Unit rationale, description and aim

Criminology is the study of crime and criminals, while public law provides the constitutional and institutional framework for criminal justice system which includes making, reforming, and enforcing laws and policies. Criminology students need to understand this framework to analyse and interpret crime-related data, policies, and practices effectively. 


This unit introduces students to the common law and constitutional origins of Australian government institutions, the legal and conventional foundations of Australian Public Law, and the constitutional principles  that circumscribe  the exercise of public power in Australia. It explores the link between rule of law, criminal justice system and protection of human rights. This unit therefore provides students with a sound basis for understanding the sources of public law in Australia and the structure and players in the criminal justice system. It also equips students with an understanding of public international law, and it impacts in Australia.On completion of this unit, students should have a sound introductory knowledge of the law and the practice of government in Australia and a capacity to communicate this understanding clearly and critically.


2026 10

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  • Semester 2Campus Attendance
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  • Semester 2Campus Attendance

Prerequisites

Nil

Incompatible

LAWS107 Introduction to Australian Public Law , LAWD107 Introduction to Australian Public Law

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Identify and describe the relationship between pub...

Learning Outcome 01

Identify and describe the relationship between public law, criminology, and human rights
Relevant Graduate Capabilities: GC1, GC8, GC12

Explain how public law works in international and ...

Learning Outcome 02

Explain how public law works in international and Australian contexts, including the Constitution, separation of powers, the rule of law, parliamentary functions, and the protection of human rights and analyse how legal and institutional structures shape the public law system
Relevant Graduate Capabilities: GC2, GC5, GC7, GC8, GC9, GC11

Analyse the roles of the executive and judiciary, ...

Learning Outcome 03

Analyse the roles of the executive and judiciary, examine accountability mechanisms for human rights, and evaluate their impact on individuals and society
Relevant Graduate Capabilities: GC2, GC5, GC7, GC8, GC9, GC11

Content

Topics will include:

1. Why Public Law for Criminology and Human Rights Students

2. Concepts of Public Law

3. Australian Constitution and Protection of Human Rights 

4. Criminal Justice and Rule of Law 

5. Separation of Power 

6. Law Making and Law Reform 

7. Law Enforcement 

8. Adjudication and Sentencing 

9. Institutional Framework of Detention and Correction  

10. Administration of Juvenile Justice

11. Police and Power  

12. International legal frameworks of Public International law


Assessment strategy and rationale

Assessment is an integral part of the learning process. This unit is assessed by three assignments, outlined below. Assessment tasks in this unit are aimed at measuring and developing student’s achievement of both the learning outcomes and graduate attributes noted above. 

To pass this unit, students must demonstrate achievement in all learning outcomes and obtain an aggregate mark of at least 50%.

Overview of assessments

Assessment Task 1 Communication and Engagement St...

Assessment Task 1 Communication and Engagement

Students are required to participate in skills-based tutorials, as the development of skills in locating, referencing, and analysing research materials is enhanced through consistent attendance and active engagement. Student performance will be assessed using a rubric.


Weighting

15%

Learning Outcomes LO1, LO2, LO3
Graduate Capabilities GC1, GC2, GC5, GC7, GC8, GC9, GC11, GC12

Assessment Task 2 In-Class Assessment This in-cl...

Assessment Task 2 In-Class Assessment This in-class assessment requires students to complete the task individually, in written format, within a supervised environment and without access to unauthorised materials or external assistance. The real-time format allows students to demonstrate their genuine understanding of public law, engage in authentic problem-solving, and apply legal reasoning independently, ensuring the work reflects each student’s own abilities.

Weighting

40%

Learning Outcomes LO1, LO2
Graduate Capabilities GC2, GC5, GC7, GC8, GC9, GC11

Assessment Task 3: Research Essay This task...

Assessment Task 3: Research Essay

This task requires students to demonstrate their ability to research and critically discuss contemporary and/or emerging issues in public law and human rights through a formally structured written submission.

Weighting

45%

Learning Outcomes LO2, LO3
Graduate Capabilities GC2, GC5, GC7, GC8, GC9, GC11

Learning and teaching strategy and rationale

This unit will be taught as 12 x 2-hour lectures followed by a 1-hour tutorial. Our strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop skills that bridge the gap between theory and practice. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin the process of exploration, which will be followed by detailed explanations and further investigation in tutorials. Through direct interaction between students and teachers, students are encouraged to engage in critical analysis of the foundational knowledge they acquire; to test that knowledge by applying it to factual situations; and to reflect on their learning. Each component is intended to build on knowledge and skills and progressively scaffold student learning. 

  

The online learning platforms used in this unit provide multiple preparatory and practice opportunities to guide in-class and out-of-class study. Technology assistance in the form of online learning resources, notices, and assessment information (including online submission, marking, and return of results/feedback), is student-focused, affording greater accessibility and flexibility to the learning experience. 

ACU Online 

This unit uses an active learning approach to support students in the exploration of knowledge essential to the discipline. Students are provided with choice and variety in how they learn. Students are encouraged to contribute to asynchronous weekly discussions. Active learning opportunities provide students with opportunities to practice and apply their learning in situations similar to their future professions. Activities encourage students to bring their own examples to demonstrate understanding, application and engage constructively with their peers. Students receive regular and timely feedback on their learning, which includes information on their progress.


Representative texts and references

Representative texts and references

Donnelly, J. (2024). Immigration detention in Australia: the constitutional incompatibility of the Migration Act’s definition and its practical implications. Griffith Law Review, 33(1), 89–103. https://doi.org/10.1080/10383441.2024.2428046

Appleby, G. (2023). Australian public law (M. Davis, D. Lino, & A. Reilly, Eds.; Fourth edition.). Oxford University Press.

Campesi, G. (2020). Genealogies of Immigration Detention: Migration Control and the Shifting Boundaries Between the ‘Penal’ and the ‘Preventive’ State. Social & Legal Studies, 29(4), 527–548. https://doi.org/10.1177/0964663919888275.

Birch, P., Kennedy, M., & Kruger, E. (Eds.). (2020). Australian policing : critical issues in 21st century police practice . Routledge. https://doi.org/10.4324/9781003028918.

Behrendt, L. (2019). Aboriginal and Torres Strait islander legal relations (C. Cunneen, T. Libesman, & N. Watson, Eds.; Second edition.). Oxford University Press Australia.

Weber, L., Fishwick, E., & Marmo, M. (Eds.). (2017). The Routledge international handbook of criminology and human rights. Routledge.

Clark, D. (2016). Introduction to Australian public law (Fifth edition.). LexisNexis Butterworths.

Fiske, L. (2016). Human Rights, Refugee Protest and Immigration Detention (1st ed. 2016.). Palgrave Macmillan UK ; Imprint Palgrave Macmillan. https://doi.org/10.1057/978-1-137-58096-2

Broadhurst, R., & Davies Sara. (2012). Policing in context : an introduction to police work in Australia (R. G. Broadhurst & S. E. Davies, Eds.). Oxford University Press.

Stubbs, M. T. (2006). Arbitrary Detention in Australia: Detention of Unlawful Non-Citizens under the Migration Act 1958 (Cth). Australian Year Book of International Law, 25(1), 273–308. https://doi.org/10.1163/26660229-025-01-900000010

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