LEGAL STUDIES - ASSIGNMENT 2

ASSESSMENT HSC

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 MOUNT PANORAMA
AGRICULTURAL HIGH SCHOOL*
DIVIDE ET IMPERA

HSC LEGAL STUDIES ASSIGNMENT

WRITTEN REPORT & ORAL SUBMISSION
Task Date
Date due Weighting Grading
No. Issued
REPORT
Week 1, Week 2, Term ORAL PRESENTATION
Term 2, 2, Week 3-6
2 30% Marks 0 – 30
3 May Wednesday 9 at the end of each
2018 May 2018 lesson
10:45am
Submission instructions
Your extended response must be submitted electronically through edmodo
(http://www.edmodo.com) by the due date.
TASK
RATIONALE: This task is aimed at assessing the students’ ability to apply the law (Criminal Offence,
Defence and Mitigating Circumstances) to the facts in the case as well as communicating their
finding both orally and in the written form.
Your task contains 2 components:
1. WRITTEN REPORT (800 words)
You are required to prepare a written report to advise Spike in relation to his criminal
charges for the incident at the Toy-Shoppe in Harris Park. The facts of the case are contained
in APPENDIX 1 and APPENDIX 2.
The report must include:
 An introduction;
 A summary of the relevant facts;
 An explanation of the criminal charges, the type of crime, the type of liability connected
with this crime, the elements for the crime and the potential punishment;
 An evaluation of whether the charges can (or cannot) be applied to Spike’s case;
 An evaluation of the legal options available to Spike;
 A personal evaluation as to whether - in Spike’s case - the law is an effective
instrument to achieve justice.
2. ORAL PRESENTATION (5 minute oral presentation to the class – Approx. 200 words)
You must prepare a set of submissions to assist Spike with his charges. You will be given 5
minutes to present your submissions orally to the class. Your ORAL PRESENTATION must
contain:
 An introduction
 A submission in Defence to have Spike acquitted from the criminal charges;
 A Plea in Mitigation;
You are provided with:
a) 1 x Factsheets from the NSW Police (APPENDIX 1);
b) 1 x set of written instructions from Spike (APPENDIX 2); AND
c) 1 x Set of Guidelines (Skills & Resources required, ALARM Matrix and Time Management
suggestions) (APPENDIX 3)

THIS IS NOT A TAKE-HOME EXAM. You will be allocated 4 lessons (Computer Lab) during class
time to write your your report and prepare your presentation.

* For the purpose of this task Mount Panorama Agricultural High

School is to be considered a selective school 2
 OUTCOMES BEING ASSESSED
 H1 Identifies and applies legal concepts and terminology
 H8 Locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
 H4 Evaluates the effectiveness of the legal system in addressing issues
 H7 Evaluates the effectiveness of the law in achieving justice
 H9 Communicates legal information using well-structured and logical arguments.
MARKING CRITERIA FOR WRITTEN REPORT
- Extensive description of the nature of the crime by correctly identifying the legislation.
- Correctly applies legal concepts and terminology to all the facts in the case. 9-10
- Clear and extensive assessment of the use of defences to criminal charges and factors (A)
affecting sentencing to achieve justice in this case.
- Thorough description of the nature of the crime by correctly identifying the legislation.
- Correct application of legal concepts and terminology to most of the facts in the case. 7-8
- Adequate assessment of the use of defences to criminal charges and factors affecting (B)
sentencing to achieve justice in this case.
- Provides some description of the nature of the crime by mostly identifying the
legislation.
- Correct application of legal concepts and terminology to at least 50% of the facts in the 5-6
case. (C)
- Provides a sound assessment of the use of defences to criminal charges and factors
affecting sentencing to achieve justice in this case.
- Provides a basic description of the nature of the crime by correctly identifying the
legislation.
- Correct application of legal concepts and terminology to only a few of the facts in the 3-4
case. (D)
- Provides a basic assessment of the use of defences to criminal charges and factors
affecting sentencing to achieve justice in this case.
- Fails to provide a description of the nature of the crime by correctly identifying the
legislation.
1-2
- Fails to apply legal concepts and terminology to the facts in the case.
(E)
- Fails to provide an assessment of the use of defences to criminal charges and factors
affecting sentencing to achieve justice in this case.
MARKING CRITERIA FOR ORAL PRESENTATION
Consistently communicates with appropriate use of legal concepts and terminology in a
5 (A)
well structured and logical sequence in the Defence and in the Plea of Mitigation.
Mostly communicates with appropriate use of legal concepts and terminology in a
relatively well structured and logical sequence in the Defence and in the Plea of 4 (B)
Mitigation.
Communicates with appropriate use of legal concepts and terminology in a well structured
3 (C)
and logical sequence in the Defence and in the Plea of Mitigation.
Consistently communicates with appropriate use of legal concepts and terminology in a
2 (D)
well structured and logical sequence in the Defence and in the Plea of Mitigation.
Fails to communicate with using legal concepts and terminology and does not follow any
1(E)
structure or logical sequence in the Defence and in the Plea of Mitigation.
The written report is marked as knowledge and understanding of
course content(5) analysis and evaluation (5). The presentation is Total Score: ___/ 15
marked as communication of legal information, ideas and issues Final Mark total score x 2 ____/30
in appropriate forms (5)
Comments:____________________________________________________________________
______________________________________________________________________________
____________________________________________________

