- Internal Code :
- Subject Code : LAWS11-216
- University : Bond University
- Subject Name : Law
Constitutional Law - Section 1
The engagement of the educational institution in commercial activities is a source of corruption that needs to be managed, and especially when powerful personalities like Arogon Isildur, son of Arathorn. The involvement in commercial activities is a major risk to the integrity of the educational institution. It might affect the educational institution if the proper focus is not laid on its integrity. The commercial activities in the educational institution will instigate the employees to generate income from different means,. The institution can also attempt to improve revenue through unfair means. It is to harm the integrity of the higher education authorities. The involvement of the authorities in commercial activities is extremely inimical to the integrity of the educational institution (Ramdani, 2018). The behaviors like Bribery, cheating, misrepresentation, conspiracy, collusion, a duplicate submission, and academic misconduct will be common with the help of persons from the higher authority. The promotional activities will attract and deceive students. The proposal to spend $3.9 million to maintain educational integrity is an excellent move and needs to be integrated.
Previously, the issues related to information, academic standard, and governance in research have been found affected due to the absence of the well-integrated law. The challenge has also emerged regarding the loss of academic integrity. More than 74 cases have been reported in Australian where academic dishonesty is found from 1974 to 2007. The government has made a lot of attempts to curb the issue related to academic integrity as the government initiated the Prohibiting Academic Cheating Services Bill 2019. The was focused on the improvement of quality of education and it's good resulted by preventing cheating. Under The TEQSA Act, the cheating and advertising services have been prevented. It also attempts to curb the promotion and use of academic cheating services. The promotion and cheating services have not been allowed, but the agency is still working to offer such cheating services.
The change in the technology and way of submission and its review is also the challenges that are required to be addressed to manage things effectively. The rise in technology and methods has challenged the academic institution to maintain academic integrity. It requires new technology and method to maintain academic dishonesty, and maintaining academic integrity is essential to the overall development of the country. The necessity for the fund is inevitable, and the move of the government is to allocate a fund to tighten the shield to protect the educational integrity that has been effective and a need of the hour. The emerging digital technology has posed a threat to the integrity of the academic order and contents are stolen and fake contents resubmitted. It has resulted in the creation of the need to improve and enhance the requirement of technology and method to curb the issue of plagiarism and academic integrity.
The government decided to spend $3.9 million on protecting the integrity of the educational institution through the formation of the committee is justifiable and has a good intention to offer quality education and good and fruitful candidates.
Constitutional Law - Section 2
The issue of academics has been a recurring event, and in the case of Law Society of Tasmania V Richardson along with his parents, Gregory Richardson and Anita Bettrs were stuck in the case as the law Society demanded so in the Supreme Court. Scott was found to have indulged in the academic misconduct, and Richardson did not disclose what he found when he was being admitted to the University. Scott made a copy of the assignment that Richardson offered. Similarly, the academic dishonesty has been common and requires an effective measure to prevent such cases at the earliest.
The decision of the Attorney Journal to develop a system to curb academic dishonesty by forming committee along with great social figures is a significant step towards prevention of the academic dishonesty. It will offer help in enhancing quality education, corruption, and breach in the educational system. The growing challenge of preventing and mitigating the academic system at the international level is new. The universities here with the committee formed are to endowed with the capability to deal with the corruption in the education system. The foreign agencies are offering cheating services to the students and the students are being lured to perform the assignment with their help and the students aware tried under the case Humzy-Hancock, Re [2007] QSC 34). The universities also need to be encouraged with the best tools and practices to maintain academic integrity within the educational institution.
The World Bank stated, [Corruption is], the abuse of public office for private gain”. The formation of the committee will attempt to identify the mistakes, loopholes, and risks associated with corruption and academic dishonesty. These risks like academic plagiarism, cheating agencies functioning from a foreign land, and cybersecurity service need o have a concentrated look. The court of Queensland undertook the case Humzy Hancock, Re [2007] QSC 34 which has included admission related fraud, and it had resulted. IN the case of R v Dillon [2016] 1 Qd R 56, the accused person's intention was noted and found guilty of academic dishonesty.
Academic dishonesty is a common and recurring event, and the formation of a committee to look after the major loopholes and risk associated with academic integrity is a good intention undertaken by the government. The prevention of the act academic dishonesty will offer a quality education system, and the students who are completing the courses will be more proficient and efficient in the knowledge and skills that the education system imparts them.
The decision made to integrate a committee to formulate an effective policy to prevent academic dishonesty and the institution using unfair means to earn higher incomes. The committee formation will be supervising the actions taken by the foreign agencies to interrupt and interfere in academic dishonesty among the students within an educational institution. IT requires having decisions at the earliest and preventing the foreign and national agencies from affecting the educational institution in maintaining integrity.
Constitutional Law - Section 4
The attorney general of Queensland is proposed to ensure the public communication or action which would result in the description of educational institutions of Queensland are immediately required to be reported and considered for the approval of the Queensland minister of education. On that note, the strict provisions will be developed which will be applicable for both the to the staffs and students of the educational institutions and the general people and even the ministers. The integrity act 2009 would be applicable to ensure integrity in the Queensland education at 2020. The integrity act 2009 is levied on the integrity commissioner which allows giving advice to the ministers and others on the integrity and ethics related issues and ensuring establishment of register of the lobbyists (Integrity Act 2009, 2020).
