
The table links those facets that may be understood and applied in a school or non-employment-related setting to the types of assessment commonly undertaken in the VCE study.
| Assessment task | Employability skills selected facets |
|---|
A multimedia presentation |
Communication: Speaking clearly and directly, persuading effectively, sharing information, addressing the needs of the audience, using numeracy to communicate
Planning and organisation: Collection, analysis and organisation of relevant information and data
Self-management: Articulation of ideas and vision; evaluation and monitoring of personal performance
Technology: Use of ICT to organise and communicate data |
A case study |
Communication: Reading independently, sharing information, addressing the needs of an audience
Analysis: Breaking down and applying relevant evidence to a legal issue; making informed judgements and conclusions
Planning and organisation: Collection, analysis and organisation of relevant information and data
Learning: Managing personal learning, enthusiasm for ongoing learning, recognition of the connection of legal knowledge to the broader community |
An essay |
Communication: Sharing of information, addressing the needs of an audience, using effective persuasion techniques
Analysis: Breaking down and applying relevant evidence related to a legal issue to make informed judgements and conclusions
Planning and organisation: Collection, analysis and organisation of relevant information and data
Self-management: Articulation of ideas and vision; evaluation and monitoring of personal performance
Learning: Managing personal learning, enthusiasm for ongoing learning, recognition of the connection of legal knowledge to the broader community |
A report |
Communication: Sharing of information, reading independently, addressing the needs of the target audience, using effective persuasion
Analysis: Breaking down and applying relevant evidence to make informed judgements and conclusions
Planning and organisation: Selection of relevant resource materials, effective time management; collection, analysis and organisation of information and data
Self-management: Evaluation and monitoring of personal performance, assumption of personal responsibility to meet deadlines
Learning: Managing personal learning, enthusiasm for ongoing learning, recognition of the connection of legal knowledge to the broader community |
|
Short-answer questions |
Communication: Sharing of information, addressing the needs of an audience, understanding requirements of ‘command’ words and prompts
Planning and organisation: Collection, analysis and organisation of relevant information
Learning: Managing personal learning |
|
An extended response |
Communication: Reading independently, addressing the needs of an audience; persuading effectively
Analysing: Making judgements about accuracy and worth of information, identifying relevant evidence
Planning and organisation: Collection, analysis organisation and accurate citation of relevant information |
*The employability skills are derived from the Employability Skills Framework (Employability Skills for the Future, 2002), developed by the Australian Chamber of Commerce and Industry and the Business Council of Australia, and published by the (former) Commonwealth Department of Education, Science and Training.
Implementation videos
VCE Legal Studies (2024-2028) implementation videos
Online video presentations which provide teachers with information about the new VCE Legal Studies Study Design for implementation in 2024.