76093 Elder Law
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70102 Foundations of Law OR 70120 Legal Method and Research
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
Elder law is a rapidly growing area of legal practice. Australia's population is ageing and more people are living longer with chronic illnesses, including dementia and other cognitive impairments. In this subject, students learn about the legal needs and rights of older people, with a focus on health, justice and inclusion in society. Topics include planning for future incapacity, elder abuse, medical decision-making and age discrimination. The subject features practical workshops and expert guest presentations. It invites students to consider and reflect on the role of lawyers in advocating and working collaboratively with older people and other professionals in the area of elder law reform.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Understand and explain key areas of Australian law relevant to the needs and rights of older people; |
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| 2. | Critically consider the impacts of laws and practices on the autonomy, dignity and right to self-determination of older people; |
| 3. | Analyse and justify options for law reform to respond to problems in an ageing society; |
| 4. | Identify and respond appropriately to ethical and professional responsibility issues that may arise in interactions with older people who experience impaired decision-making ability. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Student preparation
Students complete assigned readings and other preparatory activities prior to attending seminars. The Learning Guide on UTS Online will provide subject sources, such as book chapters, legislative extracts, court/tribunal decisions, government reports, scholarly articles, investigative journalism reports and other media sources. Course sources are identified for each class and key questions for reflection must be engaged with prior to class. Preparation enables students to engage in class discussion and to ask questions of the lecturer and expert guests. Students also engage in independent research and reflection by following up on topics discussed in class and, in this way, integrate their learning in each topic.
Strategy 2: Participation in Class
The subject is delivered using a seminar-style format. This includes delivery of content via seminars, interactive learning, student participation and discussion. Expert guests are invited to share their knowledge and experience.
The interactive seminars will include a range of practical learning opportunities, including discussions, debates and problem questions/scenarios that involve explaining, applying, and critiquing current law and proposals for reform.
Class discussions provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own policy and regulatory positions. Students will be able to gain valuable feedback from their colleagues and the teacher and at the same time develop a sense that solutions can be discerned by collaborative exchanges.
Strategy 3: Engaging with experts and current issues
Students explore current law reform and professional practice issues concerning the legal rights and vulnerabilities of older people. Students will consider relevant governmental inquiries and law reform commission investigations into topics that affect older Australians, including elder abuse, guardianship, and aged care. Ethical and professional responsibility issues are explored in workshop sessions with guest experts. For example, students participate in a workshop on identifying and managing decision-making issues for older clients who experience cognitive impairment due to dementia or other conditions.
Strategy 4: Feedback
Ongoing feedback comes from a variety of sources including: from colleagues in the class who respond to a student’s contribution either in the class or on Canvas; the teacher in response to written assignments; and from a student’s own reflection. Students will receive early formative feedback from their colleagues and can also monitor their own progress.
Subject Delivery: This subject is delivered by weekly interactive seminars
Content (topics)
- Introduction to Elder Law
- The Older Person, Ageing Societies, and the Legal and Policy Context
- Advance Personal Planning
- Capacity and Capacity Assessment
- Decision Making for People with Impaired Capacity
- End of Life
- Aged Care and Accommodation
- Elder Abuse
- Age Discrimination
- Health Justice Partnerships in Elder Law
Assessment
Assessment task 1: Seminar participation
| 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: LAW.1.1, LAW.2.1 and LAW.3.1 |
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| Weight: | 20% |
| Length: | Weekly preparation, attendance and engagement. |
| Criteria: |
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Assessment task 2: Written reflection
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 30% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 3: Law reform essay/submission
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1, LAW.3.1 and LAW.5.1 |
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| Weight: | 50% |
| Length: | 2,500 words |
| Criteria: |
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Recommended texts
HIGHLY RECOMMENDED:
Sue Field, Karen Williams and Carolyn Sappideen (eds), Elder Law: A Guide to Working with Older Australians (Federation Press, 2018).
OPTIONAL ALTERNATIVES: There are two other, more technical textbooks on Elder Law now available:
Rodney Lewis, Elder Law in Australia (Lexis Nexis, 2nd ed, 2011)
Richard McCullagh, Australian Elder Law: Accommodation, Agency and Remedies in Australia (Thomson Reuters, 2018)