Bachelor of Business and Commerce (Advanced Business Leadership)/Bachelor of Laws

These inherent requirements apply to the Bachelor of Business and Commerce (Advanced Business Leadership)/Bachelor of Laws (course code 2747).

Core units

Non-core units

These units simulate aspects of LLB practice where it is necessary to ensure appropriate knowledge, skills and behaviour in order to achieve the learning outcomes of the unit.

The LLB domains applicable to the units 200811 Alternative Dispute Resolution (to be offered from Autumn 2014) 200293 Alternate Dispute Resolution (to be last offered within the LLB Spring 2014); 200294 Mediation; 200646 Advocacy; 200663 International Moot Court; 200773 Moot Court and 200699 Clinical Legal Placement in the LLB in addition to that stated above are:

Inherent Requirement Statements – core LLB units:

Demonstration of minimum knowledge levels

Level Inherent Requirement Statements
1 The core LLB units have learning outcomes which state the academic content and knowledge requirements that a student must acquire in order to pass the unit.
2 The study of law in New South Wales is governed by the requirements of the Legal Profession Uniform Admission Rules 2015 (NSW)(opens in a new window). These rules require a minimum of the equivalent three years full time academic study which includes, but is not limited to, specified knowledge areas that must be taught as part of the curriculum.
3

Justification of Inherent Requirement:

  • The LLB degree course offered by the School of Law is an accredited law degree that enables a student to apply to be admitted to legal practice. Accreditation is dependent upon annual certification by the Dean that there is compliance with the requirements of the the Legal Profession Uniform Admission Rules 2015 (NSW)(opens in a new window).
4 Adjustments must not compromise the knowledge requirements of the unit so that 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.
5

Exemplars:

  • Undertaking a range of assessment tasks such as exams, written assignments, presentations and practical applications that demonstrate his or her own knowledge of the required content. The student must demonstrate his or her knowledge by way of assessment tasks that make reasonable allowance for any disability, provided such allowance does not compromise knowledge requirements and learning outcomes for the unit
  • Completion of a written examination of 2 or 3 hours duration under exam conditions, with appropriate adjustments where needed, that do not compromise the integrity of the examination as a demonstration of the student's own knowledge

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Inherent Requirement Statements – alternate LLB units:

Demonstration of minimum knowledge levels

Level Inherent Requirement Statements
1 The alternate LLB units have learning outcomes which state the academic content and knowledge requirements that a student must acquire in order to pass the unit.
2 The study of law in New South Wales is governed by the requirements of the Legal Profession Uniform Admission Rules 2015 (NSW)(opens in a new window). These rules require a minimum of the equivalent three years full time academic study. The learning outcomes for each LLB alternate unit are described in the unit template and learning guide for the particular unit.
3 Justification of Inherent Requirement:
The LLB degree course offered by the School of Law is an accredited law degree that enables a student to be admitted to legal practice. The learning outcomes form the basis of the academic content of the unit and establish the essential knowledge a student must have in order to pass the unit and meet Legal Profession Admission Rules and Course accreditation requirements.
4 Adjustments must not compromise the knowledge requirements of the unit so that students must be able to demonstrate that they possess the requisite knowledge and have achieved the required learning outcomes.
5

Exemplars:

  • Undertaking a range of assessment tasks that demonstrate the student's knowledge of required course content. The student must demonstrate his or knowledge by way of assessment tasks that make reasonable allowance for any disability provided such allowance does not compromise knowledge requirements and learning outcomes for the unit

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Inherent Requirement Statements applicable only to the following LLB units:

200811 Alternative Dispute Resolution (to be offered from Autumn 2014) 200293 Alternate Dispute Resolution (to be last offered within the LLB Spring 2014); 200294 Mediation; 200646 Advocacy; 200663 International Moot Court; 200773 Moot Court and 200699 Clinical Legal Placement

These LLB units simulate aspects of legal practice where it is necessary to ensure appropriate knowledge, skills and behaviour in order to achieve the learning outcomes of the unit, consistent with meeting the requirements of the Legal Profession Uniform Admission Rules 2015 (NSW)(opens in a new window).

