FACULTY OF SCIENCE School of Aviation

AVIA2401 Aviation Law & Regulations

Session 1, 2013

Table of Contents 1. Information about the Course ................................................................................................................................................ 2 2. Staff Involved in the Course .................................................................................................................................................. 2 3. Course Details ....................................................................................................................................................................... 3 4. Rationale and Strategies Underpinning the Course .............................................................................................................. 4 5. Course Schedule (please note: lecture sequences are subject to minor changes) .............................................................. 5 6. Assessment Tasks and Feedback ........................................................................................................................................ 6 7. Additional Resources and Support ........................................................................................................................................ 7 8. Required Equipment, Training and Enabling Skills ............................................................................................................... 7 9. Course Evaluation and Development .................................................................................................................................... 8 10. Administration Matters......................................................................................................................................................... 9 11. UNSW Academic Honesty and Plagiarism........................................................................................................................ 10

Faculty of Science - Course Outline 1. Information about the Course 1 NB: Some of this information is available on the UNSW Handbook Year of Delivery Course Code Course Name Academic Unit Level of Course Units of Credit Session(s) Offered Assumed Knowledge, Prerequisites or Corequisites Hours per Week Number of Weeks Commencement Date 4 HPW 12 weeks 5 March 2013 2013 AVIA2401 Aviation Law & Regulations School of Aviation 2 6 Offered in session 1
nd

year

Summary of Course Structure (for details see 'Course Schedule') Component Lecture 1 Lecture 2 TOTAL 2. Staff Involved in the Course Staff Course Convenor Role Name Mr Ron Bartsch Contact Details r.bartsch@unsw.edu.au Consultation Times Tuesdays 1300-1400 HPW 2 2 4 Time 1400 1600 1600 1800 Day Tuesday Tuesday Location Central Lecture Block 4 Central Lecture Block 4

UNSW Online Handbook: http://www.handbook.unsw.edu.au

3. Course Details Course Description (Handbook Entry)

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This course is designed to provide students with an overview of the regulatory structure of civil aviation in Australia. The subject focuses on the legal system within which this regulatory system operates and the powers, responsibilities and scope of the various aviation regulatory authorities. In particular the subject will concentrate on providing a practical insight into the legal implications associated with various aviation personnel including the pilot-in-command. This course aims to assist students gain an understanding of the vital importance of regulations and the law in all aspects of aviation operations. Although this course focuses on aviation law in Australia it also considers the broader international context which is so important to the aviation industry. At the conclusion of this course, students should be able to: 1. Identify and understand, in general terms, how the Australian legal system impinges upon the civil aviation industry; 2. understand the structure and development of the Australian legal system; 3. understand the constitutional limits of the Commonwealth in respect of the regulatory control of civil aviation in Australia; 4. provide an overview of the separation of powers and explain how this doctrine applies in Australia; 5. understand the essential elements of a contract and demonstrate their application to civil aviation; 6. identify and understand tort law as it impinges upon civil aviation operations; 7. identify and understand employment law in the context of aviation industrial matters; 8. identify and understand various principles of administrative, criminal, and corporate law that are relevant to the aviation industry; 9. identify and understand the various principles of international law that are relevant to the aviation industry; 10. extract, analyse and apply relevant legal principles to practical aviation situation; 11. write a research report of a selected aviation-related case; and 12. demonstrate an awareness of strategies to mitigate exposure to legal liability
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Course Aims

Student Learning 4 Outcomes

Graduate Attributes Developed in this Course Science Graduate 5 Attributes Select the level of FOCUS 0 = NO FOCUS 1 = MINIMAL 2 = MINOR 3 = MAJOR 3

Activities / Assessment

Research, inquiry and analytical thinking abilities Capability and motivation for intellectual development Ethical, social and professional understanding Communication

Individual research report Group research report Participation in weekly in-class debate Final exam Tutorial review and discussion questions Final exam Tutorial review and discussion questions Individual tutorial presentation Participation in weekly in-class debate Group report Participation in weekly in-class debate Individual research report Group research report Final exam

2 Teamwork, collaborative and management skills Information literacy 3 2

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UNSW Handbook: http://www.handbook.unsw.edu.au Learning and Teaching Unit: Course Outlines 4 Learning and Teaching Unit: Learning Outcomes 5 Contextualised Science Graduate Attributes

Participation in weekly in-class debate Tutorial review and discussion questions Major Topics (Syllabus Outline) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Introduction to Aviation Law Aviation Legal System (Part I) Australian Legal System (Part II) Regulation of Aviation Contract Law (Part I) Contract Law (Part II) Revision Class/in class quiz Negligence and Other Torts Employment Law Administrative Law Criminal Law Commercial Law Insurance Law Carriage by Air Airline Operations

Relationship to Other Courses within the Program

The proposed course has been designed to complement other aviation courses as they all have a regulatory component and to help develop your understanding of the law and its relationship to the aviation regulatory regime, legal principles and concepts, as they apply across the aviation industry.

