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Institutional Abuse and Legal Redress (LAWS90153)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
October
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Following a five year inquiry and the 2017 release of the report of the Royal Commission into Institutional Responses into Child Sexual Abuse after, the issue of child sexual abuse in institutional settings gained extensive attention from the public, political representatives and legal commentators. The inquiry contributed to new understandings of the incidence and extent of physical, sexual, psychological and emotional abuse in a range of institutional settings, including schools, hospitals, churches, sporting organisations, foster homes and other accommodation services. The debate on how the law may best respond to the abuse continues, with judicial attention to the now current law, and some political attention to law reform. There are many challenging issues associated with the legal redress of child abuse, including time limits for claims, liability for the criminal acts of others, the onus of proof, and the appropriate compensation regime.

This subject examines the relevant tort law in Australia and the challenges of its application to abuse situations, recent and proposed tort law reforms, and the recently implemented Australian ‘Redress Scheme’.

Bill Madden is a lawyer specialising in injury compensation including intentional torts and the overlays provided by statutory reform and statutory schemes. He is a regular writer and presenter on tort law topics.

Principal topics include:

  • The challenges of historical abuse
  • Findings from the Royal Commission and other inquiries
  • Liability of the perpetrator – the legal framework
  • Liability of the institution – the onus of proof, criminal acts, vicarious liability and non-delegable duty
  • Challenges arising from limitation period changes
  • The significance of mandatory reporting of abuse
  • Damages issues in abuse claims
  • Tort law reforms – limitations, the onus of proof and legal structures
  • The National redress scheme
  • Potential future reforms.

Note: This subject includes reference to material which some participants may find confronting or difficult at a personal level. Students may have differing views on some of these topics, but they do form part of the subject and may be discussed in class. Universities are neutral places for objective study and rational discussions. Any discussions on such topics in class must be respectful of differing views. The University of Melbourne Counselling and Psychological Services (CAPS) provides free, confidential, short-term professional counselling to currently enrolled students and staff, as well as a range of workshops, mental health training, and helpful resources.

Intended learning outcomes

A student who has successfully completed this subject should be able to:

  • Examine and explain the challenges for the legal system provided by historical child abuse in institutional settings
  • Analyse and explain the substantive tort law issues regarding compensation by institutions for abuse by employees and others
  • Examine and explain the merits of compensation provision in tort law compared to statutory schemes
  • Critically examine and explain current and forthcoming issues in the abuse compensation sphere.

Last updated: 24 January 2023

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: 24 January 2023

Assessment

DescriptionTimingPercentage

Research paper on topic approved by the subject coordinator

  • 8000-10000 words
13 December 2023100%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/A

Last updated: 24 January 2023

Quotas apply to this subject

Dates & times

  • October
    Principal coordinatorBill Madden
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment150 hours
    Pre teaching start date11 September 2023
    Pre teaching requirementsPlease refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period 9 October 2023 to 12 October 2023
    Last self-enrol date15 September 2023
    Census date10 October 2023
    Last date to withdraw without fail17 November 2023
    Assessment period ends13 December 2023

    October contact information

    Lecturer

    Bill Madden (Coordinator)

    Email: law-masters@unimelb.edu.au
    Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
    Website: law.unimelb.edu.au

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).
    - Completion rate. Students who started their course from 2022 and are in a CSP or receiving a HELP Loan (eg FEE-HELP) must meet the completion rate to continue to receive Commonwealth Support for that course.

Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement, and as a fail toward the completion rate, unless there are approved ‘special circumstances’.

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of waitlisted places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of 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: 24 January 2023

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS in the pre-teaching period.

  • 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-masters@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: 24 January 2023