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Study design

Legal Studies

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Unit 30/50

The purposes of the Victorian criminal justice system are to determine whether an accused person is guilty beyond reasonable doubt of an offence for which they are charged, and to impose sanctions when a person is guilty of committing a crime. The system includes the courts (the Magistrates' Court, County Court and Supreme Court) and institutions such as Victoria Legal Aid and community legal centres available to assist an accused and victims of crime. In this area of study, students explore the criminal justice system, key personnel, and the use of plea negotiations to determine a criminal case. Students investigate the rights of the accused and of victims, and explore the purposes and types of sanctions and sentencing considerations. They consider the impact of time, costs and cultural differences on the ability of the criminal justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the criminal justice system to actual and/or hypothetical scenarios.

0/1
  • the distinction between summary offences and indictable offences
Outcome 10/7
  • the distinction between summary offences and indictable offences
    3
  • key principles of the criminal justice system, including the burden of proof, the standard of proof, and the presumption of innocence
  • key principles of the criminal justice system, including the burden of proof, the standard of proof, and the presumption of innocence
    1
  • the rights of an accused, including the right to be tried without unreasonable delay, the right to silence, and the right to trial by jury
  • the rights of an accused, including the right to be tried without unreasonable delay, the right to silence, and the right to trial by jury
  • the rights of victims, including the right to give evidence using alternative arrangements, the right to be informed about the proceedings, and the right to be informed of the likely release date of the offender
  • the rights of victims, including the right to give evidence using alternative arrangements, the right to be informed about the proceedings, and the right to be informed of the likely release date of the offender
    3
The principles of justice during a criminal case0/1
  • the principles of justice: fairness, equality and access
Outcome 10/1
  • the principles of justice: fairness, equality and access
    8
The principles of justice during a criminal case0/1
  • the role of Victoria Legal Aid and Victorian community legal centres in assisting an accused and victims of crime
Outcome 10/1
  • the role of Victoria Legal Aid and Victorian community legal centres in assisting an accused and victims of crime
    5
The principles of justice during a criminal case0/1
  • the purposes and appropriateness of plea negotiations
Outcome 10/1
  • the purposes and appropriateness of plea negotiations
    3
The principles of justice during a criminal case0/1
  • the reasons for the Victorian court hierarchy in determining criminal cases, including specialisation and appeals
Outcome 10/1
  • the reasons for the Victorian court hierarchy in determining criminal cases, including specialisation and appeals
    4
The principles of justice during a criminal case0/1
  • the roles of key personnel in a criminal case, including the judge or magistrate, the jury, and the parties
Outcome 10/1
  • the roles of key personnel in a criminal case, including the judge or magistrate, the jury, and the parties
    3
The principles of justice during a criminal case0/1
  • the need for legal practitioners in a criminal case
Outcome 10/1
  • the need for legal practitioners in a criminal case
The principles of justice during a criminal case0/1
  • the impact of costs, time and cultural differences on the achievement of the principles of justice
Outcome 10/1
  • the impact of costs, time and cultural differences on the achievement of the principles of justice
    2
Sentencing0/1
  • the purposes of sanctions: rehabilitation, punishment, deterrence (general and specific), denunciation and protection
Outcome 10/1
  • the purposes of sanctions: rehabilitation, punishment, deterrence (general and specific), denunciation and protection
    5
Sentencing0/1
  • fines, community correction orders and imprisonment, and their specific purposes
Outcome 10/1
  • fines, community correction orders and imprisonment, and their specific purposes
    6
Sentencing0/1
  • factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements.
Outcome 10/1
  • factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements.
    3

One of the aims of the Victorian civil justice system is to restore a wronged party to the position they were originally in before a breach of civil law occurred. There are a range of institutions in Victoria that aim to help parties resolve a civil dispute, including courts (the Magistrates' Court, County Court and Supreme Court), Consumer Affairs Victoria, and the Victorian Civil and Administrative Tribunal. In this area of study, students consider the factors relevant to commencing a civil claim, examine the institutions and methods used to resolve a civil dispute and explore the purposes and types of remedies. Students consider the impact of time and costs on the ability of the civil justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the civil justice system to actual and/or hypothetical scenarios.