4. Rationale and Strategies Underpinning the Course Teaching Strategies The course seeks to provide a practical and pragmatic approach to the law so it can be understood by those working (or intending to work) in the aviation industry. Several different methods are used in the course to assist in achieving student learning outcomes. The choice of assignment and research topic is available so that you may allocate more effort in those exercise questions with which you have a particular interest. This provides greater flexibility, within the scope of the subject, for you to focus on topics of individual interest, or that relate perhaps to your professional endeavors. The final exam will assess student level of understanding and knowledge through short questions. This course aims to provide a learning and teaching environment where students are actively engaged in the learning process as part of a community of learners. The course aims to be interesting, challenging and enjoyable. Activities are linked to both research and scholarship and the real world, and allow students to reflect on how legal issues affect the aviation industry. Student diversity in terms of experiences and learning styles is valued. A supportive environment is provided but there is an expectation that students will take responsibility for their own learning and also learn co-operatively with their peers. Student assessment is designed to reflect the learning outcomes, and meaningful and timely feedback will be provided on coursework.

Rationale for learning and 6 teaching in this course ,

Reflecting on your teaching

5. Course Schedule (please note: lecture sequences are subject to minor changes) 7 8 Some of this information is available on the Online Handbook and the UNSW Timetable . Week Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Week 13 Lectures (Tuesday), Introduction to Aviation Law Australian Legal System (Part I) Australian Legal System (Part II) Regulation of Aviation Contract Law (Part I) Contract Law (Part II) Revision Class Mid-Semester Exam Negligence and Other Torts Employment Law Administrative Law Criminal Law Commercial Law Insurance Law Carriage by Air Airline Operations [Possible revision class to make up for loss of class in Week 8] End of Semester Exam Assignment and Submission dates (see also 'Assessment Tasks & Feedback')

6. Assessment Tasks and Feedback Task Knowledge & abilities assessed Assessment Criteria % of total mark Date of Release Week 1 Submission Each individual will be allocated a legal case study to be completed between week 2 and 4 (inclusive) One week following the distribution. WHO Feedback WHEN Within one week of submission HOW Blackboard Grademark

Legal Assignment

A chosen legal case study. To be advised (week 1)

10%

Mid-semester Examination

Material from week 1- 5

40%

Week 1

Within two weeks of submission TBA

Blackboard Grademark

End of Semester Examination

Entire course material

50%

Week 1

Exam period TBA

Written

7. Additional Resources and Support Text Books Bartsch, R. Aviation Law in Australia (4th Edition) Thomson Reuters Lawbook Co, Sydney, 2013. Essential readings will be provided via Blackboard Essential readings will be provided via Blackboard Additional reading references will be provided via Blackboard http://www.austlii.edu.au http://www.avlaw.com.au International Civil Aviation Organization http://www.icao.org UNSW Law Library

Course Manual Required Readings Additional Readings Recommended Internet Sites Societies/Organisations

Computer Laboratories or Study Spaces

8. Required Equipment, Training and Enabling Skills Equipment Required Enabling Skills Training Required to Complete this Course N/A N/A

9. Course Evaluation and Development Student feedback is gathered periodically by various means. Such feedback is considered carefully with a view to acting on it constructively wherever possible. This course outline conveys how feedback has helped to shape and develop this course. Mechanisms of Review Major Course Review CATEI Other
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Last Review Date

Comments or Changes Resulting from Reviews

This course was subject to a major update in 2012/2013

The CATEI system will be used to evaluate the course at the end of the course. Class Networking and Feedback will be sought from students in-class

