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Mackenzie Aarts n6527914

CLB034: Legal Studies Curriculum 2

Name: Mackenzie Aarts

Student Number: n6527914

Lecturer/Tutor: Brendan Cahill

Assessment: Curriculum Development – Unit of Work

Due Date: 17th of September, 2010

N.B. The school used throughout this assignment, St. Matthias College is a fictional school created only for the purpose of this

assignment. The school context of St. Matthias College is a secondary college North of Brisbane with a 1:1 laptop program.

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TOPIC TIME (WEEKS)

ASSESSMENT TECHNIQUE

CONDITIONS CRITERIA F/S

Sem 1Year 11

The Legal System 8 Non-written presentation: group seminar presentation

5 minutes per person Knowledge and UnderstandingInvestigation

Communication and Research Skills

F

Crime and Society 10 Short response: questions requiring short answers

Inquiry: research assignment

Mid-term supervised exam (70 minutes working time)

800-1200 words (due end of term)

Knowledge and UnderstandingInvestigationEvaluation


F

Sem 2Year 11

Civil Obligations: Agreements 8 Short response: response to stimulus material

Supervised exam (90 minutes working time)

Knowledge and UnderstandingInvestigation


F

Civil Obligations: Civil wrongs (torts)

10 Extended response: unseen question in response to

stimulus material

Unseen questionSupervised exam (90 minutes

working time)500-600 words



F

Sem 3Year 12

You, the law and society: Family 8 Short response: multiple choice, short answer and

response to stimulus material

Inquiry: research assignment

Mid-term supervised exam (90 minutes working time)

1000-2000 words



S

Independent study 10 Inquiry: independent research assignment

Non-written presentation: individual seminar presentation

1000-2000 words

8-12 minutes



S

Sem 4Year 12

You, the law and society: Jobs 8 Extended Response: unseen question in response to

stimulus material

Unseen questionSupervised exam (90 minutes

working time)600-800 words



S

Law in a changing society 8 Non-written presentation: 8-12 minutes Knowledge and Understanding S

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individual seminar presentation InvestigationEvaluation


St. Matthias College Legal Studies Course and Assessment Overview

ST. MATTHIAS COLLEGE LEGAL STUDIES UNIT OF WORK

Unit Title: You, the law and society: Jobs

Designated Year Level: Year 12, Semester 4 (N.B. see ‘Legal Studies Course and Assessment Outline’ on page 2)

Description of Unit: This unit on ‘you, the law and society: jobs’ is designed to be implemented within Year 12, semester 4 (as per the course and assessment overview on page 2). This unit runs for eight weeks and consists of five lessons each week comprising of forty-five minutes for each lesson. A range of learning experiences and teaching strategies that accommodate student variability in learning styles and promote higher-order thinking and critical reflection will be accommodated into the delivery of this unit. The curriculum planning framework of an orientating, enhancing and synthesising phase will be embedded into this unit in conjunction with the ‘Dimensions of Learning’ to help students establish positive attitudes and perceptions about the classroom and learning, acquire and integrate knowledge, extend and refine knowledge, use knowledge meaningfully and develop productive habits of mind (Mid-continent Research for Education and Learning, 2010) while progressing through the unit content in a systematic way. A range of the ‘49 Common Curriculum Elements’ (Queensland Studies Authority, 2007) that are assessed by the Queensland Studies Authority in the Queensland Core Skills Test are also embedded into this unit through the teaching strategies and learning activities. The content that will be covered in this unit includes:

types of employees; independent contractors (major indicia); major stakeholders in employment; Federal and State workplace legislation and changes to legislation; employment awards and agreements; anti-discrimination laws during hiring, employment and termination; Workplace Health and Safety; and termination of employment focusing on unlawful dismissal and unfair dismissal.

Assessment for this unit will be a summative extended response to an unseen question and stimulus materials completed in supervised exam conditions. The ability for all students to adequately perform in this summative assessment task will be ensured through gradual scaffolding, modelling and teacher feedback of tasks requiring similar

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skills to the summative assessment task. Formative assessment of homework tasks and class activities will be utilised to assess students understanding of topics through the unit progression.

Unit Aims:

The overall purpose for this unit is for students to know, understand, investigate, evaluate, communicate and research that:

Australian workplaces are dynamic and changing in the face of new technology, globalisation, competition and the need for flexibility and efficiency; the legal system attempts to balance the interests of employers and employees; historically, minimum workplace standards and conditions have been controlled by government policy, legislation and regulation through the award system; salaries, wages and conditions are determined through an interaction between government policy, employers and employees; key participants in the industrial relations system can include employers and employer organisations, employees, trade unions, peak councils, governments and

tribunals; legislation exists to deal with specific issues of safety, fairness, privacy, discrimination and welfare related to employment; a just workplace is one where individuals are aware of their rights and responsibilities and are able to assert these.

(Queensland Studies Authority, 2007, p. 26).

Unit Objectives:

By the conclusion of this unit, the unit aims will be met through the following unit objectives where students will be able to:

Describe and explain the different classifications of employees including the similarities and differences between each type of employee. Identify and examine legal issues related to each distinct employee classification including analysing the purpose for society having different types of employment. Demonstrate knowledge of and explain the purpose of the ‘major indicia’ that the courts consider in determining whether or not there was a relationship of

employment. Critically review the law’s attempts to achieve just, fair and equitable outcomes to issues in employment. Identify and explain the purposes of the major stakeholders in the field of employment including critiquing conflicting/competing interests of stakeholders. Make statements of specific knowledge about the common Commonwealth and State legislation regarding employment through recall and investigative research. Analyse, select and apply a range of employment law to both real and hypothetical legal situations and issues.

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Investigate, describe and explain recent legislative changes regarding employment. Recognise and examine the social need for legislative changes to employment. Understand that the scope, responsibilities and privileges of employment is guided by job specific employment terms and conditions. Identify and explain the difference and similarities between different types of workplace awards and agreements. Analyse different types of workplace awards and agreements for their fairness for all parties. Take a stance on a legal issue in employment and justify this stance through a convincing argument. Develop reasoned and appropriate responses to real and hypothetical legal situations in employment through a range of modelled modes, forms and styles of

communication. Demonstrate knowledge of and analyse discrimination and anti-discrimination practices in employment when applying for jobs, during employment and at

termination of employment. Examine, recognise and explain the social purpose and importance of anti-discrimination protection in employment. Examine and clarify their own attitudes and opinions towards aspects of the law in employment. Demonstrate knowledge of workplace health and safety laws and processes in employment. Investigate and analyse the effectiveness or ineffectiveness of workplace health and safety laws in protecting all people. Recognise the importance and social purpose of workplace health and safety laws in employment. Describe and explain unlawful dismissal and unfair dismissal including the difference between to the two. Evaluate the strengths and weaknesses of employment laws and legislative bodies. Draw conclusions about the suitability of legal outcomes and their social implications. Make recommendations for action or a change of laws/regulation of employment. Explore, select and use appropriate sources of employment legal information. Expand their knowledge and use of legal and law-related terminology relating to employment. Appropriately research, select, organise and present aspects of employment law. Understand and apply a range of employment laws to their own life for the benefit of themselves and others by participating in society as an active, informed and

competent citizen. Work independently and in teams.

Unit Rationale:

As previously discussed, this legal studies unit focuses on ‘you, the law and society: jobs’ and aims to “create in students awareness of their rights, obligations and responsibilities in the workplace” (Queensland Studies Authority, 2007, p. 26). The aims and objectives of the unit are connected to the Senior Legal Studies syllabus in that they are drawn from the general understandings, understandings specific to the section of study on jobs and from the general objectives to ensure that the unit comprehensively encompasses all of the syllabus requirements.

The regulation of rights and responsibilities of employers and employees in the workplace has always been a controversial issue in Australian political and legal history, with the balance of rights and responsibilities frequently scrutinised and laws constantly changing to create the fairest outcomes for all stakeholders in employment

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(Woodgate, Black, Biggs & Owens, 2008, p. 120). In order to be active, informed and competent citizens in society, students need to not only be aware of their rights and responsibilities in the workplace, but also be able to assert these rights and encourage others to do the same so that the workplace may be a fair environment (Queensland Studies Authority, 2007, p. 26).

This is an important section of study for senior secondary students to learn, not only for the future relevance it will have on the student’s life once they make the transition from formal education to employment but also in that it is reasonable to expect that some students in the senior years of secondary school are already participating members of the workforce and so the importance of alerting students to their rights and responsibilities while working appear even more crucial. Within the course outline (see page 2), this unit is appropriately situated in the final semester of study for legal studies students, in recognition of the transitional phase their lives will take in the near future. The ‘Melbourne Declaration on Educational Goals for Young Australians’ mirrors this importance for learning in the senior years of schooling to aid students in making the transition to training and employment outside of school (Ministerial Council on Education, Employment, Training and Youth Affairs, 2008). While other sections of study within the ‘you, the law and society’ hold significant relevance to the students’ lives (e.g. renting and buying and consumers), they all appear to be underpinned by the notion of participating in the workforce. A person cannot rent or buy a house or make consumer transactions if they do not have the money; the money which comes from a job.

Assessment Rationale:

This unit will be assessed using both formative and summative assessment techniques. Formative assessment is a necessary component of any unit in that it enables students to comprehend what they know, understand and believe at a particular moment and what direction their learning needs to take (Groundwater-Smith, Brennan, McFadden & Mitchell, 2001, p. 209). It also enables teachers to understand the progress of student learning, which can be used in reflection to adapt future lessons and learning experiences. Formative assessment techniques utilised in this unit include teacher conferencing and verbal feedback which is embedded into the classroom learning experiences every class (Groundwater-Smith et al., 2001, p. 213), peer assessment, student self-evaluation and reflection in almost every lesson through concluding the lessons with ‘5 minute pauses’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) which enable students to assess strengths and weaknesses in their learning (Barry & King, 1998, p. 350) and regular diagnostic evaluation of student learning (Barry & King, 1998, p. 338).

The summative assessment in this unit occurs in the final week of the unit and is an extended response to an unseen question and stimulus materials, taken under supervised exam conditions. Schmidt and Kenman argue that to achieve success in legal studies, “students have to be able to write essays which effectively express their ideas concerning the law and its social impact” (1996, p. 1). As recommended, the extended response focuses on the specific issue of internal and external processes of investigating Workplace Health and Safety rather than the entire broad topic of jobs and the law (Queensland Studies Authority, 2007, p. 46). The assessment task and techniques relate to the unit aims and study specific understanding that legislation exists to deal with specific issues of safety (Queensland Studies Authority, 2007, p. 26) and that students will demonstrate their ability to take a stance on an issue regarding Workplace Health and Safety and develop this stance into a reasoned response that demonstrates their knowledge of Workplace Health and Safety laws and processes in employment, allows them to investigate and analyse the effectiveness or ineffectiveness of workplace health and safety laws in protecting all people and critically reflect on the importance and social purpose of Workplace Health and Safety laws in employment.

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The design of the summative assessment follows the Queensland Studies Authority guidelines for ‘Designing Effective Assessment Instruments for Authority Subjects’ in that the scope and intent of the assessment instrument and task align with teaching and learning experiences and unit aims and objectives so that in this way the assessment task is connected to the learning that occurred in the unit, but is not driven by it (Queensland Studies Authority, 2010, p. 5). The design of the assessment instrument also allows optimal student participation and success through clear and definite instructions, language suited to the students, clear presentation and structure and definite and clear definitions (Queensland Studies Authority, 2010, p. 5). The exam question and prompts for particular areas to include in the response contain metalanguage of the exit levels and general Legal Studies syllabus objectives; knowledge and understanding, investigation, evaluation and communication and research skills (Queensland Studies Authority, 2007, pp. 3-5, 48).

Evaluating the Effectiveness of the Unit:

Evaluation is a vital component of assessing teaching and the effectiveness of a unit by not only identifying the progress of student learning but also in exposing strengths and weaknesses of the way lessons within a unit are taught (Barry & King, 1998, p. 330). Overall, evaluation of the effectiveness of this unit is dependent on reflection of the students’ performance in formative and summative assessment, student feedback and reflection of the unit in the last lesson for this unit, the consistent use of a teacher reflection journal after every lesson and observation of whether students have developed critical thinking, creative thinking and self-regulated thinking in connection to habits of mind (Mid-continent Research for Education and Learning, 2010) by the conclusion of the unit. The development of these habits of mind would be identifiable through observing students’ work, presentations and discussions throughout the whole unit to identify their developing use of critical reflection and higher-order thinking. As mentioned in the assessment rationale, formative assessment techniques utilised in this unit include teacher conferencing and verbal feedback which is embedded into the classroom learning experiences every class (Groundwater-Smith et al., 2001, p. 213), peer assessment, student self-evaluation and reflection in almost every lesson through concluding the lessons with ‘5 minute pauses’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and regular diagnostic evaluation of student learning (Barry & King, 1998, p. 338).

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MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

WEEK 1

Lesson 1: Orientation*Establish/remind students of classroom expectations and responsibilities.*Students interviewed and engage in discussion about their own experiences in the workplace (QSA, 2007, p. 27).* Students pick a job that interests them and research and predict what sort of legal issues or laws might be present, affect or be needed in that type of job and why the laws are needed.*Class discussion on the possible role of the law in the workplace.

Lesson 2: Orientation*Selection of hypothetical and real legal scenarios given to students regarding legal issues in the workplace in the forms of legal cases, newspaper articles, visual texts and television news reports. *Students ‘think, pair, share’ (DEST, 2002) to identify what is the wrong behaviour or occurrence in each scenario and whether this behaviour or occurrence is acceptable.*Unit and assessment outline*’K-W-L’ chart (DEST, 2002) to gauge students’ prior knowledge of topic and understand what interests them about this unit topic.

Lesson 3: Enhancing*Lesson focus: workplace legislation.*Teacher exposition of Commonwealth and State legislation relating to work.*Teacher exposition of types of employees covered by Commonwealth and State legislation.*Case scenarios given to students and they determine whether the employee is covered under a Commonwealth or State legislation.*Students explore the Workplace Relations Act 1996 (Cth) and Fair Work Act 2009 (Cth).

Lesson 4: Enhancing*Lesson focus: legislative and regulatory changes to the workplace.*Students research online recent legislative changes (e.g. AIRC replaced by Fair Work Australia and Workplace Authority replaced by the Fair Work Ombudsman).* ‘T-Chart’ (DEST, 2002) with students to understand cause and effect (i.e. what caused the legislative/regulatory change and what effect does this change have on society?).

Lesson 5: Enhancing*Lesson focus: types of employees (full-time, part-time, regular, casual, probationary, for a set period or fixed task, apprentices, trainees and independent contractors).*Students allocated into ‘expert groups’ (DEST, 2002) and are given one type of employee to investigate.*Within ‘expert groups’ students will create a poster with their findings (including concept map with identifying features/working conditions of their allocated type of employee).