0/1
  • key principles in the Victorian civil justice system, including the burden of proof and the standard of proof
Outcome 20/3
  • key principles in the Victorian civil justice system, including the burden of proof and the standard of proof
    3
  • factors to consider before initiating a civil claim, including costs, limitation of actions and enforcement issues
  • factors to consider before initiating a civil claim, including costs, limitation of actions and enforcement issues
    5
The principles of justice during a civil dispute0/1
  • the principles of justice: fairness, equality and access
Outcome 20/1
  • the principles of justice: fairness, equality and access
    2
The principles of justice during a civil dispute0/1
  • the purposes and appropriateness of methods used to resolve civil disputes, including mediation, conciliation and arbitration
Outcome 20/1
  • the purposes and appropriateness of methods used to resolve civil disputes, including mediation, conciliation and arbitration
    3
The principles of justice during a civil dispute0/1
  • the reasons for the Victorian court hierarchy in determining civil disputes, including administrative convenience and appeals
Outcome 20/1
  • the reasons for the Victorian court hierarchy in determining civil disputes, including administrative convenience and appeals
    3
The principles of justice during a civil dispute0/1
  • the roles of key personnel in a civil dispute, including the judge or magistrate (including the role of case management), the jury, and the parties
Outcome 20/1
  • the roles of key personnel in a civil dispute, including the judge or magistrate (including the role of case management), the jury, and the parties
    9
The principles of justice during a civil dispute0/1
  • the need for legal practitioners in a civil dispute
Outcome 20/1
  • the need for legal practitioners in a civil dispute
    1
The principles of justice during a civil dispute0/1
  • the use of class actions to resolve civil disputes
Outcome 20/1
  • the use of class actions to resolve civil disputes
    2
The principles of justice during a civil dispute0/1
  • the purposes and appropriateness of institutions used to resolve disputes, including Consumer Affairs Victoria, the Victorian Civil and Administrative Tribunal and the courts
Outcome 20/1
  • the purposes and appropriateness of institutions used to resolve disputes, including Consumer Affairs Victoria, the Victorian Civil and Administrative Tribunal and the courts
    4
The principles of justice during a civil dispute0/1
  • the impact of costs and time on the ability of the civil justice system to achieve the principles of justice during a civil dispute
Outcome 20/1
  • the impact of costs and time on the ability of the civil justice system to achieve the principles of justice during a civil dispute
    1
Remedies0/1
  • damages and injunctions, and their specific purposes.
Outcome 20/1
  • damages and injunctions, and their specific purposes.
    6
Unit 40/66

The Australian Constitution establishes Australia's parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases. In this area of study, students examine the ways in which the Australian Constitution acts as a check on parliament in law-making, and factors that affect the ability of parliament and courts to make law. They explore the relationship between parliament and courts in law-making and consider the capacity of both institutions to make law.

Parliament and the Australian Constitution0/1
  • the roles of the Crown and the Houses of Parliament (Victorian and Commonwealth) in law-making
Outcome 10/1
  • the roles of the Crown and the Houses of Parliament (Victorian and Commonwealth) in law-making
    2
Parliament and the Australian Constitution0/1
  • the law-making powers of the state and Commonwealth parliaments, including exclusive, concurrent and residual powers
Outcome 10/1
  • the law-making powers of the state and Commonwealth parliaments, including exclusive, concurrent and residual powers
    8
Parliament and the Australian Constitution0/1
  • the significance of section 109 of the Australian Constitution
Outcome 10/1
  • the significance of section 109 of the Australian Constitution
    3
Parliament and the Australian Constitution0/1
  • one High Court case which has had an impact on state and Commonwealth law-making powers
Outcome 10/13
  • one High Court case which has had an impact on state and Commonwealth law-making powers
    3
  • the bicameral structure of parliament
  • factors that affect the ability of parliament to make law, including:
    2
  • international pressures
  • the bicameral structure of parliament
    5
  • the representative nature of parliament
  • international pressures
    1
  • the role of the High Court in protecting the principle of representative government
  • the representative nature of parliament
    4
  • the separation of the legislative, executive and judicial powers
  • the means by which the Australian Constitution acts as a check on parliament in law-making, including:
    5
  • the express protection of rights
  • the role of the High Court in protecting the principle of representative government
    5
The Victorian courts and the High Court in law-making0/1
  • the reasons for, and effects of, statutory interpretation
Outcome 10/1
  • the separation of the legislative, executive and judicial powers
    3
The Victorian courts and the High Court in law-making0/1
  • features of the doctrine of precedent including binding precedent, persuasive precedent, and the reversing, overruling, distinguishing, and disapproving of precedent
Outcome 10/21
  • the express protection of rights
    2
  • the doctrine of precedent
  • the reasons for, and effects of, statutory interpretation
    5
  • judicial conservatism and judicial activism
  • features of the doctrine of precedent including binding precedent, persuasive precedent, and the reversing, overruling, distinguishing, and disapproving of precedent
    4
  • costs and time in bringing a case to court
  • factors that affect the ability of courts to make law, including:
    2
  • the requirement for standing.
  • the doctrine of precedent
    2
  • the supremacy of parliament
  • judicial conservatism and judicial activism
    2
  • the ability of courts to influence parliament
  • costs and time in bringing a case to court
  • the codification of common law
  • the requirement for standing.
  • the abrogation of common law.
  • features of the relationship between courts and parliament in law-making, including:
  • the supremacy of parliament
  • the ability of courts to influence parliament
    1
  • the codification of common law
    1
  • the abrogation of common law.
    1