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Course components – CRIME
1. Nature of Crime
 Meaning, elements, causation;
 Types of crime;
 Types of offences;
 Parties to a crime.
2. Criminal Investigation Process
 Police Powers in investigating crime;
 Arrest, charge, summons;
 Bail & remand;
 Detention, interrogation and rights of suspects.
3. Criminal Trial Process
 Court Jurisdiction;
SCAFFOLD (REPORT) this scaffold is provided as a guide to help you write your report
Introduction
- Briefly describe what this report is about.
Identify (50 words)
Describe the facts and
circumstances with respect to the
Accused (150 words)H1
Describe: Provide characteristics and features
Analyse the criminal charges
related to the Accused
(200 words)H8
Analyse: Identify components and the
relationship between them; draw out and relate
implications
Evaluate whether the charges can
be applied to the facts of the case.
(200 words)H4
Evaluate: Make a judgement based on criteria;
determine the value of
Explain what legal options are
open to the Accused. (100 words)
H9
Explain Relate cause and effect; make the
relationships between things evident; provide
why and/or how
Conclusion
Evaluate whether the law was an
effective instrument to achieve
justice (100 words)H7
Appendices and Bibliography Include a copy of all sources used throughout your report and a bibliography
SCAFFOLD (PRESENTATION) this scaffold is provided as a guide to help you prepare your presentation
Introduction
H9
Submission in relation to
Spike’s criminal charge
(Defence)H1
A submission in relation to In the event that the Magistrate finds Spike guilty of the charges,
mitigating circumstances
(PLEA IN MITIGATION) H4
 Pleas and charge negotiation;
 Legal representation;
 Defences to criminal charges;
4. Sentencing
 Purpose of punishment;
 Aggravating and Mitigating circumstances
 Types of penalties;
5. Young offenders
 Age of Criminal responsibility;
 Rights of children when questioned or arrested
- What has Spike done? Accurately list all Spike’s actions from the moment he
entered in the shop to when he got out of the shop.
- What evidence is available to Spike?
 Witnesses;
 Photos – Audio/Video recording;
 Documents;
 Other items.
- What criminal conduct is Spike being charged with?
 What does this mean?
 What type of liability is associated with this crime?
 What are the elements of this crime?
- What does the Police need to prove to convict Spike?
- What does Spike need to prove to avoid conviction?
- Do the criminal charges reflect Spike’s action?
 How so?
- Is the way the Police sees what happened the only perspective applicable to
Spike’s case?
- What other perspective(s) can be applied to the events in Spike case?
What can Spike do?
(Option 1) Try to successfully argue the case in Court.
(Option 2) Approach the Police and get them to reduce their charges in exchange
of a guilty plea.
(Option 3) Plead guilty to the charges and make a plea in mitigation based on
some mitigating circumstances.
Analyse each option, explain pros and cons of each option and evaluate which of
these option would be best for Spike.
In light of the findings of your research, do you believe that the law and the legal
system is a good instrument to achieve justice? Explain how you come to your
conclusion.
Introduce yourself by stating:
 Who you are -
 Who you represent (or speak on behalf of) –
 With respect to what -
Briefly explain the charges:
 What criminal conduct is Spike being charged with?
 What does this mean?
 What are the elements of this crime?
Why and on what basis should Spike be acquitted?
- What circumstances should the Magistrate take into consideration with respect to
Spike’s situation?
- Why should Spike be given a more lenient punishment?
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 APPENDIX 1

