2012 HSC Notes from the Marking Centre – Legal Studies
Contents
Introduction
This document has been produced for the teachers and candidates of the Stage 6 course in Legal Studies. It contains comments on candidate responses to the 2012 Higher School Certificate examination, indicating the quality of the responses and highlighting the relative strengths and weaknesses.
This document should be read along with the relevant syllabus, the 2012 Higher School Certificate examination, the marking guidelines and other support documents developed by the Board of Studies to assist in the teaching and learning of Legal Studies.
General comments
Teachers and candidates should be aware that examiners may ask questions that address the syllabus outcomes in a manner that requires candidates to respond by integrating their knowledge, understanding and skills developed through studying the course.
Candidates need to be aware that the marks allocated to the question and the answer space (where this is provided on the examination paper) are guides to the length of the required response. A longer response will not in itself lead to higher marks. Writing far beyond the indicated space may reduce the time available for answering other questions.
Candidates need to be familiar with the Board’s Glossary of Key Words, which contains some terms commonly used in examination questions. However, candidates should also be aware that not all questions will start with or contain one of the key words from the glossary. Questions such as ‘how?’, ‘why?’ or ‘to what extent?’ may be asked, or verbs that are not included in the glossary may be used, such as ‘design’, ‘translate’ or ‘list’.
In preparing for the examination, candidates should:
- note that the objectives and outcomes in the syllabus are very important to all parts of the course and to all parts of the examination
- develop a sound understanding of the principal focus, the themes and challenges and the learn to sections of the syllabus
- note that the rubric applies to Section II Part B (Crime) and Section III (Options) of the examination paper
- in Section III, clearly identify the alternative (a) or (b) being answered
- directly address a quotation if required by the question.
Section II
Part A – Human Rights
General comments
Candidates should be familiar with the terms used in the Legal Studies syllabus, have a clear understanding of the basic concepts, and read the whole question carefully. In addition, candidates are only expected to write in the space provided. Excessive detail or additional examples do not add to the quality of the response.
Specific comments
Question 21
In better responses, candidates clearly demonstrated an understanding of the term ‘state sovereignty’ and made specific reference to the impact(s) it has on the protection of human rights, whether positive and/or negative. They moved beyond merely defining state sovereignty, or making general statements about human rights, to engage with the notion of protection.
Question 22
In better responses, candidates demonstrated a sound understanding of the role of the media in influencing the promotion of human rights. In order to do this, candidates correctly identified a contemporary human rights issue and referred directly to the type(s) of media involved. They explicitly used examples to outline how the media promoted the specific human rights issue.
In weaker responses, candidates wrote in very general terms, or failed to refer to either media and/or a contemporary human rights issue. This question was about the influence of the media in promoting human rights, not about enforcement or effectiveness. Some candidates did not engage with the question but instead provided an overview of a contemporary human rights issue.
Question 23
In better responses, candidates clearly explained the concept of a charter of rights and linked this to the protection of human rights within Australia. In their discussion, candidates presented sound arguments for and/or against the introduction of a charter of rights within Australia. Arguments against included the difficulty of amending a charter, issues of cost, and the increased responsibility on the judiciary to enforce human rights.
It was essential that candidates understood what a charter of rights is and that it could be statutory or constitutional. It was necessary to link examples to the protection of human rights in Australia as this was the crux of the question. Lengthy descriptions of overseas examples of charters or bills of rights was not required.
Part B – Crime
Question 24
General comments
The expected length of responses is approximately 600 words (around 4–5 examination booklet pages) and candidates were able to create reflective responses that integrated relevant examples within this specification.
