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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Pre-requisites

96 Credit Points in any law units OR LAW00117 - Administrative Law AND LAW00507 Criminal Law Australian OR LAW10002 - Australian Criminal Law I AND LAW10004 - Australian Criminal Law II

Unit aim

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.

Learning outcomes

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.

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 Outline the historical background, and reception of, the Australian military legal system; Knowledge of a discipline
2 Explain the laws and judicial system applicable to the ADF both here and abroad; Knowledge of a discipline
3 Outline the recent historical background to the relevant national security laws; Knowledge of a discipline
4 Critically evaluate examples of military and constitutional law cases; Intellectual rigour Knowledge of a discipline
5 Critically evaluate examples of the application of national security legislation; Intellectual rigour Knowledge of a discipline
6 Develop arguments and reflect on the long-term impact of national security laws; and Knowledge of a discipline Lifelong learning
7 Develop arguments and reflect on the future of the Australian military legal system. Knowledge of a discipline Lifelong learning

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

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