78271 Special Topics in Elder Law
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. 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 explore in depth the complex 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. Current areas of law reform are critically analysed. The subject features practical workshops and expert guest presentations.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Apply advanced and integrated knowledge of complex areas of Australian law to the needs and rights of older people; |
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| 2. | Think critically, strategically and creatively to consider the impacts of laws and practices on the autonomy, dignity and right to self-determination of older people; |
| 3. | Apply reasoning and research to generate and justify options for law reform to respond to problems in an ageing society; |
| 4. | Identify and respond with professional judgment to ethical and professional responsibility issues that may arise in interactions with older people who experience impaired decision-making capacity. |
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
An advanced and integrated understanding of a complex body 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 principles and values of justice and ethical practices in lawyers' roles;
d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
e. Contemporary developments in law and its professional practice. (1.1) - Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making;
b. An understanding of the rules of professional responsibility;
c. An ability to reflect upon and respond to ethical challenges in practice;
d. A developing ability to engage in the profession of law and to exercise professional judgment; and
e. An ability to reflect on and engage constructively with diversity in practice. (2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
Teaching and learning strategies
Strategy 1: Student preparation
Students complete assigned readings and other preparatory activities prior to attending seminars. The Learning Guide on Canvas will provide subject sources, such as book chapters, legislative extracts, court/tribunal decisions, government reports, scholarly articles, investigative journalism reports and other media sources. Subject 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
- Capacity and Capacity Assessment
- Decision Making for People with Impaired Capacity
- Advance Personal Planning
- 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: 1.1, 2.1 and 3.1 |
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| Weight: | 20% |
| Length: | Equivalent to 1,000 words |
| 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: 1.1, 2.1 and 3.1 |
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| Weight: | 30% |
| Length: | 2000 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: 1.1, 2.1 and 3.1 |
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| Weight: | 50% |
| Length: | 2500 words |
| Criteria: |
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