Highlights
Your assignment is to write a paper that critically addresses the task that has been assigned. As you will note, some guidance as to the way you should attack this task has been provided to you – this guidance will assist you in interpreting the question and understanding what is required of you. You should not approach this assignment as an exercise in writing short answers to the above points. Your paper should address the various aspects in a consolidated, holistic way.
This assignment primarily assesses your skills in critical evaluation and reflection. With this in mind, you need to closely consider / analyse the various arguments and the evidence available to help formulate and support your findings.
This means that you will be required to examine and analyse the underpinning information and opinions you are considering – this is particularly important in relation to secondary materials. Please note that if all you are doing is including references to other people’s criticisms or evaluations, you are merely being descriptive - you are not engaging in the critical analysis process. This type of descriptive approach will be heavily penalised.
1. Identify and explain the fundamental principles and values underpinning the use of s90 and the way in which the Courts have approached its application of s90.
2. Address the main issues and arguments regarding the utility of s90 with reference to its interplay with other sections within Part 4.3 of the Act and any potential detriment and / or benefits you may identify in the course of your research.
3. Demonstrate creative and critical thinking supported by research in addressing the issue of retention / repeal of s90.
4. Write in a clear and concise manner, making sure that your expression, formatting, grammar and referencing is of the highest standard. Your referencing must be in accordance with the Australian Guide to Legal Citation (4th ed) and the UTS Law Guide to Written Communication.
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