New South Wales Police H 123456

CAN 5678910
FACTS SHEET (1)
Offender: Spike Jones
Address: 12 Leicester Square,
Granville NSW 2150
Nationality: Australian D.O.B: 31 January 1999
Occupation: Pizza Delivery driver CNI No. XXXX

Seq No. Offences:

1. Common Assault
Act Crimes Act (1900)
Section 61
ARRESTING OFFICER
Name: Constable Shane Bruiser
Station: Parramatta
INFORMANT
Name: Cratchit, Bob
Address: The Toy-Shoppe
27 Rue Morgue
Harris Park
ACCEPTING OFFICER
Name: Constable Shane Bruiser
Station: Parramatta
Date: 12 October 2013
COURT
Court Name: Parramatta Local Court
Court Date: 22 October 2013
WITNESSES
Police Witnesses: 0
Civilian Witnesses: 1
BAIL
Bail Type: N/A

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 New South Wales Police

FACTS SHEET con’t

Defendant: JONES, Spike

ANTECEDENTS

The accused is currently employed as a delivery Pizza Driver man. He resides in a foster home. The accused has a
previous conviction for driving without licence.

FULL FACTS

On Saturday 23 April 2018, at approximately 11:35am the accused accompanied by Miss Pixie Dust and Master Tito
Dust entered the Toy-Shoppe located in 27 Rue Morgue Harris Park

The CCTV recordings from the shop show that shortly after the accused entered the said premises, the owner Mr
Cratchit approached the accused. Mr Cratchit and the accused started to argue and Mr Cratchit attempted to forcefully
march the accused outside of the shop. The accused hit Mr Cratchit breaking his nose.

At approximately 11:36am, the Accused, Miss Dust and Master Dust exited the premises in a hurry.

At approximately 11:45am Mr Cratchit contacted the Paramatta Police Station by phone.

At approximately 12:25pm Constable Bruiser attended the Parramatta Train Station and approached the accused.
Constable Bruiser asked the accused words to the effect “Have you punched the owner of the Toy-Shoppe in the face
today?” . To which the accused replied “I did”.

Constable Hackett requested the accused to produce his driver’s licence. After checking the licence details, Constable
Bruiser placed the accused under arrest and the accused was conveyed to Parramatta Police Station.

The accused was charged with Section 61 Crimes Act 1900 (NSW)

All safeguards of the Law Enforcement (Powers and Responsibilities) Act 2002 were adhered to.

The accused was charged with the matter now before the court.

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 APPENDIX 2

SPIKE’S INSTRUCTIONS

(STATEMENT)

My name is Spike Jones and I am the accused in these proceedings.

I am a 19 year old young man from Sydney. I live with my foster family in Granville. I never met
my biological parents and I have lived in foster homes since I can remember. I work as a pizza
delivery boy and ride a scooter every night. I am about to start an apprenticeship with the local
motor mechanic and I will lose my apprenticeship if I am convicted in this case.

On 23 August 2018 at approximately 10:00am, I met with my girlfriend Pixie Dust (18yo) and her
little brother Tito (11yo) at Paramatta to spend some time together. Shortly after we met, Pixie
showed me a broken toy and asked me to help her returning the toy to the Toy-Shoppe in Harris
Park where it was purchased the day before. Pixie showed me the receipt from the shop.