Ethical Behaviour

Level: Inherent Requirement Statements
1 Law is a profession governed by competency standards, rules and codes of ethics, professional conduct and professional boundaries where Lawyers are both accountable and responsible for ensuring professional behaviour in all contexts.
2 Student demonstrates knowledge of, engages in and understands the requirements of ethical behaviour in practice.
3

Justification of Inherent Requirement:

  • Compliance with the codes, guidelines and policies facilitates safe, competent interactions and relationships for students and/or the people they engage with. This ensures the physical, psychological, emotional and spiritual wellbeing of the individual is not placed at risk
4 Adjustments must not compromise codes of conduct or result in unethical behaviour.
5

Exemplars:

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

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Behavioural Stability

Level: Inherent Requirement Statements
1 Behavioural stability is required to function and adapt effectively and sensitively in a demanding professional role.
2 Student demonstrates the behavioural stability required to work constructively in a diverse and changing academic, clinical and professional environment.
3

Justification of Inherent Requirement:

  • Behavioural stability is required to work individually and in teams in changing, challenging and unpredictable environments. Law students will 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
4 Adjustments must support stable, effective and professional behaviour in academic, clinical and professional settings.
5

Exemplars:

  • Being perceptive, receptive and professional in responding appropriately to constructive feedback
  • Coping with own emotions and behaviour effectively when dealing with individuals in the clinical and placement setting

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Level Inherent Requirement Statements
1 Legal practice is mandated by specific legislation, rules, and codes of conduct to enable the professional delivery of legal service.
2 Student demonstrates knowledge and compliance with Australian Law, professional rules, codes of conduct and regulations and scope of practice.
3

Justification of Inherent Requirement:

  • Knowledge, understanding, and compliance with legislative and regulatory requirements are necessary prerequisites to clinical placements, courtroom settings, mediations and other negotiations in order to manage the risk of harm to self and others, as well as achieving learning outcomes
  • Compliance with these professional regulations and the Australian Law ensures that students are professional, responsible and accountable for their practice
4 Adjustments must be consistent with legislation, rules, codes of practice and regulatory requirements.
5

Exemplars:

  • Complying with relevant child protection and safety legislation
  • Complying with rules of evidence

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Communication

These units require effective, verbal, non- verbal and written communication skills.

Verbal

Levels Inherent Requirement Statements
1 Effective and efficient verbal communication, in English, is an essential requirement to provide safe, effective, professional advice and practice.
2

Student demonstrates:

  • The ability to understand and respond to verbal communication accurately, appropriately and in a timely manner
  • The ability to provide clear instructions in the context of the situation
  • Timely clear feedback and reporting
3

Justification of Inherent Requirement:

  • Communication may be restricted to verbal because of physical limitations of the individual (e.g. injury, disease or congenital conditions)
  • Speed and interactivity of communication may be critical for effectiveness of advice
  • Timely, accurate and effective delivery of instructions is critical to individual client safety and management
  • Verbal communication is essential to achieving the learning outcomes in these units as they are inherent in aspects of legal practice where verbal communication is essential, such as court room advocacy, taking instructions from clients, advising in conference and mediation and negotiation of disputes
4 Adjustments for impaired verbal communication must address effectiveness, timeliness, clarity and accuracy issues.
5

Exemplars:

  • Participating in tutorial, simulation, clinical and placement discussions
  • Responding appropriately to advice that is being sought in the clinical and placement environment

Non-Verbal

Level Inherent Requirement Statements
1 Effective non-verbal communication is fundamental to the legal profession and needs to be courteous, respectful, clear, attentive, empathetic, honest and non-judgmental.
2

Student demonstrates:

  • Capacity to recognise, interpret and respond appropriately to behavioural cues
  • Displays consistent and appropriate awareness of own behaviours
  • Responds with sensitivity to individual differences
3

Justification of the Inherent Requirement:

  • The ability to observe and understand non-verbal cues assists with building rapport with people and gaining their trust and respect in academic and professional relationships
  • Displaying consistent and appropriate demonstrative behaviour being mindful of space, time boundaries and body movements and gestures promotes trust in academic and professional relationships
  • Being sensitive to individual differences displays respect and empathy to others and develops trusting relationships
4 Adjustments must enable the recognition, initiation of or appropriate response to effective non-verbal communication in a timely and appropriate manner.
5

Exemplars:

  • Recognising and responding appropriately in classroom situations
  • Recognising and responding appropriately to cues in the clinical and placement environment

