MLL315 Unit Guide PDF

Preview

Summary

Unit Guide...

Description

Deakin University Faculty of Business and Law Unit Guide MLL315 Personal Injuries Compensation Schemes 2012 Trimester 3 This unit guide is applicable for the year and teaching period specified above only

TABLE OF CONTENTS CONTACT DETAILS ......................................................................................................................................... 2 Unit chair .................................................................................................................................................. 2 Teaching staff and academic queries ....................................................................................................... 2 Administrative queries .............................................................................................................................. 2 UNIT OVERVIEW ............................................................................................................................................. 2 Nature of the unit ..................................................................................................................................... 2 Learning objectives ................................................................................................................................... 2 Prerequisites ............................................................................................................................................. 3 Corequisites .............................................................................................................................................. 3 Incompatible units .................................................................................................................................... 3 Content/Topics covered ............................................................................................................................ 3 Graduate knowledge and understanding, skills and attributes ................................................................ 3 Learning approach and activities ............................................................................................................. 4 Student evaluation and unit changes ....................................................................................................... 4 LEARNING RESOURCES ................................................................................................................................. 4 Prescribed textbook(s) and other resources which you must acquire or to which you must have .......... 4 access Learning resources provided by the University ....................................................................................... 5 Further essential resources which you must acquire or to which you must have access ........................ 6 Other resources that you may find useful ................................................................................................ 6 Deakin University Library ......................................................................................................................... 6 ASSESSMENT ................................................................................................................................................... 7 Notes ......................................................................................................................................................... 7 Determination of final grade ..................................................................................................................... 8 Return of marked assessment tasks and requests for reviews ................................................................. 8 Special consideration ................................................................................................................................ 9 ACADEMIC HONESTY AND MISCONDUCT ................................................................................................. 9 LEARNING SUPPORT ................................................................................................................................... 12 Writing style requirements ..................................................................................................................... 12 Referencing requirements ...................................................................................................................... 12 Oral presentation requirements ............................................................................................................. 12 Exam preparation ................................................................................................................................... 12 Research skills ........................................................................................................................................ 12 Further information ................................................................................................................................ 13 Your rights and responsibilities .............................................................................................................. 13 Students with a health condition or disability ........................................................................................ 13 UNIT PLANNER ............................................................................................................................................. 13

24 September 2012

Deakin University, Faculty of Business and Law MLL315 - Personal Injuries Compensation Schemes 2012 / Trimester 3 CONTACT DETAILS Unit chair J Taliadoros

Name: Dr Jason Taliadoros Office location: C3.27 Contact number: 924 68182 email: [email protected]

Teaching staff and academic queries As above.

Administrative queries Queries relating to administrative matters should be addressed to a Faculty Student Adviser, staff at the Faculty Campus Office, Student Administration Group Manager or the Faculty General Manager. Enquiries can be made via email to: Undergraduate Students: [email protected] (Burwood) [email protected] (Geelong) [email protected] (Warrnambool) Postgraduate Students: [email protected] (for all postgraduate students)

UNIT OVERVIEW Nature of the unit This unit aims to introduce students to personal injuries compensation schemes available in Victoria for workplace and transport accidents, namely the Accident Compensation Act 1985 (Vic) and the Transport Accident Act 1986 (Vic). These schemes govern a large and ever-growing area of litigation and alternative dispute resolution practice and, accordingly, a knowledge of the operation of these schemes is necessary for legal practitioners to properly advise clients on their rights and remedies or liabilities. This unit will provide students with a sound understanding of the relevant legislation, particularly regarding entitlements to no-fault compensation benefits and common law relief.

Learning objectives On completion of the unit students should be able to: 1. understand the history and rationale of no-fault compensation generally and particularly in Victoria 2. understand the framework and procedures for making claims under the Accident Compensation Act 1985 (Vic) and the Transport Accident Act 1986 (Vic) for workplace and motor vehicle accidents in Victoria

24 September 2012

Page 2 of 14

Deakin University, Faculty of Business and Law MLL315 - Personal Injuries Compensation Schemes 2012 / Trimester 3 3. identify and understand entitlements to the different types of no-fault compensation under the legislation 4. identify and understand entitlements to common law damages under the legislation 5. understand and identify the differences and complementarities of no-fault compensation and common law damages under the legislation 6. identify and apply the provisions of this legislation to hypothetical and factual scenarios 7. understand and identify the significance of appropriate dispute resolution (ADR) in the context of these schemes.

Prerequisites MLL213

Corequisites Incompatible units Content/Topics covered

1. 2. 3. 4. 5. 6. 7. 8. 9.

