YEAR 11-12
VCE Legal Studies
Subject Area
Humanities
VCE Units
1-4
About the Course
VCE Legal Studies examines the institutions and principles that are essential to the Australian legal system. Students develop an understanding of the rule of law, law-makers, legal institutions, the relationship between the people and the Australian Constitution, the protection of rights in Australia, and the Victorian justice system.
Through applying knowledge of legal concepts and principles to a range of actual and / or hypothetical scenarios, students develop an ability to use legal reasoning to argue a case for or against a party in a civil or criminal matter. They develop an appreciation of the ability of people to actively seek to influence changes in the law and analyse both the extent to which our legal institutions are effective, and whether the Victorian justice system achieves the principles of justice. For the purposes of this study, the principles of justice are fairness, equality and access:
fairness: all people can participate in the justice system and its processes should be impartial and open
equality: all people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage
access: all people should be able to engage with the justice system and its processes on an informed basis.
UNIT 1
The presumption of innocence
Area of Study 1: Legal foundations
This area of study provides students with foundational knowledge of laws and the Australian legal system. Students explore the role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals. Students consider the characteristics of an effective law, and sources and types of law. They examine the relationship between parliament and the courts in law-making, and the reasons for a court hierarchy in Victoria, they also develop an understanding of the principles of justice.
Area of Study 2: Proving guilt
The presumption of innocence is a fundamental principle of criminal law and provides a guarantee that an accused is presumed innocent until proven guilty beyond reasonable doubt. In this area of study, students develop an understanding of the purposes of and key concepts in criminal law, as well as the types of crime. They also investigate two criminal offences in detail. For each offence, students consider actual and/or hypothetical scenarios in which an accused has been charged with the offence, use legal reasoning to determine possible culpability and explain the impact of the offence on individuals and society.
Area of Study 3: Sanctions
The criminal justice system determines the guilt of an accused, and imposes sanctions on offenders. In this area of study, students investigate key concepts in the determination of a criminal case, including the institutions that enforce criminal law, the purposes and types of sanctions, and alternative approaches to sentencing such as the Drug Court, Koori Courts and diversion programs. Students compare approaches to sentencing in Victoria to one other Australian jurisdiction. Through an investigation of criminal cases from the past four years, students apply their knowledge to discuss the effectiveness of sanctions and the ability of the Victorian criminal justice system to achieve the principles of justice.
UNIT 2
Wrongs and rights
Area of Study 1: Civil liability
Civil law aims to protect the rights of individuals, groups and organisations, and provide opportunities for a wronged party to seek redress for a breach. In this area of study, students develop an understanding of key concepts in civil law and investigate two areas of civil law in detail. Possible areas of civil law could include negligence, defamation, nuisance, trespass and contracts. For each area of civil law, students consider actual and/or hypothetical scenarios giving rise to a civil claim, apply legal reasoning to determine possible liability for a breach of civil law and explain the impact of a breach of civil law on the parties.
Area of Study 2: Remedies
Remedies may be available to a wronged party where there has been a breach of civil law. In this area of study, students develop an appreciation of how civil disputes are resolved, including the methods and institutions available to resolve disputes, and the purposes and types of remedies. Through an investigation of civil cases from the past four years, students apply their knowledge to discuss the effectiveness of remedies and the ability of the civil justice system to achieve the principles of justice.
Area of Study 3: Human rights
The protection of rights is fundamental to a democratic society. Rights are protected in Australia through the Australian Constitution, the Victorian Charter of Human Rights and Responsibilities and through common law and statute law, including in relation to discrimination and equal opportunity. In this area of study, students examine the ways in which human rights are protected in Australia and consider possible reforms to the protection of human rights. Students investigate one human rights issue in Australia, such as in relation to the right to vote, the right to freedom of religion, or the rights of First Nations peoples.
UNIT 3
Rights and justice
Area of Study 1: The Victorian criminal justice system
The purposes of the Victorian criminal justice system are to determine whether an accused person is guilty beyond reasonable doubt of an offence for which they are charged, and to impose sanctions when a person is guilty of committing a crime. The system includes the courts (the Magistrates’ Court, County Court and Supreme Court) and institutions such as Victoria Legal Aid and community legal centres available to assist an accused and victims of crime.
Area of Study 2: The Victorian civil justice system
One of the aims of the Victorian civil justice system is to restore a wronged party to the position they were originally in before a breach of civil law occurred. There are a range of institutions in Victoria that aim to help parties resolve a civil dispute, including courts (the Magistrates’ Court, County Court and Supreme Court), Consumer Affairs Victoria, and the Victorian Civil and Administrative Tribunal.
In this area of study, students consider the factors relevant to commencing a civil claim, examine the institutions and methods used to resolve a civil dispute and explore the purposes and types of remedies. Students consider the impact of time and costs on the ability of the civil justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the civil justice system to actual and/or hypothetical scenarios.
In this area of study, students explore the criminal justice system, key personnel, and the use of plea negotiations to determine a criminal case. Students investigate the rights of the accused and of victims, and explore the purposes and types of sanctions and sentencing considerations. They consider the impact of time, costs and cultural differences on the ability of the criminal justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the criminal justice system to actual and/or hypothetical scenarios.
UNIT 4
The people, the law and reform
Area of Study 1: The people and the law-makers
The Australian Constitution establishes Australia’s parliamentary system and provides mechanisms to ensure that parliament does not make laws beyond its powers. Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases.
In this area of study, students examine the ways in which the Australian Constitution acts as a check on parliament in law-making, and factors that affect the ability of parliament and courts to make law. They explore the relationship between parliament and courts in law-making and consider the capacity of both institutions to make law.
Area of Study 2: The people and reform
Laws should reflect the needs of society, but they can become outdated. Individuals and groups can actively participate to influence change to laws, and law reform bodies (including the Victorian Law Reform Commission, parliamentary committees, and Royal Commissions) can investigate and make recommendations for change. Laws can be changed by parliament and the courts, while constitutional reform requires a referendum.
In this area of study, students investigate the need for law reform and the means by which individuals and groups can influence change in the law. Students draw on examples of individuals, groups and the media influencing law reform, as well as examples from the past four years of inquiries of law reform bodies. Students examine the relationship between the Australian people and the Australian Constitution, the reasons for and processes of constitutional reform, the 1967 referendum about First Nations people and the 2023 referendum about an Aboriginal and Torres Strait Islander Voice.