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Research and Postgraduate study within the Faculty of Law

Contents

Overview

The broad research objectives of the Law School are:
  • To foster and maintain a research culture informed by national and international standards, and
  • To provide high quality research training programs that suitably prepare candidates for careers as researchers.

The Law School has a very active research program, and is one of the highest ranked faculties in the country in terms of research publications per staff. Research performance measured in high output is central to the achievement of the Law School’s mission. This is reflected in the number of scholarly books and refereed journal articles produced by Law School staff.
The research activity of the Law School is fostered by the presence of two specific centres of legal scholarship: the Centre for Law and Genetics, and the Tasmania Law Reform Institute.
  • Centre for Law and Genetics – A number of members of faculty are involved in this centre, the main aim of which is to investigate bio-ethical matters and the legal implications arising from use of new technologies. The Centre is at the forefront of research into issues such as the legal standards in the commercialisation of human genetic technology.
  • Tasmania Law Reform Institute – The Institute was established in July 2001 with a mission to undertake law reform work and research on topics proposed by the State Government, the community, the University and the Institute itself. Recent activity has included projects looking at a Charter of Rights for Tasmania, Drug Counts, Contempt of Court, sentencing trends and options, the role of victims and the community in the sentencing process, corporate manslaughter, vendor disclosure, intoxication as a defence to criminal charges, police powers of arrest, bail and an evidence project on trial judges’ directions to juries in relation to delayed complaint in sexual offences cases.

In addition to these centres, the Law School has particular expertise in the general areas of Medical Law and Ethics, Property Law, International Law, Corporations Law, and Equity & Trusts. Individual researchers and scholars within the Law School have produced leading texts on the law of evidence and procedure, succession law, juvenile justice, family law, sentencing, equity & trusts, charity law, legal ethics, agency and costs.


The Law School also hosts two major publications: the University of Tasmania Law Review (that invites contributions on any topic of legal interest) and the Journal of Law, Information and Science.


Research and Postgraduate Committee and Associate Dean (Research)

The research activities of the Law School and the progress of research degree students are monitored and supported by the Research & Post Graduate Studies Committee. Part of the Committee’s role is to ensure that the research activities of staff and students are undertaken in the best environment possible. The Committee is chaired by the Associate Dean (Research), who is presently Dr Dianne Nicol.


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Main Research and Postgraduate Supervision Areas and Law 679 Supervised Research Paper Supervision Areas

Please click on names to link to individual staff profiles for details of specific areas of research expertise and capacity for postgraduate supervision and supervision for LAW679 Supervised Research Paper within each of these broad research topics

Comparative Administrative Law: Rick Snell
Biotechnology and the Law: Professor Don Chalmers Dr Dianne Nicol
Competition Law: Lynden Griggs
Corporations Law: Lynden Griggs
Constitutional Law: Dr Greg Carne Michael Stokes
Consumer Law: Lynden Griggs
Contract Law: Dr Lisa Butler
Criminal Law: Professor Kate Warner
Criminology and Criminal Justice: Terese Henning Professor Kate Warner
Dr Mark Stranger
Equity and Trusts: Dr Lisa Butler Professor Gino dal Pont
Ethical Legal and Social Implications of Human Genetics: Professor Don Chalmers
Dr Dianne Nicol Professor Margaret Otlowski Dr Mark Stranger
Evidence and Procedure: Terese Henning
Family Law: Professor Margaret Otlowski
Freedom of Information Law: Rick Snell
Guardianship Law: John Blackwood (LAW679 Supervised Research Paper only)
Human Rights Law (selected areas): Dr Greg Carne
Industrial Relations Law: Dr Peter Patmore
Intellectual Property Law: Dr Dianne Nicol
International Law (selected areas): Dr Gail Lugten
International Trade Law: Peter Lawrence
Land Law: Lynden Griggs
Law and Ethics of Health Care/Medical Law: Professor Don Chalmers
Professor Margaret Otlowski
Law of the Sea: Dr Gail Lugten
Legal Philosophy: Dr Julia Davis Michael Stokes
Media Law: Dr Dianne Nicol Rick Snell
National Security Law (including Terrorism and the Law): Dr Greg Carne
Professional Responsibility: Professor Gino dal Pont
Sentencing Law: Professor Kate Warner
Succession Law: Ken Mackie(Law 679 Supervised Research Paper only)
Superannuation Law: Dr Lisa Butler
Tasmanian Environmental and Planning Law: Michael Stokes

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Postgraduate Research Courses Available

The Faculty offers the following postgraduate research courses (by thesis):
Master of Laws (LLM)
Doctor of Philosophy (PhD)
At present it does not offer postgraduate coursework degrees.

