Course Rules and Policies 8-11

8.0. Assessment – Examinations

8.1. Assessment – Formal/Supervised Examinations

8.1.1 Alternative Examination Arrangements
Alternative Examination Arrangements vary the conditions under which a student sits their examinations. Possible arrangements include:

• Extended reading and writing time
• Rest breaks
• Use of a computer

Alternative Exam Arrangements will only be provided in extenuating circumstances. Typically, these are defined as cases where illness will or would impair a student’s performance in their examinations.  Students with an ongoing illness or disability are strongly encouraged to register with the Disability Liaison Unit (DLU) who will make regular Alternative Exam Arrangements, on their behalf.

Students with a ‘short term’ condition should make a written application for Alternative Exam Arrangements to the Melbourne Law School Student Centre.  Such conditions may include a physical injury or illness not of an ongoing nature.  Alternative Exam Arrangements will only be provided where it can be demonstrated the student’s condition would impair their performance in a conventional exam setting.   Applications for Alternative Exam Arrangements should be made as close to the scheduled date as possible.

Note that work commitments and travel arrangements will NOT be considered acceptable reasons for Alternative Exam Arrangements.

Off-campus examinations
Where a student is unable to sit for an examination at the published venue it may be possible to make an arrangement to sit that examination off-campus.  Students should make a written application to the Manager, Melbourne Law School Student Centre, detailing their circumstances.  Such applications will only be considered where the most exceptional circumstances can be demonstrated.  Commitments must be deemed unavoidable and beyond the control of the applicant for approval to be given.  Work or travel commitments will not be regarded as acceptable grounds for the provision of an off-campus examination.

Please note, occasionally the requirements of your alternative examination arrangements may lead to the rescheduling of your examinations. In these circumstances you will be required to complete a statutory declaration. A statutory declaration can be downloaded from here. A list of who can witness the declaration can be viewed here.

The statutory declaration must state that you have not had contact with another student regarding the examination, or discussed the content of the examination with other students, or seen the examination paper. This must be submitted to the Student Centre on or before the date of your examination.

8.1.2 Failure to sit for an examination
If you are prevented from sitting for an examination in any subject through illness, accident or some other good cause, you may apply for special consideration. You must make your application, together with any supporting documents within three days after the examination.  Your application should be lodged with the Melbourne Law School Student Centre. Your application will be considered and a determination will be made as to whether or not you will be granted a supplementary examination. If you are selected to represent the country, state or university in a sporting event the timing of which prevents you from sitting the scheduled examination you may apply to the Manager, Melbourne Law School Student Centre to defer your examination.

8.1.3 Illness during an Examination
If you have been ill, handicapped or otherwise disadvantaged during an examination in any subject, you may apply for special consideration.

8.1.4 Supplementary Examinations
Supplementary examinations will be allowed to candidates in the following circumstances:

1. In terms of Statute 12.4, where, on grounds of special consideration, Faculty, through its Special Consideration Committee, directs the Examination Board in question to administer a supplementary component of assessment. Supplementary examinations awarded on this basis may receive any mark from the full range of honours grades. 
2. In terms of a resolution of Faculty made under the provisions of Statute 12.4.3.

a) where a student: has failed in Law subjects aggregating not more than 25 points, and; has obtained not less than 40% in such subject(s) in the semester assessment, and; requires passes in the subject(s) concerned to qualify in that year for admission to the LLB degree. For the purpose of awarding supplementary examinations on this basis, the Summer semester is considered a third semester and is part of the preceding academic year. Supplementary examinations awarded on this basis may only receive a maximum result of 50% (P).

b) where a student: has failed in Law subjects aggregating not more than 25 points, and; has obtained not less than 40% in such subject(s) in the annual assessment, and; requires a pass in the subject(s) concerned (i) to qualify for admission to some other degree of the University in those cases where the student has been pursuing a combined degree course including Law and intends to abandon further studies in Law; or (ii) to retain or qualify for an entitlement to a living allowance under AUSTUDY/Youth Allowance. Supplementary examinations awarded on this basis may only receive a maximum result of 50% (P).

c) where a student: has failed in Law subjects in which he or she is enrolled as a continuing education student, and; has obtained not less than 40% in such subject(s) in the annual assessment, and; requires a pass in the subject(s) concerned in order to be admitted to practice as a barrister and solicitor in Victoria within the next year. Supplementary examinations awarded on this basis may only receive a maximum result of 50% (P). 

d) where a student has failed in an LLB Compulsory subject with a final grade of 48% or above.

In all cases where supplementary examinations have been awarded on this basis, the candidate’s final grade in the subject cannot exceed 50%.