Written

Level Inherent Requirement Statements
1 Effective written communication is a fundamental to legal practice.
2 Student demonstrates capacity to construct coherent written communication appropriate to the circumstances including the use of Plain English and avoids legalese and jargon.
3

Justification of Inherent Requirement:

  • Receiving and accurately documenting clients instructions, and the construction of written text based assessment tasks to reflect the required academic standards, are necessary to convey knowledge and understanding of relevant subject matter, procedures and professional practice
  • Accurate written communication, including e-mail, letter writing, record-keeping and client instructions and notes, is vital to provide consistent and professional client care
  • Advocacy, mediation, arbitration and negotiations require the preparation of clear and precise documentation such as pleadings, affidavits, written submissions and position papers
4 Adjustments must meet necessary standards of clarity, accuracy and accessibility to ensure effective recording and transmission of information in academic, clinical and placement settings.
5

Exemplars:

  • Constructing an essay to academic standards
  • Constructing a law student's report in a timely manner that meets professional standards
  • Drafting legal documents to appropriate legal and professional standards

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Cognition

These units require knowledge of theory and the skills of cognition, comprehension and numeracy.

Knowledge and Cognitive Skills

Level Inherent Requirement Statements
1 Consistent and effective knowledge and cognitive skills must be demonstrated to provide safe and competent legal assistance and advice.
2

Student demonstrates:

  • Capacity to locate appropriate and relevant information
  • Ability to process information relevant to practice
  • Integrate and implement knowledge in practice
  • Ability to understand the principles of the duty owed to the court and to the client
3

Justification of Inherent Requirement:

  • Delivery of quality legal advice and being able to advocate and negotiate a client's case is based on comprehensive knowledge that must be sourced, understood and applied to enable the provision of best practice quality legal assistance.
4 Adjustments must ensure that a clear demonstration of knowledge and cognitive skills is not compromised or impeded.
5

Exemplars:

  • Ability to conceptualise and use appropriate knowledge in response to academic assessment items
  • Applying knowledge of policy and procedures in the clinical and placement setting

Listening and Comprehension Skills

Level Inherent Requirement Statements
1 Competent listening and comprehension skills are essential to provide professional and effective delivery of legal advice to the client.
2

Student demonstrates:

  • The ability to accurately acquire information and convey appropriate messages
  • Ability to read and comprehend a range of literature and information
  • The capacity to understand and implement legal conventions to construct written text in a legal context
3

Justification of Inherent Requirement:

  • The ability to acquire information in a variety of circumstances and to accurately convey messages is necessary to demonstrate the capacity to deliver effective legal advice and assistance to clients
  • The ability to read, decode, interpret and comprehend multiple sources of information is necessary to demonstrate the capacity to deliver effective legal advice and assistance to clients
4 Adjustments to address Listening and comprehension issues must demonstrate a capacity to effectively acquire, comprehend, apply and communicate accurate information in a timely manner.
5

Exemplars:

  • Demonstrating the ability to acquire information accurately and effectively
  • Demonstrating the ability to convey a message accurately and effectively
  • Demonstrating the ability to paraphrase, summarise and reference in accordance with appropriate academic conventions
  • Demonstrating the ability to produce accurate, concise and clear legal documentation

Numeracy

Level Inherent Requirement Statements
1 Competent and accurate numeracy skills are essential for professional legal advice and effective client management.
2 Student interprets and correctly applies data, measurements and numerical criteria.
3

Justification of Inherent Requirements:

  • Competent application of numeracy skills is essential in legal practice to ensure the quality of legal advice and assistance to clients, particularly in dealing with Trust and Control monies
4 Adjustments must demonstrate a capacity to appropriately interpret and apply concepts and processes in a timely, accurate and effective manner.
5

Exemplars:

  • Demonstrating an understanding to complex commercial transactions that involve numeracy skills
  • Calculating entitlements to damages, compensation, interest or other monetary payments in litigation

*Developed from: Johnson, A., Allan, T., Phillips, K., Azzopardi, T., Dickson, C., Goldsmith, M & Hengstberger-Sims, C. (2011). Inherent Requirements of Nursing Education (IRONE), Western Sydney University School of Nursing & Midwifery and Student Equity & Disability Services.

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