The draft standards identified in the preceding post regarding the LACC accreditation are -
2. DEFINITIONS AND INTERPRETATION
2.1 Definitions
In this document, unless the context requires otherwise –
active learning involves student engagement in critical analysis of the knowledge they acquire, application of that knowledge to factual situations or scenarios, producing solutions supported by legal arguments, and reflection on the process followed.
Admission Rules means the LACC Model Admission Rules 2015.
Admitting Authority means the body responsible for all or any of accrediting, monitoring, reviewing and re-accrediting a law course for the purpose of preparing students for admission to the legal profession.
AQF means the Australian Qualifications Framework.
assessment method is the manner by which a student’s learning may be tested and evaluated to be able to award a grade. Examples of different assessment methods include examinations, research essays, reflective notes and vivas, class participation, mooting and mock trials, oral examinations, problem solving exercises and practical tests, submissions and advice.
CALD means the Council of Australian Law Deans.
CALD Standards means the CALD Standards for Australian Law Schools.
communication means the imparting or exchanging of information by oral, visual or verbal (including written) means.
delivery mode means the manner by which the content of the law course is communicated for teaching, learning and assessment purposes. Delivery may be fully in-person, fully online, a blended combination including in-person and online, or by other modes to facilitate distance education.
direct interaction occurs when two or more persons are communicating and engaging with one another in real time and can hear and, where available, see each other.
EFTSL means Equivalent Full Time Student Load.
element means – (a) in the case of a law school that follows the topics listed for a prescribed area of knowledge set out in Schedule 1 of the Admission Rules, one of those topics; or in the case of a law school that follows the topics set out in the guidelines provided for an prescribed area of knowledge set out in that Schedule, a topic included in the law school's curriculum for that area of knowledge.
in-person means where two or more persons are face-to-face in the physical presence of the others whether on campus or at another location.
invigilation means supervision whether in-person, online, by technological or other means, or a combination of means, to ensure the academic integrity of the grade awarded to a student by the assessment method. For example, invigilation may be by using suitable automated supervision software or an examiner observing or supervising a student in the presence of the examiner (whether in-person or online).
LACC means the Law Admissions Consultative Committee.
law course means a tertiary academic course in law, whether or not it leads to a degree in law.
law school includes – (a) an academic unit within a university responsible for conducting a law course in Australia that leads to a degree or other qualification in law; or another institution conducting a law course course that leads to a qualification in law, other than a university degree in law,
online means participation in teaching and learning activities, or assessments, in a virtual or online environment that is connected to, served by, or available through the internet or other telecommunications network. An example is synchronous online learning.
prescribed area of knowledge means an area of knowledge prescribed in Schedule 1 of the Admission Rules, the teaching of which may include statutory interpretation as set out in the LACC Statement on Statutory Interpretation. (Note: Law Admissions Consultative Committee, Statement on Statutory Interpretation (2009).)
self-accrediting provider means a registered higher education provider that has been authorised under section 45 of the Tertiary Education Quality and Standards Agency Act 2011 (Cth) to self-accredit courses of study that lead to a higher education award that the provider offers or confers.
synchronous online learning means direct interaction between a student, teacher and/or other students in a virtual or online environment. Examples include attending live-stream lectures (but not listening to a pre-recorded lecture), videoconference calls and interactive online chatroom discussions.
teaching method means the way in which the law school communicates and teaches the content of the law course to students, which may depend on the delivery mode. Examples include lectures, workshops, seminars, tutorials, flipped classrooms, group discussions, group work, problem solving, moots, role-play, programmed sessions and simulations (but not student preparation or self-directed study).
unit means a subject or unit of study that may be undertaken as part of a law course.
TEQSA means the Tertiary Education Quality and Standards Agency.
Interpretation
Headings are for convenience only, and do not affect interpretation.
The following rules also apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to –
(i) a legislative provision or legislation (including subordinate legislation) is to that provision or legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; (ii) a document (including this document) is to that document or provision as amended, supplemented or replaced; (iii) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of that person; and (iv) anything (including a right, obligation or concept) includes each part of it.
(b) A singular word includes the plural and vice versa.
(c) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(d) If an example is given of anything (including a right, obligation or concept) such as by saying it includes something else, the example does not limit the scope of the thing.