WEEK 2

Lesson 6: Enhancing*Lesson focus: types of employees.*Students present their ‘expert group’ posters from the previous lesson to the whole class (adapted from QSA, 2007, p. 27).*’Expert group’ posters are put up around the room.*‘Round Robin’ (DEST, 2002) similarities and differences between each type of employee.* ‘Placemat’ (DEST, 2002) group activity where students analyse and evaluate why society has different types of employees.

Lesson 7: Enhancing*Lesson focus: independent contractors, existence of an employer-employee relationship and the major indicia (Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16; Abdulla v Viewdaze Pty Ltd trading as Malta Travel [2003] AIRC PB, PR 927971).*Teacher exposition of the major indicia.*In small groups, students will be presented with hypothetical and real legal scenarios and they must decide whether an employer-employee relationship existed and explain their

Lesson 8: Enhancing*Lesson focus: major stakeholders in the workplace.*Brainstorm and concept map with students possible stakeholders in employment.*Students allocated into ‘expert groups’ (DEST, 2002) and are given one major stakeholder in employment to investigate (e.g. what does this stakeholder aim to achieve? What functions or effect does this stakeholder have on employment law?)*Within ‘expert groups’ students will create a poster with their findings and present this poster to the whole class.

Lesson 9: Enhancing*Lesson focus: major stakeholders in the workplace.*Teacher to review students’ interview questions for appropriateness.*Representatives from the Australian Council of Trade Unions, the Chamber of Commerce and Industry Queensland and Fair Work Australia will discuss their organisation and take interview questions from students via ‘Skype’ (adapted from QSA, 2007, p. 27).* Students will interview the representatives and record answers.*Homework: students will collate the information recorded from the

Lesson 10: Enhancing*Lesson focus: major stakeholders in the workplace.*Random selection of students will present their summary of their interview findings to the class.*‘PMI’ (DEST, 2002) whole class activity about the findings from the interviews conducted the previous lesson.* Venn Diagram’ (DEST, 2002) to explore the similarities and conflicting/competing interest of stakeholders.*Evaluate in ‘think, pair, share’ (DEST, 2002) the importance or value

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answer using the major indicia and ‘ILAC’ method.

*‘Expert posters’ are put up around the room.*Homework: formulate interview questions to be used next lesson.

interviews of industry representative and present this information in a written summary.

of stakeholders in the workplace.

ST. MATTHAIS COLLEGE YEAR 12 LEGAL STUDIES UNIT MATRIX - You, the law and society: Jobs

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WEEK 3

Lesson 11: Enhancing*Lesson focus: awards and agreements.*‘K-W-L’ chart (DEST, 2002) with students about workplace awards and agreements.*Brainstorm and concept map with students some employment terms and conditions that may be found in an award or agreement (e.g. hours, pay rate, public holidays, etc.).*Teacher exposition on modern awards and enterprise agreements.*Homework: students consider what they believe are the most important rights for their future working life that they want protected (Woodgate, Black, Biggs & Owens, 2008, p. 137).

Lesson 12: Enhancing*Lesson focus: safety net of workplace conditions (i.e. modern awards, national employment standards and national minimum wage orders).*Share homework response as a whole class.*Students to research online (www.fairwork.gov.au) the national employment standards and national minimum wage orders.*Students given a range of real and hypothetical workplace awards and agreements that are illegal and using the ‘ILAC’ method, identify the issue within the workplace award and fix the workplace award so that it meets the safety net of national conditions.*Whole class discussion: students evaluate the social importance of the minimum conditions within the safety net.

Lesson 13: Enhancing*Lesson focus: modern awards and enterprise agreements.*In small groups students are given an occupation and research online the award that covers that occupation and some of the employment conditions within that award and present the findings to the class (adapted from QSA, 2007, p. 27).*Evaluate different types of awards on workers (QSA, 2007, p. 27).*Students role-play as employer/s and employee/s in small groups to prepare a draft enterprise agreement in response to a hypothetical workplace scenario (QSA, 2007, p. 27).

Lesson 14: Enhancing*Lesson focus: changes to awards and agreements.*Students research online (www.fairwork.gov.au) the recent changes that have occurred regarding awards and agreements (e.g. phasing out of Australian Workplace Agreements, Employee Collective Agreements and Union Collective Agreements to be replaced with Modern Awards, Enterprise Agreements, National Minimum Wage Orders and National Employment Standards).* ‘T-Chart’(DEST, 2002) as whole class the strengths and weaknesses of recent changes to awards and agreements for society.*‘Placemat’ activity (DEST, 2002) where students evaluate why the laws might have changed.

Lesson 15: Enhancing*Lesson focus: industrial action.*Students formulate questions about industrial action and go onto the Fair Work Australia website and ask the experts online on the process of industrial action.*Response to stimulus (Berry, 2010): consider effects of industrial action on employers, employees and society.* Whole class ‘round robin’ (DEST, 2002) to discuss whether industrial action is good.*Students given a hypothetical legal scenario regarding an employee who wants to take action against an unfair enterprise agreement. Students will advise their hypothetical client as to the processes they must undertake.

WEEK 4

Lesson 16: Enhancing*Lesson focus: Workplace Health and Safety (WHS) legislation and duties.*Brainstorm and concept map things that students do every day to protect their own and others health and safety.*Glossary of relevant terms activity sheet to be completed individually or in pairs.*Activity sheet: students to search through the WHS QLD website to find relevant legislation that guides Workplace Health and Safety and answer the activity sheet questions.*‘Think, pair, share’ (DEST, 2002) activity where students will write one paragraph personally evaluating why we have Workplace Health and Safety laws and regulations and then share.*Homework: Pick one section of WHS legislation and explain the section including its importance for society.

Lesson 17: Enhancing*Lesson focus: WHS in occupations.*Present homework that was issued the previous lesson.*In a ‘hot potato’ activity (DEST, 2002), students will negotiate as a class to pick approximately six different jobs. Each job title will then be written onto a different sheet of poster paper. Students will spend a few minutes at each poster/job listing as a group on the poster possible risks associated with that job and how they could make that job safer. Students will then rotate to another poster/job until they have contributed to each.*Students will pick one job that interests them and research the specific risks associated with that job including the applicable code of practice and ways risks are minimised (Department of Justice and Attorney-General, 2010).

Lesson 18: Enhancing*Lesson focus: internal and external investigators of WHS.*Students will be given a number from 1-5 (DEST, 2002). Students will complete an activity sheet on the roles and responsibilities of the following depending on their number:1. WHS Officers; 2. WHS Supervisors; 3. WHS Committees; 4. Unions; 5. WHS QLD Inspectors.*Reciprocal teaching (adapted from Orlich, 2001, p. 345): at the end of the allocated research and self-teach time students will then be instructed to find students who researched every number apart from their own and be taught by the student about the other roles in exchange for the student explaining their researched role.Homework: investigate who is in the WHS committee of the school.

Lesson 19: Enhancing*Lesson focus: WHS assessment of school and hazard identification.*Students will be handed WHS school assessment checklists (Department of Education and Training, 2010) and will assess the WHS of the school (adapted from QSA, 2007, p. 27).*Students will convene back at the classroom and share their results of the school WHS assessment.*As a whole class students will prioritise the identified risks in terms of their possibility of causing harm and the degree of harm that could be caused.*Students will then pick one hazard/risk that they identified and fill in a hazard report to be presented to the school WHS Officer.*Homework: what constitutes a breach and provide 3 examples.

Lesson 20: Enhancing*Lesson focus: reporting, prosecution and penalties.*‘Round robin’ (DEST, 2002) homework answers.*Allow students to look through workplace safety books.*Whole class discussion: why do you think it is necessary to report any incidents in the workplace?*Class reading of reporting incidents, process of prosecution and penalties.*Students to summarise the three concepts.*Class simulated game show quiz.*Construct flow chart of appropriate steps to be taken if somebody is injured at work*Homework: research what enforceable undertaking is.



WEEK 5

Lesson 21: Enhancing*Lesson focus: compensation for injured workers.*Present students with images that contain WHS hazards.* ‘T-Chart’ (DEST, 2002) the cause and effect of hazards or actions in stimuli.*Students will be given a hypothetical client and legal scenario involving injury to the client from work. Students will research the Workplace Health and Safety Act 1995 (Qld), Workers’ Compensation and Rehabilitation Act 2003 (Qld), WorkCover Queensland website and the WHS QLD website to respond to their clients request for advice and advise client on methods for compensation.

Lesson 22: Enhancing*Lesson focus: applying and evaluating WHS laws.*Students will view the video ‘Worker’s death prompts call to halt installation scheme’ (Peacock, 2009) and will answer questions on an activity sheet while viewing the video.*Whole class discussion of video.*Students will read the case of WorkCover Authority of NSW v Black Stump Restaurant (2000) 102 IR 40 and respond to questions on an activity sheet (Woodgate et al., 2008, p. 170-171).

Lesson 23: Enhancing*Lesson focus: Safety Sense general component and certificate.*Students will go to the Safety Sense website (http://www.deir.qld.gov.au/workplace/pdfs/safetysense/index.htm) and complete the general component test in order to get their certificate.*Students complete silent reflection extending on the personal evaluation why we have Workplace Health and Safety Laws done in lesson 16. Extend on the importance of WHS laws and reflect if their attitudes towards WHS has changed and how they will implement WHS into their lives.

Lesson 24: Enhancing*Lesson focus: types of discrimination.*‘Placemat’ activity (DEST, 2002) where students consider what is discrimination and then present to class.*Concept map with students from the results of their ‘placemat’ activity what is discrimination, some attributes that people can be discriminated against and examples of discrimination in current affairs and create a class definition of discrimination.*In small groups students are given one attribute (e.g. race, religious belief, age, sex, etc.) and will identify relevant Commonwealth and Queensland legislation regarding discrimination against that attribute. Findings will be written onto the whiteboard by a scribe from each group.

Lesson 25: Enhancing*Lesson focus: sexual harassment in the workplace.*Scenarios given and as whole class students will decide whether they deem the actions to be sexual harassment and justify their opinion.*Students will be given resource sheet on ‘what is sexual harassment’ and this will be read out to class.*Class discussion on sexual harassment.*View video ‘David Jones’ $35 Million Suit’ (Network Ten, 2010) and complete activity sheet while viewing the video.

WEEK 6

Lesson 26: Enhancing*Lesson focus: adverse action and exemptions to discrimination.*On the whiteboard, adverse actions will be written and students are to copy this down into their workbooks.*In groups students will research online and relevant legislation to identify exemptions to discrimination.*Two-column analysis of strengths and weaknesses of exemptions to discrimination.*Class discussion (QSA, 2007, p. 10) where students discuss whether these exemptions should exist.

Lesson 27: Enhancing*Lesson focus: reporting discrimination and conciliation.*Students research online on the Fair Work Ombudsman and Anti-Discrimination Queensland website and create a flow chart/graphic organiser (DEST, 2002) depicting the process in reporting discrimination.*Activity sheet: students will watch a video ‘Working it through: a guide to the ADCQ conciliation conference’ (Anti-Discrimination Commission Queensland, 2004) and answer questions.*In medium sized groups students will be given character sheets and scenario and will role-play a conciliation conference.

Lesson 28: Enhancing*Lesson focus: practice identifying, applying and evaluating discrimination and anti-discrimination legislation.*‘ILAC’ analysis of newspaper article ‘Printing Company Wongtas allegedly discriminated against worker Jiongqui Ye’ (News.com.au, 2010).*In pairs, students will search online through the Human Rights and Equal Opportunity Commission website, Fair Work Australia website, Anti-Discrimination Queensland website or Austlii to find a case regarding workplace discrimination and will present to the class: what the case is, the facts of the case, the relevant legislation, the outcome and whether the outcome was fair.

Lesson 29: Enhancing*Lesson focus: raising awareness of workplace discrimination in society.*‘Round robin’ (DEST, 2002) where students discuss the purpose and importance of anti-discrimination protection laws in the workplace.*Now that students can articulate the importance of anti-discrimination protection in the workplace they will inform their school community.*As a whole class, students will create a one-page informative summary which will be published in the next school newsletter.

Lesson 30: Enhancing*Lesson focus: unlawful dismissal.*Brainstorm and concept map as whole class valid reasons why an employer might dismiss an employee.*Brainstorm and concept map as a whole class suggestions as to what might constitute an unfair or unlawful reason for dismissal.*Teacher exposition of unlawful dismissal including the test, onus of proof, who may bring a claim and exemptions (e.g. inherent requirement of particular position or in good faith to avoid injury to the religious susceptibilities of adherents of that religion or creed) (Workplace Relations Act 1996 (Cth) s 659).

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WEEK 7

Lesson 31: Enhancing*Lesson focus: unfair dismissal.*Teacher exposition of unfair dismissal including the test, onus of proof, who may bring a claim and exemptions (e.g. misconduct, poor performance and the operational requirements of the business).*Provide students with hypothetical or real legal scenarios where people have been dismissed from their employment and students will identify and explain whether the dismissal was unfair or unlawful.

Lesson 32: Enhancing*Lesson focus: complaint process and remedies for unlawful dismissal and unfair dismissal.*Students to investigate and research online the process for lodging a complaint and remedies available to people who have been unlawfully or unfairly dismissed and report back.*As a whole class, students will construct a flow chart of the steps in lodging a complaint of unfair or unlawful dismissal.*As a whole class, students will create a two-column table demonstrating the remedies available for unlawful dismissal (column A) and unfair dismissal (column B).

Lesson 33: Enhancing*Lesson focus: unlawful dismissal and unfair dismissal.*In small groups, students will be presented with hypothetical or real legal scenarios regarding cases of unlawful or unfair dismissal. Students will investigate, analyse and apply the law to the legal scenario.*In small groups, students will view a range of newspaper articles and legal cases on unlawful and unfair dismissal and evaluate whether the outcome was just. Consider both the needs/position of the employer and the needs/position of the employee. If outcomes are deemed to be unjust students will decide on possible changes to the law.

Lesson 34: Synthesising*Summarise main concepts and legislation taught throughout this unit.*Game show quiz: students will be divided into 4 groups for the game show and will answer content questions about any concept of law in the workplace covered throughout the unit with the teacher acting as the quiz master.*Students will be presented with a range of hypothetical and real legal scenarios relating to any aspect of employment law taught in this unit and will draw on their knowledge and understanding, investigation skills, evaluation skills and ability to communicate and research effectively to answer the questions posed in regards to each legal scenario.

