ENVH12002 - Environmental Health Law
Term 1 - 2017


All details in this unit profile for ENVH12002 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit aims to provide students with an understanding of the interpretation and application of statutes, legislative frameworks and principles that form the foundation for environmental health practice. In particular, this unit will detail various legislative tools for the management of public health issues in different settings. The prosecution process and gathering of evidence will be discussed, along with a detailed discussion on the role of the environmental health practitioner in relation to public health, environmental and planning legislation. Major topics covered include: an introduction to law and government, public health law, planning and environmental law, local laws, investigation processes and procedures.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 2
Fraction of Full-Time Student Load 0.125

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Online Quiz(zes) 15%
2. Online Quiz(zes) 40%
3. Written Assessment 45%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Technical issues with Moodle site- broken links, quiz problems Course evaluation Check links each week rather than just prior to commencement of term. Ensure links refer to current course and not to previous year.
Increased student- lecturer contact Course evaluation Introduce a scheduled Collaborate tute early in the term and at several points throughout the term to establish contact and assist in the application of the legislation to a particular topic, rather than asking students to identify when and if they want a tutorial.
On successful completion of this unit, you will be able to:
  1. Interpret and apply the provisions of key public health legislation related to environmental health practice
  2. Interpret and apply the provisions of key environmental and planning legislation related to environmental health practice
  3. Identify and manage public health issues using legal frameworks within relevant environmental and public health legislation
  4. Apply legal procedures relevant to the administration of environmental and public health legislation

This unit meets the following criteria for accreditation by Environmental Health Australia:

L1 Introduction to legislative frameworks for environmental health.

L2 Introduction to the law making process and factors that influence policy and legislation.

L3 Knowledge of how to interpret legislation.

L4 Knowledge of public and environmental health legislation.

L5 Introduction to development assessment processes.

L7 Introduction to grounds for internal and external reviews, appeals, etc.

L9 Knowledge of legal authority and requirements to act in accordance with the purpose of legislation and ethical standards for authorised persons/officers (e.g. duty of care, confidentiality, powers of entry).

L10 Knowledge of compliance options (legislative and non-legislative) including their strengths, limitations and legislative requirements.

L11 Introduction to interviewing, investigation and risk-based inspection techniques, prosecution processes, court procedures, etc.

L12 Introduction to enforcement guidelines/policies/protocols.

L13 Introduction to governance principles and strategies, ethics and decision making.

L14 Overview of the jurisdiction and role of agencies relevant to environmental health in all tiers of government.

L15 Introduction to key government strategies and intergovernmental agreements in the context of environmental health.

L17 Knowledge of criteria and general procedures for assessing, approving, determining conditions and licences, notices, orders and fines.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Online Quiz(zes)  
2 - Online Quiz(zes)  
3 - Written Assessment  

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1. Communication
2. Problem Solving
3. Critical Thinking
4. Information Literacy        
5. Team Work        
6. Information Technology Competence        
7. Cross Cultural Competence        
8. Ethical practice

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Online Quiz(zes)          
2 - Online Quiz(zes)        
3 - Written Assessment    

Prescribed Textbooks

Public and Environmental Health Law
Author/s: Reynolds, C Year: 2011
Edition: 3rd edn Publisher: Federation Press
City: Annandale State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
All submissions for this unit must use the Harvard (author-date) referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorLisa Bricknell (l.bricknell@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Introduction to environmental health law

Reynolds (2010) Ch 1

Week 2 13-03-2017

The governance of public health and the Court system in Australia

Reynolds (2010) Ch 2& 3

Week 3 20-03-2017

Theory of Regulation

Reynolds (2010) Ch 5

Week 4 27-03-2017

Statutory powers and the interpretation of statutes

Reynolds (2010) Ch 2 & 4

Week 5 03-04-2017

Public Health Legislation

Reynolds (2010) Ch 6 & 12

Assessment Item 1- Online Quiz Due Friday (07 Apr 17) 11:45 PM AEST
Vacation Week 10-04-2017
Week 6 17-04-2017

Public Health Legislation cont'd

Reynolds (2010) Ch 6 & 12

Week 7 24-04-2017

Environmental protection law

Reynolds (2010) Ch. 7

Assessment item 2A: Short answers (public health) Due Friday (28 April) 11:45 PM AEST

Week 8 01-05-2017

Planning and development law

Assessment item 2B- Short answers (environmental protection) Due Friday (5 May) 11:45 PM AEST

Week 9 08-05-2017

Legal procedure and prosecution

Reynolds (2010) Ch 3 & 4

Assessment item 2C- Short answers (planning and development) Due Friday (12 May) 11:45 PM AEST

Week 10 15-05-2017

Local Government and local laws

Selected readings

Assessment item 2D- Short answers (legal procedure and prosecution) Due Friday (19 May) 11:45 PM AEST

Week 11 22-05-2017

Common law & the tort of negligence

Selected readings


Week 12 29-05-2017

Future challenges in environmental health law

Reynolds (2010) Ch 8

Written Assessment Due Friday (02 Jun 17) 11:45 PM AEST
Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Online Quiz(zes)