(e) In deciding whether a student will have acquired or demonstrated appropriate understanding and competence in relation to an element or area of knowledge, as the case requires, an Admitting Authority will have regard to –
(i) the Level 7 criteria specified in the AQF; (ii) the Threshold Learning Outcomes for the Bachelor of Laws/LLB or Juris Doctor/JD as the case requires; and (iii) any other matter that the Admitting Authority considers relevant.
PURPOSES OF THE STANDARDS
The purposes of these Standards are –
(a) to assist an Admitting Authority, when accrediting, monitoring, reviewing or re- accrediting a law course, to determine whether that law course –
(i) will provide for a student to acquire and demonstrate appropriate understanding and competence in each element of a prescribed area of knowledge; and (ii) will provide a student with the knowledge and skills to meets the requirements of the LACC Statement on Statutory Interpretation;
(b) to provide clear, tangible guidance about what evidence is required to satisfy each standard relating to – (i) the delivery of the law course; (ii) the nature of a law course; (iii) the duration of a law course; (iv) the content of a law course; (v) teaching a prescribed area of knowledge; and (vi) assessment of a student's understanding and competence; and
(c) to provide greater certainty for law schools about the matters which an Admitting Authority will consider relevant when accrediting, monitoring or re-accrediting a law course.
4. THE STANDARDS
4.1 The delivery of the law course
• The law course, or one or more of the units which comprise it, may be delivered fully or partially online. (a) Explanatory note The law school may select the appropriate delivery mode across teaching, learning and assessments, for one or more units or the whole law course. The Admitting Authority may seek information from the law school about the delivery mode offered.
4.2 The nature of the law course
• The law course is a tertiary academic course in law, whether or not it leads to a degree in law.
(a) Explanatory note
The law course must be "a coherent sequence of units of study leading to the award of a qualification" in law. This applies when a law course is a single degree and when a law course is part of a combined or double degree, to the law component of that combined or double degree. The qualification must be a degree or another similar qualification in law, awarded upon successful completion of a tertiary academic course. A law course may be considered for accreditation is “a tertiary academic course … accredited in Australia" for the purposes of these Standards if it is either one of the following - (i) provided by a self-accrediting provider on the National Register of Higher Education Providers; (ii) currently accredited by TEQSA as leading to a regulated higher education award; or (iii) conducted by or on behalf of the New South Wales Legal Profession Admission Board.
(b) How can a law school show that it has met this standard?
A law school needs to provide the Admitting Authority with evidence that - the law course leads to a degree or similar qualification in law; and is comprised of a coherent sequence of units of study which form a course designated as a law course; and the law course is – (A) provided by a self-accrediting provider on the National Register of Higher Education Providers; accredited by TEQSA as a course of study leading to a higher education award; or (C) conducted by or on behalf of the New South Wales Legal Profession Admission Board.
4.3 The duration of the law course
• The law course includes the equivalent of at least three years' full-time study of law.
• Intensive or block delivery should only be used for a prescribed area of knowledge where the law school satisfies the Admitting Authority that it is appropriate in all the circumstances.
(a) Explanatory note
The total credit points for the units in the law course must equal or exceed an EFTSL of 3.0.
The course may be offered in a full-time, part-time or accelerated mode.
An accelerated mode may include intensives, which are units taught during compressed timeframes outside the usual 12-week semester (i.e. two terms a year) or nine-week trimester (i.e. three terms a year) and might be taught over a winter or summer break, or through block learning models during shorter, but more frequent, terms. The Admitting Authority may seek further information and data from the law school, for example, in relation to student attendance requirements and whether the intensive or block delivery would enable students to acquire the appropriate level of understanding and competence in the prescribed area/(s) of knowledge and statutory interpretation.
The LACC Statement on Duration of Legal Studies, provides that the requirement for at least three years’ full-time study refers to three calendar years and that – A law course that can be completed in fewer than three years may be accredited … if the relevant law school satisfies the Admitting Authority that the course is, indeed, the equivalent of a three calendar year full- time course undertaken at the relevant law school, in terms of the breadth and depth of its content, the teaching methods to be employed and the assessment criteria and methodology.
(b) How can a law school show that it has met this standard?
A law school needs to provide the Admitting Authority with evidence - (i) that the credit points allocated for the law course in total are equal to or exceed those required for an EFTSL of 3.0; and (ii) if the course can be completed in less than three calendar years, that the course is, indeed, the equivalent of a three calendar year full-time course undertaken at the relevant law school, in terms of the breadth and depth of its content, the teaching methods employed, and the applicable assessment criteria and methodology.