Lesson 35: Synthesising*Teacher modelling essay format that will be required in exam and elements of effective extended response (literacy activities taken from Schmidt & Kenman, 1996).*Exam practice: students will be presented with stimulus material relating to any of the topics covered in this unit and respond to questions provided that involve students drawing on their knowledge and understanding, investigation skills, evaluation skills and communication and research skills.*Peer modelling: students will swap their response with another student and analyse and evaluate how appropriately the other student has answered the questions and provide suggestions as to how to improve the response.*Students will then receive their response back and read the peer feedback.

WEEK 8

Lesson 36: Synthesising*Class time for student revision of unit concepts for exam.*Teacher available for student consultation.

Lesson 37-38 (lesson comprising of 100 minutes)

SUMMATIVE ASSESSMENT TASK: SUPERVISED EXTENDED

RESPONSE EXAM

Lesson 39: Synthesising*Individually or in small groups students are to select any aspect of law in the workplace that they have learned in this unit that they feel needs to be improved.*Students will write a letter addressed to the current Queensland or Federal Minister responsible for employment laws and make a recommendation in this letter for what law needs to be changed, how this law can be changed and why this law should be changed including the benefit for society.

Lesson 40: Synthesising* The teacher will collect all student action letters.*‘PMI’ (DEST, 2002) as whole class for students to give the teacher feedback on what they liked about this unit, what they didn’t like about this unit and what they that was interesting.*Class discussion on role of law in workplace and the importance of laws in the workplace for themselves and society as a whole.

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*Homework: students will finish writing their action letters.

*Briefly make students aware of the topic for the next unit; law in a changing society.

Legal Studies lesson plan 1

CLB034: Legal Studies Curriculum Studies 2

School: St. Matthias College

Year level: 12

Nature of student group: 26 students – 16 female and 10 male students of mixed abilities and backgrounds

Unit title: You, the law and society: Jobs

Phase of unit: Enhancing

Lesson: 15

Duration of lesson: 45 minutes

Focus for lesson: industrial action

Lesson objectives/aims:

By the end of this lesson students will be able to:

Understand the purpose and process of industrial action. Critically review the law’s attempts to achieve just, fair and equitable outcomes to issues regarding disputes in the workplace. Take a stance on industrial action and justify this stance through evaluating the strengths and weaknesses of industrial action at an individual and social level. Select and apply appropriate workplace laws regarding industrial action to a hypothetical legal scenario to develop a reasoned response.

Resources: Class roll Whiteboard Whiteboard markers

13


Whiteboard eraser Student laptops Internet access 27 copies of Resource 15.1 27 copies of Resource 15.2 Teacher reflection journal

Teaching strategies/learning experiences

Duration Evaluation/assessment of students’ learning

Teacher Students

Class discussion (QSA, 2007, p. 10).

‘K-W-L’ chart (DEST, 2002).

Explicit instruction of learning experiences.

Using the internet (QSA, 2007, p. 11).

Discovery learning (Bruner as cited in Snowman et al., 2009, p.

5 minutes

15 minutes

Are students listening to the explanation of the lesson focus and lesson objectives?

How much prior knowledge of industrial action do students have?

Are all students raising their hand to help formulate questions that they want answered about industrial action?

Have all students copied down the ‘K-W-L’ chart into their workbooks?

Does every student have access to their own laptop or can they share with someone else?Has every student accessed the correct website?Do students appear on task by typing and writing responses into their workbook?

Invite students into the classroom.

Mark the class roll.

Inform the students of the lesson focus and lesson objectives.

Ask students to raise their hand to share what they already know about industrial action.

In a ‘K-W-L’ chart (DEST, 2002) on the whiteboard, write down what students already know about industrial action (K) and then ask for students to suggest what they want to know about the purpose and processes of industrial action (W). The responses in the ‘W’ column will form the questions about industrial action that students will use in their next learning experience.Instruct students to copy down the ‘K-W-L’ chart (DEST, 2002) into their workbooks.

Inform students that individually or in small groups, they are to go onto their laptops, access the Fair Work Australia website (http://www.fwa.gov.au/) and ask the experts online the questions that were formulated in the ‘W’ column of the ‘K-W-L’ chart (DEST, 2002).

At the end of the allocated activity time, the teacher will

Students to enter the classroom.

When their name is called students should respond with by saying ‘present’ or ‘here’.

Students call on their prior knowledge and raise their hand to share what they already know about industrial action.Students will raise their hand and participate in a whole class discussion to formulate questions about industrial action.

Students will copy down the ‘K-W-L’ chart into their workbooks.

Students will be listening to the teacher instruction for this learning activity.

Students will form small groups or work individually and go onto their laptops, access the Fair Work Australia website and click on the link ‘Live Help’. They will then proceed to ask the expert online the questions that were formulated in the ‘W’ column and write the expert’s answers down in the ‘L’ column.

14


ask for the students to respond with what they learnt. These answers will be written into the ‘L’ column of the ‘K-W-L’ chart (DEST, 2002).

Students will be asked to move their seats so that they are sitting in a circle and will be given the newspaper article ‘Health workers angry over pay offer’ (Berry, 2010) (Resource 15.1) and will be called upon to read this article aloud.

Initiate a class discussion of the effects that industrial action taken by health workers might have on employers, employees and society.

‘Round Robin’ (DEST, 2002) with students around the circle whether they believe that industrial action a good method for achieving an outcome on disputes in the workplace and ask students to justify their response.

Give each student the hypothetical legal scenario (Resource 15.2) regarding an employee who wants to take industrial action against an unfair enterprise agreement and inform them to advise their hypothetical client as to the processes they must undertake. Walk around and conference with students to check for understanding during this activity.

At the end of the allocated activity time, inform the students to do a ‘5 minute pause’ (adapted from Mid-continent research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

Dismiss the class.

When instructed by the teacher that the time for this activity is over, students will raise their hand to participate in a class discussion and presentation of their findings.

All students should move their chairs into a circle formation. When given the newspaper article (Berry, 2010) students who are called upon to read should read the newspaper article aloud until the teacher instructs another student to continue reading. Other students who are not reading aloud should be following along as the newspaper article is read.

Students will consider what effects a resulting industrial action taken by health workers might have on employers, employees and society and participate in a class discussion to present their response.

Every student will be asked to determine whether they believe industrial action is a good method for achieving an outcome on disputes in the workplace and will be required to justify the reasons for their response.

When given the hypothetical legal scenario, students will read this scenario and respond to the questions on the resource sheet. They may consult with other students during this activity.

Students will reflect on the lesson content and learning.

When instructed by the teacher, students will pack away their belongings, clear their area and leave the classroom in an orderly manner.

337).


Class and guided reading.

Interpretation of a newspaper article (QSA, 2007, p. 11).


‘Round Robin’ (DEST, 2002).

Legal case method (QSA, 2007, p. 10).

‘5 minute pause’ for reflection (adapted from Mid-continent research for Education and Learning, 2010; DEST, 2002).

10 minutes

8 minutes

7 minutes

Is every student able to contribute to the presentation of their findings?

Is every student sitting in the circle formation?Does every student have a copy of the newspaper article?When selected students are called upon to read are they able to read fluently and confidently?Are students who are not reading remaining silent and listening to the person who is speaking?

Do all students want to participate in the class discussion?Are students able to propose appropriate and informed effects that industrial action might have?Does every student have an opinion as to whether industrial action is good?Are students able to justify their opinion in a thorough explanation of their reasoning?

Does every student have a copy of the hypothetical legal scenario?During teacher conferencing and checking for student understanding are students appear confused as to any of the lesson content so far?Do students understand the task?

Are students working silently on their reflection?

15


LESSON CLOSE

Teacher journal reflection of lesson.




Year level: 12




Lesson: 16


Focus for lesson: Workplace Health and Safety legislation and duties


By the end of this lesson students will:

Recognise that they take precautionary safety measures to protect themselves and others every day Have expanded their knowledge and use of Workplace Health and Safety legal linguistics and visual terminology Demonstrate knowledge of Workplace Health and Safety laws, specifically the Workplace Health and Safety Act 1995 (Qld) Recognise and critically reflect on the importance and social purpose of Workplace Health and Safety laws

Resources:

Class roll Whiteboard

16


Whiteboard markers Whiteboard eraser 27 copies of Resource 16.1 27 copies of Resource 16.2 Student laptops Access to internet Wide selection of paper-based materials relating to Workplace Health and Safety Teacher reflection journal



Teacher Students

‘Brainstorming’ (DEST, 2002).


‘Concept map’ (DEST, 2002).

Literacy activity sheet (QSA, 2007, p. 52).

Explicit instruction of learning experiences and activities.


5 minutes

5 minutes

10 minutes

Are students listening to the teacher explain the lesson focus and objectives?

Are students raising their hand to participate in the class brainstorm?Are students offering relevant examples of precautionary safety measures they take?

Has every student received a copy of the activity sheet?Does every student have access to a laptop and the internet?Are students utilising both the internet and paper-based resources at the front of the classroom to complete the activity sheet?Were students able to find definitions and explanations for the words and images?



Inform students of lesson focus and lesson objectives.

On the whiteboard, call on students to participate in a whole class brainstorm of things that students do every day to protect their own and others health and safety including justifying why they take these precautionary safety measures.

Organise and write student answers in a concept map (DEST, 2002) form.

Hand out to each student a copy of the Workplace Health and Safety glossary activity sheet (Resource 16.1). Instruct students they are to utilise the internet and Workplace Health and Safety resources that the teacher has brought into class for that lesson to identify the meaning of each word or image.

At the end of the allocated activity time, go through each word or image and ask students to define the word or explain the image.


When their name is called students should respond with by saying ‘present’ or ‘here’.Students should be listening to the teacher explaining the lesson focus and lesson objectives.

Students should raise their hand to suggest precautionary safety measure they take every day or frequently and consider the reason why they take these safety measures.

When each student has received a copy of the activity sheet they should access the internet and the paper-based resources that the teacher has at the front of the classroom to find definitions and explanations for the words and images on the activity sheet.Students may consult with other students if they are struggling to locate definitions or explanations.When the teacher asks for a definition or explanation of a specific term, students should raise their hand to offer a response. Any student who could not find a definition or explanation for a word or image during the activity time should write down the definition or explanation as it is presented in the whole class discussion.

17


Hand out to each student a copy of the introduction to Workplace Health and Safety laws activity sheet (Resource 16.2). Inform students that in small groups they are to access the internet and search the Workplace Health and Safety Queensland website (http://www.deir.qld.gov.au/workplace/index.htm) to find relevant legislation that guides Workplace Health and Safety (i.e. specifically the Workplace Health and Safety Act 1995 (Qld), Health and Safety Regulation 2008 (Qld) and codes of practice) and answer the questions on the activity sheet.

At the end of the allocated activity time, instruct students to return to their seats and to take out their workbooks.

Write the following on the whiteboard: What social purpose do Workplace Health and Safety laws have and why are these laws important?

Instruct students to spend time silently reflecting on the question on the whiteboard and to write their reflection into their workbooks.

At the end of the reflection time ask students to ‘think, pair, share’ (DEST, 2002) by asking students to turn to the person next to them and to share their reflection with their partner. Once students have shared their reflection with their partner, call on a selection of pairs to discuss their reflections for the whole class.

Instruct the students to do a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

While students are completing their ‘5 minute pause’ (adapted from Mid-continent Research for Education and

Students will listen to the instructions for the activity and when they have received a copy of the activity sheet they should form small groups, access the internet and go onto the Workplace Health and Safety Queensland website and answer the questions on the activity sheet.

Throughout this research activity, students will compare their answers with other students.

Students will return to their seats and take out their workbooks.

Students will spend an allocated amount of time silently and individually reflecting on the question posed by the teacher that is written on the whiteboard.

Once the allocated reflection time has concluded students should turn to the person next to them and read their reflection to their partner or summarise their reflection response for their partner.Once every pair has discussed their reflections, select pairs will be called upon by the teacher to discuss what they said in their reflections and if their response was different to their partners.



Small group work.


Critical reflection.

‘Think, pair, share’ (DEST, 2002).

‘5 minute pause’ reflection (adapted from Mid-continent Research for Education and Learning’ DEST, 2002).

10 minutes

7 minutes

8 minutes

Does every student have a copy of the activity sheet?Has every student arranged themself into a group?Does every group have access to at least one laptop and the internet?Are students on the correct website?Are students able to identify the relevant and current legislation?Can students find legal databases to access the online version of legislation?

Are students writing in their workbooks silently?

Do students feel comfortable sharing their reflection with someone else?Are students discussing their reflection with their partner?Do both students in pairs have similar or different reflections?

Are students working silently on their lesson reflection?

18


Learning, 2010; DEST, 2002) write the student homework task on the whiteboard; select one section of the Workplace Health and Safety Act 1995 (Qld) and explain the selected section, including its importance for society.

When students have finished their ‘5 minute pause’ instruct the students to write the homework task into their student diary and make them aware that the homework is due the next lesson.

Dismiss the class.

LESSON CLOSE


Students will copy down the homework task into their student diaries and should raise any questions that they have about the lesson content or the homework task to the teacher.


Has every student written down their homework task into the student diaries?Does every student understand the homework task?Are students asking a lot of questions about lesson content?

19





Year level: 12




Lesson: 17


Focus for lesson: Workplace Health and Safety in occupations



Demonstrate and make statements of specific knowledge about the Workplace Health and Safety Act 1995 (Qld) Make recommendations on how certain types of occupations could be made safer Appropriately research, select, organise and present relevant law Understand the relevance of Workplace Health and Safety to their future working life

Resources: Class roll Pens

20


5 sheets of poster paper Student laptops Access to internet Teacher reflection journal



Teacher Students

Checking homework completion.

‘Hot potato’ activity (DEST, 2002).

Medium size group work.

7 minutes

20 minutes

Are students listening to teacher explain the lesson focus and lesson objectives?

Have students completed their set homework task?

Do students who did not complete their set homework task understand that they must present the completed task by the beginning of the next lesson?

Are students comfortable standing at the front of the class to present their homework or would they prefer to present from their desk?Have students identified a section from the relevant legislation?Are students able to summarise this section of legislation into an age-appropriate explanation?Can students identify why this section of legislation is important for society?Are all students negotiating and having their input valued as to job suggestions?Is every student in a group?




Ask every student to get out their completed homework task that was given in the previous lesson.

Walk around the classroom to check that every student has completed the homework task. For students who have not completed the homework task, make a note of their name in the teacher reflection journal and inform them that they must present the completed homework task by the beginning of the next lesson.

Randomly select some students to move to the front of the classroom and present their homework task; identifying what section of the legislation they chose, the summary of this section and the importance of this section for society.

‘Hot potato’ activity (DEST, 2002): Ask students to select 5 different types of jobs (e.g. doctor, nurse, teacher, engineer, etc.). When students have selected 5 different types of jobs, each title of these jobs will be written onto a different sheet of poster paper.

Instruct students to form 5 groups (approximately 5 people in each group).