The same morning we all went to the Toy-Shoppe in Harris Park and showed the broken toy to
the owner. The owner became very agitated and told me that it was the third time the same
model had been returned and he was not prepared to give Pixie a refund or a new toy. He then
started to scream “you rascals get out of my shop!” to which I screamed back “we are not going
anywhere until you give us a refund or a new toy!”.

The owner is a big bloke and I am kind of small. He got closer and suddenly grabbed me and
started pushing me towards the door. I screamed “don’t touch me!” and he put a hand on my
mouth and said “Shut up punk or I’ll smash your face”.

When the owner grabbed me and put a hand on my mouth, I feared that he would hurt me bad. I
have been hurt in the past. I instinctively threw a punch and caught him good on the nose. I
screamed to Pixie and Tito to run. We all ran out of the shop and went to the station. We were all
very upset and sat down on the benches outside the Parramatta Station to cool down. We were
talking about going to the police when a Police Officer approached us and asked me whether I
punched a guy in a toy shop. I started to tell him my story when he grabbed me and said that I
had to follow him to the station.

I believed the police was going to help us getting a new toy but instead they charged me and now
I have to go to Court.

I never committed any violent crime. I had some driving offences though. That’s why I still have
to take the train everywhere. I am sorry for hurting that bloke, I did not mean to hurt him so bad.
I just want him to get his hands off me. I also feared for Pixie and Tito. It was an accident.

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 APPENDIX 3
LEGAL STUDY ASSESSMENT TASK - GUIDELINES

By the end of this task you will have completed 2 components:

1. A written report containing a legal advice to Spike
2. An oral submission in defence of Spike. The submission will be

In order to complete the task you will:

a) Attend classes.
b) Search a legal information website (http://www.austii.edu.au ; https://www.legislation.nsw.gov.au) to navigate
the Crimes Act 1900 (NSW) and identify the relevant charges to Spike.
c) Prepare a timeline of all the facts and in particular of the facts occurred inside the Toy-Shoppe.
d) Keeping in mind the facts of the case, search a legal information website for any available defence to the
criminal charges (https://www.judcom.nsw.gov.au/publications/benchbks/criminal/ch06-defences.html )
e) Search the Crimes (Sentencing Procedure) Act 1999 on a legal information website for mitigating factors that
the Magistrate should consider if Spike is convicted
(http://www5.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/index.html#s21a)
f) Use Microsoft Word to write your Report.
g) Use Microsoft Word to write your oral submissions. You can use flashcards, list of bullet points, Power Point
Presentation

Key Elements of the Task

- Explain what the crime is, what characterises it and how it can be applied to the facts in this case;
- Find one or more defences applicable to Spike’s case.
- Find mitigating factors that might apply to Spike’s case.
- Organise your information in accordance with the Scaffold provided.

Skills Required
- To be able to use the internet to research legal websites.
- To be able to prepare a timeline of the facts in this case.
- To be able to navigate the index of an Act to identify the correct/applicable section and access it.
- To be able to identify the elements of the relevant offence.
- To be able to compare the facts and the elements of the offence.
- To be able to use the notes you have taken during class when going through the lessons on Nature of
Crime/Criminal Trial Process/Sentencing.
- To be able to write down the information you found on line. IN YOUR OWN WORDS.
- To be able to create a word document.
- To be able to prepare a speech/presentation using (MS Word or Flashcards or Power Point Presentation).
- To be able to follow a logical sequence.
- To be able to present your Oral Submission to the class within the time limit.

