Legal Studies 2019 HSC exam pack

Students should:

• have a clear understanding of key words in the question and recognise their different requirements, such as, ‘evaluate’, ‘assess’ and ‘explain’
• read the question carefully to ensure that they do not miss important components of the question, for example, the word ‘promote’ in Question 22 and the term ‘post-sentencing’ in Question 24
• use a plan to guide the response
• sustain their judgements throughout their response rather than adding a sentence with judgement at the end of each paragraph
• use relevant legal terminology to support their judgement throughout their response
• support responses with relevant and contemporary examples and evidence
• engage with what the question is asking rather than presenting a pre-prepared response
• explain how legislation or a case study is relevant to their argument rather than identifying the name or outlining the facts of the legislation or case
• review syllabus content to ensure that the response is accurate and addresses syllabus requirements, for example, what constitutes a post-sentencing consideration in the Crime topic and what the contemporary issues are in the Options section
• provide well organised, cohesive and sustained arguments throughout the response.

Question 21

In better responses, students were able to provide:

• the main features of the development of suffrage over time, using examples such as, how changing societal values have led to suffrage for women
• examples of how the development of suffrage has been recognised over time, using relevant legislation or international documents such as the Universal Declaration on Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

Areas for students to improve include:

• demonstrating an understanding of what the term ‘suffrage’ means
• using relevant legal terminology and linking this terminology to the protection of human rights.

Question 22

In better responses, students were able to:

• demonstrate an understanding of the term ‘promotion’ and the various ways in which the United Nations has promoted human rights
• use relevant examples to support how promotion is carried out by the United Nations.

Areas for students to improve include:

• distinguishing between the concepts of ‘promotion’, ‘protection’ and ‘enforcement’ of human rights as the question specifically asked about promotion and this needed to be the focus of the response.

Question 23

In better responses, students were able to:

• demonstrate a detailed understanding of their chosen contemporary human rights issue
• provide a thorough understanding of international responses
• develop a sustained and informed judgement of the international responses in enforcing human rights throughout their response
• support their judgement with relevant examples and evidence
• address the question by focusing on the enforceability, not promotion, of human rights.

Areas for students to improve include:

• using relevant language to demonstrate a thorough understanding of international responses and human rights
• providing a sustained judgement throughout the response rather than a description of the human rights issue.

Question 24

In better responses, students were able to:

• demonstrate a clear understanding of distinct post-sentencing considerations, for example, security classification, protective custody, parole, preventative detention, continued detention, sexual offenders’ registration and deportation
• clearly explain the relationship between post-sentencing considerations and community safety and/or individual liberties
• integrate the explanation of this relationship into all paragraphs throughout the response
• support their understanding of post-sentencing considerations with relevant legislation, cases and media reports.

Areas for students to improve include:

• ensuring their response focuses on the relevant areas of the syllabus
• understanding that post-sentencing considerations is the content area specifically addressed in the question because areas such as bail, police powers and victim impact statements, which are not part of the sentencing process, do not address the question
• being able to distinguish between key concepts in the syllabus including bail and parole, extradition and deportation, and continued and preventative detention
• linking content knowledge to the balance and/or imbalance between community interests and individual rights and freedoms.

General feedback

In better responses, students were able to:

• effectively use at least one contemporary issue to address part (b), for example, domestic violence
• use criteria to make informed judgements, particularly in part (a) which asked students to ‘evaluate’ the effectiveness
• make links to the question throughout the response rather than simply referencing the wording of the question at the end of each paragraph
• set out a clear judgement about the role, including purpose and intent, of law reform at the beginning of the response and then carry the judgement through the remainder of the response (b)
• synthesise knowledge and understanding of content to propose sustained judgements.

Areas for students to improve include:

• avoiding writing descriptive responses that do not answer the question
• avoiding reference to dated cases and legislation, particularly when assessing the role of law reform
• using cases to support judgements rather than describing the details of what happened in the case.

Question 25(a)

In the better responses, students were able to:

• accurately identify the type of consumer protection that is achieved by legal redress and remedies relevant to consumer law
• justify arguments through the use of criteria, for example, determining if a remedy was successful by considering: enforceability against non-compliant businesses, whether it served as a deterrent for future acts of non-compliance, whether it achieved justice for the consumer (refund, repair, return, damages), whether the redress body acted responsively or whether it was accessible to consumers
• use current and relevant examples, such as, Opal and Mascot Towers building industry, Takata Airbags recall, safety regarding vaping e-cigarettes, Meriton manipulating TripAdvisor reviews, Banking Royal Commission findings, vocational education schemes unconscionable conduct, Centrelink Robodebt, gift card laws.

