Academic Misconduct Essay PDF

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Research essay on academic misconduct - semester 1 2020...

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https://heinonline-org.simsrad.net.ocs.mq.edu.au/HOL/Page? collection=journals&handle=hein.journals/monash34&id=312&men_tab=srchresults https://www.sydneycriminallawyers.com.au/blog/lawyer-struck-off-for-cheating-during-uni/ https://lr.law.qut.edu.au/article/view/534 http://www.lpab.justice.nsw.gov.au/Documents/LACC%20Disclosure%20Guidelines%20July %202018.pdf https://www.legislation.nsw.gov.au/#/view/regulation/2015/240/part3

Academic misconduct is a fundamental principle of legal ethics and is essential for the efficient operation of the judicial system, as it supports the proper administration of justice. However, it will be demonstrated that the current rules governing academic misconduct are occasionally inadequate. This is due to the failure to outline expressions to protect innocent people who are put at risk of an injustice. This essay will critically examine the meaning of the current rule on academic misconduct, as expressed in the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (‘ASCR’), and its exceptions. The latter half will analyse and address inadequacies of the rule, and discuss expansions to the rule, supported by case law. Overall, it will be demonstrated that the rule of academic misconduct is imperative to the justice system, as it facilitates the effective provision of legal services.

case law Legal Profession Uniform Admission Rules 20151 and Academic Misconduct Rule 20152 Legal Profession Uniform Law (NSW) No 16a3 Wentworth v NSW Bar Association (Court of Appeal, unreported, 14 Feb 1994) 4 – refused admission on ‘lacked understanding of a fundamental matter of proper conduct’ Re: Liveri [2006] QCA 152 - No case has yet signaled that a student once guilty of academic misconduct inherently lacks good fame and character at the time of applying for admission, although it is clear that they almost certainly lack suitability at the time of the misconduct. Indeed, the most egregious case of plagiarismto be dealt with by the courts, Re: Liveri, explicitly recognisesthat plagiarism (even of the extent and frequency exhibited by Liveri, together with other failings noted by the Court) doesnot present a permanent bar to admission

1 Legal Profession Uniform Admission Rules 2015 (NSW). 2 Academic Misconduct Rule (Education, Skills and Employment) 2015 (NSW). 3 Legal Profession Uniform Law No 16a 2014 (NSW). 4 Wentworth v NSW Bar Association (1994) HCATrans 131.

the requirements for admission to the profession in NSW Requirements: 1. Eligibility – Education 2. Suitability – personal attributes: good fame and character, fit and proper persons - Outlined in s17 Uniform Law: Prerequisites include a) specified academic qualifications b) the specified practical legal training prerequisite c) is a fit and proper person to be admitted to the Australian legal profession Legal Profession Uniform Admission Rules 2015 Part 3 Regulation 15 – Evidence of qualifications (completed required law degree)- within 5 years of submitting for admission Regulation 17 – disclosure statement: application must include declaration disclosing any matter that the Board might not regard as favourable to the applicant when considering if they are ready for ‘good fame and character’ and fit a ‘fit and proper person’. Reg. 18 – Police Report: on applicant’s criminal history Reg. 19– Student Conduct Reports Reg. 23 – Health Assessments

Schedule 1 s 13 Ethics and Professional Responsibilities 

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‘Presley 11 rules’ - All law students to study criminal law, torts, property, equity, administrative, federal and state constitutional, civil procedure, laws of evidence, company and ethics and professional conduct Presley 12 – practical training requirements – identify areas of skills and practice

Schedule 2 s 18 Ethics and Professional Responsibilities

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act ethically; demonstrate responsibility and courtesy in dealing with client, court and community

- Elements and performance criteria: act ethically, discharge legal duties and obligations of legal professionals, comply with professional conduct rules, fiduciary duties, avoiding conflicts of interests, act courteously, comply with rule relating to the charging of fees, being aware of the importance of pro bono contributions

- Cases: plagiarism cases (case of confidence) or fraudulently holding themselves out to be lawyers: Legal Practice Board v Ridah [2004] - Rules designed to protect profession and public

For law students seeking admission to practice, applicants are under an obligation of complete candour in disclosing any matters that bear on their suitability, including any finding of academic misconduct5 inherent requirements for the practice of law 1. Demonstration of minimum knowledge levels 2. Ethical behaviour 3. Behavioural stability 4. Legal 5. Communication (verbal) 6. Communication (non-verbal) 7. Communication (written) 8. Knowledge and cognitive skills 9. Listening and comprehension skills 10. Numeracy 11. Sustainable performance 12.

Conclusion This paper has examined the current rule on academic misconduct, and discussed some of the controversies regarding the application of its exceptions. While there may be difficulties fulfilling the perfect operation of the legal system, the rule of academic misconduct predominately succeeds in accomplishing the proper administration of justice. Therefore, it is recommended that the rule remains as it stands to achieve the efficient application of ethical principles in legal procedure.

5 Mark Thomas, Admission as a Lawyer: The Fearful Spectre of Academic Misconduct, 2013 13(1) QUT Law Review 73....