Introduction to the Accident Compensation Act 1985 (Vic) Entitlement to compensation under the Accident Compensation Act 1985 (Vic) Compensation payments under the Accident Compensation Act 1985 (Vic) Common law damages under the Accident Compensation Act 1985 (Vic) Introduction to the Transport Accident Act 1986 (Vic) Entitlement to compensation under the Transport Accident Act 1986 (Vic) Compensation payments under the Transport Accident Act 1986 (Vic) Common law damages under the Transport Accident Act 1986 (Vic) Interaction between the Accident Compensation Act 1985 (Vic), Transport Accident Act 1986 (Vic), and other schemes 10. Alternative dispute resolution (ADR) in relation to the Accident Compensation Act 1985 (Vic) and the Transport Accident Act 1986 (Vic).

Graduate knowledge and understanding, skills and attributes The University aims to ensure that its higher education awards provide educational experiences designed to develop attributes (including skills, knowledge and attitudes) appropriate to the discipline area and level of the award, which will support graduates in their future personal and professional life and contribution to society.

This unit contributes to the following attributes: Knowledge and understanding, Skill or Attitude

Linked Learning Objective(s)

Understanding of, and the ability to work with, a systematic body of knowledge, appropriate to the focus and level of the qualification based on the highest standards of scholarship and research

1, 2, 3, 4, 5, 6, 7, 8

Where research is undertaken: ability to initiate and formulate viable and relevant research questions

1, 7, 8

Where research is undertaken: contribution to new knowledge, or an original interpretation and application of existing knowledge

1, 7, 8

24 September 2012

Page 3 of 14

Deakin University, Faculty of Business and Law MLL315 - Personal Injuries Compensation Schemes 2012 / Trimester 3 Where research is undertaken: understanding of the social, economic and cultural impact and application of their research, and its academic relevance and value

1, 2, 3, 4, 5, 6, 7, 8

Understanding of the professional, social, economic and cultural contexts of the discipline and related fields

1, 2, 3, 4, 5, 6, 7, 8

Awareness of ethical issues, social responsibility and cultural diversity

1, 7, 8

Awareness of environmental sustainability issues and the contribution of the field of N/A study to address such issues Understanding and appreciation of international perspectives in a global environment

1, 7, 8

Critical analysis, problem solving, and creative thinking

1,2,3,4,5,6,7,8

Identifying, gathering, evaluating and using information

1, 2, 3, 4, 5, 6, 7, 8

Communicating effectively and appropriately in a range of contexts

5, 6, 7, 8

Developing, planning and managing independent work

1, 2, 3, 4, 5, 6, 7, 8

Working effectively as part of a team

N/A

Effectively using information and communication technologies

1, 2, 3, 4, 5, 6, 7, 8

Applying knowledge learned in the program to new situations

6, 7, 8

Learning approach and activities This unit is offered on campus (Burwood) and off campus in Trimester 3, 2012. Recordings of lectures will be posted to DSO via iLecture. The lecturer will be available on DSO to assist students with any queries or comments that they have regarding academic matters arising from the teaching and learning materials, and to assist students with answering problem-based questions relating to the unit.

Student evaluation and unit changes We take your feedback and evaluation very seriously and at the end of this unit you are strongly encouraged to complete the Student Evaluation form. Information about this is located at www.deakin.edu.au/unit_eval This unit was taught for the first time in T3 2011, and the following changes have been made following student feedback: 1. The Written Assignment has been modified in its: a) first part by replacing the reflective paper with a case report; and b) second part by replacing the research paper discussing theoretical rationale versus practical applications, with a problem-style paper. 2. The Examination will be two hours rather than one and a half hours, following student feedback.

LEARNING RESOURCES Prescribed textbook(s) and other resources which you must acquire or to which you must have access Prescribed text: There is no prescribed text for this unit, for the reason that there is no up-to-date text book on the subject matter contained in this unit. Students should obtain copies of the following pieces of legislation, either by downloading from 'Victorian