Once students have formed groups, distribute one sheet


When their name is called students should respond with by saying ‘present’ or ‘here’.Students will listen to the teacher explain the lesson objectives and lesson content.

Students will retrieve their completed homework task that was set for them in the previous lesson. Any student who has not completed their homework task will alert the teacher to this when the teacher walks around the class to check of the homework has been completed. Any student who has not completed the homework task shall complete the homework before the beginning of the next lesson.

Students selected by the teacher to present their homework response should move to the front of the classroom and take turns presenting their homework response.

Students will negotiate as a whole class to pick 5 different types of jobs that interest them and inform the teacher of their selections.

Students will form groups of approximately 5 people and move to sit with their group.

21


of poster paper/job title to each group.

Inform the class that in a group they are to spend a few minutes listing as a group the possible risks associated with that job and propose ideas as to how they could make that job safer.

Once a few minutes has passed, instruct student groups to rotate clockwise and move to the next poster/job title and answer the same questions just for a different job and build on students’ answers that were previously written on the poster by the previous group/s.

Continue rotating groups until every group has contributed to every poster.

At the end of the ‘hot potato’ activity (DEST, 2002) the teacher will call on student groups to move to the front of the classroom one by one to present the poster in front of them.

Ask students to reflect on an occupation that they plan on working in when they finish high-school. Once students have identified an occupation inform students that they are to research online the specific risks associated with that occupation, the applicable code of practice and ways risks are currently minimised in that occupation.

At the end of the allocated activity time instruct the students to do a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

Students will be listening to the teacher instruction for the following activity.Students will work as a team to identify as many possible risks associated with the job on the poster in front of them and propose ideas as to how they could make that job safer.

When instructed by the teacher, student groups will stand up and move in a clockwise direction to the next poster and answer the same questions for the different job.

When called on by the teacher, the student groups will move to the front of the classroom with the poster that is in front of them at their desks and present the responses to the class.

Students will pick one occupation that they plan on working in when they finish high-school. If students do not have plans for their working life outside of high-school then students should pick any job that interests them.At the end of the teacher instruction for the activity, students will access the internet and research their chosen occupation for the specific risks associated with that occupation, the applicable code of practice (if any) and ways that the industry attempts to minimise risks and workplace injuries in that occupation.



Using the internet (QSA, 2007, p. 11)

‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002).

11 minutes

7 minutes

Are students listening to the teacher instruction for the following activity?Are students working as a team, valuing the contribution of every member?Are students writing their responses onto the poster paper?Has every student group rotated clockwise when instructed?

Has every group had the opportunity to respond to each job/poster?

Did students correctly identify possible risks associated with each job?Did students propose thoughtful suggestions as to how these occupational risks could be minimised?Does every student have a job in mind that they can use to research?

Does every student have access to a laptop and the internet?Are students able to locate and use appropriate websites and legal databases for their research?Are students writing down their findings into their workbooks?

Are students working silently on their lesson reflection?

22


Dismiss the class.

LESSON CLOSE






Year level: 12




Lesson: 18


Focus for lesson: Internal and external investigators of Workplace Health and Safety



Demonstrate knowledge of the types of internal and external investigators of Workplace Health and Safety

Explain the roles and responsibilities of each type of internal and external investigators of Workplace Health and Safety

Work in a team to appropriately research, organise and teach one type of internal or external investigators of Workplace Health and Safety to other class members

Resources: Class roll

23


Whiteboard Whiteboard markers Whiteboard eraser Student laptops Access to the internet 27 copies of Resource 18.1 Teacher reflection journal



Teacher Students

‘Reciprocal teaching’ (adapted from Orlich, 2001, p. 345).

‘Numbered heads’ (DEST, 2002).

Explicit teacher instruction of learning activity.

Discovery learning (Bruner as cited in Snowman et al., 2009, p. 337).


5 minutes

10 minutes

Are the students listening to the explanation of the lesson focus and objectives?

Can every student remember what number they were given?

Does every student understand the task?

Does every student understand what type of investigator they are researching?

Has every student formed a group with students who were allocated the same number as them?

Has every student collected the activity sheet from the front of the classroom?


Mark the class roll


Inform students that they are going to be participating in a ‘reciprocal teaching’ (adapted from Orlich, 2001, p. 345) learning activity for this lesson.

Using the teaching strategy of ‘numbered heads’ (DEST, 2002), give each student a number from 1-5.

Tell the students and write on the whiteboard that:

Students who are number 1 are to form a group, collect the activity sheet (Resource 18.1) from the front of the classroom and complete the activity sheet on the roles and responsibilities of Workplace Health and Safety Officers

Students who are number 2 are to form a group, collect the activity sheet (Resource 18.1) from the front of the classroom and complete the activity sheet on the roles and responsibilities of Workplace Health and Safety Supervisors.

Students who are number 3 are to form a group, collect the activity sheet (Resource 18.1) from the front of the classroom and complete the activity sheet on the roles and responsibilities



Students should listen to hear what number they have been allocated

Students should carefully listen to the teacher instruction for the ‘reciprocal teaching’ (adapted from Orlich, 2001, p. 345) task and raise their hand if they have any questions regarding the learning activity.

When the teacher has finished explaining the learning activity the students will move from their seats to meet with their number group.

Every member of each group will collect the activity sheet (Resource 18.1) from the front of the classroom.

24


of Workplace Health and Safety Committees. Students who are number 4 are to form a group,

collect the activity sheet (Resource 18.1) from the front of the classroom and complete the activity sheet on the roles and responsibilities of unions that campaign for Workplace Health and Safety Committees.

Students who are number 5 are to form a group, collect the activity sheet (Resource 18.1) from the front of the classroom and complete the activity sheet on the roles and responsibilities of Workplace Health and Safety Queensland Inspectors.

Inform students that they must work in their numbered groups (e.g. everyone who is number 1 must work together) to research online and find the answers to complete their activity sheet.

At the end of the allocated activity time, instruct students to split up from their numbered group to now approach other students who researched all the other types of internal or external Workplace Health and Safety investigators and be taught by other students as to the roles and responsibilities of those types.

During the ‘reciprocal teaching’ (adapted from Orlich, 2001, p. 345), the teacher will walk around the room to conference with students and check for understanding.

By the end of the lesson, every student should have been taught every type of internal or external investigator of Workplace Health and Safety by other students in exchange for them teaching their information to the other students.

At the end of the ‘reciprocal teaching’ (adapted from Orlich, 2001, p. 345) instruct the students to do a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

Students will work collectively as a group to research their allocated type of investigator and answer the activity sheet.

When the teacher instructs the students to split up from their numbered groups, students must seek out and engage in reciprocal teaching with other students so that by the end of the lesson every student has been taught about every type of internal and external investigators of Workplace Health and Safety.

Students should raise any issues or concern they may have with the task as the teacher walks around the room.



Reflection of lesson concepts.

23 minutes

7 minutes

Are students asking a lot of questions about the learning activity?Does the learning activity need to be clarified or modelled?

Is every student contributing equally to the research?Is every student having their contributions valued?Does every student or group have access to a computer and the internet?

Have students written their findings into their activity sheets?

Are students circulating the room, looking for other students to teach and be taught by?Is student teaching and conversation on task?

Was every student taught about every type of investigator?

Are students working on their lesson reflection in silence?

Do students have a lot of questions about the lesson concepts?

25


While students are completing their ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) write the student homework task on the whiteboard; investigate who is in the Workplace Health and Safety Committee of the school and who is the Workplace Health and Safety Officer for the school.

When students have finished their ‘5 minute pause’ instruct the students to write the homework task into their student diary and make them aware that the homework is due the next lesson.

Dismiss the class.

LESSON CLOSE


Students will copy down the homework task into their student diaries and should raise any questions that they have about the lesson content or the homework task to the teacher.


Have all students written down their homework into their student diary?

Do students understand the homework task?

26





Year level: 12




Lesson: 19


Focus for lesson: Workplace Health and Safety school assessment and hazard identification



Demonstrate knowledge of the roles and responsibilities of Workplace Health and Safety Officers through students role-playing and simulating a Workplace Health and Safety Officer completing a workplace assessment

Identify and prioritise Workplace Health and Safety hazards

Recognise the relevance of Workplace Health and Safety laws to their own lives

Resources: Class roll 27 copies of the assessment checklist (Resource sheet 19.1) (Department of Education and Training, 2010)

27


Whiteboard Whiteboard marker Whiteboard eraser 27 copies of the hazard report (Resource sheet 19.2) (Department of Justice and Attorney-General, 2010) Teacher reflection journal



Teacher Students


Explicit teacher instruction for learning experiences.

Investigative role-play and visit of the school grounds (QSA, 2007, p. 11 & 27).

5 minutes

20 minutes

Are all students listening to the explanation of the lesson focus and lesson objectives?

Are students able to identify all of the members of the Workplace Health and Safety Committee within the school?

Are students paying attention to the teacher as the instructions for the learning experience are being explained?

Has every student received a copy of the assessment checklist?




Call on students to identify who is in the Workplace Health and Safety Committee of the school including identifying who the Workplace Health and Safety Officer is based on the research undertaken for the homework task that was given in the previous lesson.

Instruct students that they are going to play the role of the Workplace Health and Safety Officer for the school and will go out into the school grounds for an investigative exploration and assessment of the school’s Workplace Health and Safety compliance and potential hazards.

Make students aware that they have 20 minutes to walk around and assess the school and that after the allocated activity time they are to be back in the classroom. Remind students to be quiet when walking around the school grounds out of respect for other students who are still in class learning.

Ask students to stand up from their chair and move out of the room.

As each student walks out of the classroom, hand them the assessment checklists (Resource sheet 19.1) (Department of Education and Training, 2010) and remind students that they must be back in the classroom



Drawing on their knowledge of the members of the school Workplace Health and Safety Committee from the completion of their homework task, students will raise their hand to respond to the teacher’s question.

Students will listen carefully to the instructions for the role-play and assessment of the school grounds, noting the time limit for this learning experience.

Students will move from their chairs and exit the classroom in an orderly manner. As they exit, students should collect the assessment checklist (Resource 19.1) from the teacher.

Students may work individually or in groups for the Workplace Health and Safety assessment of the school.

28


within 20 minutes.

Walk around the school grounds with the students to ensure they are on task.

At the end of the allocated activity time, alert students to return to the classroom.Facilitate a whole class discussion in which students identify risks and hazards they came across during their assessment of the school grounds.

Write the identified hazards and risks on one side of the whiteboard.

When the list of risks and hazards identified is exhausted ask students to engage in a whole class discussion to prioritise the identified risks and hazards in terms of their possibility of causing harm and the degree of harm that could be caused. Act only as a facilitator for the class discussion and require students to justify their reason for prioritising certain risks and hazards over others. As students propose a list of priorities, stand at the whiteboard and write the prioritised list on the whiteboard.

Once the identified risks and hazards have been prioritised, hand out a hazard report (Resource 19.2) (Department of Justice and Attorney-General, 2010) to every student.

Ask students to pick one of the hazards or risks identified as a class and to fill in the hazard report form. Make students aware that these hazard report forms will be presented to the Workplace Health and Safety Officer of the school.

At the end of the allocated time for students to fill in the hazard report form, collect all of the hazard report forms and place them in a plastic sleeve.

As a whole class, discuss ‘PMI’ (DEST, 2002) of the lesson.

Write the homework task on the whiteboard: explain what constitutes a breach of Workplace Health and Safety

Students should walk around the school grounds, working through the assessment checklist and identifying any hazards, risks or potential hazards.

When the allocated time for the learning experience has concluded, the students will promptly make their way back to the classroom.Students will refer to their assessment checklists (Resource 19.1) and participate in a whole class discussion of the hazards and risks that were identified during their assessment of the school grounds.

Students will negotiate as a whole class to prioritise the identified risks and hazards in terms of their possibility for causing harm and the degree of seriousness of the harm that could be caused.

Students will pick one of the identified hazards and fill in the hazard report regarding that identified and chosen hazard. These should be completed neatly so that the Workplace Health and Safety Officer for the school can read them.

Students will hand their completed hazard report to the teacher.

Students will discuss what they found interesting about this lesson (Plus), what they didn’t like or understand about this lesson (Minus) and what they found interesting


Prioritising lists (Mid-continent Research for Education and Learning, 2010).


Completion of a hazard report (Department of Justice and Attorney-General, 2010).

‘PMI’ (DEST, 2002).

10 minutes

5 minutes

5 minutes

Are students writing on their assessment checklist?Are students on task with the activity?Are students remaining reasonably quiet while walking around the school grounds?Is every student able to contribute to identifying a hazard they saw within the school?

Is every student contributing to the class negotiation and discussion?Are the opinions of all students being respected?Are students able to justify why they believe one hazard should be prioritised over another?

Does every student have a copy of the hazard report?

Is every student aware of how to transmit the information from their assessment checklist into a hazard report?Are students completing the hazard log is legible writing?

Has every student completed their hazard log?If not, perhaps allow those students to complete their hazard report for homework.

What did students like about the lesson?What did students not like about the

29


Laws and provide three examples (i.e. newspaper articles or legal cases) of Workplace Health and Safety breaches within this year.

Ask students to write down the homework task into their student diary.

Dismiss the class.

LESSON CLOSE


(Interesting).

Students will copy the homework task into their student diary and raise any questions they may have about the homework task or lesson content to the teacher.When instructed by the teacher, students will pack away their belongings, clear their area and leave the classroom in an orderly manner.

lesson?Are students raising their hands to ask a lot of questions about lesson content, concepts or the homework task?If so, do any of the aforementioned need to be clarified?

30





Year level: 12




Lesson: 20


Focus for lesson: reporting workplace incidents, prosecution and penalties


By the end of this lesson student will be able to:

Demonstrate knowledge and understanding of the processes of reporting workplace incidents and prosecution and penalties in response to breaches of Workplace Health and Safety laws

Critically reflect on the importance of reporting workplace incidents

Extend and refine their knowledge of the appropriate steps to be taken if anyone is injured at work

Resources:

Class roll

Wide selection of workplace safety books

31


27 copies of Resource sheet 20.1

Whiteboard

Whiteboard markers

Whiteboard eraser

Teacher reflection journal



Teacher Students

‘Round robin’ (DEST, 2002).


5 minutes

5 minutes

5 minutes

5 minutes

10 minutes

Are students listening to the explanation of the lesson objectives and focus?

Is every student seated in the circle?Is everybody able to contribute a response, thereby indicating they completed the homework task?Is every student able to view a workplace safety book?

Are all students attempting to answer the question posed?Are students able to justify their answers?Are the contributions of every student being respected?

Does every student have a copy of the resource sheet?




Instruct students to form a circular seating formation in the classroom.

‘Round robin’ (DEST, 2002) activity where each student is asked to present their homework response.

