Aviation is one of the most (if not the most) regulated industries in the world. The law impacts upon the aviation industry more or less directly from the international level right down to the local level in every place where it operates. For aviation professionals and managers, and those in related industries, it is imperative to have an appreciation of what laws apply to the day-to-day operations of an aviation business and an understanding of how those laws work. This is particularly important when viewed from an international perspective because of the global nature of the industry and of the proliferation of international treaties, in particular the Chicago Convention 1944.
 
The ANU College of Law's new Australian Aviation Law course offered as part of the Graduate Masters Program will provide students with an awareness and appreciation of the laws that apply to the day-to-day operations within the aviation industry including government departments and agencies.
 
This course will provide an overview of the regulatory structure of civil aviation in Australia. The course will focus on the legal system within which this regulatory system operates and the powers, responsibilities and scope of the various aviation regulatory authorities. In particular, the course will concentrate on providing a practical insight into the legal implications associated with various aviation personnel including the pilot-in-command.
 

In light of the recent restructuring of Australia’s aviation regulatory regime this course will have a particular emphasis on the consideration of the role and functions of Airservices and the Civil Aviation Safety Authority, and will also examine recent developments in the increasingly important area of aviation environmental law.
 
This course is equally applicable and assessable for both non-lawyers and lawyers so although no prior legal training is required or assumed the course is structured such that lawyers will benefit from their prior knowledge and additional references and readings provided.

Skills based outcomes:

i.    concentrated legal research (including online legal databases) and writing to a postgraduate standard, via the written component of assessment (relying upon skills in finding, analysing and using relevant legal and policy resources relating to aviation law);

ii.   Specialised writing skills relating to law reform briefings and proposals, via the specialised component of assessment;

iii. improved skills in cross-disciplinary analysis of the law

iv. improved knowledge of comparative approaches to legal analysis.

v.   improved skills in statutory interpretation and in the assessment, analysis of effectiveness of legislation (including “outcome-based” legislation  style) and government aviation policies;

vi. improved capacity to apply case study research of aviation-legal cases and their application to the contemporary Australian aviation inductry;

vii.              an opportunity to improve capacity to make persuasive oral argument and presentations to a group, leading to greater capacity to present clearly, effectively and quickly information relating to an aspect of aviation law.

Knowledge based outcomes:

i.    an understanding of the key concepts, principles and issues relating to development of aviation law and the framework and application of the various international aviation conventions;

ii.   overview of regulatory framework for aviation law in Australia;

iii. knowledge of the particular challenges and issues arising in the specialised application of the regulatory framework of aviation law in Australia including the impact of aviation operations upon the environment;

iv. greater knowledge of the relevance of emerging trends in aviation across economics and regulatory issues including increased competition and the proliferation of low cost carriers (LCC), liberalisation of world aviation markets and emission and carbon trading schemes applicable to aviation operations.

1. Panel discussion participation and presentation (20%)

2. Case research assignment (30%)

3. Research Essay (50%)

Intensive mode (4 days)

It is anticipated that the student work-load (in hours) would consist of 24 to 26 in-class hours, plus approximately 40-48 hours reading and approximately 25-30 hours to complete assessment requirements.

Success in the course will be assisted by knowledge of international law, administrative law, aviation law or public international law, or experience in the aviation industry.

none for this course

Success in the course will be assisted by knowledge of international law, administrative law, aviation law or public international law, or experience in the aviation industry.

The prescribed text for the course is: Bartsch R, Aviation Law in Australia (4^th ed) Thomson Reuters Lawbook Co, Sydney 2013

The supplementary text for the course is:  Bartsch R, International Aviation Law in Australia Ashgate Publishing, UK,  2012

A Course Outline will be availble approximately 4-6 weeks out from the start of the intensive.

Students must have access to the internet and email