Definition of 'recent' by the VCAA

[kbanks]

How recent should 'recent changes and recommendations for the legal system' need to be? (last dot point of U4AOS2)
What are some good contemporary examples that would be ok for the 2017 legal exam?

Hey

VCAA has recently released a statement that they are cracking down on what they term to be 'recent' for exam purposes, to very strictly be within the last 2 years.

However, there is potentially going to be some leeway for this year's exams, as obviously they've only just come out and made the statement. It's more likely to be strictly implemented next year, with the introduction of the new legal studies study design.

That being said, to be safe, I would attempt to find changes and recommendations that are based within at least the last few years - recommendations are easier, as many of these carry through until such a time where they are implemented.

Some recent recommendations have included increased funding to legal aid, which would assist in achieving fair and unbiased hearings, as well as access to justice. In addition, there have also been recommendations relating to loosening the rules of evidence and procedure that are currently in place in the courtroom (such as allowing certain types of hearsay evidence, or written evidence) which could reduce the time of a trial, allow the judge to exercise discretion, and assist in achieving timely resolution of disputes.

As to actual changes that have been made within the legal system, there are obviously minor adjustments being made more often, but for some notable ones, you could look to the introduction of the Koori Court, which allows Indigenous Australians to have their cases heard in a way more reflective and respectful of their culture, such as having Elders present, which assists in achieving access to justice.
Another change has recently been the increase in the number of cases that are going to methods of alternative dispute resolution (in civil cases, an incredibly large percentage are now settled out of court) which is a consistent change trend that has led to an increase in the effectiveness of our court system (arguably) through the achievement of the timely resolution of disputes.

Unfortunately, off the top of my head I don't know of any from this year, but hopefully someone else reads this that can provide you with an example! Hope the above helps anyway.

Thanks,
Karly.

Moderator Edit (Glasses): Split discussion from questions thread

[meganrobyn]

Hey

VCAA has recently released a statement that they are cracking down on what they term to be 'recent' for exam purposes, to very strictly be within the last 2 years.

However, there is potentially going to be some leeway for this year's exams, as obviously they've only just come out and made the statement. It's more likely to be strictly implemented next year, with the introduction of the new legal studies study design.

That being said, to be safe, I would attempt to find changes and recommendations that are based within at least the last few years - recommendations are easier, as many of these carry through until such a time where they are implemented.

Some recent recommendations have included increased funding to legal aid, which would assist in achieving fair and unbiased hearings, as well as access to justice. In addition, there have also been recommendations relating to loosening the rules of evidence and procedure that are currently in place in the courtroom (such as allowing certain types of hearsay evidence, or written evidence) which could reduce the time of a trial, allow the judge to exercise discretion, and assist in achieving timely resolution of disputes.

As to actual changes that have been made within the legal system, there are obviously minor adjustments being made more often, but for some notable ones, you could look to the introduction of the Koori Court, which allows Indigenous Australians to have their cases heard in a way more reflective and respectful of their culture, such as having Elders present, which assists in achieving access to justice.
Another change has recently been the increase in the number of cases that are going to methods of alternative dispute resolution (in civil cases, an incredibly large percentage are now settled out of court) which is a consistent change trend that has led to an increase in the effectiveness of our court system (arguably) through the achievement of the timely resolution of disputes.

Unfortunately, off the top of my head I don't know of any from this year, but hopefully someone else reads this that can provide you with an example! Hope the above helps anyway.

Thanks,
Karly.

Sorry to chime in on this - but I just have a few queries.

Firstly, where did you see that statement, can I ask? Because there's nothing official on the VCAA website that I've seen, I'm not aware of that change or of the chief assessor flagging it in relation to last year's exam, and the "recent" definition for the new SD is four years. Do you have a link to where you saw two years? Because that's a really big deal, if reliable.

Also, the recent changes suggested in the post are all too old (ie. older than five years), and some aren't specific enough (eg. an argued increase in non-judicial resolution, but not linked to any particular reform), sorry. It's the least easy topic to give recommendations on!

[kbanks]

Sorry to chime in on this - but I just have a few queries.

Firstly, where did you see that statement, can I ask? Because there's nothing official on the VCAA website that I've seen, I'm not aware of that change or of the chief assessor flagging it in relation to last year's exam, and the "recent" definition for the new SD is four years. Do you have a link to where you saw two years? Because that's a really big deal, if reliable.

