University of Sydney Handbooks - 2012 Archive

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Resolutions of the Faculty

 

Resolutions of the Faculty of Law for coursework awards


These resolutions apply to all undergraduate and postgraduate coursework award courses in the Faculty, unless specifically indicated otherwise. Students enrolled in postgraduate research awards should consult the resolutions for their course. These resolutions must be read in conjunction with applicable University By-laws, Rules and policies including (but not limited to) the University of Sydney (Coursework) Rule 2000 (the 'Coursework Rule'), the resolutions for the course of enrolment, the University of Sydney (Student Appeals against Academic Decisions) Rule 2006 (as amended) and the Academic Board policies on Academic Dishonesty and Plagiarism.
In the context of these resolutions, "postgraduate" refers to Advanced Learning and Professional Master's degrees and Graduate Diplomas. It does not refer to the Juris Doctor which is identified by name where appropriate.

Part 1: Course enrolment

1 Enrolment restrictions

(1)
Except with the permission of the Dean, a student may not enrol in units of study with a total value of more than 24 credit points per semester. Further to this, undergraduate and Juris Doctor students may not enrol in more than 12 credit points in the summer session or 6 credit points in the winter session.
(2)
Units of study in excess of a student's award course requirements will be taken on a full fee, non-award basis. For undergraduate and Juris Doctor students the results from these non-award units will not be included in the calculation of the WAM.

2 Time limits

(1)
A full-time student must complete all requirements for a master's degree no more than three years and no less than one year from first enrolment. A part-time student must complete all requirements for a master's degree no more than six years and no less than two years from first enrolment.
(2)
A full-time student must complete all requirements for a graduate diploma no more than two years and no less than six months from first enrolment. A part-time student must complete all requirements for a graduate diploma no more than three years and no less than one year from first enrolment.
(3)
A student must complete all requirements for the Juris Doctor degree within ten calendar years from first enrolment.
(4)
A student must complete all requirements for a bachelor's degree (including combined degrees) within ten calendar years from first enrolment.
(5)
Periods of suspension, exclusion or lapsed candidature will be added to maximum completion times except that no completion time will exceed 10 years from first enrolment.
(6)
Credit will not be granted for previous studies older than 10 years at the time of first enrolment.
(7)
If a postgraduate student is admitted with credit, the Faculty will determine a reduced time limit for completion of the award course.

3 Suspension, discontinuation and lapse of candidature

The Coursework Rule specifies the conditions for suspending or discontinuing candidature, and return to candidature after these events. The Rule also defines the circumstances when candidature is deemed to have lapsed. Students should pay careful attention to the significant dates in these processes and their effect on results and financial liability. Students should refer to the relevant course resolutions for further detail on the criteria for approving suspensions of candidature.

4 Credit for previous study

(1)
The Coursework Rule specifies the general conditions for the granting of credit for previous study to courses in this faculty. Advice regarding the granting of credit for undergraduate courses and the Juris Doctor can be found in the relevant course resolutions.
(2)
Postgraduate students who have previously completed units of study in the Faculty on a non-award basis may have up to 12 credit points credited towards their postgraduate course requirements.

Part 2: Unit of study enrolment

5 Details on Units of Study

(1)
All units will be offered as either one semester in duration or in intensive mode. An undergraduate unit will require 39 hours of tuition, a Juris Doctor unit will require 39 hours of tuition for core units and between 26 and 39 hours for electives, and a postgraduate unit will require approximately 26 hours of tuition.
(2)
Undergraduate and Juris Doctor students must satisfy the Jurisprudence requirement of their award courses by successfully completing an elective from the relevant Jurisprudence table (Part 2 of the Undergraduate Table and Part C of the Juris Doctor Table). A unit is included in the Jurisprudence tables if theoretical reflection on law as such is its primary goal.

6 Postgraduate students enrolling in units of study other than those specified for their course

(1)
The Dean may permit postgraduate students to enrol in postgraduate law units of study outside the table of units specified for their course. A maximum of 12 credit points for master's students and 6 credit points for graduate diploma students may be permitted, subject to the student demonstrating:
(a)
that they have the relevant academic or professional background to undertake the unit(s);
(b)
the relevance of the unit(s) to their studies.
(2)
Postgraduate students cannot undertake more than 50% of their course requirements from units of study outside the table of units specified for their course. This includes credit for previous studies and units completed on a cross-institutional basis.

