This guide has been produced by the expert team of authors and publishers at Oxford University Press.
It will guide you through the key changes to the structure and content of the VCE Legal Studies Study Design and is designed to save you time and help you plan and implement the new Study Design with confidence.
All Units (Units 1, 2, 3 and 4) will be implemented from January 2024.
The new Study Design contains structural changes across Units, across Areas of Study (AOS), and within Areas of Study:
! Unit 1, AOS 3 and Unit 2, AOS 1 have swapped. Unit 1 is now a focus on legal foundations and criminal law, and Unit 2 is now a focus on civil law and rights
! In Unit 4, parliament and courts have moved into Unit 4, AOS 1 (from Unit 4, AOS 2)
! There has been movement of key knowledge within each Area of Study
The Study Design contains new key knowledge, including:
! A consideration of possible sanctions and possible remedies in relation to the chosen areas of law in Units 1 and 2
! The difficulties faced by different groups in the criminal and civil justice systems in Units 1 and 2
! The meaning and development of human rights, including the significance of the Universal Declaration of Human Rights in Unit 2
! In Unit 2, AOS 3, students explore one human rights issue (such as the right to vote) rather than one Australian case (the case is now studied in relation to the chosen human rights issue)
! The right to silence (instead of the right to a fair hearing) in Unit 3, AOS 1
! Possible future constitutional reform, including reform to establish a First Nations Voice in the Australian Constitution in Unit 4, AOS 2
Much existing key knowledge is retained, but with a change in focus, including:
! In Unit 3, the roles, rather than responsibilities, of key personnel are explored, as is the need for legal practitioners
! The appropriateness of class actions to resolve disputes is now explored in Unit 3, AOS 2 (rather than a consideration of representative proceedings as a key concept)
! In Unit 4, AOS 1, there are three (rather than five) means by which the Australian Constitution acts as a check on parliament in law-making, with one new means: the role of the High Court in protecting the principle of representative government
! In Unit 4, AOS 1, there are three factors (rather than four) that affect the ability of parliament to make law, with two new factors: the bicameral structure of parliament, and international pressures
! In Unit 4, AOS 2, the Victorian Law Reform Commission recent inquiry must be related to the civil or criminal justice system
! In Unit 4, AOS 2, one recent Royal Commission inquiry or one parliamentary committee inquiry is explored, rather than one recent example of a recommendation for law reform
a retained emphasis on higher order skills
a change in assessment weighting in Unit 4
amended definitions and clarity around the principles of justice
greater inclusion of First Nations peoples’ cultures and knowledge
reduced workload across the units (e.g. removal of committal proceedings, sentence indications, and recent and recommended reforms from Unit 3; the removal of international treaties and declarations and the external affairs power from Unit 4)
refinements to key skills and legal terminology
Unit
What’s in?
What’s out?
Unit 1
The presumption of innocence
What’s been added or modified?
Đ An overview of the roles of the parliament and the courts Modified
Đ Possible sanctions in relation to two criminal offences
Added
Đ Trends and statistics in relation to Victoria and one other Australian jurisdiction
Modified
Đ Sanctions moved from Unit 2, AOS 1 Added
Đ Difficulties faced by different groups in the criminal justice system Added
Đ Sentencing practices in one other Australian jurisdiction
Modified
Đ Civil liability moved from Unit 1, AOS 3 Added
Đ Possible remedies in relation to two areas of civil law
Added
Đ Difficulties faced by different groups in the civil justice system Added
What’s been moved or removed?
Đ Civil liability moved into Unit 2, AOS 1 Moved
Đ The role of statute law and common law in developing the elements and the defences in relation to two criminal offences Removed
Đ The requirement to study two recent criminal cases (recent cases now studied throughout AOS 3) Removed
Outcomes 1, 2 and 3
Tasks to be selected from:
Đ a folio of exercises
Đ an oral or digital presentation, such as a podcast or video
Đ a Wiki, website or blog
Đ structured questions
Đ a mock trial or role play
Đ a debate
Đ a research report or media analysis
Đ an essay
Đ a question-and-answer session.
