Jennifer M. Yule

Permissible plagiarism? Navigating normative expectations in the pre- and post-admission landscape

ABSTRACT Plagiarism in the context of the law is a highly nuanced and complex concept, involving consideration of academic integrity and disciplinary rules and assessments of intent, which colour the responses of both universities and courts when confronted by the misuse of others’ words and ideas without appropriate referencing. Within academia, plagiarism is treated as ‘a capital offence’. In the context of admission as a lawyer, professional admissions boards in Australia use findings of major plagiarism at university as a reason for denying or delaying admission to practice on two grounds: firstly, if it amounts to cheating per se, as being indicative of a character flaw inconsistent with the character requirements of officers of the court; and secondly on the related basis that it is (or is assumed to be) a reliable predictor of future professional misconduct. Given this, Australian universities must educate students about academic integrity and referencing (particularly in the digital age, where sources and opportunities for misconduct are escalating), provide law students with training and practice in appropriate use of others’ material, and provide relevant information to students about the implications of findings of misconduct being made against them. This is important because, while there is a widespread perception that plagiarism ceases to be a consideration after admission as a lawyer, this is not supported by the decided cases.