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Comparative Superannuation Law (LAWS90012)
Graduate courseworkPoints: 12.5Not available in 2019
Overview
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The Australian superannuation system has become a world-wide model for occupational pension plans for other countries to emulate, especially as many countries face increasingly-ageing populations and the need to develop effective retirement-saving systems. The Australian system’s mandatory, defined contribution plan model, coupled with its use of stand-alone pension funds, provides an innovative system for guaranteeing retirement security for its citizens. After studying the Australian superannuation system, a number of other country workplace pension models will be explored, such as the United States, Canada, the United Kingdom, France, Germany, the Netherlands, and Japan. The subject will not only seek to determine the benefits and disadvantages of the various workplace pension systems, but also ask what role occupational pensions should play in the larger provision of retirement to the elderly, and what should happen to employee occupational pension claims where the employer becomes insolvent.
Principal topics include:
- The Australian superannuation system, including the history of its development, its current form, and prospects for future modification
- Other forms of occupational pension schemes throughout the industrial world, with emphasis on the systems utilised by the United States, Canada, the United Kingdom, France, Germany, the Netherlands and Japan
- Discussion of the major policy issues surrounding the development of workplace pensions, including the ageing of the population, the recent financial difficulties faced by many governments, the choice between defined benefit pension plans and defined contribution pension plans, and the choice between governmental pension plans and occupational pension plans
- Exploration of the insolvency system in Australia and in other countries to examine how pension claims are treated during an employer’s insolvency.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian superannuation law, including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules in comparison to legal regimes established in other countries for occupational pension plans
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the mandatory nature of such plans, whether such plans should adopt the defined benefit plan or defined contribution plan model, the use of such plans as part of the larger retirement system, and issues surrounding employee pension claims when employers become insolvent
- Have a sophisticated appreciation of the factors and processes driving revision of pension legal frameworks in different countries
- Have an advanced understanding of situations in which pension funding, accessibility, and governance issues may arise in the operation of superannuation and other types of occupational pension plans
- Have a detailed understanding of occupational pension plans legal regimes in an international and comparative context
- Have the cognitive and technical skills to generate critical and creative ideas relating to occupational pension plans, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy concerning these pension plans
- Have the communication skills to clearly articulate and convey complex information regarding the Australian superannuation system and other countries’ occupational pension systems to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of workplace pension law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (100%)
or - 10,000 word research paper (100%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Dates & times
Not available in 2019
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022