Hand out to students workplace safety books from a variety of different workplaces and ask them to look through the safety books, especially the incident reports which explain that any person who is injured or almost injured at a workplace must fill in an incident report as soon as possible after the incident.

Remaining in the circular seating formation, pose the following question to the students: why do you think it is necessary to report every incident in the workplace?

Facilitate a whole class discussion on the question.

Hand out to every student a copy of the resource sheet on reporting incidents, prosecutions and penalties (Resource sheet 20.1).



Students will move to form a circular seating formation.

When it is there turn, each student will present their homework response (i.e. recent example of a breach of Workplace Health and Safety laws).

Students will share the workplace safety books and look through the contents of the book, paying particular attention to the location and format of an incident report.

Students will participate in the whole class discussion in response to the question posed by the teacher.

32


Call on students to read sections of this resource sheet aloud. Once all of the information has been read instruct students to silently summarise the information for the three concepts of reporting an incident, prosecutions and penalties into their workbooks.

While students are summarising their answers, draw a 5 column table on the whiteboard for the following learning experience.

Once the allocated time for the students to summarise the concepts has elapsed, instruct the students to form groups of approximately 5 people and to give themselves a group name.

Simulated game show quiz: inform students that they are participating in a game show quiz and will be asked a series of questions relating to reporting an incident, prosecution or penalties relating to Workplace Health and Safety.

Possible questions:1. What is the process for reporting a workplace injury?2. What is the process for reporting a workplace death?3. Who needs to report a workplace incident to Workplace Health and Safety Queensland?4. What is the maximum penalty for individuals who fail to report a workplace incident?5. What is the maximum penalty for corporations who fail to report a workplace incident?6. What type of incidents require notification to the Workplace Health and Safety Queensland?7. What Queensland legislation outlines the prosecution criteria?8. When and why will a decision to prosecute be made?9. What are the three main types of penalties that can be issued?10. Detail the schedule of maximum penalties for individuals and corporations regarding different types of resulting injuries.10. Why will on-the-spot fines be issued?11. How do you pay an on-the-spot fine?

Ask the quiz questions and the first team to ‘buzz’ with

If called upon by the teacher, the student will read a section of the text aloud.

After all of the information has been read, students will open up their workbooks and summarise what they have just read under the headings of ‘reporting an incident’, ‘prosecutions’ and ‘penalties’.

Students will move to form groups of approximately 5 people and as a group they will decide on a team name.Once they have decided on a team name they should select a scribe to move to the front of the classroom and write their team name into one of the columns on the whiteboard.

Guided reading

Summarising information.


Simulated game show (adapted from QSA, 2007, p. 10).

8 minutes

Are students comfortable reading aloud?Are students reading aloud in a clear and projected voice so that other students can hear and follow along?Are students writing in their workbooks?Do students appear to be struggling to summarise the information for their own use?

Is every student in a group?Has every group provided and written their team name on the whiteboard?

Are students listening to the instructions for the learning experience?

Are students able to quickly,

33


their team name will be called upon to answer. Correct answers receive 1 point which will be written on the whiteboard under the corresponding team’s name. Incorrect answers receive no points.

At the end of the quiz, tally up the points for each team and declare one team the winner.

Settle students down and ask them to decide as a whole class on a logical sequence of steps that should be taken if someone is injured at work. Construct a flow chart on the whiteboard to record student responses.

Instruct students to copy down this flow chart into their workbooks.

Write the homework task on the whiteboard: research and summarise what enforceable undertaking is.

Ask students to write down the homework task into their student diary.

Dismiss the class.

LESSON CLOSE


Students will listen to the questions posed by the teacher and ‘buzz’ in if they know the answer. When the teacher calls out their team name they may respond with their answer.

Students will work collectively as a class to refine their knowledge of what to do if a workplace incident occurs to construct a logical sequence of steps that a layperson that has no knowledge of Workplace Health and Safety would be able to understand.

Once students have agreed on the logical sequence of steps, they will copy down the flow chart into their workbooks.

Students will copy the homework task into their student diary and raise any questions they may have about the homework task or lesson content to the teacher.

When instructed by the teacher, students will pack away their belongings, clear their area and leave the classroom in an orderly manner

Sequencing knowledge (Mid-continent Research for Education and Learning, 2010).

5 minutes

2 minutes

confidently and accurately respond to the questions posed by the teacher?

Are there one or more groups of students who struggled to receive points?Is every student contributing to the negotiations constructing the flow chart?Have students formulated a comprehensive and sequenced flow chart?Is every student copying the flow chart into their workbooks?

Do students have their student books out?Are students copying down the homework task into their student diary?

34





Year level: 12




Lesson: 21


Focus for lesson: compensation for injured workers



Analyse, select and apply employment law to a hypothetical legal scenario regarding compensation

Develop reasoned and appropriate responses to a hypothetical legal scenario regarding compensation

Understand the cause and effect relationship between actions and hazards (causes) and workplace injuries (effect)

Resources: Class roll Whiteboard Whiteboard markers Whiteboard erasers Teacher laptop Student laptops

35


Access to the internet Projector Projector screen 27 copies of Resource sheet 21.1 Teacher reflection journal



Teacher Students


‘T-Chart’ cause and effect (DEST, 2002).

Interpretation of visual images (QSA, 2007, p. 11)

5 minutes

13 minutes

Are the students listening to the explanation of the lesson focus and objectives?

Have students completed the set homework task from the previous lesson?

Are students listening to the instruction and explanation for the activity?

Can every student see the projector screen?Are students looking at the projector screen?

Are students able to identify the causes within the images?Are students able to accurately predict




Check student homework that was set in the previous lesson. Write down the names of any students who did not complete the homework task in the teacher reflection journal and inform those students that they must complete the homework task by the beginning of the next lesson.

On the whiteboard, draw a ‘T-Chart’ with the columns ‘cause’ and ‘effect’ (DEST, 2002).

Inform students that they are about to be shown numerous images on the projector screen. They are to view each image, will identify the unsafe or dangerous behaviour or hazard in each image and discuss the possible effects of that behaviour or hazard in a ‘T-Chart’ (DEST, 2002) of cause and effect.

On the PowerPoint and projector screen, cue the images and present one image to the students.

Prompt students to identify the cause and predict the possible effect.

Write the student responses onto the whiteboard ‘T-Chart’ (DEST, 2002).



Students will present their homework to the teacher when asked. Any student who has not completed the homework task will notify the teacher and will be required to complete the homework task by the beginning of the next lesson.

Students are to listen to the instructions for the following activity.

Students will view the images and identify the possible actions/behaviours or hazards in the images that are unsafe or dangerous. They will then predict the possible effects (resulting injury) of these causes.

36


Continue this process of showing an image and prompting students until all the images are shown.

Instruct students to copy down the ‘T-Chart’ (DEST, 2002) on the whiteboard into their workbooks.

Hand a copy of the hypothetical legal scenario activity sheet (Resource sheet 21.1) to every student.

Instruct students to read the activity sheet and to complete the task, using their student laptops and the internet to research appropriate legislation and websites.

During this activity, walk around the classroom to conference with students and check for understanding.

At the end of the allocated time for this activity, instruct students to return to their seats.


Dismiss the class.

LESSON CLOSE


Students will copy down the ‘T-Chart’ (DEST, 2002) on the whiteboard into their workbooks.

Students will listen to the instructions for the following activity.When explanation of the activity is finished, students will individually (although they may consult other students) access their laptop and the internet and research online to respond to the hypothetical legal scenario on the activity sheet.Students should raise any issues, questions or concerns they have about the lesson content or the current activity while the teacher is walking around the room and conferencing with students.

Students will reflect on lesson concepts.


Responding to a legal case method (QSA, 2007, p. 10).


Reflection of lesson and learning.

20 minutes

7 minutes

reasonable effects from the causes?Are all students attempting to identify the cause and effects?

Are students copying down the ‘T-Chart’ (DEST, 2002) into their workbooks?

Has every student received a copy of the activity sheet?Does every student understand the task?

Are students accessing appropriate legislation and websites?Are students writing their responses on the activity sheet?When conferencing with students, do they understand the lesson concepts?

Are students reflecting silently?

37





Year level: 12




Lesson: 22


Focus for lesson: applying and evaluating Workplace Health and Safety laws



Critically reflect on and draw conclusions as to the suitability of Workplace Health and Safety laws and their outcomes

Take a stance on an issue regarding Workplace Health and Safety laws

Recognise Workplace Health and Safety laws as relating to and affecting their own lives

Resources: Class roll 27 copies of Resource sheet 22.1 27 copies of Resource sheet 22.2 27 copies of Resource sheet 22.3 Teacher laptop Access to the internet

38


Projector Projector screen Teacher reflection journal



Teacher Students

Gauging students’ prior knowledge.

Audiovisual stimulus (QSA, 2007, p. 11).

Silent reading

5 minutes

10 minutes

Are all students listening to the explanation of the lesson focus and objectives?

Do students have some prior knowledge of the Australian Government’s home insulation scheme?Do students need to be given a basic background of the home insulation scheme?Does every student have a copy of the activity sheet?Is every student listening to the instructions for the activity?Can every student see the projector screen?

Can every student hear the audio of the video?Are students writing on their activity sheet while the video is playing?Are all students raising their hand in willingness to share their responses with the class?Have students appropriately answered the activity sheet questions?

Does every student have a copy of the newspaper article?




Gauge students’ prior knowledge and interest of the video that will be shown in the following activity by asking them what they know about the Australian Government’s home insulation scheme.

Hand out the activity sheet (Resource sheet 22.1) to every student.

Direct students’ attention to the projector screen and inform them that they are about to watch a video on the Australian Government’s home insulation scheme and should answer the questions on their activity sheet.

Play the video ‘Workers death prompts call to halt insulation scheme’ (Peacock, 2009) (available at http://www.abc.net.au/reslib/200911/r478921_2428048.asx).

Ask students to share their answers that they wrote on the activity sheet (Resource sheet 22.1).

Hand out to every student a copy of the newspaper article ‘School fined over asbestos find as deadly material discovered by accident at site’ (Hall, 2010) (Resource sheet 22.2).



Students should raise their hand and share with the class any knowledge they have regarding the Australian Government’s home insulation scheme.

Students should be listening to the teacher instructions for the following activity, read the questions on the activity sheet and draw their attention to the projector screen.

Students will silently watch the video and respond to the answers on the activity sheet during the playing of the video.

Students will raise their hand to share their responses.

Students will silently read the newspaper article.

39


Instruct students to silently read the newspaper article.

Once every student has finished reading the newspaper article ask the students the following questions and generate a class discussion:1. What was this article about?2. How would you feel if you were exposed to asbestos fibres while at school because of a breach of Workplace Health and Safety laws?3. Considering the video just watched and this newspaper article, do you think Workplace Health and Safety laws take a proactive approach to ensuring breaches do not occur or do Workplace Health and Safety laws appear to only affect a workplace once the damage is already done (e.g. a workplace is only recognised for its breaches of Workplace Health and Safety after a worker dies or after people may have been exposed to asbestos fibres)?

Hand to students a copy of the activity sheet on WorkCover Authority of NSW v Black Stump Restaurant (2000) 102 IR 40 (Resource sheet 22.3) (Woodgate et al., 2008, p. 170-171).

Instruct students to complete this activity independently.

Walk around the classroom to conference with students and check for understanding.

At the end of the allocated activity time, instruct the students to do a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

Dismiss the class.

LESSON CLOSE

Students will listen to the questions posed by the teacher and generate a class discussion in response to the questions.

Students will read the activity sheet and complete the questions.If students have any issues, concerns or questions about the activity or lesson content they should raise this with the teacher.

Students will reflect on lesson concepts by writing in their workbooks.


Interpretation of a newspaper article (QSA, 2010, p. 11).


Analysing a legal case (QSA, 2007, p. 10).

Teacher conferencing with students.

Student reflection on lesson and learning.

13 minutes

10 minutes

7 minutes

Are students reading silently?

Are students able to develop a stance and justify this stance?Are all students having their contributions to the class discussion valued?

Does every student have a copy of the legal case activity sheet?Are students listening to the instructions for this task?

Are students working independently on this activity sheet?Are students raising a lot of issues or questions to the teacher?Do students understand?

Are students writing their reflection into their workbooks?Are students reflecting silently?

40






Year level: 12




Lesson: 23


Focus for lesson: ‘Safety Sense’ (Queensland Department of Industrial Relations, 2008) general component and certificate and reflection of Workplace Health and Safety



Demonstrate knowledge of Workplace Health and Safety laws and processes in a variety of workplaces

Reflect on the importance and social purpose of Workplace Health and Safety laws in workplaces

Examine their own attitudes towards Workplace Health and Safety to determine if these attitudes have changed

Consider ways they could implement aspects of Workplace Health and Safety into their own lives in order to be an informed, active and competent citizen of society

Resources: Class roll Whiteboard

41


Whiteboard marker Whiteboard eraser Student laptops Access to the internet Printer Teacher reflection journal



Teacher Students

‘Safety Sense general component and certificate’ (Queensland Department of Industrial Relations, 2008).


Teacher conferencing and checking for understanding.

5minutes

20 minutes

Are students listening to the explanation of the lesson focus and objectives?

Can every student read the website address on the whiteboard?

Does every student have access to a laptop?Is every student on the correct website?

Are students reading through the information on the website?Are students completing the online test?Are there a lot of students unable to pass the test the first time?Has every student printed out their certificate and placed their certificate in their workbooks?




Write the ‘Safety Sense’ website address on the whiteboard (http://www.deir.qld.gov.au/workplace/pdfs/safetysense/index.htm).

Instruct students to open up their laptops, access the internet and to go to the ‘Safety Sense’ website (Queensland Department of Industrial Relations, 2008).

Inform students that they are to click on the ‘general component and certificate’ link and that they have 20 minutes to work their way through the information, complete the test at the end and print of their certificate.

Walk around the classroom while students are working through the ‘Safety Sense general component and certificate’ (Queensland Department of Industrial Relations, 2008), aiding students when needed.

Write on the whiteboard the following:A) Reflect on the importance of Workplace Health and Safety laws for individuals and societyB) Examine your own attitudes to Workplace Health and Safety before you learned about this topic and now after you have learned about Workplace Health and Safety.


When their name is called students should respond by saying ‘present’ or ‘here’.Students will listen to the teacher explain the lesson objectives and lesson content.

Students will open up their laptops and locate the ‘Safety Sense’ website from the web address provided by the teacher on the whiteboard.

Students will listen to the teacher instructions for this activity.

Students will progressively read through the Workplace Health and Safety information in the ‘Safety Sense general component’. Once they have read all of the information the website will prompt them to perform a test. Students will complete this test. If students pass the test, they will print out their certificate. Any student who does not pass their test the first time should raise their hand to have the teacher conference with them while they take the test a second time.