The act could be composed to clarify the appropriate limitations on the contact in between the government representatives and lobbyists and the key representative of the oppositions. The strict and systematic implication of the law would ensure everyone abides by the Integrity in Queensland Education Act 2020 act 2020 so that no dispute is taking place which would defame the education of Queensland. Moreover, through the implication of the act, the trust will be promoted in the government processes and decisions. Moreover, with this law the boundaries and limitations will be easily defined to the people to avoid such behaviour or misconduct that result in the disrespect or disrepute of the Queensland educational institutions. Similarly, the code of conduct for both students and staff of the educational institutions will be developed. As per the provisions of the code of conduct the staff of the students of the educational institutions will be prohibited from being engaged to search behaviour or activities which bring the Queensland institutions into disrepute.
In any case if the dispute of Queensland educational sector, the Queensland minister of Education will handle the issue. If there is failure in complying to the provisions and guidelines of the government decision regarding this respect of Queensland educational sector, it will be considered as a criminal offence. The sentencing for the penalties and fines against the criminal offence of the disrespecting the Queensland educational sector will be decided based on the severity of the crime, the impact on the educational institutions and the entire system, the circumstances of the offender and the cooperation of the offender with the authority in charge of the entire case. If the offence has resulted in utmost disrespect and disputation of the educational sector, imprisonment would also be imposed as the criminal penalty (Sentencing fines and penalties for offences, 2020). The section 199 of the Penalties and Sentences Act 1992 of Queensland provides the constitutional basis for the provisions of sentencing the penalties to the offender for the offence of guidelines of the commonwealth (Criminal Code Act 1899, 2020).
In a nutshell, The Queensland Attorney-General can implement the Integrity in Queensland Education Act 2020 based on the integrity act 2009 and impose the penalties based on section 199 of the Penalties and Sentences Act 1992 of commonwealth constitution.
Constitutional Law - Section 5
Whenever an individual or an educational institution disrespects the guidelines of the section 4, it will be subjected to the offence and breach of the laws developed by the Queensland constitution. The constitution of the Queensland government allows the police commissioner to request to the Supreme Court of the Queensland to impose the control order over an individual or the institution or the organisation which has been declared to be engaged in communication in the breach of the acts and laws. The Supreme Court makes a control for order while sentencing the individual or an institution for a specific offence. The control order might be inclusive of the conditions which is considered to be appropriate by the court in the protection of the public and the educational institution and regarded as necessary to enforce the order. As per the control order, the individual could be subjected to imprisonment are the strict actions would be levied against the organisation which is contravening the control order imposed by the court.
The authority of the Supreme Court in improving the control order is secured by the Supreme Court of Queensland at 1991 (Supreme Court of Queensland Act 1991, 2020). As per the act the chief justice of the Supreme Court of Queensland has the authority to do all the necessary things that are confident and would ensure better control and the management of the precincts of the supreme court (Supreme Court of Queensland Act 1991, 2020). The court has the power to grant obtain or prohibit or limit access or control an individual or an organisation as a part of the presence of the Supreme Court.
The provision of control orders depict the commissioner may apply for the control or order to the supreme court for a person if the individual is found to be engaged in offensive activity which is not supported by the provisions of the constitution. However, it is noteworthy that the court may take the control order over a person when the code is confirmed and satisfied that the individual is or has been engaged with and criminal organisation for himself/herself commits criminal activity or associates to any activity which results in the bridge of the provisions developed by the constitution (Queensland Legislation - Queensland Government, 2020).
Bibliography for Constitutional Law
Bretag, T. (Ed.). (2016). Handbook of academic integrity. Singapore: Springer.
Criminal Code Act 1899 (2020). Retrieved 17 August 2020, from https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1899-009
Integrity Act 2009 (2020). Retrieved 17 August 2020, from https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2009-052
Queensland Legislation - Queensland Government. (2020). Retrieved 17 August 2020, from https://www.legislation.qld.gov.au/view/whole/html/inforce/2016-01-01/act-2009-053
Ramdani, Z. (2018). Construction of academic integrity scale. International Journal of Research Studies in Psychology, 7(1), 87-97.
Sentencing fines and penalties for offences. (2020). Retrieved 17 August 2020, from https://www.qld.gov.au/law/fines-and-penalties/types-of-fines/sentencing-fines-and-penalties-for-offences#:~:text=The%20penalty%20unit%20value%20in,Learn%20more%20about%20sentencing.
Supreme Court of Queensland Act 1991 (2020). Retrieved 17 August 2020, from https://www.legislation.qld.gov.au/view/pdf/inforce/2019-07-12/act-1991-068
Cases
Humzy-Hancock, Re [2007] QSC 34
Moylan v State of Western Australia (2007) 169 A Crim R 302
R v Dillon [2016] 1 Qd R 56
R v Saba [2013] QCA 275
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