Developing a program

Teachers should use the study design and this advice to develop a teaching and learning program that includes appropriate learning activities that enable students to develop the knowledge and skills identified in the outcomes in each unit.

This study develops students’ understanding of how the legal system and laws operate in Australia and Victoria. Students examine the legal system and how they are both protected by and subject to various criminal and civil laws in Units 1 and 2. Unit 3 involves deeper consideration of how Victorians engage with the criminal and civil justice systems. The ability of laws and the Victorian legal system to achieve the principles of justice is examined throughout Units 1, 2 and 3. Unit 4 focuses on students developing a critical understanding of how laws are made in Australia, how citizens participate in the creation of laws through parliamentary representation, courts, and referendums. Unit 4 also examines the necessity for law reform and how legal reforms can come about in Australia.

Teachers should provide students with the opportunity to develop and use effective methods of legal inquiry and research throughout the study. The use of relevant cases and legislation will reinforce student understanding of theory through application of practical examples. Teachers should aim to facilitate learning through developing programs that enable students to demonstrate learning and apply legal reasoning to real or hypothetical scenarios. Assessments should be planned according to the key knowledge and key skills specific to an area of study.

The use of a range of assessment activities is encouraged. More than one assessment task can be used to assess satisfactory completion of each outcome in all of Units 1 to 4.

In Units 3 and 4 assessment is more structured. The types of assessment tasks that may be used to assess each outcome are listed. The contribution each outcome makes to the total score for school-assessed coursework is also stipulated.

The study design designates that ‘recent’ / contemporary examples must be studied. For the purposes of this study “recent” is defined as being within the past four years.

The particular case, reform or recommendation studied may have originated more than four years previous to the current year. There must, however, have been some type of change, appeal, legal discussion or a new aspect of the particular case or reform to have occurred and be cited during the study of the case or reform. For example, a reform 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. Similarly, a court case originating more than four years ago may also be studied in Unit 2 if an appeal has been launched or heard within the past four years.

The principles of justice

The Australian legal system aims to provide justice through universal basic fairness, equality and access for all citizens. Students are required to consider the principles across Units 1 to 4.

Fairness: involves impartial treatment for all people under the law without fear or favour.

Equality: involves provision of equal legal opportunities and equal treatment for all citizens under the law.

Access: involves provision of a range of methods and institutions to settle disputes within the legal system.

The following website​ provides further details about the three principles of justice underpinning the legal system: The Hon. Marilyn Warren AC’, Chief Justice of Victoria – 2014 Newman Lecture​.