42


Have your attitudes changed? If so, why?C) Consider ways that you could implement aspects of Workplace Health and Safety into your own life in order to be an informed, active and competent citizen of society.

At the end of the allocated activity time, instruct students to close their laptops and to open up their workbooks.

Direct the students’ attention to the whiteboard questions and ask them to complete a silent reflection, answering those questions.

At the end of the allocated reflection time, ask students to move their chairs into a circular seating formation.

‘Round robin’ (DEST, 2002) with every student as to their reflection response.

Dismiss the class.

LESSON CLOSE


Students will put their printed safety certificates into their workbooks and close their laptops.

Students will be listening to the teacher explaining the reflection activity.Students will reflect on the questions on the whiteboard.

Students will move their chairs into a circular formation and sit down in this circle of seats with their reflection.

When it is their turn, students will share their reflection response with the rest of the class.


Student critical reflection.

‘Round Robin’ (DEST, 2002).

20 minutes

Has every student put their laptop away?Does every student have their workbooks open?Can every student read the questions on the whiteboard?Are students completing the reflection in silence?

Is every student seated in the circle?Is every student comfortable sharing their reflection?Are student reflections insightful?

43





Year level: 12




Lesson: 24


Focus for lesson: introduction to discrimination



Demonstrate knowledge and understanding of what discrimination is, what constitutes discrimination and discrimination legislation

Appropriately research and select relevant discrimination legislation in small groups

Expand their knowledge and use of legal terms relating to discrimination in employment

Resources: Class roll 6 sheets of ‘placemat’ (DEST, 2002) poster paper Blu-tac for student posters Whiteboard Whiteboard markers

44


Whiteboard eraser Student laptops Internet access Teacher reflection journal



Teacher Students

Small group work.

‘Placemat’ poster activity (DEST, 2002).

Student prepared posters displayed around the classroom (QSA, 2007, p.

5 minutes

10 minutes


Is every student in a group?Does every student understand the format of the ‘placemat’ poster?Does every student group have a ‘placemat’ poster?

Are students writing silently in their own section of the ‘placemat’ poster?

Is every student in each group discussing their opinion?Are the groups able to work together to construct a group understanding of what discrimination is?Have students written this group definition on the centre area of the poster?Does each student poster have ideas written on them?

Has every student group presented?Has every student poster been collected?




Instruct students to form groups of approximately 4 people and inform them that they are going to participate in a ‘placemat’ activity (DEST, 2002).

Hand out a piece of ‘placemat’ (DEST, 2002) poster paper to every group.

Ask the students to write in their own sections of the poster paper first, silently considering and writing down what they think discrimination is.

After students have considered their own personal opinion of what discrimination is ask each student group to discuss with the other members in their group what they wrote. In the middle of the ‘placemat’ (DEST, 2002) poster students will combine the answers of each individual in their group to create their group understanding of what discrimination is.

At the end of the allocated ‘placemat’ (DEST, 2002) activity time call on student groups to move to the front of the room and to present their posters and group response in the centre of the poster to the whole class.

After a group has presented, collect the poster (to be placed around the classroom).



Students will listen to the teacher instruction for the following ‘placemat’ activity (DEST, 2002).

Students will form groups of approximately 4 people.

Once each group receives their ‘placemat’ poster (DEST, 2002) they should begin to work silently on their own section of the poster, writing down their ideas as to what discrimination is.

When instructed by the teacher, the students in each group will share their personal responses and as a whole group will construct a group response in the centre of their poster as to what discrimination is.

When asked by the teacher, student groups will move to the front of the classroom and present their group response (in the centre of their poster).

After presenting, student groups will give their poster to the teacher and shall move back to their desks and listen

45


Ask the students to create a class definition of discrimination. Scribe the students’ definition onto the whiteboard.

Instruct students to copy down the class definition of discrimination into their workbooks.

‘Brainstorm’ (DEST, 2002) with students as to attributes that people are often discriminated against and examples of discrimination in current affairs.

‘Concept map’ (DEST, 2002) student responses to the ‘brainstorm’ (DEST, 2002) on the whiteboard.

Instruct students to form small groups of 3-4 people.When students have formed their groups allocate each group a common attribute that people are discriminated against for (e.g. race, sex, religion, age, disability and pregnancy).

Instruct students that in their groups they are to research online to identify the relevant Commonwealth and Queensland legislation relating to discrimination against that attribute and what the Queensland legislation says about discrimination on that attribute.

Student groups will select a scribe to write their findings on the whiteboard once they have completed researching their attribute.

At the end of the allocated research time, instruct student groups who have not already written their findings onto the whiteboard to select a scribe to write the findings on the whiteboard.

Instruct all students to copy down the student group findings for each attribute into their workbooks.

Instruct the students to do a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and

to other groups present.

Students will engage in a class negotiation as to create a class definition/understanding of discrimination.

Students will copy down their formulated definition of discrimination into their workbooks.

Students will consider different kinds of attributes that people are commonly discriminated against and will raise their hand to suggest attributes.

Students will form small groups of 3-4 people. Once students have formed their groups they should listen to the teacher’s instruction for the following activity and take notice of the attribute that is allocated to them.

Students will open up their laptops and access appropriate legal websites (e.g. Human Rights and Equal Opportunities Commission and the Anti-Discrimination Commission Queensland) and databases to identify what anti-discrimination legislation covers the attribute they were given and what the law is regarding that attribute.When students have finished researching their attribute they should select one scribe from the group to move to whiteboard and write their findings on the whiteboard.

Students will copy down the group findings that are presented on the whiteboard.

Students will reflect silently and independently on the lesson content and learning.

11).

Class negotiation.

‘Brainstorm’ (DEST, 2002).

‘Concept map’ (DEST, 2002).

Small group work.



4 minutes

4 minutes

15 minutes

7 minutes

Are all students participating in the class negotiation?Are student ideas and opinions being respected during negotiation?Is every student writing down the class definition into their workbooks?

Is every student raising their hand to offer suggestions of attributes?Have students presented examples of discrimination in current affairs that could be explored in later lessons?

Is every student in a group?Are students listening to the instructions for the following activity?Is each group aware of what attribute they have been allocated?

Are students on their laptops?Have students accessed appropriate legal websites and databases?

Has a scribe from every group presented the group findings on the whiteboard?Has each scribe presented their group findings legibly?

Is every student copying down the group findings into their workbooks?

Are students silently and independently reflecting on the lesson content and learning?

46


identify one thing that was confusing and try to clear it up.

Dismiss the class.

LESSON CLOSE



47





Year level: 12




Lesson: 25


Focus for lesson: sexual harassment in the workplace



Demonstrate knowledge and understanding of sexual harassment

Identify certain behaviours as sexual harassment in the workplace

Take a stance on a legal issue regarding sexual harassment and justify this stance

Resources: Class roll 27 copies of Resource sheet 25.1 27 copies of Resource sheet 25.2

48


Teacher laptop Access to the internet Projector Projector screen Teacher reflection journal



Teacher Students

Guided reading.

Comprehension level questioning of text – three level reading (DEST, 2002).

Analysing statistics and data (QSA, 2007, p. 11).


5 minutes

12 minutes

12 minutes


Does every student have a copy of the resource sheet?

Are all students following along with the text as it is being read?

Are students able to answer the comprehension questions about the text set by the teacher?Have students absorbed the information from the text enough to be able to recall the information?Are students able to infer for the statistics and graphs, trends regarding sexual harassment in the workplace?

Are students listening to the explanation for the following activity?Can every student see the projector screen and scenarios?Are students able to identify the inappropriate behaviour/actions in each scenario?Do students take a stance on whether




Hand out to every student a copy of the ‘Sexual Harassment’ resource sheet (Resource sheet 25.1) (Australian Human Rights Commission, 2004).

Conduct a guided reading of the ‘Sexual Harassment’ resource sheet (Resource sheet 25.1).

Ask students comprehension questions about the ‘Sexual Harassment’ resource sheet to gauge their understanding of the topic:1. What legislation deals with sexual harassment?2. What forms does sexual harassment present itself in?3. What is the legal test for proving sexual harassment?4. Analysing the statistics on the resource sheet, what do they suggest about sexual harassment in the workplace?

Inform students that scenarios will be presented to the class on the projector screen. Select a student to read the scenario aloud and then ask the whole class whether they believe the actions/behaviour in that constitute sexual harassment. Require students to justify their opinion, recalling the legal information regarding sexual harassment they just read from resource sheet 25.1.Continue this process for the remaining scenarios.



Students will follow along with the text as it is read aloud. If called upon by the teacher, students will read a section of the text aloud.

Students will respond to the questions posed by the teacher to demonstrate their comprehension of the resource sheet and demonstrate an ability to analyse data and statistics on sexual harassment in the workplace.

Students will listen to the instructions for the following task and focus their attention onto the projector screen.The student selected by the teacher to read the scenario should read the scenario aloud to the whole class.Students should consider the actions and behaviours in each scenario and decide whether the actions or behaviour could be deemed as sexual harassment.Students should not only present their answer but also

49


Hand out a copy of the activity sheet on the news report ‘David Jones’ $35 million suit’ (Network Ten, 2010) (Resource sheet 25.2).

Direct the students’ attention to the projector screen and inform them that they are to complete the activity sheet while they are watching this video segment.

Play the video ‘David Jones’ $35 million suit’ (Network Ten, 2010) (available at http://www.youtube.com/watch?v=d3alvcDFuOc).

After the video, ask for students to share their activity sheet responses with the rest of the class.


Dismiss the class.

LESSON CLOSE


explain their answer.

Students will listen to the instructions for the next activity and read through the questions on the activity sheet before the video begins playing.

Student attention should then be focused on the projector screen and all students should be watching the video.

During the screening of the video, students should answer the questions on the activity sheet.Students will raise their hand to respond with the answers that they wrote on the activity sheet.




9 mins

7 minutes

the actions/behaviour constitutes sexual harassment?Are students able to justify their answer?Does every student have a copy of the activity sheet?Are students listening to the instructions for the following activity?Is the students’ attention on the projector screen?Are students writing on their activity sheets during the screening of the video?Have students developed appropriate and reasoned answers to the questions on the activity sheet?Are students reflecting in silence and independently?

50





Year level: 12




Lesson: 26


Focus for lesson: adverse action and exemptions to discrimination



Demonstrate knowledge and understanding of adverse actions and exemptions to discrimination

Critically reflect on the law’s attempt to achieve just, fair and equitable outcomes for both the employer and employee through exemptions to discrimination

Demonstrate the ability to appropriately research anti-discrimination law

Form an opinion on exemptions to discrimination and justify this opinion.

Resources: Class roll Whiteboard Whiteboard markers

51


Whiteboard eraser Student laptops Access to internet Teacher reflection journal



Teacher Students


5 minutes

5 minutes

10 minutes


Are student copying down the explanation of adverse action into their workbooks?

Are students listening to the explanation of the following activity?

Does every student have their laptop?

Are students accessing appropriate website and legal databases for research?

Are students on task?




On the whiteboard, write:Adverse Action – The following are all examples of adverse action when taken because of an attribute:

dismissing an employee damaging an employee’s ability to do their job changing an employee’s job to their

disadvantage treating one employee differently from other

employees refusing to employ a potential employee not offering a potential employee all the terms

and conditions normally in a job(Fair Work Australia, 2010).

Instruct students to copy down this information on adverse action into their workbooks.

Instruct students to open up their laptops and independently research online to identify the exemptions to discrimination.

Once the allocated time for students to research exemption to discrimination online, instruct students to close their laptops.



Students will be copying down this information on adverse action into their workbooks as the teacher writes this on the whiteboard.

Students will open up their laptops and research online through relevant legislation, websites and legal databases to discover what the exemptions to discrimination are. They will write down the exemptions to discrimination in their workbooks, including an explanation/summary of the exemption and the legislation title and section that exemption can be found in.

52


Ask for students to present their research findings to the class by identifying the exemptions for discrimination, including the legislation and section that this exemption is found in.

On the whiteboard, draw a two-column table for the following ‘T-Chart’ (DEST, 2002) analysis of the strengths and weaknesses of having exemptions to discrimination.

Prompt students to discuss and identify strengths of having exemptions to discrimination and weaknesses of having exemptions to discrimination.

Write student responses into the ‘T-Chart’ (DEST, 2002) on the whiteboard.

Pose the question to students whether they think exemptions for discrimination should exist.Initiate a whole class discussion (QSA, 2007, p. 10) based on that question.


Dismiss the class.

LESSON CLOSE


Students will raise their hand to present their findings to the teacher and class.

Students will consider themselves, employees, employers, stakeholders and the wider society to identify the strengths and weaknesses of having exemptions to discrimination.Students will raise their hand to suggest strengths and/or weaknesses.Students will engage in a whole class discussion to answer the question posed by the teacher. They will form a stance on the question, participate in the class discussion and justify their opinion.



‘T-Chart’ analysis of strengths and weaknesses (DEST, 2002).



8 minutes

10 minutes

7 minutes

Are all students able to identify exemptions and their location in legislation?Has every exemption been identified?Are students able to explain/summarise each exemption?

Are all students raising their hand to suggest strengths and weaknesses?Are students considering the strengths and weakness for all parties?

Are all students attempting to participate in the class discussion?Do some quieter students need to be encouraged to express their opinion?Are students able to form an opinion on this question?Are students able to justify their opinion?

Are students completing their reflection of the lesson and learning in silence and independently?Are students writing their reflection into their workbooks?

53





Year level: 12




Lesson: 27


Focus for lesson: reporting discrimination and conciliation.



Demonstrate their ability to appropriately research and organise knowledge of the process of reporting discrimination in the workplace

Understand the process of conciliation in dealing with workplace discrimination

Critically reflect on the ability of conciliation to achieve just, fair and equitable outcomes for issues of workplace discrimination

54


Resources: Class roll Student laptops Teacher laptop Access to internet Projector Projector screen 27 copies of Resource sheet 27.1 Teacher reflection journal



Teacher Students


‘Flow chart/graphic organiser’ (DEST, 2002).

Prioritising/logical sequencing (Mid-continent Research for Education and Learning, 2010).

Conferencing and checking for students’ understanding.

5 minutes

10 minutes

Are all students listening to the explanation of the lesson focus and objectives?Does every student have their laptop?Are all students listening to the teacher instructions for the research activity?Are students accessing appropriate websites for research?Are students finding the information they need about the process of reporting discrimination?Are students able to organise the information they find into a logical sequence of steps/graphic organiser?

Does every student have a copy of the activity sheet for the video?

Can every student see the projector screen?




Instruct students to open up their laptops and research the Fair Work Ombudsman website and Anti-Discrimination Commission Queensland website to learn the process of reporting discrimination in the workplace.