Resources Required
- Pens & Paper to take your notes
- Access to a desktop computer or a laptop and to the Internet (This will be provided for you at school on:
Thursday Week 1 Period 2
Monday Week 2 Period 4
Wednesday Week 2 Period(s) 2-3
Total 4 hours

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 ALARM Matrix applied to Legal Studies Follow the flowchart

EVALUATE LEGAL
EVALUATE the OPTION AND
IDENTIFY DESCRIBE
ANALYSE the Law APPLICATION of the EFFECTIVENESS OF
ISSUES Facts
Law THE SYSTEM

- What are the main

issues you have
What options are
been asked to
available to the
provide an advice? - What are the facts?
- What kind of Can the charges be accused.
I. The facts - Describe the facts
crimes has the applied to the facts
II. The law concerning the
Accused been in the case? What matters
III. Whether the accused. Follow a
charged with? -Can the charges be should be brought to
charges (law) chronological
- What are the applied to the the attention of the
apply to the sequence of facts.
elements of these accused’ actions? Magistrate?
facts.
charges?
IV. What options are
Has the system
open to the
Accused?

TIME MANAGEMENT
Steps Date
Assessment task is handed out. Read assignment. Research the criminal charges. Write Thursday - Week 1
down the facts concerning the accused party’s action in the shop in a timeline.
Check what a legal advice looks like. In your own time
Go through the criminal charges and the elements of the crime relevant to Spike. Search Monday - Week 2
available defence(s) and mitigating circumstances. Start typing your Report
Compare the elements of the crime and the facts and see whether there are
inconsistencies or similarities. Organise your findings Wednesday -Week 2
Use the scaffold to write the report and allocate each paragraph under its correct heading.
Finish Typing up the report. Submit the report.
Rehearse your Oral Submissions aloud at least 5 times. After submitting your
Report

LEGAL GLOSSARY

Accused A person who has a criminal charge brought against them.

Allegation A claim made by one party (such as the police) about something that has or has not been done. This claim needs to be proved in court.

Beyond This is the standard of proof in criminal cases. For a person to be found guilty of a criminal charge, the person making the allegation,
reasonable doubt usually the police, has to bring enough evidence to prove that the defendant committed the crime. The court must be satisfied from the
evidence that there is no other reasonable explanation.

Charge When the police formally accuse a person of committing a criminal offence.

Criminal case A case to decide whether a person who ahs been charged is guilty of a crime or other offence.

Defence 1. In a criminal case, the reasons given by a defendant as to why they are not guilty of a criminal offence.

Evidence Verbal or written statements of witnesses, documents and other items used to support a party's case in court

Magistrate A judicial officer appointed to hear and determine civil and criminal matters in the Local Court.

Not guilty When a person did not commit a criminal offence or they did commit a criminal offence but they had a defence.

Submissions Verbal or written arguments made to the court about the facts of the case and the law that applies to a case.

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 CRITICAL REFLECTION

“I am never guided by the possible assessment of my work”

(Vladimir Putin -The Putin Interviews)

Introduction

This reflection focuses on the importance of assessment and feedback as instruments available to teachers to assist
the students’ learning process. The reflection also addresses the application of these instruments within the writer’s
teaching style. Different perspectives on the nature and role of assessment and feedback are considered throughout
this reflection.

The role of assessment

Assessment is central to learning but also to the student experience (Falchikov & Thomson, 1996). Ideally
assessment should be a central stage of the learning experience where formal and informal assessment activities are
used to inform the planning of future learning. This approach is based on the presumption that all students can
improve as long as the teaching processes and pedagogy are tailored on the individual needs of the students. The
word assessment comes from the Latin expression assidere, “To sit with” which would indicate sitting together to
assist someone (Wiggins, G. P., 1993). Realistically, assessment is too often relegated to providing evidence of
achievement to the students themselves as well as the wider community, including parents, educators and outside
groups.

This pressure on secondary education teachers in New South Wales often deters teachers, from attempting to
implement innovations and ideas which by the fear of not conforming to the numerous protocols of internal and
external quality control (APS, Syllabus, Curriculum, School Policies, Departmental Policies, NESA’s guidelines etc).
Stage 6 Students, on the other hand, are often frustrated because the ideals of maximising their learning seem to be
shattered by the significant pressures of summative grading. These contrasting needs and perceptions between the
aims and processes of an education system have been recognised by researchers as capable to undermine its
credibility and its capacity to develop (Taras, M., 2010).