24 September 2012

Page 4 of 14

Deakin University, Faculty of Business and Law MLL315 - Personal Injuries Compensation Schemes 2012 / Trimester 3 Law Today' (http://www.legislation.vic.gov.au/) or purchasing from the Victorian Government Bookshop, Level 20, 80 Collins Street, Melbourne VIC 3000: 1. Accident Compensation Act 1985 (Vic) latest reprint; and 2. Transport Accident Act 1986 (Vic) latest reprint. Representative references: CCH Wolter Kluwer, Australian Workers Compensation Commentary online database, available from Deakin University library. This online database is dedicated to workers' compensation in all Australian jurisdictions with a section on 'General Concepts'. It also contains a section relevant to the Victorian Accident Compensation Act 1985 (Vic) specifically called 'Victorian Accident Compensation Commentary'. Within this Victorian section, there is a small section at para 60-000 devoted to the Transport Accident Act 1986 (Vic) called 'Transport Accidents'. Paul Mulvany and John Typaldos, ‘Chapter IX: Victoria’, ¶450 ‘Workers’ Compensation’, in Halsbury’s Laws of Australia (LexisNexis) online database, available from Deakin University library. Peter Burt, Clare Davies, and Robert Burdeu, ‘Chapter 3.8: Claims under the Transport Accident Act’, in Lawyers Practice Manual (Vic) online database, available from Deakin University library. Michael J Lombard, Marquis, and Walsh-Buckley, Motor and Traffic Law Victoria, 2 vols (Sydney: Butterworths, 2000). This is a looseleaf service contained in the REFERENCE section of the Deakin University Library (not for loan). It is useful for history and concepts, but is now out of date (latest update 2000). Textbooks, reference books, general books and software may be ordered from the DUSA Bookshop: ph 1800 686 681 (freecall) email to [email protected] or order online from the DUSA Bookshop web site at http://www.dusabookshop.com.au

Learning resources provided by the University The learning resources listed in the table below are provided to you in at least one form free of charge. Availability Printed CD-Rom Online

Resource

Description

Study Guide

This provides a topic-by-topic guide to the unit.

x

Readings

The readings that students are expected to prepare for each topic are set out in the Study Guide, including cases, extracts from commentaries and books, and journal articles. Where these resources are not available online via the Deakin University Library, copies will be posted on D2L.

x

Suggested answers

Factual problems relevant to the materials will be provided on D2L and suggested answer outlines will be provided subsequently on D2L.

x

Videos

N/A

Resources available in printed form or on CD-Rom are provided as follows: Students enrolled in an on-campus unit:

24 September 2012

Page 5 of 14

Deakin University, Faculty of Business and Law MLL315 - Personal Injuries Compensation Schemes 2012 / Trimester 3 If a CD-Rom is available for a unit, it will be provided free of charge. The CD-Rom will be distributed in class, during the first week of the trimester. Printed resources are available to purchase from the DUSA Bookshop. They are also made available to borrow from the library. Students enrolled in an off-campus / online unit: Any resources available are provided to you free of charge and will be mailed to you. If you do not receive your materials please contact the Course Materials Hotline. Printed resources are also made available to borrow from the library. Students enrolled in an online unit: If a CD-Rom is available for a unit, it will be provided free of charge and will be mailed to you. If you do not receive your materials please contact the Course Materials Hotline. Printed resources are available to purchase from the DUSA Bookshop. They are also made available to borrow from the library. Students enrolled on-campus at an overseas partner institution: Any resources available are provided to you free of charge. Please contact your Deakin Course Administrator to obtain your materials. DUSA Bookshop: Order online via the DUSA Bookshop website: http://www.dusabookshop.com.au; or Email: [email protected] Course Materials Hotline: Phone: 1800 686 681 (freecall within Australia) / +61 3 9244 6333 (Melbourne) / +61 3 5227 2333 (Geelong) / +61 3 5563 3333 (Warrnambool); or Email: [email protected]

Further essential resources which you must acquire or to which you must have access You will require online access. University specifications for online communication and computer standards are listed in the University Handbooks. Other resources that you may find useful The Deakin Software Library provides students with access to software that you may need or find useful for your study at Deakin.

Deakin University Library Many of the resources you need to successfully complete your assignments are online, so you can access them on campus, at home or at work – any day, any time – via your computer, laptop or phone. You can access unit e-readings, academic journals, e-books, subject databases and websites that contain quality information through the Library Resources area of this unit on DSO, and the Library website. These resources give you a distinct advantage with your assignments. Visit the Library in person for more great resources, including comfortable contemporary study spaces, bookable group rooms, wifi, computers and expert Library staff. Access quality recommended academic journals, databases, e-readings and websites through Library

24 September 2012

Page 6 of 14

Deakin University, Faculty of Business and Law MLL315 - Personal Injuries Compensation Schemes 2012 / Trimester 3 Resource Guides http://deakin.libguides.com/ Connect with your Liaison Librarian and help services - in person, online or phone- saving you valuable research time http://www.deakin.edu.au/library/help/index.php Access the mobile-friendly library catalogue and key resources http://m.library.deakin.edu.au

ASSESSMENT Assessment name

Written A ssi gnment

Examination

Weight Due date

Brief description

Linked learning objective(s)

40%

21 December 2012

3,000 words (excluding footontes and bibliography) assignment. This assignment will comprise two parts: 1. Case report of 750 words on an alternative dispute resolution or litigation process that the student has attended or observed; and 2. Problem-style paper of 2,250 words dealing with a hypothetical factual scenario relating to topics 1 to 6.

1, 2, 7, 8

60%

Examination period. It is your responsibility to determined the date...