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Unit of Study LAW10489 - Australian Military and National Security Law (2019)

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Unit Snapshot

Unit description

In the defence of Australia, the ADF coexists and co-operates with other bodies such as the police and intelligence agencies. However, for the ADF personnel, they live and work under a dual system of laws. On the one hand they adhere to the laws of armed conflict during operations, whilst on the other they comply with their own code of 'military law'. In peacetime, the ADF also continue to function under 'military law' as well as carry the same social obligations as other citizens pursuant to 'civilian law'. This unit will examine these systems of laws and their applicability to all relevant stakeholders in the defence of Australia.

Unit content

Topic 1. Introduction to Australian military law

Topic 2. Military Discipline Law

Topic 3. Military Administrative Law

Topic 4. Military Operations Law

Topic 5. ADF Call-out powers: Aid to the civil powers by the ADF

Topic 6. Australian National Security Law.

Availabilities

Not currently available in 2019

Learning outcomes and graduate attributes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 Outline the historical background, and reception of, the Australian military legal system;
2 Explain the laws and judicial system applicable to the ADF both here and abroad;
3 Outline the recent historical background to the relevant national security laws;
4 Critically evaluate examples of military and constitutional law cases;
5 Critically evaluate examples of the application of national security legislation;
6 Develop arguments and reflect on the long-term impact of national security laws; and
7 Develop arguments and reflect on the future of the Australian military legal system.

On completion of this unit, students should be able to:

  1. Outline the historical background, and reception of, the Australian military legal system;
    • GA4:
  2. Explain the laws and judicial system applicable to the ADF both here and abroad;
    • GA4:
  3. Outline the recent historical background to the relevant national security laws;
    • GA4:
  4. Critically evaluate examples of military and constitutional law cases;
    • GA1:
    • GA4:
  5. Critically evaluate examples of the application of national security legislation;
    • GA1:
    • GA4:
  6. Develop arguments and reflect on the long-term impact of national security laws; and
    • GA4:
    • GA5:
  7. Develop arguments and reflect on the future of the Australian military legal system.
    • GA4:
    • GA5: