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Microsoft Word - LAW2CLP Policy Task 2020.docx LAW2CLP – POLICY TASK – 2020 DUE DATE: MONDAY 14TH SEPTEMBER AT 10:00AM SUBMISSION TO OCCUR VIA THE LMS WORD COUNT: 1,500 (10% LEEWAY APPLIES) WEIGHTING:...

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Microsoft Word - LAW2CLP Policy Task 2020.docx
LAW2CLP – POLICY TASK – 2020

DUE DATE: MONDAY 14TH SEPTEMBER AT 10:00AM
SUBMISSION TO OCCUR VIA THE LMS
WORD COUNT: 1,500 (10% LEEWAY APPLIES)
WEIGHTING: 35%
TASK OVERVIEW
All laws are subject to change and reform. You are a Senior Policy Adviser for a national Think Tank
called AlphaRights. You have been tasked with submitting a policy paper which outlines the
ecommendations you believe would further enhance the protection of individuals in relation to
surveillance and privacy in Australia.
Your submission should contain a minimum of four well though-out recommendations. Each
ecommendation should be based upon research. Your submission should consider a range of sources
and matters, which may include, but not limited to:
- Legislation;
- Case Law;
- Reports and previous government publications;
- Academic scholarship; and
- International obligations and treaties.
The policy paper should have a clear introduction and conclusion, with all recommendations clearly
identifiable.
2
ASSESSMENT INSTRUCTIONS
Please note that ALL submissions must adhere to the following instructions.
COVERSHEET
Please have a title page on the front of your assessment containing the following:
- Student ID
- Full Name
ASSESSMENT PRESENTATION
All submissions must adhere to the following:
- 12-point Times New Roman font
- 1.5 or 2.0 spacing
- 2.5 cm margins
- Please endeavour to use headings
- ALL recommendations should be in bold and numbered.
RESEARCH REQUIREMENTS
For the successful completion of this assessment, a degree of research is required. You should be aiming
for 10-15 sources to support your arguments and recommendations. This research can encompass
a range of sources including: academic journals, books (textbooks), policy papers, reports, legislation,
cases and publications from organisations such as the Australian Law Reform Commission.
Please note that Wikipedia is not an appropriate website to be cited for this assessment. Although
government websites can be cited, please limit your reliance on web sources, and have a further
emphasis on academic and governmental sources as mentioned the preceding paragraph.
DUE DATE
The due date for this assessment is Monday the 14th of September at 10:00am with submission to occur
via the LMS.
Please submit a Word Document to the LMS.
For information regarding extensions – please refer to page 5.
3
BIBLIOGRAPHY
A bibliography should be included within your final submission. Please adhere to the structure of a
ibliography as per the Australian Guide to Legal Citation (4th ed).
FOOTNOTES/CITATIONS
Due to the
oad range of students within this subject, some flexibility is permitted regarding the
eference style. You must provide proper authority to the views expressed by individuals and
organisations, therefore footnotes or in-text citations are essential.
Failure to include footnotes and citations may constitute as academic misconduct.
Law students should adhere to the rules of the AGLC4, for non-law students please use short-hand in-text
citations: i.e (Schneier, 2015, p 15).
If you would like to use another style, please ensure you remain consistent throughout your assessment.
WORD COUNT
The word count for this assessment is 1,500 words. A 10% leeway does apply. This means that you can
write up to 1,650 words without penalty.
Citations and footnotes, along with headings are not included in the word count, provided that they do
not contain argument or discussion.
MISCELLANEOUS
Please ensure you submit an essay that is proofread. Ensure you have separated your arguments and
discussion in a logical manner. Avoid using contractions (ie: don’t = do not).
ACADEMIC INTEGRITY
Academic integrity means being honest in academic work and taking responsibility for learning the
conventions of scholarship. La Trobe University views this seriously as evidenced by the following
extract:
Academic honesty is a fundamental principle in teaching, learning, research and scholarship. The
University requires its academic staff and students to observe the highest ethical standards in all aspects
4
of academic work and it demonstrates its commitment to these values by awarding due credit for
honestly conducted scholarly work, and by penalising academic misconduct and all forms of cheating.
Academic Integrity Procedures (2012, p. 1 of 6)
Academic misconduct includes improper referencing, plagiarism, copying and cheating. You should
familiarise yourself with your responsibilities in relation to Academic Integrity and if you have any
questions, direct them to your Course Coordinator. Information can be found on the website at:
www.latrobe.edu.au/students/academic-integrity
All hard copy assignments should be accompanied by the Academic Integrity Assignment Declaration
Form available at: http:
www.latrobe.edu.au/__data/assets/pdf_file/0017/711152/Assignment-
Declaration-Form.pdf.
For assistance with referencing visit http:
www.latrobe.edu.au/students/academic-
integrity
eferencing-help
STUDENT SUPPORT AND ASSISTANCE
Li
ary
Your Li
ary offers many ways to support your study. Play Li
ary Quest lib.latrobe.edu.au/li
aryquest to
discover more about how we can help, or visit our website and explore these essential resources:
• Achieve@Uni - https:
www.latrobe.edu.au/students/study-resources/learning/achieve - learn important
skills needed at university, includes finding and using information in your assessment tasks, referencing,
eading, writing and presenting, academic language, and maths skills;
• Assessment Planner - http:
www.latrobe.edu.au/li
ary/assessment-thesis-support/plan-my-
assessment – plan your assignment schedule and submit on time;
• Expert Help Guides - https:
latrobe.libguides.com/ – provides expert discipline and specialist help;
get help here with assessment tasks;
• Academic Referencing Tool - www.lib.latrobe.edu.au
eferencing-tool - Get detailed examples of
eferencing styles and understand why and how we reference, includes the four major styles;
• Referencing at La Trobe University http:
latrobe.libguides.com
eferencing/ - Understand how and
why to reference
• Chat to li
ary staff - www.latrobe.edu.au/li
ary - Access the text chat service from the Li
ary
website
5
• Contact us - www.latrobe.edu.au/li
ary/about/contact - Call or email your Li
ary
Student Support Services
If you have special needs due to disability or other factors the Equality and Diversity Centre can provide
advice and support. This Centre can be contacted by telephone on XXXXXXXXXXMelbourne); XXXXXXXXXX
7410 (Bendigo); XXXXXXXXXXAlbury-Wodonga); National Relay Service Deaf and Hearing Impaired:
T: XXXXXXXXXXwithin Australia only). Email: XXXXXXXXXX or refer to the website at
http:
www.latrobe.edu.au/students/support.
EXTENSIONS, LATE SUBMISSIONS AND PENALTIES
There are policies and procedures to guarantee fair, consistent and transparent treatment of late submission
of assessment tasks provide equity around extensions to submission dates and penalties associated with not
submitting assessment by the due date and time.
The University requires fair, consistent and transparent treatment of late submission of assessment tasks.
The procedure for late submission is documented in the Late Submission of Assessment Tasks document
(Ref. no. 112027D). It states:
The standard penalty for late submission of assessment tasks is 5% of the marks for that task for each delay
in submission of a day or partial day up to a maximum of five (5) working days after the due date. Assessment
tasks will not be accepted after the earlier of the following occu
ences:
• The fifth (5th) working day after the due date; or
• Feedback on the assessment task has been returned to any student by the Teaching Team
member.
These penalties apply only to individual assessment tasks worth 15% or more of the total assessment for the
subject. Late submission of take home examinations is not permitted.
Submission of special consideration applications for assignments, mid-semester tests and final examinations
should be made online at: https:
www.latrobe.edu.au/students/admin/forms/special-consideration/submit-
or-review-application. Please refer to the relevant policies, procedures and guidelines website at:
https:
policies.latrobe.edu.au/home
6
DETAILED GRADING CRITERIA
The assignment will be marked in accordance with the criterion set out below. It is important to
understand that not every criterion requires equal attention or is intended to be of equal
weighting.
An A-Grade XXXXXXXXXXassignment:
• presents a clear, coherent and original argument
• shows in depth comprehension of relevant concepts, principles and/or doctrine
• insightfully responds to the question with reference to such concepts, principles and/or doctrine
• critically analyses legislation, case law and/or academic literature relevant to the question
• always supports assertions with evidence, reasons and authoritative sources
• is well written, structured, researched and referenced
• complies with all instructions
A B-Grade XXXXXXXXXXassignment:
• presents a clear and coherent argument
• shows sound comprehension of relevant concepts, principles and/or doctrine
• cogently responds to the question with reference to such concepts, principles and/or doctrine
• critically analyses the legislation, case law and/or academic literature relevant to the question, but
with less depth and insight than an A-Grade assignment
• nearly always supports assertions with evidence, reasons and authoritative sources
• is well written, structured, researched and referenced
• complies with nearly all instructions
A C-Grade XXXXXXXXXXassignment:
• presents an apparent, but not always coherent argument
• shows adequate comprehension of the relevant concepts, principles and/or doctrine, but with no
major e
ors of law
7
• adequately responds to the question with reference to such concepts, principles and/or doctrine
• superficially analyses the legislation, case law and/or academic literature relevant to the question
• mostly supports assertions with evidence, reasons and authoritative sources
• is reasonably well written, structured, researched and referenced
• complies with most instructions
A D-Grade XXXXXXXXXXassignment:
• shows some comprehension of relevant concepts, principles and/or doctrine, even where there are
major e
ors of law
• mostly responds to the question with reference to such concepts, principles and/or doctrine
• shows some analysis of the legislation, case law and/or academic literature relevant to the question
• supports assertions with evidence, reasons and authoritative sources
• may not be well written, structured, researched or referenced
• may not comply with several important instructions
An N-Grade (49 or below) assignment:
• does not demonstrate comprehension of relevant concepts, principles and/or doctrine and may
contain major e
ors of law
• does not respond adequately to the question
• seldom or no critical analysis of the legislation, case law and/or academic literature relevant to the
question
• does not support assertions with evidence, reasons and authoritative sources
• is
Answered Same Day Aug 14, 2021 LAW2CLP La Trobe University

Solution

Swati answered on Sep 11 2021
113 Votes
Policy pape
Introduction
Australia is in specific position in global security order as it is a member of “5 eye” intelligence partnership. Thus, it must be a global leader to serve as a champ for human rights like right to freedom of expression, expression and right to privacy. But this is not the case unfortunately. However, several actions have been taken by Australia indicating the will of nation to undermine human rights adapting the digital era challenges. In fact, there has been expansion in surveillance laws along with its practices since 9/11 in Australia as compared to any other nation. Due to technology as well as internet, there has been a security threat in physical world to which government is responsible to respond and act. Government also holds responsibility to recognize as well as act upon in order to protect human rights as it was before modern technological era. And with ever developing digital era and security threats, there is need to work on existing policies so as to amend them to best fit.
There are many gaps in Victorian privacy legislation as of now. Also, there is no Australian law either in legislation or common law which is actionable right to privacy. Along with this, it can be observed that the existing regulatory framework is weak such that it fails to protect and promote right to privacy on the public place surveillance. Thus, there is requirement for consistent reform with human rights principles.
There was no general legal right to privacy in Anglo- Australian law. As per Australian high court decision in case of Victoria park racing and recreation ground CO Ltd versus Taylor where in there was ruling from court that there is no recognition of any general privacy right as per common law, not even any tort in privacy violation case. However, there was little change in situation in 1988 while commonwealth government enacted the privacy act which dealt with personal information handling that means information privacy. Further, in 1990. The privacy amendment act came into effect that was associated with the credit reporting agencies and credit provider’s activities.
The privacy act is obliged to provide protection by regulation of the personal information handling through the federal government agencies. The rules established to do this includes rules of conduct which are information privacy principles for personal info collection, retention, access, use, co
ection as well as disclosure.
Commonwealth laws relates to information practices in association with matching of data, spent criminal convections as well as Medicare information usage. However, need to add telephone inception, video surveillance and physical intrusion is must which are covered as of now under more general laws.
Government must focus on how public perceives and understands law. Law and policy on public place surveillance should be consistent with human rights standards under the Victorian Charter of Human Rights and Responsibilities Act and international human rights law.
Recently, citizens have found themselves in many jurisdictions as subject to increasing level of surveillance by the government (Denemark, 2012). Policy makers justify this as mandatory so as to protect people from te
orist or criminal activity. But this leads to perceived erosion of individual’s privacy. For example, recent implementation of retention of metadata retention regime that makes it mandatory for service providers to log the location data of customers along with online activities for at least 2 years period. This made residents concerned as the data has
oad reach. Ultimately, this lead in rejection of the justification for collection to enact protection associated with privacy so as to safeguard them.
This metadata retention is against the privacy of individuals making them feel unsafe and more prone to frauds or unauthorized access. It seems as outcome of lacking systematic understanding of view of public towards the government surveillance (Reddick et al, 2015). There has been increased normalization in recent years with multiple facets of routine life which is now more...
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