Specific comments
In better responses, candidates accessed a wide range of material and fell broadly into two groups. The first agreed that courts are to a large extent the means by which justice is achieved within the criminal justice system. These candidates focused on the operation and effectiveness of the court system while acknowledging that there are limitations. While the other group acknowledged the dominant role of courts, they also wrote about aspects of the broader criminal justice system such as the application of discretion, bail reforms, the operation of the Drug Court, youth conferencing and the role of circle sentencing as avenues for achieving justice. Both groups clearly addressed the extent to which courts are the only means of achieving justice as required by the question. In better responses, candidates fully engaged with the question and integrated the concept of justice, supported by relevant examples including legislation, cases, media reports, documents and international instruments.
In mid-range responses, candidates demonstrated a sound understanding of the operation of the criminal justice system but judgements were not made in an informed and supported manner.
In weaker responses, candidates focused on terms like justice and wrote in general terms about the operation of the criminal justice system.
Section III – Options
Question 25 – Consumers
In better responses to both parts of the question, candidates referred to a wide range of relevant cases, legislation, media reports, documents and international instruments, including recent updated legislation such as the new Australian Consumer Law 2011 (Cth), The Competition and Consumer Act 2010 (Cth) and the National Consumer Credit Protection Act 2009 (Cth).
- In better responses candidates demonstrated extensive knowledge of current consumer law with reference to recent legislation.
These candidates clearly understood the meaning of ‘discuss’ and presented coherent arguments for and against the extent to which current consumer law provides adequate protection. Distinction was made between domestic legislative measures and the problems that occur when purchasing goods overseas and online. In better responses, candidates drew on examples from the contemporary issues of credit, product certification, marketing innovations and technology.
In many weaker responses, candidates wrote lengthy prepared answers which failed to discuss whether the current law adequately protects consumers. These focused on an historical and narrative approach to consumer law. - In better responses, candidates provided a coherent comparison of the effectiveness of legal and non-legal measures in resolving conflict for consumers. Candidates integrated a wide range of Commonwealth and State legislation, case law and media reports. Candidates also referred to the introduction of a range of social network sites such as Facebook, Twitter and YouTube which have highlighted consumer issues and specific consumer sites such as Vodafail and the ‘don’t call’ register.
In these better responses, candidates used their extensive knowledge of a range of consumer issues to demonstrate the similarities and differences in the effectiveness of various legal and non-legal measures for conflict resolution.
As well, in these better responses, candidates integrated relevant cases such as ACCC v Prouds and ACCC v Singtel Optus 2011.
Question 26 – Global environmental protection
- In better responses, candidates demonstrated an extensive knowledge of values and ethical standards held by domestic and international communities and how these perspectives can often vary. Candidates presented clear arguments for and/or against the extent to which international and domestic law reflects increasingly accepted values and ethical standards in calling for the protection of the global environment.
In better responses, candidates integrated clear examples of global environmental protection initiatives. These candidates provided explicit discussion of a number of these initiatives to clearly examine the changing nature and impact of values and ethical standards in global environmental protection. Reference to key principles of ecologically sustainable development including intergenerational equity, intragenerational equity and the precautionary principle was also made.
In better responses, candidates also indicated limitations of international and domestic legal systems and processes to do with global environmental protection. These candidates not only displayed extensive knowledge of syllabus content but also provided a clear, concise, logical discussion of the themes raised by the question. - In better responses, candidates recognised the transboundary nature of environmental issues and emphasised the need for coordinated global responses by developed and developing nations. Candidates wrote sustained, cohesive and well-structured responses and used clear examples to illustrate the need for global and domestic solutions to transboundary issues.
In better responses, candidates also demonstrated extensive knowledge about the role of international legal responses. They examined the extent to which nation states have responded to various environmental protection issues such as threats to biodiversity, habitat modification and climate change.
In better responses, candidates presented clear judgements on the success or otherwise of international initiatives, noting the limitations of state sovereignty and the lack of enforcement measures that can result in non-compliance with multi-lateral instruments. These candidates not only displayed extensive knowledge of syllabus content but they also provided a clear, concise and logical discussion of the themes raised by the question.