A law school can give the Admitting Authority the same evidence about the duration of the course that it provided for the purpose of recently being reviewed externally or being accredited by either a self-accrediting provider or by TEQSA. If the law school chooses to do this, unless the Admitting Authority determines otherwise, it will need to – (i) show that the recent review or accreditation required the law school to satisfy a similar standard to that required by the Admitting Authority; and (ii) set out the relevant standard against which it was recently reviewed or accredited; (iii) set out when the review or accreditation occurred and by whom it was conducted, and (iv) give the Admitting Authority copies of the principal documentary evidence that it provided for the purpose of that review or accreditation.
4.4 The learning outcomes for the law course
• The statement of learning outcomes for the law course is directed to enabling students to acquire and demonstrate appropriate understanding and competence in the prescribed areas of knowledge and statutory interpretation.
(a) Explanatory note
TEQSA requires the specified learning outcomes for each course of study to "encompass discipline-related and generic outcomes, including … knowledge and skills required for employment and further study related to the course of study, including those required to be eligible to seek registration to practise where applicable" (emphasis added).
(b) How can a law school establish that it has met this standard?
A law school needs to – (i) set out any relevant learning outcomes for the law course; and (ii) show how achieving each of these outcomes will demonstrate that a student has acquired and demonstrated appropriate understanding and competence in each of the prescribed areas of knowledge.
4.5 Content of the law course
• The law course includes teaching or other instruction in each of the specified elements in each of the prescribed areas of knowledge set out in Schedule 1 of the Admission Rules.
• The law course also meets the requirements of the LACC Statement on Statutory Interpretation.
(a) Explanatory note
A prescribed area of knowledge need not be taught in a unit bearing the same name as that used for the area in the Admission Rules. Similarly, the elements of an area of knowledge need not be taught in one or unit; they could be taught in several units.
An Admitting Authority may consider that the number of hours allocated to teaching a prescribed area of knowledge is relevant when determining whether that area is adequately covered.
(b) How can a law school show that it has met this standard?
A law school needs to - (i) describe where each element of each prescribed area of knowledge and statutory interpretation is taught in the law course. This might be done by way of a matrix or by mapping. Evidence could include the course syllabus, unit descriptions or, by way of examples, lecture outlines or reading guides; and (ii) estimate the total teaching hours allocated to the teaching of each prescribed area of knowledge, and describe the teaching methods having regard to the delivery modes for each prescribed area of knowledge indicating the predominant teaching method and delivery mode and the use of other teaching methods and delivery modes; and (iii) the total teaching hours provided should equate to at least 36 hours for each prescribed area of knowledge. If the estimated number of teaching hours for any prescribed area of knowledge is less than 36 hours because of the teaching method used or student research, demonstrate how the learning outcomes will be achieved in that area.
4.6 Teaching the law course and active learning
• Each prescribed area of knowledge and any unit subject relating to statutory interpretation is taught by people qualified to teach that area of knowledge.
• The law school uses teaching methods which enable each student to acquire the appropriate understanding and competence in each element of every prescribed area of knowledge and statutory interpretation.
• An Admitting Authority will consider the number of hours provided for active learning and/or direct interaction in a prescribed area of knowledge when considering whether a law course will enable a student to acquire an adequate level of understanding and competence.
• Each student in the law course has ready access to legal information resources that are sufficient in quantity and quality to enable the student to acquire the appropriate understanding and competence in each element of every prescribed area of knowledge.
(a) Explanatory note The quality of teaching directly affects a student's acquisition of understanding and competence. Three dominant influences upon the quality of teaching are – (i) the qualifications and experience of the teachers; (ii) the teaching methods employed; and (iii) access to legal information resources, particularly library resources. A student needs to acquire both understanding and competence in each 11(b) element of each prescribed area of knowledge and statutory interpretation. Admitting Authorities consider that this will not occur unless the teaching methods demonstrably require active learning.
Admitting Authorities consider that direct interaction between students and teachers whether in-person or through synchronous online learning remains the primary reliable means of achieving these results.
How can a law school show that it has met this standard?
A law school needs to satisfy the Admitting Authority that -
(i) teachers in the program – • meet the AQF requirement that a teacher should have a degree one level higher than that of the course in which the person teaches, or • have equivalent experience in practice or teaching (which may be demonstrated by reference, say, to a person's specialist practice, scholarship, or standing in the academic community or legal profession), or • if a teacher does not fully meet either of the preceding criteria, that person's teaching is guided and overseen by other staff who do meet one or more of those criteria.
