Inherent requirements of Law Courses

Inherent requirements for School of Law Awards

Inherent requirements for LLB/Law Coded Units

Introduction

The study of law in New South Wales is governed by the requirements of the Legal Profession Uniform Admission Rules 2015 (NSW). 
The basic requirement is set out in the Legal Profession Uniform Admission Rules 2015 (NSW). As part of the LLB, students must successfully complete the prescribed Priestley 11areas of knowledge as set out in Schedule 1 - Academic areas of knowledge of the Legal Profession Uniform Admission Rules 2015 (NSW). The Legal Profession Admission Board (LPAB) of New South Wales is responsible for accrediting law courses and assuring they meet the required standards for legal education and admission of legal practitioners. Other units and courses administered by the School of Law may be subject to accreditation requirements of the Australian Securities and Investments Commission (ASIC), the Tax Practitioners Board (TPB), CPA Australia, the Chartered Accountants Australia & New Zealand, the Institute of Public Accountants, and the National Vocational Education and Training Regulator.

To support potential and current students' decision making, this Inherent Requirements Statement has been developed in order to specify the course requirements of the courses for student admission and progression. This Inherent Requirements Statement applies to any UNE course with a component administered by the school of law. In addition to inherent requirements, there may also be compulsory requirements for particular units, for example, prerequisites or compulsory assessment tasks. This Inherent Requirements Statement is subject to University policies, rules, procedures, and accreditation requirements.

If you are intending to enrol in a course or unit administered by the School of Law, you should look at this Inherent Requirements Statement and think about whether you may experience challenges in meeting them.

There are six categories of Inherent Requirements encompassed in this Statement:

  • Ethical behaviour;
  • Behavioural stability;
  • Communication;
  • Cognition and
  • Professional and Academic Conduct
  • Accreditation requirements

Reasonable adjustments

  • The University of New England, School of Law strongly supports the rights of all people to achieve their potential and career objectives. The School is committed to making reasonable adjustments to teaching and learning, assessment, placements and other activities to address the impact of students' disabilities so that they are able to participate in their course without unnecessary disadvantage.
  • The Disability Discrimination Act 1992 (Cth) (DDA) provides legal protection for everyone in Australia against discrimination based on disability.
  • The DDA, through the Disability Standards for Education 2005, requires institutions to make reasonable adjustments to enable students with a disability to participate in education on the same basis as students without a disability.
  • If you think you may experience challenges related to your disability, chronic health condition or any other reason, you should discuss your concerns with the Student Accessibility and Wellbeing office. Staff from this office can work collaboratively with you and School of Law staff to determine reasonable adjustments to assist you to meet the Inherent Requirements.
  • Reasonable adjustments are modifications made to the learning environment, teaching delivery or assessment method used to help students with a disability or chronic health condition to access and participate in education on the same basis as those without a disability. Reasonable adjustments facilitate students meeting the inherent requirements of their course of study.
  • An adjustment is defined as "reasonable" if it balances the interests of all parties affected, including not causing "unjustifiable hardship" to the educational institution.
  • Adjustments must not compromise the knowledge requirements of the unit. A student must be able to demonstrate that they possess the requisite knowledge and have achieved the required learning outcomes that demonstrate the student's own knowledge.
  • In any case where it is determined that Inherent Requirements cannot be met with reasonable adjustments, the University staff can provide guidance regarding other study options.

Inherent Requirements Statements

Ethical Behaviour

Requirement

Law is a profession governed by competency standards, rules and codes of ethics, professional conduct and professional boundaries where lawyers are accountable and responsible for ensuring professional behaviour.

Compliance with laws, codes, guidelines and policies facilitates safe, competent interactions and relationships for students and/or the people they engage with. This ensures the physical, psychological and emotional wellbeing of the individual is not placed at risk.

In the course of their studies, students must be prepared to engage in and understand the requirements of ethical behaviour in an academic context.

Adjustments must not compromise codes of conduct or result in unethical behaviour.

Examples of Tasks

  • Complying with academic and non-academic misconduct policies
  • Demonstrating appropriate behaviour with confidential information in classroom, clinical and placement settings; and
  • Demonstrating compliance with professional conduct rules, rules of natural justice, honesty, courtroom and professional etiquette.

Behavioural Stability

Requirement

Behavioural stability is required to function and adapt effectively and sensitively in a demanding professional role.

Behavioural stability is required to work individually and in teams in changing, challenging and unpredictable environments. Law students may be exposed to emotionally challenging and intellectually demanding situations and human suffering and will be required to have the necessary behavioural and intellectual stability to manage these events objectively and professionally.

In the course of their studies, students must demonstrate:

  • the behavioural stability required to work constructively in a diverse and changing academic and professional environment;
  • the emotional health to utilise their own intellectual abilities appropriately;
  • capacity to cope in stressful or emotionally traumatic situations.

Adjustments must support stable, effective and professional behaviour in academic and professional settings.

Examples of Tasks
  • Being perceptive, receptive and professional in responding; appropriately to constructive feedback;
  • Coping with own emotions and behaviour effectively in an academic context; and
  • Treating academic and professional staff with appropriate courtesy and respect.