Education researchers have divided assessment in three different categories, namely: assessment for learning,
assessment of learning and the third and assessment as learning (Rowntree, D., 1987). This subdivision is based on
the purpose and time of assessments. Assessment for learning- often referred as formative assessment - is
concerned with how judgements about the quality of student responses (performance, pieces, or works) can be used
to shape and improve the students’ competence by short-circuiting the randomness and inefficiency of trial-and-
error learning. (Sadler, 1989, p. 120).On the other hand assessment of learning -also described as summative
assessment - is the formal style of assessment that measures the students understanding against the outcomes being

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assessed. The role of Assessment as learning is to help students evaluate and regulate themselves (Fleming, 2006;
Volante, 2010).

Standard 5 of the Australian Professional Standards for Teachers requires teachers to assess student learning (5.1),
provide feedback to students on their learning (5.2), Make consistent and comparable judgments (5.3), interpret
student data (5.4) and report on student achievement (5.5).

Designing planned assessment in human society and its environment (HSIE), and in particular in Legal Studies
requires an approach that is consistent with the all the requirements of a stage 6 course with particular focus on
teaching and learning programs with planned assessment opportunities connected to the outcomes and subject
matter of the syllabus.

The importance of Feedback

One of the basic principles of learning is that learners need feedback. They need to know what they are trying to
accomplish, and then they need to know how close they are coming to the goal. (Cross, 1996, p. 4) In this direction it
is argued that tutor feedback and student learning should be inseparable. If they become uncoupled, the formative
aspect of assessment is lost. (Orsmond et al., 2000, p. 24).

The importance of feedback is also recognised by the Australian Professional Standards for Teachers ( 5.2). Despite
its unanimous recognition as being a vital aspect of the learning process, the role of feedback is the source of great
dispute amongst the researchers. So, the common position can be summarised as feedback having different
functions depending on the learning environment, the needs of the learner, the purpose of the task, and the
particular feedback paradigm adopted (Knight & Yorke, 2003; Poulos & Mahony, 2008).

Moving away from this scientific conundrum, it is important for teachers to realise that feedback (perhaps more so
than assessment) requires an active participation from students with the student taking increased responsibility for
seeking out and acting on feedback (Sadler, 1989, p. 120). In other words, in order for feedback to really work it
should no longer be contained in the so-called “knowledge of results” (teachers providing judgements on students’
work).

Use of ICT in assessments

The push towards a more technological society has deeply impacted on the teaching across all learning
environments. Bonk and Cunningham (1998, p. 27) accurately state “as the menu of technology choices in schools
and workplaces escalates, instructional decisions regarding how to communicate with learners across these settings
are becoming increasingly critical and complex”. This paradigm can be extended to the use of technology with
respect to assessment and feedback practices. Cole and Engestrom (1993) describe technology as a `cultural
amplifier', meaning that while technology can change the nature of human productivity, it can also change
approaches to learning and expectations of the teacher's role.

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Internet based technologies enable students with a significantly wider access to information and learning resources
and provides the potential of many-to-many communication, exposing students to many ideas and issues (Teles
1993; McLoughlin 1999b). The role of teachers would be to assist students in accessing and identifying reliable
sources of information within such a wide spectrum of possibilities. This objective can be obtained through the use
of Scaffolds and guidelines within the assessment as well as during class.

This approach helps teachers consider diversity in all teaching and learning processes - in selecting learning activities,
in designing supports for learning as well as in the choice of assessment strategies. By being exposed to a vast range
of ideas, students learn to value multiple perspectives (McLoughlin 1999). The idea of being part of a global learning
community enables students to develop critical awareness of how they construct their own understanding (Sugar &
Bonk 1998), and to identify their own (often ethnocentric) ways of thinking (McConnell 2000).

Intellectual Quality in Assessment

Over the last decade the Quality Teaching model developed by Professor Gore and Dr Ladwig informed teaching
practices and processes throughout Australia (Ladwig, J. G., Smith, M., Gore, J. M., Amosa, W. A., & Griffiths, T.,
2007). The application of the quality teaching model should extend to the planning and design of assessments in
secondary schools.

