Superannuation Law and Policy (LAWS90239)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
November
Teaching staff:
Emily Millane (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | November |
|---|---|
| Fees | Look up fees |
Australia’s superannuation assets represent the fifth largest pool of pension savings in the world, with funds under management exceeding $3.5 trillion. How is this system managed? And what are its politics? What are the key legal and policy issues funds are grappling with?
Featuring presentations by senior experts from government, the funds industry and the legal profession, this subject provides a detailed understanding of Australian law and policy and examines the political economy of Australian superannuation: who it benefits, who it disadvantages, and its design implications.
The subject explains the current form and policy challenges of superannuation in its historical context. Students will learn about the regulatory framework that governs superannuation, including licensing, prudential standards, conduct and disclosure, regulated by the Australian Securities and Investments Commission, the Australian Prudential Regulation Authority, and the Australian Taxation Office. The subject will also examine interaction with other legal regimes including taxation law settings for superannuation, employment law and social security.
The subject also examines current ‘hot topics’ in pension policy, including climate investments and greenwashing.
Indicative list of principal topics:
- History and development of Australia’s superannuation system: why did Labor introduce a privately managed, compulsory system?
- Structure and design of superannuation including defined benefit and defined contribution; types of fund including industry, retail, government funds and self-managed superannuation funds; tensions between choice and defaults.
- The compulsory Superannuation Guarantee (coverage, exceptions and limits) and voluntary superannuation savings for individuals and businesses.
- Regulatory obligations: licensing, conduct, governance, fees, disclosure and prudential obligations for investment.
- Role of the regulators.
- Introduction to tax policy and law for superannuation contributions, earnings and benefits.
- Interactions of superannuation with the Age Pension and with employment (including employer obligations and prohibitions).
- Analysis of superannuation reforms including the objective of superannuation, the Retirement Income Covenant and the National Housing Accord.
- Key policy questions for superannuation including adequacy of retirement incomes; gender equity and equity for First Nations peoples; home ownership; transparency, investment ‘activism’, and the role of superannuation in the economy.
Intended learning outcomes
A student who has successfully completed this should be able to:
- Examine and explain the history, development, and key policy issues of Australia's superannuation system.
- Interrogate and analyse the main tax policy and law for superannuation contributions, earnings and benefits.
- Critically analyse the key policy issues for superannuation and its interactions with housing, Age Pension policy and employment and labour relations, including key policy questions for the future.
- Advise on types of superannuation saving, fund and consumer approaches with a focus on the regulation of large, APRA-regulated funds.
Generic skills
- Be able to carry out research on policy, legislative, regulatory advice and case sources research, analysis and writing skills on superannuation
- Communication skills in writing about history, legal development and key policy issues
- Communication skills in advising on the law and regulation for superannuation in hypothetical case studies
- The ability to explain complex issues and to discuss and debate legal and policy questions orally in group contexts
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Leading discussion on a topic and seminar participation | During the teaching period | 10% |
Option 1, Part A: A research assignment based on selected course material
| 2 Weeks after the end of teaching | 40% |
Option 1, Part B: Take-home Examination
| 12 - 15 December 2025 | 50% |
Option 2: Research paper on a topic approved by the subject coordinator
| 17 December 2025 | 90% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- November
Principal coordinator Emily Millane Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 8 October 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 5 November 2025 to 11 November 2025 Last self-enrol date 13 October 2025 Census date 7 November 2025 Last date to withdraw without fail 19 December 2025 Assessment period ends 23 January 2026 November contact information
Teaching staff:
Emily Millane (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of International Tax Course Graduate Diploma in Banking and Finance Law Course Master of Laws Course Specialist Certificate in Tax Course Master of Tax Course Graduate Diploma in Tax Course Graduate Diploma in Laws Course Graduate Diploma in International Economic Law Course Master of Banking and Finance Law Course Juris Doctor - Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required prior to enrolment, or for further information about the pre-requisites for Community Access Program study, please contact us:
- prospective CAP student enquiries;
- existing CAP student enquiries (if you have a current Unimelb login).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025