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Applying for Admission into the Law School’s Postgraduate Program

The Faculty’s Research & Postgraduate Committee has responsibility for research training at the Law School and oversees the recruitment of postgraduate students to the Law School.


Admission to the postgraduate program is based upon undergraduate academic performance, specific topic area chosen, and availability of suitable supervision and resources within the Law Faculty during the period of candidature.


Prospective postgraduate students are requested to submit a preliminary expression of interest so that their suitability can be assessed, in particular whether their research interests match the research strengths and supervision resources of the Faculty. Expressions of interests can be submitted electronically to the Chair of the Research & Postgraduate Committee, Dr Dianne Nicol. (Dianne.Nicol@utas.edu.au). Any such expression of interest should include:

  • a copy of their academic record to date;
  • a two-page preliminary topic proposal; and
  • for international students, for whom English is not their first language, evidence of English-language proficiency.
If the student and proposed topic is suitable, and appropriate supervision arrangements can be made, the applicant will be requested to complete a formal Law Faculty application for candidature, which the Research & Postgraduate Committee will assess. If the Committee recommends that the applicant be accepted for candidature, the applicant will then be referred to the formal University application processes.

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Costs of postgraduate study

Domestic students

All domestic students accepted into the Law Faculty’s postgraduate program are normally eligible for a place under the Research Training Scheme (RTS). RTS places are exempt from HECS charges or other forms of tuition fees.

International students

The University charges tuition fees to international postgraduate students. These fees are presently in the range of $AUS14,000 per annum. Prospective international candidates should consult the University’s International Services website:
http://www.international.utas.edu.au/static/research.php
This website not only specifies the tuition fees, it also:

  • provides an indication of living costs;
  • explains the University’s refund policy;
  • contains the relevant University application forms.

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Funding of postgraduate study

Scholarships

A range of University scholarships for postgraduate study are available for Australian citizens, permanent residents and New Zealand citizens. Including Australian Postgraduate Awards and Tasmania Graduate Research Scholarships. These scholarships are administered through the University, and information about them (and other scholarships) can be accessed at http://www.research.utas.edu.au/gr.


For international postgraduate student applicants the University offers a limited number of International Postgraduate Research Scholarships. Again, information about these scholarships can be accessed at http://www.research.utas.edu.au/.


There are various other scholarships potentially available, details of which can be found at the following website http://www.research.utas.edu.au/gr. JASON (Joint Academic Scholarships Online Network), a search engine that contains information about postgraduate scholarships for domestic and international students, can also be accessed from this site.


The Faculty of Law may also offer its own scholarship funding (a Faculty of Law scholarship), which may be available to both Australian citizens, permanent residents and New Zealand citizens and International students. The terms and conditions of, and entitlements under, these scholarships are equivalent to those that govern Australian Postgraduate Awards and Tasmania Graduate Research Scholarships. The availability of Faculty of Law scholarships is dependent on Faculty resources, and its award is determined on a competitive basis. Its award is determined by the Research & Postgraduate Committee, which takes into account:

  • the applicant’s previous academic performance (an honours degree or equivalent is ordinarily a prerequisite for consideration in this regard);
  • the relevance of the chosen topic of study to the Faculty’s research interests, including the ability of the faculty to offer appropriate supervision
  • the applicant’s professional or work experience; and
  • the financial resources available to the applicant.

As a matter of practice, applicants for a Faculty of Law scholarship should first seek other scholarship funding (such as an APA award, a Tasmania Graduate Research Scholarship, an International Postgraduate Research Scholarship and other suitable scholarships before applying for a Faculty of Law scholarship. Details of these scholarships can be accessed at http://www.research.utas.edu.au/gr. Including JASON (Joint Academic Scholarships Online Network) search engine.


The application for postgraduate candidature form [www.law.utas.edu.au/faculty_scholarships.html] makes provision for an applicant to apply for a Faculty of Law scholarship.


The Faculty also administers two endowed scholarships, namely Sir Henry Baker Memorial Fellowship and the McDougall Postgraduate Scholarship, the latter of which is open to both domestic and international students. The terms and conditions of these scholarships can be found at: www.law.utas.edu.au/faculty_scholarships.html


Financial and other support for postgraduate students

Because of limited Faculty resources, applicants who are unsuccessful in securing scholarship funding outside the Faculty cannot be assured of Law Faculty scholarship funding. Applicants should appreciate that scholarship funding from the Faculty itself is more the exception than the rule.


