Aviation Legal Framework
Unit code: HES4990
| Credit points | 12.5 Credit Points |
| Duration | 1 Semester |
| Contact hours | 48 hours (4 hours per week) |
| Campus | Hawthorn |
| Prerequisites | Nil |
| Corequisites | Nil |
Aims and objectives
To introduce non-lawyers to the law governing civil aviation in Australia. As the law is forever changing, students will be encouraged to learn, understand, and discuss confidently the legal concepts and principles behind aviation regulation, rather than to gain a detailed knowledge of legislation and case law.
Like other industries, civil aviation is subject to a great deal of law that is not industry specific, but applies generally. Students will be encouraged to understand law in its wider context, and to see the relevance of law to other units in their university studies.
Upon successful completion of this unit students should be able to:
- Discuss the legal framework influencing aviation in both an international and national setting
- Discuss the role of the regulator governing fair competition and trade
- Discuss contracts and insurance in aviation
- Compare case studies and illustrate the pertinent issues in law
Assessment
Group presentation: 15-20%Individual assignment - up to 3000 words: 25-30%
Examination (3 hours): 45-50%
Generic skills outcomes
- Teamwork skills
- Problem solving skills
- Communications skills
- Ability to tackle unfamiliar problems, and
- Ability to work independently.
Content
- International organisation, international conventions and air laws
- Domestic and international constitutional, institutional, policy and political context
- International regime, bilateral/multilateral negotiations and international air services
- Contract law and fundamentals of legal principles
- Insurance and carriers’ liability
- Trade Practices, competition law and consumer protection
- Employment and industrial law
- Aviation safety and safety investigation
- Aviation Security
- Airports and regulations on airports operations
References
Pengilley, W., McPhee, J., (1994) Law for Aviators, International Business Communication, Sydney.
Lelieur I., (2003), Law and policy of substantial ownership and effective control of airlines, Prospect for change, Ashgate Publishing, Aldershot, England;
Milde M., (2008), International air law and ICAO, Eleven International Publishing, Utrecht, the Netherlands;
HeilbronnG. N., (2008), Aviation regulation and licensing: the laws of Australia, Thomson Lawbook 2008, Pyrmont, NSW, Australia;
Diederiks-VerschoorI.H. Ph , and Butler M.A., (2006) An introduction to air law, 8th edition, Kluwer Law International, the Netherlands;
Carter J.W., (2006) Carter’s guide to Australian contract law, Sydney, LexisNexis
Australian employment law guide, (2009), CCH Australia Limited
Dhirendra K., Srivastava D. K., Deklin A. P, and Singh P M. (1996), Introduction to Australian law, LBC Information Services, North Ryde, NSW, Australia,
Bruce A., (2011), Consumer protection law in Australia, LexisNexis Butterworths, Chatswood, NSW.,