7 Postgraduate students enrolling in Juris Doctor units of study

(1)
Postgraduate students may, with the permission of the Dean, enrol in one designated Juris Doctor unit for credit towards the elective requirements of their award course subject to the following conditions:
(a)
The unit of study would enhance their area of specialisation or otherwise contribute to their program of postgraduate learning. Approval will not be granted where a suitable unit is taught within the postgraduate program.
(b)
Students may not enrol in the unit of study, Foundations of Law, or equivalent unit.
(2)
Students will be required to comply with any alternative assessment requirements imposed (normally including a research paper representing no less than 60% of the assessment requirements for the unit of study).

8 Cross-institutional study

The Dean may permit a student to complete a unit of study at another recognised institution and have that unit credited to the student's course requirements. Cross-institutional study is available subject to the following terms, unless specified in the course resolutions:
(a)
the unit of study is not used to satisfy any compulsory requirement; and
(b)
the unit of study content is not taught in any corresponding elective unit of study in the Faculty; or
(c)
the student is unable, for good reason, to attend a corresponding unit of study in the Faculty; and
(d)
the unit of study is taught in English at the required level and offered as part of an equivalent award course at the other institution;
(e)
the unit of study is substantially equivalent in the number of face-to-face teaching hours and in assessment requirements as to units offered by the Faculty. Permission cannot be granted for units conducted on a 'distance' or online basis.
(d)
the results from the cross-institutional unit(s) will not be included in the calculation of a student's WAM.

9 International exchange

(1)
The Faculty encourages undergraduate and Juris Doctor students to participate in international exchange programs.
(2)
The following conditions apply:
(a)
Undergraduate and Juris Doctor students are only eligible to undertake a law exchange in their final year;
(b)
Students are not permitted to undertake more than one semester on exchange;
(c)
Students are not permitted to undertake any of their compulsory requirements, including Jurisprudence, on exchange;
(d)
Results from the exchange will not be included in the calculation of a student's WAM.

Part 3: Studying and assessment

10 Assessment guidelines

(1)
Undergraduate:
(a)
It is expected that the assessment regime of each unit of study will include more than one form of assessment, or at least the option of a second form of assessment.
(b)
The total number of words for a 100% essay/written work is 6000.
(c)
In cases where an exam is 100% of assessment it should not exceed 2 hours, unless circumstances justify a variation.
(d)
"Free form" class participation must not amount to more than 10% of total assessment, but "structured class participation" may be weighted more heavily. A mark will not be assigned for free-form class participation where class size exceeds 25.
(d)
Jointly assessed work is not encouraged, but when permitted may not exceed 30% of total assessment.
(2)
Juris Doctor:
(a)
The assessment regime of each unit of study should include more than one form of assessment, or at least the option of a second form of assessment.
(b)
The total number of words for a 100% essay/written work is 6000.
(c)
Exams should not exceed 2 hours, unless circumstances justify a variation which has been approved by the Pro-Dean.
(d)
"Free form" class participation must not amount to more than 10% of total assessment, and a mark cannot be assigned where class sizes exceed 25.
(e)
"Structured class participation" (for example class presentations), may be weighted more heavily.
(f)
Jointly assessed work is not encouraged and must be approved by the Pro-Dean, and must not exceed 30% of total assessment.
(3)
Postgraduate: please refer to individual unit outlines.

11 Attendance

(1)
Students are required to attend a minimum of 70% of timetabled activities for a unit of study. Participation in a minimum number of assessment items or days of class may be included in the requirements specified for a unit of study. The Dean may determine that a student fails a unit of study or is excluded from sitting the final examination because of unsatisfactory attendance.

(2)
In the case of serious illness, injury or misadventure, a student may have their attendance requirement reduced or waived by the relevant lecturer, subject to the student meeting all assessment requirements and providing satisfactory supporting documentation.
(3)
Students are required to be in attendance at the correct time and place of any formal or informal examinations. Non-attendance on any grounds insufficient to claim special consideration will result in the forfeiture of marks associated with the assessment.

12 Late submission policy

(1)
It is expected that, unless an application for special consideration has been approved, students will submit all assessment for a unit of study on the due date specified. If an extension has been granted and the assessment is submitted within the period of extension, no academic penalty will be applied to that assessment task.
(2)
If an extension is either not sought, not granted or is granted but work is submitted after the extended due date, the relevant lecturer may not accept the work. A retrospective extension will only be granted in special circumstances, and will take into account not only the reasons why the work was late, but also why the request was late.
(3)
The following penalty applies, unless a different regime is set out in the unit outline:
The late submission of an assessment which has not been granted an extension will attract a penalty of 10% of the total marks allocated to that assessment per calendar day or part thereof.
(4)
All penalties will be enforced as consistently as possible. If the application of the penalty is to result in an overall fail grade for a unit of study, lecturers retain discretion to review the whole of a student's performance and all of the circumstances in deciding whether or not to award a bare pass. Lecturers may set a deadline after which no work will be accepted, which is normally the date they intend to return the marked assessment to students.

