SAC 3 answers

Unit 3 – Area of Study 2

The Victorian civil justice system

Marks allocated

20 marks

Time allowed

10 minutes reading time

40 minutes writing time

Task

Structured questions

What to bring for this task

• Pen(s) and highlighters. You may bring a watch to place on your desk. No mobile phones or other
materials allowed.

• A clock will be displayed/times marked off on the board by supervising teacher.

Task description

Responses to questions need to be in full sentences. The task word and mark allocation should be used as
a guide for students to determine the level of detail for a complete answer.

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Questions

Instructions/questions for the task:

1 Discuss how one recommended reform to address a cost factor may be able to achieve at least one
principle of justice. (4 marks)

Possible recommended reforms:

• greater legal aid funding

• online system for the resolution of small civil claims

• assistance to self-represented parties.

In discussing how it may be able to achieve at least one principle of justice, students should consider if the
solution is short- or long-term; the key aspects of the chosen principle and how this links to the reform; any
issues with the reform; is the reform conclusive or does it also need further changes to support it?

Mark allocation:

1 mark – Provides one point regarding the recommended reform.

1 mark – Provides additional brief points regarding the reform linking to cost factors and/or provides some
connection to achieving a principle of justice.

1 mark – Makes additional points that are well explained and links to cost factors and achieving the
principle of justice, but falls short of a full response (for example, may only look at one side and not
consider the limitations of achieving the principle).

1 mark – Provides a detailed discussion showing clear links between how it addresses the cost factor and
how it may/may not be able to achieve the principle of justice.

2 Describe how VCAT costs and the increased use of dispute resolution methods can affect the
achievement of fairness in the civil justice system. (6 marks)

Possible points for VCAT costs:

• Costs remain low for most claims.

• Health care card holders have even lower fees.

• Many people who cannot afford the fees may have to abandon their claim.

Possible points for increased use of dispute resolution methods:

• They involve a skilled third party who can monitor processes and ensure equal opportunities for both
parties.

• Informality can increase engagement with the processes.

• They allow for parties to take ownership over both the processes and the outcome.

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Justice & Outcomes VCE Legal Studies for Units 3 &4 Teacher obook assess ISBN 9780190310394
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Mark allocation:

1 mark – Makes one point about VCAT costs.

1 mark – Makes additional brief points about VCAT costs and provides some link to the achievement of
fairness (e.g. may not clearly show what type of effect the points have regarding achieving fairness).

1 mark – Provides a further detailed description of VCAT costs and clearly links to how this can affect the
achievement of fairness.

1 mark – Makes one point about increased use of dispute resolution methods.

1 mark – Makes additional brief points about dispute resolution methods and provides some link to the
achievement of fairness (e.g. may not clearly show what type of effect the points have regarding achieving
fairness).

1 mark – Gives a further detailed description of dispute resolution methods and clearly links to how this can
affect the achievement of fairness.

3 ‘The civil justice system is failing to achieve any of the three principles of justice due to time and
accessibility factors. There have been no successful reforms introduced in recent years.’

Evaluate the extent to which you agree or disagree with this statement. (10 marks)

Possible points linked to time factors:

• court delays

• VCAT waiting times

• appeal processes

• use of case management powers.

*Note: There are a range of points that each of the above factors can be linked to in terms of the principles
of justice.

Possible points linked to accessibility factors:

• barriers to communication

• services in rural and remote areas

• the use of representative proceedings.

*Note: There are a range of points that each of the above factors can be linked to in terms of the principles
of justice.

Possible recent reforms:

• introduction of the Judicial Commission of Victoria (JVC)

• changes to High Court appeals

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Justice & Outcomes VCE Legal Studies for Units 3 &4 Teacher obook assess ISBN 9780190310394
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• VLA online tool

• use of technology

• removal of wigs.

Students may also include other factors which have reduced the ability of the justice system to achieve any
of the three principles of justice (this will depend on the particular position a student takes with regards to
the statement). However, students must ensure they address the key factors in the statement adequately to
obtain full marks.

Mark allocation:

This response should be globally marked. To attain full marks, the response needs to have a clear position
statement showing the degree that the justice system is failing and makes specific reference to the factors
of time and accessibility. The response also needs to address the issue of ‘successful reforms’ for full
marks to be awarded.

The following can be used as a guide for how to approach the global marking:

1–2 marks – Makes a statement regarding the ‘extent’ and a brief point to support this.

3–4 marks – Makes a number of brief points but they lack depth, OR makes a couple of detailed
arguments.

5–6 marks – Provides a range of points, touching on a number of strengths and weaknesses of the time
and accessibility factors, but may fail to link back to how these affect the three principles of justice, OR
makes a few points and explores the success of some recent reforms.

7–8 marks – Provides a range of points, touching on most elements, but some points are missing or lack
depth, or is not linked back to the achievement of the principles of justice; makes some points regarding the
success of recent reforms.

9 marks – Gives a response that is highlight detailed and addresses the success of recent reforms but falls
short of a full response (for example, the position statement is not included/is not supported by the
response).

10 marks – Gives a comprehensive, detailed response and supports the position statement provided.

*Note: Full marks cannot be awarded if the student does not take a clear position on the ‘extent’ and if a
clear link is not made to the statement.

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Justice & Outcomes VCE Legal Studies for Units 3 &4 Teacher obook assess ISBN 9780190310394
Permission has been granted for this page to be photocopied within the purchasing institution only.