LAWS 3016 Elder Law

Credit Points 10

Legacy Code 200632

Coordinator Richard Mccullagh Opens in new window

Description This subject examines law relevant to an aging community. The legal issues are examined in a broad social, cultural and ethical context. Issues of legal capacity relevant not only to the law of contracts but also to medical treatment and end of life decisions are considered. Similarly the law relating to areas of special importance to the elder community such as age discrimination, pensions, retirement villages, wills and estate planning are also discussed.

School Law

Discipline Business and Commercial Law

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 3 subject

Pre-requisite(s) LAWS 2013 AND
LAWS 2003

Equivalent Subjects LGYB 0409 - Elder Law

Learning Outcomes

On successful completion of this subject, students should be able to:

  1. Critically evaluate the legal, policy, moral and practical issues concerning Substitute Decision Making for older people.
  2. Identify and analyse the legal, policy, moral and practical issues that may concern older people in relation to discrimination, abuse, accommodation and retirement finances and estate planning.
  3. Communicate clearly, accurately, logically and persuasively.

Subject Content

Introduction to Elder Law
Policymaking and the older person
Legislation affecting older persons
Role of the Guardianship Division of NCAT
Role of the NSW Trustee and Guardian
Role of the Public Guardian
Substitute Decision Making
Elder Abuse
Accommodation issues
Medico-legal issues associated with aging
Privacy and Confidentiality
Financial issues
Multicultural issues associated with ageing
Making or not making a will
Family Provision
Where to from here?


The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Type Length Percent Threshold Individual/Group Task
Quiz 20 minutes 20 N Individual
Essay 1800 words 40 N Individual
Final Exam 24 hours 40 N Individual

Prescribed Texts

  • McCullagh, R, Australian Elder Law (Thomson Reuters, 2018)

Teaching Periods

Spring (2022)

Parramatta - Victoria Rd


Subject Contact Richard Mccullagh Opens in new window

View timetable Opens in new window

Spring (2023)

Parramatta - Victoria Rd


Subject Contact Elen Seymour Opens in new window

View timetable Opens in new window

Structures that include subject