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 recommendations 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 recommendation 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 bibliography as per the Australian Guide to Legal Citation (4th ed). FOOTNOTES/CITATIONS Due to the broad range of students within this subject, some flexibility is permitted regarding the reference 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/referencing-help STUDENT SUPPORT AND ASSISTANCE Library Your Library offers many ways to support your study. Play Library Quest lib.latrobe.edu.au/libraryquest 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, reading, writing and presenting, academic language, and maths skills; • Assessment Planner - http://www.latrobe.edu.au/library/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/referencing-tool - Get detailed examples of referencing styles and understand why and how we reference, includes the four major styles; • Referencing at La Trobe University http://latrobe.libguides.com/referencing/ - Understand how and why to reference • Chat to library staff - www.latrobe.edu.au/library - Access the text chat service from the Library website 5 • Contact us - www.latrobe.edu.au/library/about/contact - Call or email your Library 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 (03) 9479 2900 (Melbourne); (03) 5444 7410 (Bendigo); (02) 6024 9628 (Albury-Wodonga); National Relay Service Deaf and Hearing Impaired: T: 133677 (within Australia only). Email: [email protected] 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 occurrences: • 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 (80-100) assignment: • 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 (70-79) assignment: • 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 (60-69) assignment: • presents an apparent, but not always coherent argument • shows adequate comprehension of the relevant concepts, principles and/or doctrine, but with no major errors 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 (50-59) assignment: • shows some comprehension of relevant concepts, principles and/or doctrine, even where there are major errors 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 errors 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 DayAug 14, 2021LAW2CLPLa Trobe University

Answer To: Microsoft Word - LAW2CLP Policy Task 2020.docx LAW2CLP – POLICY TASK – 2020 DUE DATE: MONDAY 14TH...

Swati answered on Sep 11 2021
131 Votes
Policy paper
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 under
mine 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, correction 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 terrorist 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 broad 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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