Communication

Law units require effective written and verbal communication skills.

Written

Requirement

Effective written communication, reading and writing, is fundamental to legal practice.

In the course of their studies, students must demonstrate capacity to perform the following tasks in a timely manner:

  • Read and comprehend complex legal and other texts; and
  • construct coherent written communications in Plain English, using correct grammar, punctuation and standard Australian spelling.

Adjustments must enable written adjustments to demonstrate necessary standards of clarity, accuracy and accessibility in written communications.

Examples of Tasks
  • Completing and comprehending prescribed readings in a timely fashion; and
  • Constructing written assessment tasks to academic standards in law.
Verbal

Requirement

The ability to acquire and disseminate information verbally, as well as in written form, is necessary in legal practice. The ability to read, listen, decode, interpret and comprehend multiple sources of information is an inherent professional skill.

Verbal communication, including good listening skills, is inherent in aspects of legal practice, such as court room advocacy, taking instructions from clients, advising in conference, mediation, and negotiation of disputes.

In the course of their studies, students must demonstrate the ability to understand and respond to verbal communications accurately, appropriately and in a timely manner.

Adjustments for impaired verbal communication must address effectiveness, timeliness, clarity and accuracy.

Examples of Tasks

  • Participating in tutorial discussions and moots; and
  • Listening and note-taking in lectures.

Cognition

Requirement

Cognitive skills are necessary to understand complex legal issues in a timely fashion and to provide competent legal advice.

Delivery of quality legal advice and being able to advocate and negotiate a client's case is based on knowledge that must be researched, understood and applied to enable the provision of best practice legal assistance. Often, advice must be founded on the rapid but reliable processing of information from diverse and complex sources.

In the course of their studies, students must demonstrate an ability to:

  • Comprehend a range of materials including theoretical, doctrinal and contextual materials;
  • Process relevant information;
  • Integrate and implement knowledge in practice; and
  • Perform the above tasks in a timely fashion.

Adjustments must not compromise a clear demonstration of knowledge and cognitive skills.

Examples of Tasks
  • Conceptualising and using appropriate knowledge in academic assessment items; and
  • Reading, understanding and applying law as found in case law and statutory materials.
Professional and Academic Skills

Requirement

Legal practice imposes a range of professional obligations on practitioners, including duties of competence, diligence and courtesy. Included among these are the duties to work independently, manage workload and act in a timely manner, having regard to deadlines, court dates and the reasonable expectation of clients and others. Legal practitioners need to be able to deal with others impartially, courteously and sensitively in a variety of situations.

In the course of their studies, students must demonstrate an ability to:

  • Manage their time and workload effectively
  • Communicate with staff and other students with courtesy and respect, regardless of the student’s personal emotional context
  • Respond to others with cultural sensitivity and in recognition of the norms of non-discrimination and substantive equity and
  • Identify and accept their responsibilities within the academic context.

Adjustments must support stable, effective and professional behaviour in academic and professional settings.

Examples of Tasks

  • Submit assessments items by the due dates; and
  • Interact with students and staff, including from other cultures, with sensitivity and professionalism.

Accreditation Requirements

Accrediting bodies, impose various requirements and conditions on the courses and units they accredit. For example:

For each Priestley unit and the unit that covers statutory interpretation skills (i.e. LAW100: Foundations of Law) at least fifty percent (50%) of the assessment weighting must be invigilated. Invigilation means supervision whether in-person or online, to ensure the academic integrity of the gradeawarded to a student.

The Tax Practitioners Board requires at least forty percent (40%) of the assessment weighting for accredited units to be undertaken under some form of independent supervision. Independent supervision includes remote or online assessment which is invigilated live to demonstrate rigour and integrity.

For Priestley units the total teaching hours provided must equate to at least 36 hours. That is, students are expected to engage in at least 36 hours of teaching tasks including but not limited to lectures, tutorials, seminars, and workshops.

The duration of the law course must include the equivalent of at least three years' full-time study of law.

For a commercial law course approved by theTax Practitioners Board the duration of the course in commercial law should not be less than the equivalent of three tertiary level units amounting to a total of 300 to 390 hours of study and tuition made up of, where relevant, lectures, tutorials, seminars, workshop, seminars, and private study (e.g. research, reading, and assignment preparation).

For a taxation law course approved by the Tax Practitioners Board TPB the duration of the course in Australian taxation law should not be less than the equivalent of two tertiary level units in taxation law together amounting to a total of 200 to 260 hours of study and tuition made up of, where relevant, lectures, tutorials, seminars, workshop, seminars, and private study (e.g. research, reading, and assignment preparation).

The Legal Profession Admission Board (LPAB) requires that, prior to an application for admission to the legal profession, any accredited Australian law course completed more than five (5) years prior must be subject to an assessment by the LPAB's Academic Exemptions Sub-Committee. After this assessment, an applicant must satisfy any further academic requirements requested by the LPAB before an application for admission as a lawyer can be made. Further, UNE requires that all students must complete their degree enrolment within ten (10) years.

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