Provided that, even where the student has obtained less than 40% in such subject(s), and provided special circumstances exist, the Associate Dean may, after consultation with the examiners in question, exercise a discretion to allow a supplementary examination.

3. No supplementary examinations shall be allowed for the subjects Jessup Moot (730414) or Advocacy (730420).
4. Students seeking supplementary examinations on grounds of special consideration must make application in the prescribed form to the Manager, Melbourne Law School Student Centre, within three days after the date specified for the component of assessment in question and must provide proof of the circumstances on which their applications rely.
5. The Directions of the Academic Registrar pursuant to Statute 12.2.10(2) state that absence or lateness due to misreading the examination timetable does not entitle a student to any further examination or special consideration. 

Form of Supplementary Examinations

If a supplementary examination is awarded to you, a determination will be made as to which form the examination will take. It is likely that the examination will be a formal written examination. Where this is the case, the name of the subject(s) will appear in the timetable which will be posted on the Student Information System (SIS) and the University Noticeboard. You may be required to submit additional written work as part of, or in place of, the examination, or you may be permitted to rely on written work already submitted as part of the examination.

No further assessment or examinations are to be granted to students who fail to sit for, are ill during, or ill during the preparation for, a supplementary examination. 

8.1.5 Honours marks obtained in supplementary examination
If you have been awarded a supplementary examination on the basis of an application for Special Consideration, it is possible for you to be awarded honours for that examination. Students sitting supplementary examinations that have been granted for reasons other than special consideration can earn a maximum of 50 marks, and therefore no honours points can be awarded for those subjects. If you are awarded honours in a supplementary examination, your record card will indicate that fact as well as the class of honour awarded. 

The Final Honours Board will consider any honours obtained in supplementary examinations for the purpose of calculating whether you will be awarded an honours degree.  If, however, in computing points for an honours degree, two students obtain equal marks, preference in the final honours class list will be given to the student or students whose honours points in individual subjects were not obtained at supplementary examinations.

8.2 Assessment - Take Home Examinations

8.2.1 Joint work

Joint work is prohibited. In particular, you are not permitted to:

• Collaborate with anyone else in writing an answer to the examination.
• View another person’s written notes about the examination or their preliminary or final versions of an answer to the examination.
• Permit another student to view your written notes about the examination or your preliminary or final versions of an answer to the examination.
• Make written notes of what anyone else says to you during the examination.
• Permit another student to make written notes of what you say during the examination.

See the detailed rules prohibiting joint work. 

8.2.2 Discussion

Some subjects do not permit any discussion among students while students undertake take-home examinations.  Other subjects may permit discussion.  Students must comply with the specific rules set out in particular subjects with respect to prohibitions on discussion.

8.2.3 Extensions

Students submitting take-home examinations are subject to the same guidelines as students undertaking supervised examinations. To ensure the integrity of take-home examinations as a form of assessment, the granting of extensions is not generally an option available to students. However, if a student requires an extension due to religious observance requirements, for example, an extension may be granted.

The Special Consideration guidelines are adequate to deal with students who miss an examination or have their work hampered during the examination. If a student misses an examination due to circumstances beyond their control they should seek additional assessment, usually in the form of a supplementary examination, through the Special Consideration process.  Similarly, if a student becomes ill during an examination they are advised to submit what they have completed and apply for Special Consideration.

8.2.4 Late Submission Policy

Take-home examinations must be submitted before the published submission date and time. A late take-home examination is one that is handed in after the time and date set for submission or after any extension has expired.  A student who obtains an extension is not subject to penalty under these rules.

Take-home examinations handed in late will incur a marking penalty. A penalty for late submission will be imposed in the following way:

• For the first 2 hours late (or part thereof) a 5% mark reduction applies
• For every hour late (or part thereof) after the first 2 hours, the penalty increases to a 10% mark reduction

Please note that the Student Centre is unattended on the weekends. Therefore, any take home examination that is submitted after office hours on a Friday will be marked as being received the following Monday.

8.2.5 Word Limits

Take-home examinations are subject to word limit constraints. Subject examiners have a choice of three policies in relation to the enforcement of word limits. Unless otherwise provided, in calculating the number of words, for the purposes of enforcing a word limit, every word of the answer will be subject to the word limit.

CODE 1: Any word limit will be enforced strictly and any excess will incur a marking penalty.

CODE 2: Work judged grossly in excess of any word limit may incur a marking penalty or be returned for rewriting. If the examiner does not specify some other threshold, work will be judged grossly in excess of a word limit if its length exceeds that word limit by 10% or more.

CODE 3: Any word limit will be regarded as recommended rather than compulsory, and no student will be disadvantaged by exceeding the limit.

