Prudential Regulation as Law - JURD7611

Description

Course Aims

• To gain a good understanding of the structure and operation of prudential regulation in Australia and the supervisory system used to ensure compliance;
• To become familiar with the ideas of regulation in the context of prudential regulation;
• To consider why particular types of business should be subject to prudential regulation and how that relates to the structure of the regulatory system. In this context to critically examine the unique Australian initiative of subjecting public superannuation providers to prudential supervision;
• To consider different tools available to the prudential regulator, how the process of supervision operates and what its limitations may be. In this context to look at the exercise of regulatory discretions and the particular issues in relation to the review of prudential regulatory decisions;
• To consider the methods of enforcement available to the prudential regulator and their use;
• To understand some of the ways prudential regulation interacts with and differs from other systems of regulation in the financial services sector and in particular the regulatory role of the Australian Securities and Investments Commission;
• To consider the relationship of the Australian model with international developments and to compare this with the structure and approaches of the regulatory models used in the United Kingdom, Europe and the USA.

Learning Outcomes

• demonstrate knowledge of the core principles of the law relating to minority shareholders, including a critical understanding of the policy considerations informing the law in this area
• demonstrate the skills of analysis and evaluation which are required to engage in practical and scholarly legal research. This will include skills necessary to plan effective research strategies; collect, retrieve and collate relevant information; analyse, evaluate and interpret information apply and report on empirical research [modify depending on whether reseach essay set, and the type of research involved]
• recognise and reflect on ethical and justice issues that are likely to arise in professional practice in this area;
• identify and formulate legal issues in this area and engage in critical analysis of those issues;
• be able to communicate their understanding and analysis of legal and policy issues in this area to others in both legal and non-legal formats;
• By participating in class and completion of essay to develop skills relevant to identifying issues relevant to to the structure and understanding of prudential regulation.

Assessment