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NSW Curriculum
NSW Education Standards Authority

11–12Legal Studies 11–12 Syllabus (2025)

Implementation from 2027
Expand for detailed implementation advice

Content

Year 11

Changing the law

The Loading  is to be integrated as appropriate.

Students examine TWO case studies of law reform:

  • the recognition of land rights in NSW and native title for Aboriginal and Torres Strait Islander Peoples
  • ONE other case study of law reform selected from NSW or the federal level.

Both case studies will draw on the following elements in the process of law reform in NSW and Australia:

Reasons for change
  • Recognising changing values

  • Maintaining relevance in society

  • Adapting to technological change

  • Upholding international standards

  • Amending existing or outdated laws

  • Addressing the needs of individuals, groups or society

Drivers of change
  • Ways to influence change, including activism, advocacy, public opinion, investigations, findings and recommendations

  • Informal methods of change by individuals, advocacy groups and the media

  • Formal methods of change through the legislative process, judicial decisions, royal commissions, law reform commissions and inquiries

Processes of change
  • Legislative methods

  • Executive methods

  • Judicial methods

Outcomes of change
  • Benefits of reform

  • Limitations of reform

Case study 1: The recognition of land rights in NSW and native title for Aboriginal and Torres Strait Islander Peoples
  • Overview of land rights, including the role and impact of legislation in NSW

  • Overview of native title, including overturning the doctrine of terra nullius and the relationship to land rights

  • Drivers of change to native title

  • The process of developing laws through judicial decisions and legislation, including the Mabo and Wik decisions

  • Outcomes of change to native title law, including the benefits and limitations

Case study 2: An area of law reform
  • Overview of the area of law reform

  • Reasons for change to the law

  • Drivers of change in the area of law reform

  • Processes of change used to address the area of law reform

  • Outcomes of the change, including benefits and limitations

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