Also, the recent changes suggested in the post are all too old (ie. older than five years), and some aren't specific enough (eg. an argued increase in non-judicial resolution, but not linked to any particular reform), sorry. It's the least easy topic to give recommendations on!

Hey!

It is absolutely one of the most challenging aspects of the Legal Studies study design to give examples on, and as I said above, I am yet to come across any examples from this year. Since the question was asked, I've been doing some research on some more recent examples.
One that I have found is a restructure of the VCAT fee structure, which came into place from July 1 2016, to allow for a concession fee and a corporations fee (lower and higher than normal respectively), which can be used as an example of a reform that has increased access to justice, by allowing cheaper VCAT access for those who qualify for the concession rate.

If you have any other examples to add in, feel free It's always better to have more examples than not enough.

In relation to the VCAA information, it was passed along to me by a co-worker, so I will endeavour to track down the source for you and post it here when I do.
Thanks!
Karly.

[kbanks]

Sorry to chime in on this - but I just have a few queries.

Firstly, where did you see that statement, can I ask? Because there's nothing official on the VCAA website that I've seen, I'm not aware of that change or of the chief assessor flagging it in relation to last year's exam, and the "recent" definition for the new SD is four years. Do you have a link to where you saw two years? Because that's a really big deal, if reliable.

Also, the recent changes suggested in the post are all too old (ie. older than five years), and some aren't specific enough (eg. an argued increase in non-judicial resolution, but not linked to any particular reform), sorry. It's the least easy topic to give recommendations on!

Hi again,

Further to my above post, the information came from a seminar run by VCTA (the Victorian Commerical Teachers Association). We have a number of people who work on our materials for us, and one of them gained the information from a seminar run by VCTA in relation to the new Legal Studies study design.

https://www.vcta.asn.au/professionallearning/vcaa-vce-legal-studies-study-workshops-on-the-new-study-design

That being said, the seminar related to the NEW study design, and as I mentioned in my original response, I'm pretty sure this means they will only be 'cracking down' on what they term to be recent, as of next year, for the new study design. Therefore, I don't imagine it will have as big of an impact on this year's exam.

Hope this helps!

Karly.

[Glasses]

Hi again,

Further to my above post, the information came from a seminar run by VCTA (the Victorian Commerical Teachers Association). We have a number of people who work on our materials for us, and one of them gained the information from a seminar run by VCTA in relation to the new Legal Studies study design.

https://www.vcta.asn.au/professionallearning/vcaa-vce-legal-studies-study-workshops-on-the-new-study-design

That being said, the seminar related to the NEW study design, and as I mentioned in my original response, I'm pretty sure this means they will only be 'cracking down' on what they term to be recent, as of next year, for the new study design. Therefore, I don't imagine it will have as big of an impact on this year's exam.

Hope this helps!

Karly.

Hi Karly,

Just to chime in - at the VCTA workshop I attended, the speaker (and I think powerpoint) said that the VCAA was defining "recent" as being within the last 4 years (at least in the new study design).
Therefore, maybe it would be worth confirming whether it is 2 or 4 years with the VCAA?

[kbanks]

Hi Karly,

Just to chime in - at the VCTA workshop I attended, the speaker (and I think powerpoint) said that the VCAA was defining "recent" as being within the last 4 years (at least in the new study design).
Therefore, maybe it would be worth confirming whether it is 2 or 4 years with the VCAA?

Hey

So good to have someone who attended them as well - as I mentioned, I received the information from a co-worker and therefore is obviously secondhand, so if you also attended the seminar and gleaned a different interpretation of the information disseminated that's great to know.

For this year's exam, I don't imagine it being as much of an issue, as the seminars and VCAA publications are targeted towards the new study design, which doesn't come into effect until 2018. Obviously, however, we do want to clarify for then, and also probably just to cover all bases for this year's exam.

There are examples that can be found for the past 2 years, but definitely if it is the past 4 instead, it does open the scope for what can be used, and makes it easier for students!

Will report back when I gain more information.

Karly.

[meganrobyn]

Yes, the new SD and the implementation workshops say four years - and that's what the textbooks I know of are doing, including the one I write (but obviously if I'm wrong then my textbook doesn't count). I've only heard or seen four years, though.

If the information came from one of the VCTA implementation workshops, then those only relate to the new SD - so, not applicable to this year. This year the recent reforms are from the last five years. But I've now heard this two-year thing twice, though, so that's strange.