Instruct students to organise this information into a ‘flow chart/graphic organiser’ (DEST, 2002) depicting the logical sequence of reporting discrimination in the workplace, from the initial reporting to the possible conclusions (e.g. tribunal, conciliation, etc.).

Walk around the classroom during this activity time to conference with students and check for understanding.

At the end of the research activity time, hand out to every student a copy of the activity sheet for the video ‘Working it through; a guide to the ADCQ conciliation conference’ (Anti-Discrimination Commission Queensland, 2004) (available at http://www.adcq.qld.gov.au/main/complaints_inclvideo.html) (Resource sheet



Students will listen to the instructions for the following activity.Students will open up their laptops and research the appropriate websites to learn the process of reporting discrimination in the workplace.

With the information they obtain from online research, students will organise this information into a ‘flow chart/graphic organiser’ (DEST, 2002) into their workbooks.

If students have any questions about the activity or are struggling to find the information then they should discuss this with the teacher as the teacher walks around the room and approaches students.

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27.1).

Draw the students’ attention to the projector screen and instruct the students that they are about to watch a video on the process of conciliation through the Anti-Discrimination Commission Queensland. Instruct students to answer the questions on their activity sheet as they are viewing the video.

Play the video Working it through; a guide to the ADCQ conciliation conference’ (Anti-Discrimination Commission Queensland, 2004).

Once the video is over, instruct students to get into groups of 3 for the following role-play activity.

Once students are in groups of 3, hand out the role-play activity sheet to every student (Resource sheet 27.2).

Instruct students to read the instructions on the activity sheet and to raise their hand if they have any questions regarding the activity.

While students are completing the role-play activity, walk around the classroom, conferencing with groups to check for their understanding of the task and if they are progressing through the appropriate steps of a conciliation conference.

At the end of the allocated role-play activity time, instruct students to return to their desk and complete a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

Dismiss the class.

Students will be listening to the instructions for the following activity. They should read the questions on the activity sheet before the video starts playing so that they are aware of what information they need to find and record.

Students will watch the video.While the video is playing students should record the answers to the questions on the activity sheet.

Students will form groups of 3.

When they receive the role-play activity sheet, students should read through the instructions for the role-play, allocate who in the group will be the conciliator, who will be the complainant and who will be the respondent.Students will then engage in a role-play of a conciliation conference using the hypothetical scenario provided on the role-play activity sheet.Students will work through the steps in a conciliation conference until the stage where an agreement is reached, drafted and both the student complainant and student respondent sign the agreement.



Responding to a video (QSA, 2007, p. 11).

Small group work.

Role-play (QSA, 2007, p. 10).


7 minutes

16 minutes

7 minutes

Are all the students listening to the instructions for the viewing of the video?Are students reviewing the questions on the activity sheet before the video starts?Does every student have their attention on the video?

Are students writing answers on their activity sheet while the video is playing?Do students need the video played again or time after the video to finish answering the questions?Is every student in a group?

Does every student have a copy of the role-play activity sheet?

Are students reading the instructions on the role-play activity sheet?Do students understand how to perform the role-play of the conciliation conference?Are students on task and performing the role-play?Are students progressing through the appropriate steps of a conciliation conference?Has every group reached an agreement in the conciliation conference?


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LESSON CLOSE





Year level: 12




Lesson: 28


Focus for lesson: practice identifying, applying and evaluating cases of discrimination



Recall specific knowledge about anti-discrimination laws and apply this law to a case

Utilise appropriate research methods to find a relevant legal case

Extract information from a legal case for a PowerPoint and oral presentation

Critically reflect on the outcomes of legal cases regarding discrimination, including the social implications of this outcome

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Resources: Class roll Whiteboard Whiteboard markers Whiteboard eraser 27 copies of Resource sheet 28.1 Student laptops Access to the internet Projector Projector screen Teacher reflection journal



Teacher Students

‘ILAC’ analysis approach.

Reading and interpreting newspaper articles (QSA, 2007, p. 11).

5 minutes

10 minutes

Are all students listening to the explanation of the lesson focus and objectives?

Do students recall their prior use of the ‘ILAC’ method in this unit?

Has every student received a copy of the newspaper article?Are students reading the newspaper article?

While conferencing with students, is it evident that students are responding to this article in the ‘ILAC’ method?

Are students able to identify the legal issues in the article?




On the whiteboard write the following:IssuesLawApplyConclusion

Hand out to every student a copy of the newspaper article ‘Printing company Wongtas allegedly discriminated against worker Jiongqui Ye’ (News.com.au, 2010) (Resource sheet 28.1) (N.B. This newspaper article has been slightly adapted to suit the classroom activity).

Instruct students to read this article and to then apply the ‘ILAC’ method to the article.

During this activity, walk around the classroom to



Students should recall their prior knowledge and use of the ‘ILAC’ analysis approach.

Once students have received the newspaper article, they should read this article and apply the ‘ILAC’ analysis approach to the facts of the case, identifying the legal issues in the article, identifying the relevant law, applying the law to the issues and providing conclusions.

If students have any questions regarding the activity they should conference with the teacher.

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conference with students and check for understanding.

Once the allocated time for the activity has concluded, ask for students to inform the teacher of their response and write these responses on the whiteboard under the appropriate heading of either ‘I’, ‘L’, ‘A’ or ‘C’.

Instruct the students to form small groups of 3 or 4 people and inform them that for the next activity they will research online to find a recent legal case regarding workplace discrimination and will extract the following information from the legal case: the name of the case, what court the case was heard in, the facts of the case including the type of discrimination, the legislation that was allegedly breached, the outcome of the case and whether they believe the outcome of the case was just and fair including the social implications of this outcome.Inform students that they will present this information in a 2-3 slide PowerPoint presentation.

During this activity, walk around the classroom to conference with student groups, check for their understanding of the task and check for group progress of the task.

At the end of the allocated activity time, call on student groups to move to the front of the room and present their PowerPoint presentation.

After all of the student groups have presented, instruct students to return to their desk and complete a ‘5 minute pause’ (adapted from Mid-continent Research for Education and Learning, 2010; DEST, 2002) and write in their student journals: summarise what they have learned, identify one thing their already knew and one thing that was new to them, describe something that they found interesting and identify one thing that was confusing and try to clear it up.

Dismiss the class.

Students will raise their hand to inform the teacher of the responses they gave for each section of the ‘ILAC’ approach in response to the newspaper article.

Students will form groups of 3 people and will listen to the teacher instruction for the following activity.Students will open up their laptops, access the internet and as a whole group, research appropriate website and legal databases to find a case that is recent (within the past 10 years) and that interests them.Students will then work as a group to extract the required information about the case and will format this information into a PowerPoint presentation consisting of no more than 3 slides (bullet points for the slides are recommended).

When instructed by the teacher, student groups will move to the front of the classroom, plug their laptop into the projector and present their PowerPoint presentation on their selected case.Each student in the group should have a turn at presenting in front of the class.



Small group work.

Explicit instructions for the activity.


Teacher conferencing and checking for understanding.

PowerPoint and oral presentation.


23 minutes

7 minutes

Are students able to recall the relevant legislation?Are students able to apply this legislation to the article?Have students proposed an informed conclusion?

Is every student in a group?Does every student group have access to at least one laptop?Are students researching appropriate website and legal databases online?Has every student group chosen a recent case?Are the cases that students have chosen relevant to workplace discrimination?Are students translating the information they have extracted about the case into a PowerPoint presentation?

Are students on task?

Does every student group have a completed PowerPoint presentation?Is every student in each group being given the opportunity to present?


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LESSON CLOSE





Year level: 12




Lesson: 29


Focus for lesson: recognising workplace discrimination as a societal issue and raising local community awareness of workplace discrimination



Explain and critically reflect on the social purpose and importance of laws that protect people from discrimination in the workplace

Participate as an active, informed and competent citizen in society by raising awareness of workplace discrimination to members of the school community

Resources: Class roll Teacher laptop Projector

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Projector screen Teacher reflection journal



Teacher Students


Critical reflection.

Higher-order thinking.

Relating knowledge to the students’ life in society.

5 minutes

15 minutes

25 minutes

Are all students listening to the explanation of the lesson focus and objectives?Do all students understand the topics being discussed?Are all students comfortable sharing their opinions in a whole class discussion?Are some students dominating the class discussion?Are students able to formed opinions about the topics?Are students able to justify their responses?Are students able to build upon other student’s responses?

Are students listening to the instruction for the following activity?




Initiate and facilitate a class discussion on the social purpose and importance of anti-discrimination laws for the workplace AND the importance of being an informed worker and knowing the laws.

Try to encourage students to not only present their opinion but to also justify their opinion (i.e. encourage deeper reflection and higher-order thinking).

Once the allocated time for the class discussion has elapsed inform the students that as a whole class they are going to construct a one-page information summary on discrimination and jobs that will be submitted and published into the next school newsletter.

Sub-headings for the information summary could include:A) Definition of discriminationB)The different types of discriminationC) Relevant legislationD) What to do if you’re discriminated againstE) Explanation of why this information is important to know.



Students will consider the topic posed by the teacher and participate in a class discussion on the social purpose and importance of anti-discrimination laws for the workplace AND the importance of being an informed worker and knowing your rights. Students will engage in higher-order thinking and critical reflection.Students will build off discussed ideas from other students to develop their opinions.

Students will be listening to the teacher instruction for the following activity.

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The teacher will act as a guide and scribe for the class negotiation of what will be included in each section of the information summary.

As students agree and propose on information, write this into a Microsoft Word document on the teacher laptop that will be connected to the projector screen so that students can also see what is being typed.

Once students have completed each section of the information summary, save the Microsoft Word document for submission to the school newsletter.

Dismiss the class.

LESSON CLOSE


Students will work as a whole class to recall all the knowledge they have learned about discrimination in the workplace and will manipulate the recall of this information into a logical, sequenced and presentable format.


Whole class negotiation.

Recalling, manipulating and logically sequencing and presenting knowledge.

Are students negotiating as a whole class?Is every student having their contribution valued?Are students able to recall knowledge of discrimination laws in sufficient depth?Are students able to structure their knowledge into a presentable format?

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63


ST. MATTHIAS COLLEGE

Year 12 Legal Studies Semester 4, 2010

Jobs and the Law

ASSESSMENT ITEM NO. 10

NAME: ______________________DATE: _______________________TEACHER: __________________

ASSESSMENT: Unseen essay - extended response to a question and stimulus materials

ASSESSMENT STATUS: ALL Summative

ASSESSMENT TOPIC: Workplace Health and Safety Laws

CONDITIONS: Unseen supervised exam (no notes permitted)10 minutes perusal time (students may write during this time)90 minutes working time600-800+ words

CRITERIA ASSESSED: Knowledge and UnderstandingInvestigationEvaluationCommunication and Research Skills

CRITERIA:Refer to attached criteria sheet.

Knowledge and Understanding

Investigation Evaluation Communication and Research Skills

TEACHER COMMENTS: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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65


ST. MATTHIAS COLLEGE YEAR 12 LEGAL STUDIES UNSEEN ESSAY

Name: ______________________ Date: ___________________ Teacher: ___________________

Criterion A B C D EKnowledge and Understanding:

Identify the current and relevant WHS Queensland legislation

Identify the different types of internal and external investigators of WHS

Explain the roles, rights and responsibilities of internal and external investigators of WHS

The student work has the following characteristics:

Accurate identification of the current and main WHS legislation as well as accurately identifying

an extensive number of supporting WHS legislation

Accurate identification of all the different types of WHS internal

and external investigators

Thorough explanation of the roles, rights and responsibilities of internal and external WHS

investigators


Accurate identification of the current and main WHS legislation as well as identifying a significant

number of supporting WHS legislation

Mostly accurate identification of all of the different types of WHS internal and external investigators

Significant explanation of the roles, rights and responsibilities of internal and external WHS

investigators


Accurate identification of the current and main WHS legislation

Mostly accurate identification of some of the different types of

WHS internal and external investigators

Explanation of the roles, rights and responsibilities of internal

and external WHS investigators


Inaccurate identification of current and main WHS

legislation

Inaccurate identification of all of the different types of WHS

internal and external investigators

Explanation of some of the roles, rights and responsibilities of internal and external WHS

investigators


No identification of any WHS legislation

No identification of any of the different types of WHS

internal and external investigators

Rudimentary explanation of some of the roles, rights

and responsibilities of some types of internal and external WHS investigators

Investigation:

Analyse the stimulus materials to identify how effective current processes of internal and external investigations are


Analysis of the stimulus materials in significant detail

Wide range of relevant responses as to the effectiveness or ineffectiveness of current

processes of internal and external investigations in response to

analysis of the stimulus


Analysis of the stimulus materials in considerable detail

Range of relevant responses as to the effectiveness or

ineffectiveness of current processes of internal and external

investigations in response to analysis of the stimulus


Some analysis of the stimulus materials

Some relevant responses as to the effectiveness or ineffectiveness of current processes of internal and

external investigations in response to analysis of the

stimulus


Narrow analysis of the stimulus materials

Some relevant responses as to the effectiveness or

ineffectiveness of current processes of internal and external investigations in response to analysis of the

stimulus although these responses were not always clear


No analysis of the stimulus materials

Minimal and not always relevant responses as to

the effectiveness or ineffectiveness of current processes of internal and external investigations

Evaluation: The student work has the following characteristics:





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Draw conclusions as to why breaches of WHS laws regularly occur

Evaluate the social and legal impact that sustained workplace injuries and death have on Australian society

Propose suggestions as to how WHS laws could be improved

Detailed, convincing and valid conclusions as to why breaches of

WHS laws regularly occur

Comprehensive and well-informed evaluation of the social and legal impact that sustained

workplace injuries and death have on Australian society

Wide range of highly appropriate suggestions as to how WHS laws

could be improved

Valid and convincing conclusions as to why breaches of

WHS laws regularly occur

Well-informed evaluation of the social and legal impact that

sustained workplace injuries and death have on Australian society

Substantial range of appropriate suggestions as to how WHS laws

could be improved

Some valid conclusions as to why breaches of WHS law regularly

occur

Informed evaluation of the social and legal impact that sustained

workplace injuries and death have on Australian society

Adequate range of appropriate suggestions as to how WHS laws

could be improved

Attempts to make some conclusions as to why breaches of WHS laws regularly occur

Attempts to evaluate some aspects of the social and legal

impact that sustained workplace injuries and death have on

Australian society which may be unclear at times

Proposes some suggestions as to how WHS laws could be

improved

Attempts to make some conclusions as to why breaches of WHS laws

regularly occur with very limited success

Limited or no attempt to evaluate some aspects of

the social and legal impact that sustained workplace

injuries and death have on Australian society which is

often unclear

Proposes very few or no suggestions as to how WHS laws could be

improvedCommunication and Research Skills:

Organise and present information effectively in an appropriate essay format

Use correct grammar, spelling and punctuation

Select and integrate stimulus materials into the extended response


Clear, concise and fluent organisation and presentation of

response in the correct format for an essay

Response is free from grammar, spelling or punctuation errors

Comprehensive selection of stimulus materials with highly effective integration into the

response


Clear and concise organisation and presentation of response in the correct format for an essay

Response has some errors of grammar, spelling or punctuation

Substantial selection of stimulus materials with effective

integration into the response


Some clarity of organisation and presentation of response in a

mostly correct format for an essay

Response has some errors of grammar, spelling or punctuation

Adequate selection of stimulus materials with mostly effective

integration into the response


Presentation of response with limited organisation and a

mostly incorrect format for an essay

Response has some errors of grammar, spelling or

punctuation, including major errors

Some selection of stimulus materials with mostly

ineffective integration into the response


Presentation of some information with no

organisation of ideas and an incorrect format for an

essay

Response has frequent errors of grammar, spelling or punctuation, including

major errors

No selection or integration of any stimulus materials

into the response

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Jobs and the LawTASK: Read the following stimulus materials and respond to the question in an essay format.