Unit 2
Wrongs and rights
Đ The meaning and development of human rights, including the significance of the Universal Declaration of Human Rights
Added
Đ One human rights issue in Australia and in relation to that issue: the nature and development of the human right, the laws that apply, possible conflicting attitudes, possible reforms, and one case study in relation to the issue Added
Đ Sanctions moved into Unit 1, AOS 3 Moved
Đ The role of statute law and common law in developing the elements and defences in relation to two areas of civil law Removed
Đ The requirement to study two recent civil cases (recent cases now studied throughout AOS 2) Removed
Đ The influence of international declarations and treaties on the protection of rights
Removed
Đ The approach adopted by one other country in protecting rights Removed
Đ Possible reforms to the protection of rights Removed
Đ One Australian case that has had an impact on the protection of rights Removed
Outcomes 1, 2 and 3
Tasks to be selected from:
Đ a folio of exercises
Đ an oral or digital presentation, such as a podcast or video
Đ a Wiki, website or blog
Đ structured questions
Đ a mock trial or role play
Đ a debate
Đ a research report or media analysis
Đ an essay
Đ a question-and-answer session.
The following table is a guide to changes in key knowledge and assessment in the new Study Design.
Unit 3
Rights and justice
What’s been added or modified?
Đ The right to silence as one of the rights of the accused
Added
Đ The right to give evidence using alternative arrangements Modified
Đ The role of VLA and Victorian community legal centres in assisting victims of crime
Added
Đ The roles of key personnel
Modified
Đ The need for legal practitioners Modified
Đ The purposes of sanctions: deterrence (general and specific) Modified
Đ Factors that affect the ability of parliament to make law
Modified
Đ The means by which the Australian Constitution acts as a check on parliament in law-making Modified
Đ The role of the High Court in protecting the principle of representative government
Added
Đ Features of the doctrine of precedent Added
Đ One recent VLRC inquiry relating to law reform in the civil or criminal justice system
Modified
Unit 4
The people, the law and reform
Đ One recent Royal Commission inquiry or one parliamentary committee inquiry Modified
Đ Reasons for constitutional reform Added
Đ The requirement for the approval of the Commonwealth Houses of Parliament and a double majority in a referendum
Modified
Đ Factors affecting the success of a referendum Added
Đ The significance of the 1967 referendum about First Nations People Modified
Đ Possible constitutional reform, including reform to establish a First Nations Voice in the Australian Constitution Added
What’s been moved or removed? Assessment
Đ The right to a fair hearing as one of the rights of the accused Removed
Đ The purposes of committal proceedings Removed
Đ Sentence indications
Removed
Đ Recent and recommended reforms for both the criminal and civil justice systems
Removed
Đ Scope of liability and negotiation options as factors to consider before initiating a civil claim Removed
Đ Civil pre-trial procedures Removed
Đ One High Court case interpreting sections 7 and 24 Removed
Đ International treaties and declarations and the external affairs power Removed
Đ The roles of the Victorian courts and the High Court in law-making Removed
Outcomes 1 and 2 (50 marks each)
The student’s performance will be assessed using two or more of the following:
Đ a case study
Đ structured questions
Đ an essay
Đ a report
Đ a folio of exercises.
Outcome 1 (60 marks) Outcome 2 (40 marks)
The student’s performance will be assessed using two or more of the following:
Đ a case study
Đ structured questions
Đ an essay
Đ a report
Đ a folio of exercises.
Legal Studies for VCE Units 1–4 is a new teaching and learning resource purpose-written for the VCE Legal Studies Study Design 2024–2028.
You can trust our expert authors and award-winning publishing team to support you with the tools you need to implement the new Study Design, save time while lesson planning and ensure the best learning outcomes for your students.
Register your interest to receive information and priority access to sample pages of Oxford’s new editions of Legal Studies for VCE Units 1–4.