A law school should provide a complete list of teaching staff (continuing, fixed-term and any casual staff employed at the date upon which accreditation or re-accreditation is sought) and their relevant academic qualifications. The Admitting Authority may request further information about the relevant practice or teaching experience of staff who do not have the requisite higher degree.);
(ii) the methods generally employed in teaching prescribed areas of knowledge across all delivery modes, enable students to acquire appropriate understanding and competence in each element of that area of knowledge and statutory interpretation. (A law school will need to identify and explain any departures from those generally employed methods, in teaching any particular area of knowledge.); and
(iii) the design of the law course and its program of instruction primarily comprises provides for at least 18 hours of either or both of – face-to-face instruction and active learning; and (B) instruction and learning involving direct interaction between teacher and student, whether in-person or through synchronous online learning, (A) (iv) (v) and enables students to acquire and demonstrate appropriate understanding and competence in each element of each prescribed area of knowledge and statutory interpretation.
(A law school will need to provide evidence of the extent to which the design of the law course and its program of instruction provides for active learning and/or direct interaction in each prescribed area of knowledge and statutory interpretation.); and the law school enables each student to have ready access to legal information resources, in paper or in electronic form; and those resources are sufficient in quantity and quality to enable each student to acquire appropriate understanding and competence in each element of each prescribed area of knowledge. xx It would be relevant for an Admitting Authority to know whether the law school’s library has been independently assessed by the CALD Standards Committee and has been independently determined to have met, in this respect, the CALD Standards.
A law school can give an Admitting Authority the same evidence about teaching each of the prescribed areas of knowledge and statutory interpretation Statutory Interpretation and about its legal information resources that it provided for the purpose of recently being reviewed externally or accredited by either a self-accrediting provider or by TEQSA. Unless the Admitting Authority determines otherwise, the law school will need to – show that the recent review or accreditation required the law school to satisfy a similar standard to that required by these Standards; and set out the relevant standard against which it was reviewed or accredited; and set out when the review or accreditation occurred and by whom it was conducted; and (iv) give the Admitting Authority copies of the principal documentary evidence that it provided for the purpose of that review or accreditation.
4.7 Assessing understanding and competence
• Assessment requirements verify that a student has – (i) acquired appropriate understanding and competence in every prescribed area of knowledge; and acquired the relevant knowledge and skills set out in the LACC
• The law course requires a student to achieve at least a pass grade before satisfactorily completing any subject or unit in which a prescribed area of knowledge or statutory interpretation is taught or assessed.
• An Admitting Authority may consider for each unit that covers a prescribed area of knowledge and statutory interpretation, the allocation of assessments, the assessment methods and whether a sufficient proportion of assessments are conducted by invigilation to ensure the law course provides an appropriate level of quality assurance that a student has been awarded a grade that accurately reflects their level of acquired understanding and competence.
(a) Explanatory note
An Admitting Authority must be able to rely on a law school’s minimum requirement for completion - a pass grade - as the conclusive indicator that a student has, in fact, acquired an appropriate level of understanding and competence in every element of a prescribed area of knowledge and has acquired the relevant knowledge and skills set out in the LACC's Statement on Statutory Interpretation.
Invigilation of assessments provides an extra level of quality assurance that the grades awarded to students accurately reflects their level of acquired understanding and competence, particularly in an online learning environment.
(b) How can a law school establish that it has met this standard?
A law school needs to - (i) provide evidence that it requires, and that students are made aware, that all elements of each prescribed area of knowledge and all of the law school's teaching or other instruction in statutory interpretation are assessable; and (ii) provide evidence that its methods of assessment methods in each unit in which a prescribed area of knowledge is taught confirm that a student has attained an appropriate understanding and competence in that area; and (iii) provide evidence that its methods of assessment methods confirm that a student has achieved all of the outcomes specified in the LACC's Statement on Statutory Interpretation; and (iv) provide evidence that at least 50% of assessments for each unit that covers a prescribed area of knowledge and statutory interpretation is conducted by invigilation; and (v) if grade descriptors apply to prescribed areas of knowledge, set out the descriptor for a pass grade; and (vi) explain the process it uses to satisfy itself that grades awarded accurately reflect the level of student attainment.