Question 27 – Family
- In better responses, candidates demonstrated extensive knowledge of families and the court system, and made reference to specific courts such as the Family Court of Australia and the Federal Magistrates Service. They incorporated a range of syllabus content and issues. These candidates integrated a range of court cases, accurately and in context, which supported their arguments on whether or not the courts delivered justice. In better responses, candidates presented coherent arguments either for or against the specific courts delivering justice for families. Candidates who integrated relevant cases, current media articles and legislation to support their arguments tended to write more logical and cohesive responses.
In other responses, candidates tended to focus on one or two issues, such as domestic violence and same-sex marriage. Candidates who wrote weaker responses tended to write about cases, without having an overarching approach with specific content and issues. Some candidates wrote extensively about legislation, yet failed to make the link between parliamentary development of the law and judicial interpretation and application of such laws. It was unnecessary to provide a range of legislative reforms which were not relevant to a question about the courts. Candidates who wrote in general terms or digressed too far into writing about crime demonstrated limited knowledge of families and the court system and were unable to access higher range marks. - In better responses, candidates provided discussions of the extent to which the law protects, or does not protect, various family members in regard to this issue. In better responses, candidates integrated knowledge of the Surrogacy Act 2010 (NSW) and the Assisted Reproductive Technology Act 2007 (NSW) and undertook solid analyses of altruistic and commercial surrogacy in Australia.
In other responses, candidates covered other syllabus issues, such as same-sex marriage, instead of concentrating on the specific demands of the question. Many candidates only discussed surrogacy in detail, with a limited coverage of birth technology. Some candidates were often descriptive and did not evaluate the level of protection required for family members.
In weaker responses, candidates often had a piecemeal approach based on cases, media or legislation, without providing a cohesive answer to the specific question.
Question 28 – Indigenous peoples
- In better responses, candidates integrated a wide variety of case studies. In these responses, candidates engaged directly with the question and highlighted a variety of aspects of natural resources including titles to water, sea, minerals and land. These candidates integrated extensive knowledge to make an informed judgement. Case studies and international instruments integrated included the Uyghur, Sami, Maori and the San. These responses were sustained, articulated judgements and used relevant legal terminology and documents.
In mid-range responses, candidates used case studies, laws and instruments but the responses were not specifically related to the legal protection of rights to natural resources. There was limited integration of relevant legislation.
In weaker responses, candidates concentrated on the lack of rights of indigenous peoples with references to cultural and social contexts. - In better responses, candidates integrated case studies, international and domestic law and provided a sustained, logical argument through the integration of UNDRIP, ILO Conventions, ECOSOC and WIPO to the case studies. These responses displayed extensive knowledge and scope through discussion of arguments for and/or against the success of international law.
In mid-range responses, candidates demonstrated sound knowledge but presented limited arguments as to whether international law can be the only means to achieve legal recognition.
In weaker responses, candidates concentrated on cultural and social issues that were often generalised, and mainly referenced Aboriginal and Torres Strait Islanders in a social context. Many lacked the awareness of specific international or domestic legislation relating to the legal recognition of indigenous peoples.
Question 29 – Shelter
- In better responses, candidates drew content from an extensive range of legal methods to secure shelter and the involvement of governments in this process. In particular, they related the assessment of the effectiveness of providing and securing shelter to the government’s role in enacting relevant legislation and introducing current schemes and initiatives. Legislation, current cases and media reports were integrated to support the candidate’s reasoning.
Many candidates based their responses around government schemes designed to improve access to, and security of, shelter but they were not limited to these areas. In better responses, candidates included detailed discussion of changes to legislation and common law precedents in the pursuit of securing shelter. Thorough explanations were provided for why and how governments have become involved in protecting the security of shelter. - In better responses, candidates demonstrated an extensive knowledge of the legal and non-legal measures of securing shelter. They compared the effectiveness of securing shelter, in particular, legislation designed to make buying and leasing property a protected legal procedure, with the variety of non-legal measures available. Most candidates constructed their responses around freehold and leasehold property but responses were not limited to these areas and included discussion of accommodation for ATSI people and those attempting to access social housing in NSW.