Areas for students to improve:

• avoiding a reliance on outdated cases, for example, Donoghue and Stevenson, Carlill v Carbolic Smoke Ball. If these cases are used, they should be referenced in the context of setting precedent for legal redress and remedies.

Question 25(b)

In the better responses, students were able to:

• demonstrate an understanding of what law reform is and its role in relation to consumer rights. This does not only include changes in the law but changes that improve the law and provide stronger protections for consumers, for example, implied guarantees of goods and services, with strong penalties, enforced by the ACCC and the courts.

Areas for students to improve: 

• avoiding writing a historical narrative about how consumer law has changed over the years
• ensuring that all components of the question are addressed, for example, not only focusing the rights of consumers but also on the role of law reform.

Question 26(a)

In better responses, students were able to: 

• specifically name international responses, such as courts and conferences, intergovernmental organisations, the United Nations, non-government organisations and the media, to make a judgement related to the effectiveness of these responses
• address the ability of the international responses to protect the global environment, for example, the ability of the Convention on International Trade in Endangered Species (CITES) to achieve compliance among its 183 members
• provide a range of detailed examples related to the work of the international response to support the judgements made.

Areas for students to improve include: 

• presenting a global focus on actions and responses to environmental issues rather than limiting the focus to Australia. While Australian examples are relevant, student responses should not rely entirely on the actions of Australia
• using examples, such as progress toward international targets or current issues like endangered species, deforestation or climate change, to support the evaluation of international responses.

Question 26(b)

In better responses, students were able to:

• address the role of law reform in protecting the global environment, for example, the introduction and application of laws (domestic and international) to respond to evolving or emerging environmental issues
• refer to at least one contemporary issue, such as barriers to achieving an international response, with depth and detailed support
• provide a clear and informed assessment of the role of law reform.

Areas for students to improve include:

• showing an understanding of the role of law reform rather than areas reform has occurred
• using contemporary issues to support the judgements made
• using a variety of legislation, case law, media, international instruments and documents to present a more global, rather than domestic, focus.

Question 27(a)

In better responses, students were able to:

• demonstrate the significance of legal responses, such as the Family Court, to parties involved in relationship breakdown
• refer to relevant examples that explicitly demonstrate the effectiveness of legal responses or the lack of effectiveness
• use legal terminology and concepts that are relevant to family law, for example, the dissolution of marriage, in a sustained and logical way.

Areas for students to improve include:

• supporting arguments through the use of a variety of examples, including current legislation, cases and media reports
• linking their examples to the question throughout their response rather than simply referencing the question at the end of each paragraph.

Question 27(b)

In better responses, students were able to:

• demonstrate a detailed understanding of the role of law reform in addressing contemporary issues concerning families
• refer to relevant examples and explicitly make a judgement regarding the role of law reform in achieving just outcomes for family members
• demonstrate comprehensive and current knowledge and understanding of at least one contemporary issue concerning families, for example, same-sex marriage.

Areas for students to improve include avoiding:

• a reliance on an historical narrative or a descriptive chronology of family law as the focus of their response
• spending too much time explaining how law reform works, rather addressing how well it does or does not work
• excessive detail regarding non-legal responses, such as lobby groups, without an explicit link to law reform.

Question 28(a)

In better responses students were able to:

• make clear, informed judgement about the effectiveness of international responses such as  the United Nations Declaration on the Rights of Indigenous Peoples
• demonstrate how international responses have helped to protect Indigenous Peoples' rights to land, culture or natural resources
• demonstrate a substantial understanding of the role and limitations of international responses, such as ILO Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples in achieving justice.

Areas for students to improve:

• distinguishing between international responses and domestic responses. For example, a judgement made in a court in Canada such as Calder is a domestic response. Even though it is external to Australia, it is considered domestic as it was created within a domestic jurisdiction and does not form part of international law
• drawing out the connections between international responses and the achievement of justice for Indigenous Peoples. The effect of the Universal Declaration on the Rights of Indigenous Peoples was not uniform. Better responses were able to write with precision about the role of state sovereignty as either enhancing or restricting the achievement of justice for Indigenous Peoples.

