76087 Workplace Health and Safety Law
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70211 Contracts AND 70311 Torts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
Workplaces are changing rapidly. The onset of technology has wrought a revolution arguably as big as the Industrial Revolution. Creating a safe working environment in this rapidly changing landscape is a challenge for employers, directors, management, employees, government, independent contractors and the self-employed. Lawyers working in policy, private practice, the Courts and in business have a vital role to play in ensuring that people are safe in the work they do.
The subject brings together material from workplace health and safety legislation, torts, contract, criminal law and employment law in a package that recommends itself to students with an interest in employment law, lawyers in practice who want to develop a thorough grounding in this specialist area of practice and to those in management or in unions who have responsibility for workplace health and safety.
The subject take an historical perspective so that students understand how we got to where we are today and have a perspective on what is on the horizon for this dynamic area of law.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify, discuss and demonstrate an accurate knowledge of the key legal principles governing work, health and safety laws in New South Wales |
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| 2. | Demonstrate the ability to evaluate New South Wales??? work, health and safety laws and the reasoning or argument in legal and academic publications and reports to support the student???s own arguments |
| 3. | Analyse, present and explain an argument on New South Wales??? work, health and safety laws and how they operate in practice. |
| 4. | Present a clear, well reasoned and well written argument on an aspect of New South Wales??? work, health and safety laws based on thorough research |
| 5. | Collaboration to complete key research and problem solving tasks and present on key issues of New South Wales??? work, health and safety laws |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1 Working through the recommended reading before the lectures will prepare the students for the learning tasks with which they are presented in the lectures. Students will be more open to the material to be presented in the lectures and to the tasks they will do during the lectures because of their familiarity with key concepts before the lectures.
Strategy 2 Short lectures in the subject will be used to synthesise the key material and will lead into in class group problem solving and research tasks. The lectures are designed to ensure that the students emerge with a coherent understanding of the law and to bring together the insights gained through participation in the group work.
Strategy 3 Group work in and out of the seminars will be used to enable students to develop their ability to collaborate, synthesise, peer-review each other’s work and present effectively as a team. The group work will enable the students to become familiar with the resources available on-line and will enable the lecturer to work with the groups and individual students.
Strategy 4 The assessment tasks are designed to consolidate the students’ understanding of the topic, their ability to present the results of their learning orally and in writing. The feedback from the first presentation will assist the students with the major essay. The aims of the assessment tasks are to facilitate incremental learning leading to a comprehensive understanding of the relevant legal principles.
Strategy 5 Class discussion will enable students to test their understanding of key concepts and work with their application in a context that is non-judgemental and allows errors to be made and corrected.
Content (topics)
1 Introduction and background
2 Common law remedies - contract and negligence
3 Common law remedies – contract and negligence
4 Common law remedies – contract and negligence
5 Common law remedies – contract and negligence
6 Work, Health and Safety Act 2011 (NSW)
7 Work, Health and Safety Act 2011 (NSW)
8 Work, Health and Safety Act 2011 (NSW)
9 Work, Health and Safety Act 2011 (NSW)
10 Work, Health and Safety Act 2011 (NSW)
11 Workers’ compensation
12 Anti-discrimination in the workplace
Assessment
Assessment task 1: Class presentations (done in groups)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 20% |
Assessment task 2: Research essay (based on an aspect of the presentation)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 30% |
| Length: | 2000 words |
Assessment task 3: Final exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
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| Weight: | 50% |