In better responses, candidates demonstrated a sound knowledge of the different legal and non-legal protections available to the complete range of shelter stakeholders, including statutory controls and common law remedies. They also showed knowledge of recent media reports. These candidates demonstrated extensive knowledge of the types of legal protection at the domestic level and made a supported judgement as to the degree to which they are effective. Clear understanding of non-legal measures was provided, especially for those sections of the community with limited income.
Question 30 – Workplace
- The majority of candidates who attempted this question focused on the contemporary issues of safety, discrimination, termination of employment including unfair dismissal, and leave. In better responses, candidates also included historical and contemporary events in workplace law, the statutory framework including instruments and institutions, collective bargaining and enterprise agreements. These candidates indicated a clear understanding of the directive term ‘to what extent and demonstrated a balance between recognising rights and enforcing responsibility with respect to both employee and employer. They identified a range of legal and non-legal measures available and provided commentary as to why and how those measures contributed to the responsiveness of the law.
In better responses, candidates demonstrated integration of legislation, cases, media, international instruments or other relevant documents, allowing the candidates to make judgments based on explicit criteria about the variety of measures, instruments and institutions available to respond to contemporary issues in the workplace. They moved beyond description and did not simply add-on cases, media or legislation. They demonstrated an extensive knowledge and made informed judgments of the impacts of measures, instruments or institutions. In these responses, candidates also noted that a commitment to compliance with the law and enforcement of the existing law in the workplace were essential elements in any assessment of the effectiveness of the responsiveness of the law to contemporary issues in the workplace. - In better responses, candidates met the ‘assess’ directive of the question in relation to the role of government in dealing with conflict in the workplace. Many candidates dealt with the full range of syllabus defined areas, including contemporary issues, and clearly stated the conflicts which can arise in these areas, while others also addressed conflict emanating from change in the nature and regulation of the workplace and the influences leading to these changes. In these better responses, candidates made judgments based on clearly stated criteria or explicit outcomes. These candidates demonstrated depth and breadth of understanding of the sources of conflict in relation to contemporary issues in the workplace, and used multiple statutory instruments, the common law and media references as well as international law to support arguments which were integrated into the explanation.
In better responses, candidates made a clear link between the areas of conflict and changes to law and made judgments regarding the effectiveness of this change in balancing the rights and responsibilities of all stakeholders. Their understanding of recent changes in workplace law, coupled with concise and pertinent references to criteria for effectiveness attracted better marks.
Question 31 – World Order
- In better responses, candidates provided clear examples to support their ideas and drew substantiated conclusions. They presented informed arguments which were supported by a range of example types such as legal writings, legislation, media, international instruments and documents.
This question was approached from a variety of perspectives. In better responses, candidates referred to the structure of the United Nations and the mechanisms that have been used since its inception to address issues of conflict. In these responses, candidates developed arguments that focused on the varying degrees of success achieved through these mechanisms and incorporated contemporary, relevant examples of conflicts, which were contrasted with landmark, historically important instances of conflict. Candidates referred to relevant and current examples of international conflict. Many candidates explored the significance of the ‘Responsibility to Protect’ principle and related its application to current examples such as Libya and Syria. - In better responses, candidates presented clear and consistent judgements about the extent to which international law promotes and maintains world order. These candidates concentrated on a depth of knowledge in relation to particular relevant examples rather than deviating into generalised descriptive content. They made clear judgements about the efficacy of international law and demonstrated extensive knowledge of concepts such as state sovereignty and jus cogens used in the appropriate context.
In better responses, candidates compared and contrasted the international instruments such as United Nations Security Council resolutions in promoting and maintaining world order. They also made reference to cases from international courts and tribunals and illustrated the degree to which international instruments and institutions address the promotion and maintenance of world order. In addition, they articulated the importance of cooperation and compliance as integral components to the success of international law.
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