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Delia Delahunt - Statutory Interpretation - Oversight and the Role of Media - Law Assessment Answer

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Highlights

Internal Code: 1AHDAD

Law Assessment Answer

TASK: PART 1:  STATUTORY INTERPRETATION:
  • Threshold questions
  • Classification of statute
  • Identification of the operative provisions
  • Purpose and context of the Act
Fact situation Delia Delahunt is a third-year law student at an Australian university located in Queensland.  She is enrolled in four courses, three of which have assignments due within a short period of time.  Delia’s active social life and her part-time employment with a law firm has meant that she has been unable to devote the time needed to complete her assessment.  A fellow law student, Albertine Albertson recommends that she contact EziDegreez to arrange for her assessment to be completed. ‘The rates are quite reasonable…’ says Albertine. On 1 March 2019 Delia makes a number of web searches relating to assessment assistance and comes across EziDegreez.  The website, www.ezidegreez.com, offers advice on time management and how to complete assignments, including an item that states: ‘But if you can’t get your assignment in on time, that’s where we can help by providing you with assignment completion services.’  The website then provides a webpage inviting details of the assignment to be completed and payment options. On 3 March 2019, Delia decides not to use the services. A week later on 10 March, feeling even more anxious about meeting assignment timeframes Delia again accesses the services and this time provides details on two of her assignments and makes the payments for completion of her assignments by EziDegreez.  A week later she receives the assignments. However, after a seminar on academic misconduct of law students, Delia has second thoughts and decides to write the assignments herself. Question 1:   Using the structured approach provide the law, analysis, and conclusion of how the Act may apply to Delia. NB: Include in your answer the effect of s 4(3) and the penalty in s 4 with reference to statutory interpretation. PART 2: OVERSIGHT AND THE ROLE OF THE MEDIA ‘The media plays a significant role in scrutinizing both government and organisations.   On 17 October 2018, ‘The National Express’ print the following newspaper article:   Government officials and politicians forced to resign over cheating scandal More than 25 million people in over 30 countries have had details of their cheating past spilled over the internet today.   The Truth Team, thought to be a group of university graduate vigilantes, are taking responsibility for hacking into a number of high-profile cheating websites releasing millions of online academic criminal activities website customer names and locations who have interacted with the websites during the last eight years.    Already there have been a series of resignations from high-ranking senior public servants, members of the government and senior lawyers.  Statements released from the government and a number of law societies have indicated how regrettable it has been to see such seemingly highly qualified and valued members of staff forced to resign over activities carried out as undergraduate students.   Investigations continue into the matter, as this threatens to dominate the news.  Injunctions are currently preventing the release of names. On 14 February 2019, The National Express print the following article:   Top Melbourne Barrister Madeline Montgomery named in a cheating scandal High profile Melbourne barrister, Madeline Montgomery has today resigned in disgrace from her lucrative practice in commercial litigation after it was revealed that she was a regular user of the online academic criminal activity website, EziDegreez.   It has been alleged that Montgomery was pressured by EziDegreez to begin regular payments of $5000 a month to prevent the operators of that site from releasing Montgomery’s involvement in purchasing assignments from the website relating to a number of her law courses, including ‘Intellectual Property’, ‘Banking and Finance’ and ‘Ethics’.   Montgomery and EziDegreez had both been under surveillance from the Federal Integrity Police for a number of months following triggers from Montgomery’s bank account crediting a Cayman Island account.  It was initially thought that Montgomery was involved in money laundering activities; however, it was the release of a list of users of online academic criminal activity websites by the student vigilante group – the Truth Team – that aided the Federal Integrity Police (FIB) in linking Montgomery to EziDegreez. Montgomery will stand trial in June next year following further investigations by the FIB and assistance from the newly created Board of Academic Trust and Integrity in Knowledge.   A spokesperson from the Board has revealed that as many as 10,000 Australian graduates are now under investigation following the EziDegreez database hack by the student vigilante group, the Truth Team.  The spokesperson commented that, ‘The impacts of this cannot be overstated. Many of these graduates who have gained university qualifications through online academic criminal activities now hold important positions in the government, as well as in the legal profession.  There are major concerns that these online academic criminal activity websites are in a prime position to leverage government decision-making through the vulnerability of officials who effectively have been involved in criminal activities as undergraduates. We must purge our government and legal profession of those graduates tainted by these criminal activities.’ The spokesperson strongly cautioned against the vigilante approach used by the Truth Team.  ‘We believe the Truth Team to be a group of disgruntled graduates whose degrees have been brought into ill repute and devalued by the actions of their fellow students who have become habitual users of these online academic criminal activity websites.  We don’t condone the Truth Team’s approach, but we can understand it.’ Employment Minister, Eadie van Engleheurt, commented.  ‘Jobs and employment. We must look on the positive side.  It’s looking very good for any graduate who has not engaged in these online academic criminal activities.  Graduates who pass the character test are all now in an exceptionally strong position to successfully apply for employment with excellent career prospects ahead of them.’ Question 2: Using short sentences, discuss the two newspaper articles above in how the media play a role within the Australian legal system, and its institutions and how governments might use the media. PART 3: PARLIAMENTARY PROCESSES The Federal Government has recently entered into an international agreement with over 30 other countries and become a signatory to The Union of Truth in Education Agreement in Copenhagen.  The agreement seeks to create interoperability of the Register of Trust and Integrity so that it can access databases of the other 30 countries linking to academic misconduct and criminal offenses. The internationally expanded Register will have the effect of identifying almost all individuals who have contacted or engaged in online cheating – not just those persons who have attended Australian universities.  The Government are then seeking to make the offences under the University Academic Integrity and Graduate Protection Act 2019 (Cth) retrospective.
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