CATEI process

10. Administration Matters Expectations of Students Students should be familiar with the information contained in <https://my.unsw.edu.au> regarding expectations of students, assignment submission, examination procedures, equity and diversity and other policies that affect you. The assignments should be word-processed and include a standard title page. They must be submitted via Blackboard. Only under special circumstances should assignments be handed in via email to the lecturer. Application for an extension of time should be made in writing prior to the due date. Late assignments, without a reason deemed satisfactory by the lecturer, will be penalised by a loss of 10% of total possible marks per day. Assignments will attract no marks if they are submitted after other assignments have been marked and returned, or two weeks after the due date (whichever is the earlier). Students are referred to the University's Student Handbook for full details on academic regulations. N/A Students are expected to be regular and punctual in attendance at all classes. All applications for exemption from attendance at classes of any kind must be made, in writing, to the Lecturerin-Charge. An attendance form must be signed by attending students at each lecture. In order to ensure a Pass in the course, students must miss no more than two classes, without reasons deemed satisfactory by the lecturer. Special Consideration. In case of absence from the class test, a request for special consideration may be made only in accordance with the University's standard guidelines. Those students who have a disability that requires some adjustment in their teaching or learning environment are encouraged to discuss their study needs with the course Convenor prior to, or at the commencement of, their course, or with the Equity Officer (Disability) in the Equity and Diversity Unit (9385 4734 or http://www.studentequity.unsw.edu.au/ http://www.equity.unsw.edu.au/disabil.html). Issues to be discussed may include access to materials, signers or note-takers, the provision of services and additional exam and assessment arrangements. Early notification is essential to enable any necessary adjustments to be made. Information on designing courses and course outlines that take into account the needs of students with disabilities can be found at: http://www.guidelinesonlearning.unsw.edu.au/guideline8.cfm Student Complaint 12 Procedure School Contact Elaine Chau Undergraduate Studies School of Aviation Phone: + 61 2 9385 5756 Email: aviab@unsw.edu.au Faculty Contact A/Prof Julian Cox Associate Dean (Education) julian.cox@unsw.edu.au Tel: 9385 8574 or Dr Scott Mooney Associate Dean (Undergraduate Programs) s.mooney@unsw.edu.au Tel: 9385 8063 University Contact Student Conduct and Appeals Officer (SCAO) within the Office of the Pro-ViceChancellor (Students) and Registrar. Telephone 02 9385 8515, email studentcomplaints@unsw.edu. au University Counselling and 13 Psychological Services Tel: 9385 5418

Assignment Submissions

Occupational Health and 10 Safety Assessment Procedures UNSW Assessment 11 Policy

Equity and Diversity

10 11 12 13

UNSW OHS Home page UNSW Assessment Policy UNSW Student Complaint Procedure University Counselling and Psychological Services

11. UNSW Academic Honesty and Plagiarism

What is Plagiarism? Plagiarism is the presentation of the thoughts or work of another as ones own. *Examples include: direct duplication of the thoughts or work of another, including by copying material, ideas or concepts from a book, article, report or other written document (whether published or unpublished), composition, artwork, design, drawing, circuitry, computer program or software, web site, Internet, other electronic resource, or another persons assignment without appropriate acknowledgement; paraphrasing another persons work with very minor changes keeping the meaning, form and/or progression of ideas of the original; piecing together sections of the work of others into a new whole; presenting an assessment item as independent work when it has been produced in whole or part in collusion with other people, for example, another student or a tutor; and claiming credit for a proportion a work contributed to a group assessment item that is greater than that actually contributed. For the purposes of this policy, submitting an assessment item that has already been submitted for academic credit elsewhere may be considered plagiarism. Knowingly permitting your work to be copied by another student may also be considered to be plagiarism. Note that an assessment item produced in oral, not written, form, or involving live presentation, may similarly contain plagiarised material. The inclusion of the thoughts or work of another with attribution appropriate to the academic discipline does not amount to plagiarism. The Learning Centre website is main repository for resources for staff and students on plagiarism and academic honesty. These resources can be located via: www.lc.unsw.edu.au/plagiarism The Learning Centre also provides substantial educational written materials, workshops, and tutorials to aid students, for example, in: correct referencing practices; paraphrasing, summarising, essay writing, and time management; appropriate use of, and attribution for, a range of materials including text, images, formulae and concepts. Individual assistance is available on request from The Learning Centre. Students are also reminded that careful time management is an important part of study and one of the identified causes of plagiarism is poor time management. Students should allow sufficient time for research, drafting, and the proper referencing of sources in preparing all assessment items. * Based on that proposed to the University of Newcastle by the St James Ethics Centre. Used with kind permission from the University of Newcastle Adapted with the kind permission from the University of Melbourne

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