Please note: If no word limit code has been nominated for a particular piece of assessment, the default position is Code 2.

Marking penalties. If an examiner does not specify a method of calculating the marking penalty to be applied under Code 1 or Code 2, the marking penalty will be calculated as follows: 5% of the total available marks for the piece of work will be deducted from the student’s mark for each 10% or part thereof by which the number of words in the student’s piece of work exceeds the relevant word limit.

For example, for a piece of assessment with a limit of 2500 words, a penalty of 5% of the total available marks will be imposed for every 250 words or part thereof by which the submission exceeds (a) 2500 words where Code 1 is applied or (b) 2750 words where Code 2 is applied.

Marking penalties are not applied pro rata.

So in the above example, 5% of the total available marks are deducted under Code 1 whether the piece of assessment is 2501 words or 2749 words.

8.2.6 Submission Requirements

Take-home examinations must be submitted in duplicate hard copy to the Melbourne Law School Student Centre. Fax and email copies will not be accepted.  Where relevant, the rules concerning Turnitin submissions should be noted.

 

9.0. Grading Policy

Lecturers are encouraged to adopt marking practices that produce outcomes that meet the following targets:

In compulsory subjects, quasi-compulsory subjects and optional subjects with enrolments of 75 or more -

• the full range of possible marks should be awarded
• therefore, the highest ranked student in the subject should be awarded a mark of at least 90% 
• the minimum number of H1 grades awarded should be 5%
• there is no limit on the number of H1 grades awarded
• the minimum number of H2A grades awarded should be 10%
• there is no limit on the number of H2A grades awarded
• the overall percentage of honours grades awarded should be at least 60%. 

These percentages are to be calculated after students with failed grades are removed from the total.

In optional subjects with enrolments below 75 -

• the full range of possible marks should be awarded
• therefore, the highest ranked student in the subject should be awarded a mark of at least 90% 
• there is no restriction on the number of honours marks awarded.
• however, the overall percentage of honours grades awarded should be at least 60%.

This percentage is to be calculated after students with failed grades are removed from the total.

 

10.0. Second Marking

Second Marking - Fails

The policy regarding the marking of assessment is outlined in Statute 12.3 - Conduct of Assessment.

With the exception of double marking required for failed assessment (see below), Examiners are obliged to mark each piece of assessment only once. Students are not entitled to have their work marked by a different Examiner for any reason.

Students are entitled to obtain feedback on their assessment from the marker.

The section relevant to second marking if a fail result has been returned can be viewed below.

Procedure for Assessment
12.3.8 (1)

A student may not be returned as having failed or not satisfied the examiners in a subject unless two members of the examination board have independently satisfied themselves in accordance with sub-section (2) that the student's performance in the subject as a whole is below pass standard.

(2) For the purposes of sub-section (1) -

1. the two members of the examination board must -
   1. independently consider the marks or grades of the student in each component of assessment in the subject;
   2. satisfy themselves that each component of assessment in which the student has failed has been marked by two examiners or assistant markers at least one of whom is a member of the examination board;
   3. be entitled, at their discretion, to re-mark any component of assessment; and 
   4. independently determine, after considering the student's performance in all the assessed components of the subject, whether to administer any further component of assessment;
2. if assessment in a subject includes more than one component of the same kind, the requirements of sub-paragraph 2(a)(ii) are satisfied if different markers, at least one of whom is a member of the examination board, have independently assessed the performance in different components of that kind; and
3. if one member of the examination board decides to administer a further component of assessment under sub-paragraph 2(a)(iv), the decision is binding unless reversed by at least two members of the examination board.

Subjects in the LLB do not use a bell curve requiring a certain number of fails.

 

11.0. Honours Requirements

All LLB students must complete a substantial piece of legal writing.

A list of subjects that satisfy this requirement is listed on the Honours page.

In order to meet this requirement, a piece of written work must:

• be a minimum of 5,000 words (including footnotes)
• count for at least 50% of the assessment in the subject in which it is written
• be a research essay, not a reflective essay, that is, demonstrate
  • use of research skills, including finding relevant sources
  • use of those research materials to develop a thesis
  • analytical and critical thinking in the development of the thesis
• achieve a pass grade.

The above proposal in no way alters the current requirements/criteria for Honours, that is, an Honours mark must be achieved in the substantial piece of legal writing.

This change will come into effect as of 2006 and apply to all students who are either currently within the compulsory component of their degree or will complete the compulsory component of their degree by end 2005 (which includes the Summer Semester of 2006).  Those students who have completed their compulsory subjects and are undertaking their remaining optional subjects will not be bound by this requirement unless they wish to be considered for Honours and have not yet completed a substantial piece of legal writing.