Living or travel allowance

The Faculty may, in certain circumstances, nonetheless, give a postgraduate student who has not secured a Faculty of Law scholarship some limited financial or in-kind support. This may involve an allowance directed to assisting in travel, accommodation or other incidental expenses. Its availability and amount is determined by the same factors that determine the availability of Faculty of Law scholarships.


Postgraduate allowance

In any event, all law postgraduates receive an allocation of approximately $2000 over two years for items directly related to a student's candidature. For instance texts, faxes, research travel, travel to conference may be claimed under the postgraduate allowance. Any application for use of money from this allocation by a postgraduate student must be approved by their supervisor before approval by the Head of School.


Free access to and use of facilities

It should be noted that all law postgraduate students are given free access to computer facilities (and support), printing facilities, telephones, email and inter-library loans, for the purposes of their candidature.


Involvement in teaching program

Postgraduate students are encouraged to be involved in the teaching program of the Faculty, usually as tutors: see below. This can assist postgraduate students in meeting the costs of postgraduate study.

 

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Postgraduate involvement in the Law School’s Teaching Program and the Research Activity of Staff

The Faculty often recruits postgraduate students as tutors to assist with the undergraduate teaching program. Students interested in participating should make an appointment with, or write to, the Head of School (Prof. Don Chalmers, Room 2.03).


Postgraduate students are also sometimes recruited as research assistants on staff research projects or other research activities within the Law School. Students wishing to register their interest for such research assistance should contact Gayle McElwee.

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Publication of Material

Postgraduate students are encouraged to publish their material under the guidance of their supervisors. Currently DEETYA distributes a proportion of funding to the University based on research publications (and the University distributes these funds to departments based on the same criteria).
Funds are distributed based on the production of:

  1. Scholarly Books;
  2. Chapters in Scholarly Books;
  3. Refereed Journal Articles; and
  4. Published Refereed Conference Proceedings.
Although these funds will not flow directly to the postgraduate they will offset some of the costs of the Faculty of Law's Postgraduate Program and the publications will contribute to the Law School's overall research performance.

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University Services

Board of Graduate Research

The Board of Graduate Research is responsible for the programs of study and research leading to a research higher degree. The functions of the Board are to advise the Academic Senate on matters relating to graduate research, and to manage graduate research candidature. For example, the Board approves admission to candidature, appoints supervisors, monitors the progress of all candidates, appoints examiners, and determines whether or not candidates should be awarded degrees. For more information see:
www.research.utas.edu.au/gr/about_us/bgr.htm


Graduate Research Unit

The University’s Graduate Research Unit coordinates and manages the administration of graduate research candidature and scholarships, including general enquiries, applications, admission, enrolment, ongoing candidature and examinations. Candidates should contact the Unit for help and advice on any matters relating to their candidature or scholarship. Each year members of the Unit coordinate the annual review of progress of candidates and the bi-annual survey. For more information see:
www.research.utas.edu.au/gr/about_us/gru.htm


International Students' Office

The International Students' Office is the channel for admission arrangements for international students and provides various services to students during their candidature. For more information see:
www.international.utas.edu.au/index.php


Postgraduate Course and Unit Handbook

The Postgraduate Course and Unit Handbook published annually by the University provides useful information about the University and contains contact details for people who can assist on most matters.


University Policies and Codes of Conduct in relation to Supervision and Research

The Code of Conduct in Supervision, setting out the University's policy for supervisory expectations can be found here.
The University's Code of Conduct in Research can be found here.

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Ethics Requirements with regard to Research involving Humans

Pursuant to the National Health and Medical Council National Statement on Ethical Conduct in Research Involving Humans, the University requires strict guidelines be followed for research involving humans (including surveys). Ethical guidelines and forms can be accessed at http://www.research.utas.edu.au/human_ethics/index.htm .


Amanda McAully of the Office for Research (extension 2763) is the Executive Officer of the Human Research Ethics Committee (Network) Tasmania. She can be contacted for guidance on the procedures for applying for ethical approval in proposed research.


Professor Gino Dal Pont is the Chair of the Social Sciences Human Research Ethics Committee and can also be consulted for advice.

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Further information

Further information about postgraduate study at the University of Tasmania can be accessed at http://www.utas.edu.au/graduateschool including details about postgraduate services.


Prospective students can also access the Bronwyn.Peters@utas.edu.au or phone + 61 3 6226 7495 ; fax + 61 3 6226 7497.


Please contact Dr Dianne Nicol, chair of the Research and Postgraduate Committee should you require any further information:
Ph: + 61 3 6226 7553
Fax: +61 3 6226 7623
email: Dianne.Nicol@utas.edu.au.

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Postgraduate Students

Law 679:Supervised Research Paper. Information and Guidelines


 

 

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