Australian Catholic University and the Thomas More Law School (TMLS) strongly supports the right of all people to pursue a Bachelor of Laws and its related Honours and double degrees.

Inherent requirements are the essential components of a course or unit that demonstrate the abilities, knowledge and skills to achieve the core learning outcomes of the course or unit, while preserving the academic integrity of the University’s learning, assessment and accreditation processes. The inherent requirements are the abilities, knowledge and skills needed to complete the course that must be met by all students.

Students with a disability or chronic health condition may be able to have reasonable adjustments made to enable them to meet these requirements.

The School is committed to making reasonable adjustments to teaching and learning, assessment, professional practice and other activities to enable students to participate in their course. Reasonable adjustments must not fundamentally change the nature of the inherent requirement.

The study of law in New South Wales and Victoria is governed by the requirements of the Legal Profession Uniform Admission Rules 2015. These rules require a minimum of the equivalent three years full time academic study in law. Further, the Rules set out the academic content and knowledge requirements that a student must acquire in order to pass the unit.

The basic requirements are set out in the Legal Profession Uniform Admission Rules 2015. The learning outcomes for each Law unit are described in the unit template and learning guide for the particular unit.

To support prospective and current students’ decision making, a series of inherent requirement statements have been developed. These statements specify the essential skills, knowledge and abilities required for the Bachelor of Laws. Students should use this information to make informed decisions about their chosen course of study.

If you are intending to enrol in the Bachelor of Laws/Bachelor of Social and Environmental Sustainability in the Thomas More Law School (TMLS), you should look at these inherent requirement statements and think about whether you may experience challenges in meeting these requirements. 

If you think you may experience challenges for any reason including a disability or chronic health condition, you should discuss your concerns with the TMLS staff, such as the Course Coordinator or campus Disability Advisor. These staff can work collaboratively with you to determine reasonable adjustments to assist you to meet the inherent requirements. In the case where it is determined that inherent requirements cannot be met with reasonable adjustments, University staff can provide guidance regarding other study options. 

These inherent requirements should be read in conjunction with other course information.

The inherent requirements are made up of the following five components: 

  • Level 1 - introduction to the inherent requirement 
  • Level 2 - description of the inherent requirement 
  • Level 3 - explanation of why this is an inherent requirement of the course 
  • Level 4 - the nature of any adjustments that may be made to allow you to meet the requirement 
  • Level 5 - examples of tasks you must be able to do to show you’ve met the requirement (in-class and clinical). The exemplars provided are not intended as an exhaustive list. 

Inherent requirement domains

Level

Inherent requirement statements

1

Law is a profession governed by competency standards, rules and codes of ethics, professional conduct and professional boundaries where Lawyers are both accountable and responsible for ensuring professional behaviour in all contexts.

2

Student demonstrates knowledge of, engages in, and understands the requirements of ethical behaviour.

3

Justification of inherent requirement:

  • Compliance with the codes, guidelines and policies facilitates safe, competent interactions and relationships for students and/or the people they engage with. This ensures the physical, psychological, emotional and spiritual wellbeing of the individual is not placed at risk

4

Adjustments must not compromise codes of conduct or result in unethical behaviour. Adjustments specific to the individual can be discussed with an Access and Disability Advisor.

5

Exemplars:

  • Complying with academic and non-academic misconduct policies.
  • Demonstrating honesty, and compliance with professional conduct rules, confidentiality requirements, rules of natural justice,professional etiquette, and procedural requirements.

Level

Inherent requirement statements

1

Behavioural stability is required to function and adapt effectively and sensitively in a demanding professional role

2

Student demonstrates the behavioural stability and resilience required to work constructively in a diverse and changing academic, professional, and placement environment.

3

Justification of inherent requirement:

  • Behavioural stability is required to work individually and in teams in changing, challenging and unpredictable environments. Law students will be exposed to emotionally challenging and intellectually demanding situations and human suffering and will be required to have the necessary behavioural and intellectual stability to manage these events objectively and professionally.

4

Adjustments must support effective and professional behaviour in academic, professional, and placement settings. Adjustments specific to the individual can be discussed an Access and Disability Advisor.

5

Exemplars:

  • Being perceptive, receptive and professional in responding appropriately to constructive feedback.
  • Coping with own emotions and behaviour effectively when dealing with individuals in academic, professional, and placement settings.

Level

Inherent requirement statements

1

Legal practice is mandated by specific legislation, rules, and codes of conduct to enable the professional delivery of legal service.

2

Student demonstrates knowledge and compliance with Australian Law, professional rules, codes of conduct, regulations, and scope of practice.

3

Justification of inherent requirement:

  • Knowledge, understanding, and compliance with legislative and regulatory requirements are necessary prerequisites to placements, courtroom settings, mediations and other negotiations in order to manage the risk of harm to self and others, as well as achieving learning outcomes.
  • Compliance with these professional regulations and the Australian Law ensures that students are professional, responsible and accountable for their practice.

4

Adjustments must be consistent with legislation, rules, codes of practice and regulatory requirements. Adjustments specific to the individual can be discussed with an Access and Disability Advisor.

5

Exemplars:

  • Complying with relevant child protection, and safety legislation.
  • Complying with legal requirements in relation to procedural requirements, including Statutory Declarations.

This course requires effective verbal, non-verbal and written communication

Verbal

Inherent Requirement Statement applicable to the following Law units:

LAWS313 Mooting and Advocacy; LAWS408 Alternative Dispute Resolution; LAWS411 The Phillip C Jessop Moot Seminar; LAWS414Advocacy.

Level

Inherent requirement statements

1

Effective and efficient verbal communication, in English, is an essential requirement to practice certain legal skills such as mooting, advocacy, mediation, arbitration, and negotiations.