Laws should reflect the needs of society, but they can become outdated. Individuals and groups can actively participate to influence change to laws, and law reform bodies (including the Victorian Law Reform Commission, parliamentary committees, and Royal Commissions) can investigate and make recommendations for change. Laws can be changed by parliament and the courts, while constitutional reform requires a referendum. In this area of study, students investigate the need for law reform and the means by which individuals and groups can influence change in the law. Students draw on examples of individuals, groups and the media influencing law reform, as well as examples from the past four years of inquiries of law reform bodies. Students examine the relationship between the Australian people and the Australian Constitution, the reasons for and processes of constitutional reform, the 1967 referendum about First Nations people and the 2023 referendum about an Aboriginal and Torres Strait Islander Voice.

Law reform0/1
  • reasons for law reform
Outcome 20/1
  • reasons for law reform
    6
Law reform0/1
  • the means by which individuals or groups can influence law reform including through petitions, demonstrations and the use of the courts
Outcome 20/1
  • the means by which individuals or groups can influence law reform including through petitions, demonstrations and the use of the courts
    3
Law reform0/1
  • the role of the media, including social media, in law reform
Outcome 20/1
  • the role of the media, including social media, in law reform
    3
Law reform0/1
  • the role of the Victorian Law Reform Commission and its ability to influence law reform
Outcome 20/1
  • the role of the Victorian Law Reform Commission and its ability to influence law reform
    5
Law reform0/1
  • one recent Victorian Law Reform Commission inquiry relating to law reform in the civil or criminal justice system
Outcome 20/1
  • one recent Victorian Law Reform Commission inquiry relating to law reform in the civil or criminal justice system
    4
Law reform0/1
  • the role of Royal Commissions or parliamentary committees in law reform and their ability to influence law reform
Outcome 20/1
  • the role of Royal Commissions or parliamentary committees in law reform and their ability to influence law reform
    2
Law reform0/1
  • one recent Royal Commission inquiry or one recent parliamentary committee inquiry
Outcome 20/1
  • one recent Royal Commission inquiry or one recent parliamentary committee inquiry
    1
Constitutional reform0/1
  • reasons for constitutional reform
Outcome 20/1
  • reasons for constitutional reform
Constitutional reform0/1
  • the requirement for the approval of the Commonwealth Houses of Parliament and a double majority in a referendum
Outcome 20/1
  • the requirement for the approval of the Commonwealth Houses of Parliament and a double majority in a referendum
    6
Constitutional reform0/1
  • factors affecting the success of a referendum
Outcome 20/1
  • factors affecting the success of a referendum
    1
Constitutional reform0/1
  • the significance of the 1967 referendum about First Nations people and the 2023 referendum about an Aboriginal and Torres Strait Islander Voice.
Outcome 20/1
  • the significance of the 1967 referendum about First Nations people and the 2023 referendum about an Aboriginal and Torres Strait Islander Voice.
    1