CQUniversity Unit Profile
ENVH12002 Environmental Health Law
Environmental Health Law
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.
General Information

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: 8
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

There are no requisites for this unit.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 1 - 2021

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

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

Assessment Grading

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 Policy for more details of interim results and final grades.

Previous Student Feedback

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 from Unit evaluation

Feedback

Some students had issues with accessing video material and discussion forums.

Recommendation

This may have been a technical issue at the student end. However, the site should be thoroughly checked and redeveloped if necessary prior to the 2021 offering.

Feedback from Unit evaluation

Feedback

Assessment turnaround was not fast enough to support learning.

Recommendation

Despite being within the two week turnaround period, quiz feedback would be more supportive of learning if it was returned prior to the subsequent quiz being due. An adjustment of due dates could achieve this.

Unit Learning Outcomes
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 Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Online Quiz(zes) - 15%
2 - Online Quiz(zes) - 40%
3 - Written Assessment - 45%

Alignment of Graduate Attributes to Learning Outcomes

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
9 - Social Innovation
10 - Aboriginal and Torres Strait Islander Cultures

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10
1 - Online Quiz(zes) - 15%
2 - Online Quiz(zes) - 40%
3 - Written Assessment - 45%
Textbooks and Resources

Textbooks

Prescribed

Public and Environmental Health Law

Edition: 3rd edn (2011)
Authors: Reynolds, C
Federation Press
Annandale Annandale , NSW , Australia
ISBN: 9781862878327
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom Conferencing (Webcam and Microphone)
Referencing Style

All submissions for this unit must use the referencing styles below:

For further information, see the Assessment Tasks.

Teaching Contacts
Lisa Bricknell Unit Coordinator
l.bricknell@cqu.edu.au
William Mude Unit Coordinator
w.mude@cqu.edu.au
Schedule
Week 1 Begin Date: 08 Mar 2021

Module/Topic

Introduction to environmental health law

Chapter

Reynolds (2011) Ch 1

Events and Submissions/Topic

Week 2 Begin Date: 15 Mar 2021

Module/Topic

The governance of public health and the Court system in Australia

Chapter

Reynolds (2011) Ch 2 & 3

Events and Submissions/Topic

Week 3 Begin Date: 22 Mar 2021

Module/Topic

Theory of Regulation

Chapter

Reynolds (2011) Ch 5

Events and Submissions/Topic

Week 4 Begin Date: 29 Mar 2021

Module/Topic

Statutory powers and the interpretation of statutes

Chapter

Reynolds (2011) Ch 2 & 4

Events and Submissions/Topic

Week 5 Begin Date: 05 Apr 2021

Module/Topic

Public Health Legislation

Chapter

Reynolds (2011) Ch 6 & 12

Events and Submissions/Topic

Vacation Week Begin Date: 12 Apr 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 19 Apr 2021

Module/Topic

Public Health Legislation cont'd

Chapter

Reynolds (2011) Ch 6 & 12

Events and Submissions/Topic

Assessment Item 1- Online Quiz Due: Week 6 Monday (19 Apr 2021) 5:00 pm AEST
Week 7 Begin Date: 26 Apr 2021

Module/Topic

Environmental protection law

Chapter

Reynolds (2011) Ch 7

Events and Submissions/Topic

Assessment item 2A: Short answers (public health) Due: Week 7 Friday 5:00 PM AEST

Week 8 Begin Date: 03 May 2021

Module/Topic

Planning and development law

Chapter

Events and Submissions/Topic

Assessment item 2B- Short answers (environmental protection) Due: Week 8 Friday 5:00 PM AEST

Week 9 Begin Date: 10 May 2021

Module/Topic

Legal procedure and prosecution

Chapter

Reynolds (2011) Ch 3 & 4

Events and Submissions/Topic

Assessment item 2C- Short answers (planning and development) Due: Week 9 Friday 5:00 PM AEST

Week 10 Begin Date: 17 May 2021

Module/Topic

Local Government and local laws

Chapter

Selected readings

Events and Submissions/Topic

Assessment item 2D- Short answers (legal procedure and prosecution) Due: Week 10 Friday 5:00 PM AEST

Week 11 Begin Date: 24 May 2021

Module/Topic

Common law & the tort of negligence

Chapter

Selected readings

Events and Submissions/Topic


Week 12 Begin Date: 31 May 2021

Module/Topic

Future challenges in environmental health law

Chapter

Reynolds (2010) Ch 8

Events and Submissions/Topic

Assessment item 3- Legal analysis Due: Week 12 Friday (4 June 2021) 11:45 pm AEST
Review/Exam Week Begin Date: 07 Jun 2021

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 14 Jun 2021

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

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


Frequency of Quizzes


Assessment Due Date

Week 6 Monday (19 Apr 2021) 5:00 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.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Interpret and apply the provisions of key public health legislation related to environmental health practice
  • Interpret and apply the provisions of key environmental and planning legislation related to environmental health practice
  • Identify and manage public health issues using legal frameworks within relevant environmental and public health legislation


Graduate Attributes
  • Critical Thinking
  • Information Literacy
  • 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 each task closes.


Weighting
40%

Assessment Criteria

  • Correct identification, interpretation and application of statutory provisions (60%)
  • Correct legal referencing (40%)


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Interpret and apply the provisions of key public health legislation related to environmental health practice
  • Interpret and apply the provisions of key environmental and planning legislation related to environmental health practice
  • Apply legal procedures relevant to the administration of environmental and public health legislation


Graduate Attributes
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence

3 Written Assessment

Assessment Title
Assessment item 3- Legal analysis

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?.
  • 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.
  • Is there evidence that an offence has been committed? If so, describe the evidence and how it constitutes an offence under the provisions of the legislation. In particular, identify the elements of the offence.
  • Describe the evidence relating to each element and how it could be collected if you were to prosecute the case in Court.
  • 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 (4 June 2021) 11:45 pm AEST


Return Date to Students

After certification of grades.


Weighting
45%

Minimum mark or grade
Students must achieve an overall composite grade of 50% AND a minimum of 50% (22.5/45) for this assessment task to be eligible to pass the unit.

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%)


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Interpret and apply the provisions of key public health legislation related to environmental health practice
  • Identify and manage public health issues using legal frameworks within relevant environmental and public health legislation
  • Apply legal procedures relevant to the administration of environmental and public health legislation


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Ethical practice

Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?