13 Word limit policy

(1)
The total word count for essays/written work should exclude the bibliography, footnote numbers and footnote citations, but discursive footnotes and quotations are included.
(2)
In undergraduate and Juris Doctor units of study, an assessment which exceeds the word limit will attract a penalty of 10% of the total marks allocated to that assessment for every 100 words (or part thereof) over the limit (unless a different regime is set out in the unit outline or assessment instructions). Postgraduate students should refer to individual unit outlines.

14 Special consideration for illness, injury or misadventure

(1)
Special consideration is a process that affords equal opportunity to students who have experienced circumstances that adversely impact their ability to complete an assessment task in a unit of study. The Coursework Rule provides full details of the University policy. The Faculty's policies and procedures for applying for special consideration are described on the Faculty website and in unit of study outlines.
(2)
When a student experiences serious illness, injury, or misadventure that affects their ability to participate in assessment items, they may complete an application for special consideration. When the circumstances are so severe as to make completion of the unit(s) of study impossible, it may be more appropriate for the student to apply to discontinue from the units with permission.
(3)
If a student disagrees with the outcome of an application for special consideration they should follow the steps outlined in the policy for appeals against academic decisions.

15 Concessional pass

In this faculty, the grade PCON (Concessional Pass) is not awarded.

16 Re-assessment

(1)
The Faculty does not offer opportunities for reassessment other than on the grounds of approved special consideration. However, at the discretion of the Dean, an undergraduate or Juris Doctor student may be offered a supplementary exam if they have met all of the following conditions:
(a)
the student has failed no more than one unit of study; and
(b)
the unit is a compulsory unit of study; and
(c)
the unit of study was undertaken in what would otherwise be the student's final semester.
(2)
All supplementary exams will be taken within two weeks of the release of marks.

Part 4: Progression, results and graduation

17 Satisfactory progress

(1)
The Faculty will monitor students for satisfactory progress towards the completion of their award course. Under the University's Student Academic Progression policy, the Faculty aims to identify students at academic risk; alert them to their status; provide assistance to these students; and track their progress once identified.
(2)
In this faculty, a student will be deemed not to have made satisfactory progress in any semester for the following reasons:
(a)
they do not successfully complete 50 percent or more of the credit points for which they were enrolled;
(b)
they fail a unit of study more than once;
(c)
they fail to meet progression requirements as listed in the course resolutions.
(3)
Undergraduate and Juris Doctor students who are granted a DNF will be deemed to have made an unsuccessful attempt at the unit of study. This will be taken into account when determining whether a student has made satisfactory progress.

18 Weighted Average Mark (WAM)

(1)
The Weighted Average Mark is used by the University as one indicator of performance. In this faculty the University WAM is used to determine eligibility for prizes and scholarships; admission to honours; and to calculate a final graduating rank for undergraduate and Juris Doctor students.
(2)
The WAM is calculated on results obtained at the University of Sydney only. Units which have been credited from other law schools, or units undertaken on a student exchange program, will not be included in the WAM calculation.
(3)
The University WAM is calculated using the following formula:
 
WAM =  
sum(Wc x Mc)  
sum(Wc)
Where Wc is the unit of study credit points x the unit weighting and Mc is the mark achieved for the unit. Units of study with a result of Absent Fail (AF) or Discontinue - Fail or (DF) are assigned a mark of zero, for the purpose of the WAM calculation. Units of study assessed on a pass/fail basis are not counted.
(4)
The weight of a unit of study is assigned by the owning faculty. In this faculty units are weighted with a value of one.

Part 5: Other

19 Special Permission

The Dean may vary these resolutions for a particular student in exceptional circumstances.

20 Delegation of authority

In these Resolutions there is provision for the Dean to authorise specific functions in respect of individual students' candidatures. In accordance with the Senate's policy on Delegations of Authority: Academic Functions, the Dean may authorise another person to exercise his or her delegation (or any part of it) as an agent.

21 Transitional provisions

(1)
These resolutions apply to students who commenced their candidature on or after 1 January, 2011.
(2)
Students who commenced prior to 1 January, 2011 will complete the requirements in accordance with the resolutions in force at the time of their commencement, provided that requirements are completed by 1 January, 2016. The Faculty may specify a later date for completion or specify alternative requirements for completion of candidatures that extend beyond this time.

Professor Gillian Triggs
Dean of the Faculty of Law