STIMULUS MATERIALS:

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Worker crushed at building site on Albert Street, Brisbane, remains in a critical condition in intensive care

Jorja Orreal 25th August, 2010

A BRISBANE subcontractor remains in a critical condition in intensive care with severe head and chest injuries after being crushed at a Brisbane work site this morning.

Builders Labourers Federation industrial organiser Kevin Crank said Braden Webber, believed to be 20, was seriously injured at the Laing O'Rourke corner of Albert and Charlotte Streets just before 7am. He said he believed Mr Webber "died" at the scene, but was revived by Queensland Ambulance Service paramedics and rushed to the Royal Brisbane and Women's Hospital.

BLF official Kane Pearson said initial investigations indicated Mr Webber had been crushed between an elevated working platform and a concrete beam on the roof. “No one saw the accident,’' he said. “There's been numerous safety issues in the last 18 months, including many objects falling... even onto the road. The union has been battling with Laing O'Rourke for nearly two years and this incident is just the latest drama.”

An emergency services spokesperson said Mr Webber had “severe head and chest injuries” and an RBWH spokesperson said he remained in a “critical condition” in intensive care.

A Laing O'Rourke spokesperson said investigations into the incident were underway. “It's believed the man was hurt while operating a piece of lift equipment,” she said. “The cladding worker was provided emergency first aid on site by Laing O'Rourke staff before being taken to RBWH by ambulance. It is understood he has been placed in an induced coma. “Workers are being offered counselling and other support, and a de-brief has been conducted with around 300 workers and union representatives.”

The Laing O'Rourke spokesperson said the cause of the accident was not yet known. “Authorities have attended the site and Laing O'Rourke is cooperating fully with inquiries... a separate internal investigation is also underway,” she said. “Laing O'Rourke has a strong safety record and the protection of our workers is the company's top priority.”

The site was closed from 11am, but workers are expected to recommence work tomorrow.

Orreal, J. (2010, August 25). Worker crushed at building site on Albert Street, Brisbane, remains in a critical condition in intensive care. The Courier-Mail. Retrieved September 7, 2010, from http://www.couriermail.com.au/news/queensland/worker-crushed-at-building-site-on-albert-street-brisbane/story-e6freoof-1225909771132.


STATISTICS:

Every year it is estimated that 8,000 Australians die from a work-related injury or illness – more than four times the annual road toll (Australian Council of Trade Unions, 2009).

In 2006–07, there were 134 105 workers’ compensation claims for serious work-related injuries or illnesses (i.e. death, a permanent incapacity or a temporary incapacity requiring an absence from work of one working week or more). This equates to an incidence rate of 14.1 serious claims per 1000 employees (Safe Work Australia, 2010).

Preliminary data for 2007–08 show there were 131 110 serious workers’ compensation claims (i.e. death, a permanent incapacity or a temporary incapacity requiring an absence from work of one working week or more), which equates to 13.5 serious claims per 1000 employees. The indications are that there has been an improvement from the previous year (Safe Work Australia, 2010).

Male employees experienced twice the rate of serious injury or disease compared with female employees (Safe Work Australia, 2010).

The highest incidence rates were recorded by labourers & related workers, nearly three times the rate for all occupations (Safe Work Australia, 2010).

A typical serious workers’ compensation claim involves nearly four weeks absence from work (Safe Work Australia, 2010).

Around one-quarter of serious claims require 12 or more weeks off work (Safe Work Australia, 2010).

The Australian Bureau of Statistics ‘Work Related Injury Survey’ showed 64 out of every 1000 workers experienced an injury or illness in the workplace in 2005–06. However, half of these incidents involved less than one day or one shift absent from work (Safe Work Australia, 2010).

In 2010, around one in every fifteen Australian workers will suffer a work-related injury or disease with 200,000 people affected seriously enough to take five or more days off work (Australian Council of Trade Unions, 2009).

Work related injury and illnesses were estimated to cost $57.5 billion in the 2005–06 financial year. This represented 5.9% of GDP. Half this cost is borne by workers and their families and the remaining half by the community (Safe Work Australia, 2010).

Every 2-3 minutes someone will be injured seriously enough to lodge a workers’ compensation claim (Australian Council of Trade Unions, 2009).

Australian Council of Trade Unions. (2009). Don’t Risk 2nd Rate Safety. Retrieved September 7, 2010, from http://www.actu.org.au/Images/Dynamic/Attachments/6063/OHS%20Brochure.pdf.

Safe Work Australia. (2010). Key Work Health and Safety Statistics. Retrieved September 7, 2010, from http://www.safeworkaustralia.gov.au/NR/rdonlyres/75DC1241-76F2-4737-90F8-B75D3A2A78A7/0/Key_work_health_safety_statistics_2010.pdf.

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QUESTION:

Despite the existence of Workplace Health and Safety laws, breaches of these laws and workplace injuries and death still regularly occur to employees while they are working. Considering this, do the current Workplace Health and Safety processes of investigation

and means of ensuring workplace compliance adequately protect people in the workplace?

In responding to this question, use the stimulus material and relevant laws* to address the following areas in essay format.

Identify the current and relevant Workplace Health and Safety main body of legislation in Queensland and the different types of internal and external investigators of Workplace Health and Safety in workplaces.

Explain the roles and responsibilities of the internal and external investigators of Workplace Health and Safety in workplaces.

Analyse the stimulus materials to identify how effective the current processes of internal and external investigations are at minimising injuries in the workplace and ensuring compliance to Workplace Health and Safety laws.

Draw conclusions as to why breaches of Workplace Health and Safety laws, injuries and death still occur regularly to Australian workers while in the workplace.

Evaluate the social and legal impact that workplace injuries and death have on Australian society.

Propose suggestions as to how these laws could be improved to reduce workplace injuries and deaths.

* Nationally harmonised Workplace Health and Safety laws are not being completed and implemented in Australia until December, 2011. Where you are asked to draw on your knowledge of relevant Workplace Health and Safety laws, refer only to the relevant Queensland laws.

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SUGGESTED RESPONSE:

Introduction

Workplace Health and Safety is an important area of law concerned with protecting the health and safety of all people who enter a workplace, regardless of whether they are visitors or employees.

The aim of Workplace Health and Safety laws is to foster and maintain a consistently safe working environment, free from hazards which may cause injury, illness or even death to a person.

Some types of injuries that can occur to people in workplaces due to breaches of Workplace Health and Safety laws include slips, falling from heights, cuts or lacerations, damage to a person’s senses, diseases, burns, loss of limbs and even death.

Despite the existence of Workplace Health and Safety Laws, breaches of these laws and workplace injuries and death still regularly occur to employees while they are working.

In light of this, this essay will argue that the current Queensland Workplace Health and Safety processes of investigations and means of ensuring workplace compliance do not adequately protect people in the workplace (students will suggest an argument in support or opposition of the exam question).

This essay will argue this by identifying the current legislation in Queensland that guides Workplace Health and Safety, identifying and explaining the roles and responsibilities of the different types of investigators of Workplace Health and Safety, analysing the stimulus materials to determine the effectiveness of the current processes of Workplace Health and Safety investigations, evaluate the social and legal impact that workplace injuries have on Australian society, drawing conclusions as to why breaches of Workplace Health and Safety still occur and proposing suggestions as to how these laws could be improved to minimise workplace injuries and death.

First paragraph (identify the current and relevant Workplace Health and Safety legislation)

Nationally harmonised Workplace Health and Safety laws are not being completed and implemented in Australia until December, 2011. As such, Workplace Health and Safety is currently guided by individual State and Territory legislation.

The current main body of legislation that guides Workplace Health and Safety rules and regulations in Queensland workplaces is the Workplace Health and Safety Act 1995 (Qld).

Other relevant Queensland legislation includes: Workplace Health and Safety Regulation 2008 (Qld), Dangerous Goods Safety Management Act 2001 (Qld), Dangerous Goods Safety Management Regulation 2001 (Qld), Workers’ Compensation and Rehabilitation Act 2003 (Qld) and industry specific codes of practice.

Second paragraph (identify and explain the roles and responsibilities of the different types of internal and external investigators of Workplace Health and Safety)

There are two distinctions of Workplace Health and Safety investigators; internal investigators and external investigators.

The appointment of internal investigators encourages employers to perform their own investigations into incidents and self-manage their Workplace Health and Safety.

The different types of internal investigators include Workplace Health and Safety Officers, Workplace Health and Safety Representatives and Workplace Health and Safety Committees.

Workplace Health and Safety Officers are required in any workplace with 30 employees or more and are appointed by their employer. They must advise the employer on health and safety issues, implement health and safety related initiatives, help with the functioning of the Workplace Health and Safety Committee, conduct a workplace assessment at least once every twelve months and submit the results of the assessment and recommendations for improving safety to their employer within thirty days after the assessment.

A Workplace Health and Safety Representative may be requested by and elected by other workers. They are entitled to undertake workplace inspections, report hazards, review incidents, issue provisional employment notices (if they have completed the approved training), make recommendations for improving workplace safety and notify a Workplace Health and Safety Inspector is they are not satisfied that the Workplace Health and Safety Officer has resolved any identified safety hazards and risks.

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Workplace Health and Safety Committees can be established through the employer establishing one or by a worker asking their employer for one. These committees encourage and maintain an active interest in workplace health and safety, keep other workers informed on new rules and procedures, consider training and education needs to address Workplace Health and Safety issues, review workplace incidents and help resolve issues about Workplace Health and Safety.

The main external investigators are Inspectors from Workplace Health and Safety Queensland. Queensland Workplace Health and Safety Inspectors visit workplaces to investigate workplace incidents,

investigate reports of unsafe or unhealthy conditions or dangerous work practices, assess workplace health and safety risks to workers and members of the public, provide information and advice to people on obligations under the Workplace Health and Safety Act 1995 (Qld) and can impose a range of enforcement strategies and penalties for workplace non-compliance.

Third paragraph (Analysis of stimulus materials to identify how effective current processes of investigations are at minimising workplace injuries and ensuring compliance and draw conclusions about why breaches to Workplace Health and Safety laws still occur)

N.B. Student responses to this section will be highly varied, dependent on the stimulus they selected and analysed.

It has been determined that each year in Australia, 8000 workplace deaths occur with it estimated that this year, one in every fifteen Australian workers will suffer a work-related injury or disease (Australian Council of Trade Unions, 2009).

These findings are reflected in the newspaper article about a young Brisbane subcontractor who was severely injured while working at a construction site. Within the article it was mentioned by a spokesperson for the Building Labourers Federation that the construction company the injured worked was working for had “numerous safety issues in the last 18 months including many objects falling...even onto the road” (Orreal, 2010).

These statistics and this newspaper article of a case of an injured worker indicate that despite the current process of internal and external investigations in workplaces, injuries and even death to workers are still occurring.

The reasons for the continuance of breaches of Workplace Health and Safety laws which result in workplace injuries and deaths could be associated with a number of explanations which could include:

That the employers do not place emphasis and importance on internal workplace investigations.

That employers do not take action to make workplaces safer after receiving workplace internal assessments.

An absence of a Workplace Health and Safety Representative and Committee to ensure a checks and balances on the Workplace Health and Safety Officer of a workplace.

Internal workplace assessments only needing to occur as minimally as once a year. The fact that external Workplace Health and Safety Inspectors only complete

investigations on workplaces after an incident or once a breach has been reported. This means that the external investigators with the power to enforce Workplace Health and Safety are only responding to unsafe or dangerous work practices usually once they have affected a worker through injury or death.

Fourth paragraph (Evaluate the social and legal impact that workplace injuries and death have on Australian society)

The main social and legal impact that workplace injuries and death has on Australian society is on the economy.

Statistics suggest that this year, 200 000 people will be injured seriously enough from a workplace incident to take 5 or more days off from work (Australian Council of Trade Unions, 2009).

It was also suggested that a typical workers’ compensation claim for a serious injury resulted in around 4 weeks absence from work, with ¼ of these claims for serious injury requiring around 12 weeks absence from work (Safe Work Australia, 2010).

The cost of work-related injuries and illnesses is large with an estimated $57.5 billion cost to the Australian society as a result of workplace injuries in the 2005-06 financial year (Safe Work Australia, 2010).

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While the cost to the Australian economy is large, there is also the cost to the worker themself who cannot work, their family who takes care of them or loses a family member and to the employer of the injured worker who must deal with having an employee absent from work.

While employees are injured they cannot participate as active citizens who contribute to the growth of Australian society.

Employers are also impacted in that injuries that occur at their workplace can affect the image of the company and reduce society’s confidence in that company to protect their employees.

Fifth paragraph (Propose suggestions as to how these laws could be improved to reduce workplace injuries and death)

N.B. Student responses to this section will be highly varied, dependent on the suggestions they propose. Workplace Health and Safety Representatives and Committees could be made compulsory for every

company. Workplace Health and Safety Officers could be required to perform internal workplace inspections more

frequently than just once per year (perhaps once per month). Workplace Health and Safety Officers could be required to submit their workplace assessment to the

Queensland Department of Workplace Health and Safety as well as their employer. External Workplace Health and Safety investigators could be allowed to take a more proactive approach to

investigating workplace by being required to conduct random inspections on any workplace and not just taking a reactive approach to only conducting inspections in response to complaints or incidents.

Conclusion

Restate that the purpose of this essay was to argue that the current Queensland Workplace Health and Safety processes of investigations and means of ensuring workplace compliance do not adequately protect people in the workplace.

Summarise the key findings that despite the existence of Workplace Health and Safety laws, breaches of these laws and workplace injuries and death still occur all too regularly.

Conclude by stating that they laws need to be changed in order to be more effective in minimising workplace injuries and deaths.

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