Question 28(b)

In better responses students were able to:

• make clear, informed judgements about the role of law reform in recognising Indigenous Peoples’ rights
• refer to relevant examples from across the world to demonstrate the connection between law reform and the recognition of the rights of Indigenous Peoples. Some responses referred to case study material, which drew on the experiences of peoples including the Maori, the Sami, Inuit First Nations and Metis and the Mapuche
• relate judgements about law reform to at least one contemporary issue such as rights to land, rights to practise language and culture, intellectual property rights and natural resource rights.

Areas for students to improve:

• being familiar with a range of international case studies and examples that that draw from experiences beyond those of Aboriginal and Torres Strait Islander peoples.

Question 29(a)

In better responses students were able to:

• examine legal protections, such as legislation, in detail to draw informed conclusions
• examine a range of groups securing shelter, for example, purchasers, tenants, applicants for social housing, boarders and homeless people
• demonstrate an understanding of the vulnerable nature of these groups and the extent to which available legal protections have led to just outcomes. 

Areas for students to improve:

• considering a range of shelter types in order to demonstrate extensive understanding of legal protection and remedies
• focusing on groups securing shelter, rather than those providing shelter
• using relevant cases in a succinct way to support the judgement in response to the question.

Question 29(b)

In better responses students were able to:

• consider a variety of relevant reforms relating to shelter, examining detailed aspects that were then able to be related to the student's judgement and used as the basis of the student's evaluation
• demonstrate a detailed understanding of the selected contemporary issues and the role of law reform in resolving the issues.

Areas for students to improve:

• considering a range of shelter types in order to demonstrate extensive understanding of the option
• focusing on groups seeking shelter, rather than those providing shelter
• demonstrating an understanding of at least one contemporary issue relating to shelter and the role of law reform in resolving the issue.

Question 30(a)

In better responses students were able to:

• identify contemporary workplace rights and stipulate the source (recognition) of those rights, for example, international law, common law and statute law, such as the right not to be discriminated against
• outline ways that workers’ rights are controlled and maintained (regulated), for example, through legislation, statutory authorities and non-government organisations
• critically appraise mechanisms in affording Australian workers their rights, demonstrating an understanding of jurisdiction, such as the Fair Work Commission, Fair Work Ombudsman and trade unions
• use a range of criteria when presenting arguments about protection, such as ratification, preservation, promotion, enforcement, remedies and compliance.

Areas for students to improve:

• relying less on describing case/s and focussing more on a range of mechanisms that protect and recognise workplace rights.

Question 30(b)

In better responses students were able to:

• demonstrate an understanding of law reform in relation to workplace and the purpose of changes to statutory and common law rights
• identify changed workplace rights and provide the legal recognition of those rights, for example, the rights of women proclaimed in international law and domestic legislation
• provide examples of a range of responsibilities which might include those of employers or workers, such as the responsibility to maintain a safe workplace
• discuss methods of ensuring compliance (enforcement) through the changing of the law, including compliance mechanisms such as courts and/or tribunals and statutory authorities such as SafeWork NSW
• refer to at least one contemporary issue which could include one of those identified in the syllabus or other issues such as remuneration, awards, contracts, dispute resolution, rights of unions.

Areas for students to improve:

• making judgments of the law both recognising rights and enforcing responsibilities, rather than one or the other
• clearly addressing the concept of law reform and its place in keeping step with changing understandings of rights and responsibilities in the workplace
• making a range of judgments from different viewpoints, for example, from the perspective of the worker and the employer.

Question 31(a)

In better responses, students were able to:

• ​demonstrate a broad understanding of how international responses such as the United Nations, international instruments and non-government organisations can be effective in promoting and resolving conflicts
• refer to a variety of relevant international response examples that demonstrate the promotion of peace and/or the resolving of conflict, for example, United Nations resolutions, International Court of Justice and Amnesty International.

Areas for students to improve include:

• demonstrating knowledge of specific international responses​ used to achieve world order.

Question 31(b)

In better responses, students were able to:

• ​​demonstrate a broad understanding of the role of law reform in promoting and maintaining world order
• integrate at least one contemporary issue including but not limited to: “Responsibility to Protect’; regional and global situations that threaten peace and security; global cooperation; and, the rules regarding the conduct of hostilities, and relate this to law reform.

Areas for students to improve include:

• clearly highlighting a contemporary issue relevant to world order
• making judgements about the role of law reform rather than providing a narrative of law changes over time​.