In order to achieve Deep Knowledge in assessment design, a task would be designed in a way that requires students
to draw content together. Legal Studies HSC syllabus offers a wide spectrum of subjects that would allow teachers to
organise tasks centred on deep knowledge including: moot trials, essays where students are expected to provide
legal advice, legal debating exercises.

Teachers can plan assessments that cater students’ Deep Understanding through tasks structured in a way that
students are required to demonstrate explicitly the link between concepts, ideas and facts and perspectives. Legal
Studies HSC syllabus presents a variety of information and ideas, to mention a few: moral considerations,
interpretation of the law, witness perspectives, governance considerations.

Legal Studies HSC provide a series of opportunities to teachers who wish to engage students’ Problematic
Knowledge. An example would be a task in which students are asked to provide alternative solutions. This would
occur if the task requires students to explore the assumptions underpinning a variety of perspectives when
presenting their reports or presentations.

All human society and its environment (HSIE) subjects (including Legal Studies) provide a launch pad for teachers to
engage students in High Order Thinking activities. HSC Legal studies assessment should be engineered so that
students can construct meaning from information (by classifying, comparing, summarising, inferring and explaining).
A number of matrixes have been developed for legal studies essay writing including but not limited to ALARM, IRAC
and ABCDE of legal writing.

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The acquisition of metalanguage is a keystone in the quality teaching model. As such assessments should require and
reward students’ use of a set of technical terms in their responses and/or essays.

Finally, teachers can maintain students’ High Expectations by designing assessment tasks where students are
expected to take conceptual risks. For instance, this can be achieved by planning a task where students critically
evaluate the criminal charges against a challenging factual background.

Differentiation within the assessment

In Australia and overseas, employers are increasingly demanding graduates with an understanding of cultural and
social diversity, with the capacity to work effectively in diverse communities or with people who may have very
different life experiences and world views (McLoughlin, C., 2001).

Teachers are therefore expected to “internationalise” the curriculum (or their approach to it) to reach beyond
national boundaries. This brings the idea of internationalisation closer to the notion of `multicultural education'.
Both share features in common, which include fostering understanding of human diversity, commonality and social
justice, while promoting intercultural competencies (Chisholm & Wetzel 1997; Wild & Henderson 1997).

The internationalisation of HSC legal studies syllabus in an assessment task might be achieved by inserting in an
assessment task a comparative research on an overseas legal approach to the issue at hand. The same comparative
/international spin might be used as a stimulus, an adjustment to include an ESL student or even as a five-minute
filler at the end of a lesson (eg weird laws from around the world).

Conclusion

Teachers (and students) often appear more concerned with grades than with learning. This is particularly relevant in
the area of assessment and feedback. In order to re-balance the focus between learning and grading, student
participation through peer and self-assessment should be considered by educators and teachers alike.

Much research has been done on the central position that assessment occupies in learning (Black & Wiliam, 1998, p.
18). After reviewing much of the literature referred in this reflection, the writer has come to the conclusion that in
order for assessments to be truly formative, teachers should initially separate assessment and feedback from grading
so that students can develop their own judgements. Students should receive their grades from their teachers at a
later stage.

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 BIBLIOGRAPHY

Assessment from NESA Policy & Practices

http://educationstandards.nsw.edu.au/wps/portal/nesa/11-12/Understanding-the-curriculum/curriculum-
development/st6-assessment

Reporting and Assessment Effective Practices

Marsh, C. (2010). Assessment and Reporting. In C. Marsh, McTighe, J. & O’Connor, K. (2005) Seven
practices for effective learning. Educational Leadership, 63(3), 10-17.

Matters, G. (2005). Designing Assessment tasks for Deep Thinking. Curriculum Corporation Conference,
Brisbane, 3 June.

Teacher Judgment
Sudkamp, A., Kaiser, J. & Moller, J. (2012). Accuracy of Teachers’ judgments of Student’s academic
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