LAW 7302 - Advanced Military Discipline Law

North Terrace Campus - Semester 2 - 2024

Enrolment in this course is restricted to persons nominated by the Commonwealth. This course examines advanced aspects of military discipline law, including: - the purpose and operation of the military discipline system under the Defence Force Discipline Act 1982 (Cth) - the role and administration of the judicial aspect of the ADF discipline system - legal and policy issues regarding the scope of jurisdiction of the discipline system - the appeals and review process for Defence Force Discipline Act proceedings - the specialised investigative and evidentiary issues and developments relevant to the ADF discipline system - areas of potential future reform of the ADF discipline system.

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Course Details

Course Code	LAW 7302
Course	Advanced Military Discipline Law
Coordinating Unit	Adelaide Law School
Term	Semester 2
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	4.5
Contact	Intensive (total 54 hours)
Available for Study Abroad and Exchange
Restrictions	Enrolment in this course is restricted to persons nominated by the Commonwealth.
Assessment	Quiz, Case note, Command Brief, Presentation and Essay

Course Staff

Course Coordinator: Dr Kellie Toole

Course Timetable

The full timetable of all activities for this course can be accessed from .

Course Learning Outcomes

On successful completion of this course, students will be able to:

1	Analyse the jurisdictional aspects of the military discipline law system.
2	Provide advice on complex military discipline law matters without supervision.
3	Apply an understanding of the relationship between the Defence Force Discipline Act 1982 (Cth)(DFDA), the Criminal Code Act 1995 (Cth) and the Criminal Code 2002 (ACT), and the defintion and scope of the 'territory offences', general defences and other applicable federal law, to solve practical problems arising in military legal practice.
4	Articulate the distinct phases of an investigation into an alleged disciplinary event, focusing on key concepts underlying arrest, search and seizure and interviewing; and the grounds for appeal.
5	Analyse the role of prosecutorial discretion in relation to the choice of charges, the elements of offences, possible defences that could be raised, and the sufficiency of admissable evidence; determine relevant punishments available under the DFDA, and selected Jervis
6	Undertake self-directed research into military discipline law matters.

最新糖心Vlog Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1,2,3,4,5
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	1,2,3,4,5
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	4
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	5
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	5
Attribute 6: 最新糖心Vlogn Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, 最新糖心Vlogn Aboriginal and Torres Strait Islander values, culture and knowledge.	5
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	6
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	5

Assessment Summary

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable in exam?	Learning Outcomes
Presentation	30	Day 4 or 5 of the course	10 minutes	Group or individual, summative	N/A	1,2,4,5,6
Essay	70	9pm Friday seven weeks after intensive course classes finish	5000 words	Individual, summative	N/A	1,2,3,4,5,6

Assessment Detail

Student presentation (30%) 10 minutes per student + written outline of argument

This assessment task involves several options:

(i) Individual/group
It may be a group or individual presentation. In group presentations, all group members will receive the same mark and each student must present for 10 minutes. The ‘presentation’ does not necessarily involve each student speaking for 10 minutes, but each student must be responsible for managing 10 minutes of time. For example, in a group of three students one student might speak on a topic for 10 minutes, one student might present a scenario for 10 minutes, and one student might moderate class discussion for 10 minutes. The allocation of tasks is a matter for the group to determine.

(ii) Topics
The topic of the presentation may be a) a particular case, b) a particular issue, or c) an overview of the research essay the student intends to undertake. There is no set list of issues or cases but there will be options of essay topics. The presentation must be related to a topical, controversial or significant matter related to disciplinary law. It may, but does not have to, relate to the topics covered in the course.

A written outline will need to accompany the oral presentation. Further instructions on the oral and written components will be provided on MyUni and discussed on the first day of the course.

Research Essay (70%) 5000 words

This assessment task involves a research essay on (i) a topic chosen and developed by the student, or (ii) chosen from a list of essay topics provided to reflect the content covered in the course. It is recommended that students seek approval of the topic by the course coordinator well in advance of the due date if they choose their own topic. Students will be required to demonstrate advanced level skills in research and critical analysis in a relevant field of military disciplinary law or a closely related area of civilian criminal law.

Approach to essay topics

(i) you can choose your own essay topic

(ii) you can answer one of the set questions. You may interpret the question in any way that captures your interests

(iii) you can modify one of the questions below in any way that captures your interests.

Regardless of what option you take, make sure that the question you are addressing is clear in your heading and introduction.
Further instructions on the essay will be provided on MyUni and discussed on the first day of the course.

Submission

Standard Adelaide Law School submission requirements apply. Specific information will be provided in the assessment instructions for each item of assessment.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through .

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the 最新糖心Vlog’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the 最新糖心Vlog’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the 最新糖心Vlog are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

Student Feedback

The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 最新糖心Vlog of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South 最新糖心Vlog, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The 最新糖心Vlog’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the 最新糖心Vlog’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to admit a person to practice as a legal practitioner in South 最新糖心Vlog. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 最新糖心Vlog of Adelaide is committed to regular reviews of the courses and programs it offers to students. The 最新糖心Vlog of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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