2

Student demonstrates

  • The ability to understand and make verbal submissions accurately, appropriately and in a timely manner in practical skills setting such as mooting, advocacy, mediation, arbitration, and negotiations.

3

Justification of inherent requirement:

  • Certain legal practices including mooting, advocacy, mediation, arbitration, and negotiations are based on the ability to communicate orally in an accurate, appropriate and timely manner.

4

Adjustments for impaired verbal communication must address effectiveness, timeliness, clarity and accuracy issues. Adjustments specific to the individual can be discussed with an Access and Disability Advisor.

5

Exemplars:

  • Making and responding to verbal submissions in academic, professional, and placement settings including in mooting, advocacy, mediation, arbitration, and negotiations.

Non-verbal

Level

Inherent requirement statements

1

Effective non-verbal communication is fundamental to the legal profession and needs to be courteous, respectful, clear, attentive, empathetic, honest and non-judgmental.

2

Student demonstrates:

  • Capacity to recognise, interpret and respond appropriately to behavioural cues
  • Displays consistent and appropriate awareness of own behaviours
  • Responds with sensitivity to individual differences

3

Justification of inherent requirement:

  • The ability to observe and understand non-verbal cues assists with building rapport with people and gaining their trust and respect in academic and professional relationships
  • Displaying consistent and appropriate demonstrative behaviour being mindful of space, time boundaries and body movements and gestures promotes trust in academic and professional relationships
  • Being sensitive to individual differences displays respect and empathy to others and develops trusting relationships

4

Adjustments must enable the recognition, initiation of or appropriate response to effective non-verbal communication in a timely and appropriate manner. Adjustments specific to the individual can be discussed with the campus Disability Advisor.

5

Exemplars:

  • Recognising and responding appropriately in academic, professional, and placement discussions.
  • Recognising and responding appropriately to cues in professional and placement environments.to lecturers and fellow students in class.

Written

Level

Inherent requirement statements

1

Effective written communication in English is a fundamental to legal practice.

2

Student demonstrates ability to write coherently in English.

3

Justification of inherent requirement:

  • Receiving and accurately documenting clients instructions, and the construction of written text based assessment tasks to reflect the required academic standards, are necessary to convey knowledge and understanding of relevant subject matter, procedures and professional practice.
  • Accurate written communication, including e-mail, letter writing, record-keeping and client instructions and notes, is vital to provide consistent and professional client care.
  • Advocacy, mediation, arbitration and negotiations require the preparation of clear and precise documentation such as pleadings, affidavits, written submissions and position papers.

4

Adjustments must meet necessary standards of clarity, accuracy and accessibility to ensure effective recording and transmission of information in academic, clinical and placement settings. Adjustments specific to the individual can be discussed with an Access and Disability Advisor.

5

Exemplars:

  • Constructing academic works including essays, problem questions, quizzes, and reflections to appropriate academic standards.
  • Drafting legal documents to appropriate legal and professional standards.

This course requires knowledge of theory and the skills of cognition, literacy and numeracy.

Knowledge and cognitive skills

Level

Inherent requirement statements

1

Consistent and effective knowledge and cognitive skills must be demonstrated to provide safe and competent legal assistance and advice.

2

Student demonstrates

· Capacity to locate appropriate and relevant information

· Ability to process information relevant to practice

· Integrate and implement knowledge in practice

· Ability to understand the principles of the duty owed to the court and to the client

3

Justification of inherent requirement:

· Delivery of quality legal advice and being able to advocate and negotiate a client's case is based on comprehensive knowledge that must be sourced, understood and applied to enable the provision of best practice quality legal assistance.

4

Adjustments must ensure that a clear demonstration of knowledge and cognitive skills is not compromised or impeded. Adjustments specific to the individual can be discussed with and Access and Disability Advisor.

5

Exemplars:

· Ability to conceptualise and use appropriate knowledge in response to academic assessment items

· Applying knowledge of policy and procedures in the clinical and placement setting

Numeracy

Inherent Requirement Statement applicable to the following Law units:

LAWS108 Commercial Law; LAWS 200 Business Organisations; LAWS305 Legal Ethics and Professional Responsibility; LAWS306Taxation Law.

Level

Inherent requirement statements

1

Competent and accurate numeracy skills are essential for professional legal advice and effective client management.

2

Student interprets and correctly applies data, measurements and numerical criteria.

3

Justification of inherent requirement:

· Competent application of numeracy skills is essential in legal practice to ensure the quality of legal advice and assistance to clients, particularly in dealing with Trust and Control monies.

·

4

Adjustments must demonstrate a capacity to appropriately interpret and apply concepts and processes in a timely, accurate and effective manner. Adjustments specific to the individual can be discussed with an Access and Disability Advisor.

5

Exemplars:

· Demonstrating an understanding to complex commercial transactions that involve numeracy skills.

· Calculating entitlements to damages, compensation, interest or other monetary payments in litigation.

Level

Inherent requirement statements

1

Legal practice requires both physical and mental performance at a consistent and sustained level.

2

Student demonstrates:

  •  Consistent and sustained level of physical energy to complete a specific task in a timely manner and over time
  • The ability to perform repetitive activities with a level of concentration that ensures a capacity to focus on the activity until it is completed appropriately
  • The capacity to maintain consistency and quality of performance throughout the designated period of time.

3

Justification of inherent requirement:

  • Sufficient physical and mental endurance is an essential requirement needed to perform multiple tasks in an assigned period

4

Adjustments must ensure that performance is consistent and sustained over a given period. Adjustments specific to the individual can be discussed with an Access and Disability Advisor.

5

Exemplars:

  • Participating in tutorials, lectures, exams and research.
  • Capacity to complete professional and pro bono placements.

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