Assessment Title Assessment Item 1- Online Quiz
Task Description

Details

It is rare that you will ever need to read a piece of legislation from front to back, or know specific provisions by rote. In most cases you will need to search through the legislation to find the provisions that apply. The layout of almost all Australian legislation conforms to a general framework and the interpretation of provisions should always be done in accordance with the rules of statutory interpretation. This assessment task is designed to assess your ability to find and interpret specific provisions in legislation according to these principles.
Some information about the quiz:
  • The quiz will become available from Week 2 of term and will remain open until 11:45 pm on the Friday of Week 5.
  • The quiz will consist of 30 multiple-choice questions.
  • There is no time limit to complete the quiz and you can save your quiz and return to it later (while the quiz is available)
  • You should choose the most correct answer
  • Your final result will show which questions you got right or wrong. This will let you know what areas you need to study/revise.
For this quiz, Queensland legislation must be used.
Number of Quizzes 1
Assessment Due Date Week 5 Friday (07-Apr-2017) 11:45 PM AEST
Return Date to Students Results will be available to students once the quiz has closed.
Weighting 15%
Assessment Criteria

This assessment task assesses the student's ability to find and interpret specific provisions in legislation according to the rules of statutory interpretation.

Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Interpret and apply the provisions of key public health legislation related to environmental health practice

2. Interpret and apply the provisions of key environmental and planning legislation related to environmental health practice

3. Identify and manage public health issues using legal frameworks within relevant environmental and public health legislation

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence



2 Online Quiz(zes)

Assessment Title Assessment Item 2- Short answer assignments
Task Description

Details

Three short answer assignments relating to the following topics will be posted on Moodle. Each assignment will be worth 10% of the overall grade for the unit.

  • Part A- Public Health legislation
  • Part B- Environmental protection legislation
  • Part C- Planning and development legislation
  • Part D- Prosecution procedures and legal process

Answers should be clear and concise and should include a reference to the relevant legislatory provision, including the name of the Act (you may use an abbreviated form), the section and the subsection where appropriate. In some cases you may need to only refer to the Act and the relevant Part or Chapter.

You will need to have the relevant legislation available to refer to when you are completing the assignment.

Students who are located outside Queensland may use their local legislation to complete this assignment. If you are using legislation from another jurisdiction, you will need to specify this in each answer when you identify the legislatory provision you have applied.

Number of Quizzes 4
Frequency of Quizzes Weekly
Assessment Due Date Part A- Friday Week 7; Part B- Friday Week 8; Part C- Friday Week 9; Part D- Friday Week 10
Return Date to Students Two weeks after quiz closes.
Weighting 40%
Assessment Criteria
  • Correct identification, interpretation and application of statutory provisions (60%)
  • Correct legal referencing (40%)
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Interpret and apply the provisions of key public health legislation related to environmental health practice

2. Interpret and apply the provisions of key environmental and planning legislation related to environmental health practice

4. Apply legal procedures relevant to the administration of environmental and public health legislation

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence



3 Written Assessment

Assessment Title Written Assessment
Task Description
Details
A case study will be provided to you on Moodle. Write a report discussing the case in its legal context, addressing the following:
  • Identify the statute and legislatory provisions that apply to the case.
  • Into which government agency’s jurisdiction does the case fall?
  • Is there evidence that there is a breach of the legislation? If so, describe the evidence and how it constitutes a breach. In particular, identify the elements of the offence and describe the evidence relating to each element.
  • What action should be taken by the regulatory body? If you would recommend an improvement notice or similar type of legal requisition, prepare the documentation and include it as an Appendix.
  • Discuss how you would escalate the action should the offender fail to comply with this requisition.
  • What further evidence would be required to bring the case to Court in a prosecution? How would this evidence be collected?
  • Develop a series of questions that you would ask in a formal interview, which would form the framework for a legal statement presented as evidence in Court. Include these questions as an Appendix.
  • Can action be taken under common law? If so, briefly describe what action that would be.
  • What is the expected outcome? Consider best, worst and most likely scenarios.
Students who are located outside Queensland may use their local legislation to complete this assignment. If legislation from another State is used, this must be clearly specified in the introduction of the report.
Assessment Due Date Week 12 Friday (02-Jun-2017) 11:45 PM AEST
Return Date to Students After certification of grades.
Weighting 45%
Assessment Criteria

This assessment task will be graded according to the following criteria:

  • Demonstrated knowledge and application of relevant statute law (25%)
  • Competent analysis and evaluation of the facts as presented in relation to legal frameworks, including statutory and common law (20%)
  • Recommends appropriate legal action (20%)
  • Prepares appropriate legal documentation, including notices, orders, statements, etc (15%)
  • Structure and written expression (10%)
  • Legal referencing (10%)
Conditions Minimum mark or grade - Students must achieve an overall composite grade of 50% and minimum of 50% (25/50) for this assessment task to be eligible to pass the course.
Referencing Style Harvard (author-date)
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Interpret and apply the provisions of key public health legislation related to environmental health practice

3. Identify and manage public health issues using legal frameworks within relevant environmental and public health legislation

4. Apply legal procedures relevant to the administration of environmental and public health legislation

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

8. Ethical practice




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