Overview
Statutory interpretation has a specific focus on locating and using legislation, aids to interpretation, and deployment of interpretative techniques. This unit will prepare you for determining whether the exercise of a statutory power is invalid if a condition or procedure regulating its exercise, is breached; determining whether a law has a retrospective operation; determining whether a statutory offence contains a mental ingredient to be proved by the prosecution (mens rea), and if so, what that ingredient is; determining the scope of a statutory power to make deleganted legislation in the light of delegated legislation, which has purportedly been made under a power; and the application of a rule in any applicable charter of human rights. A law graduate should be able to give a reasoned opinion as to the appropriate meaning of a legislative provision which takes adequate account of the law of statutory interpretation.
Details
Pre-requisites or Co-requisites
Co-requisite: LAWS11057 Introduction to Law
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2017
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student feedback
More feedback required for the take-home paper.
University policy requires take home papers to be treated as exams with papers not returned to students except for review. A more comprehensive answer guide can be released after papers are returned. Students may seek feedback or review in accordance with University policy.
- Demonstrate skills in researching and interpreting legislation, legislative instruments and related material
- Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material
- Explain how legislation and legislative instruments are made and amended
- Describe and apply different approaches to statutory interpretation.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 20% | ||||
| 2 - Written Assessment - 20% | ||||
| 3 - Written Assessment - 60% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 20% | ||||||||||
| 2 - Written Assessment - 20% | ||||||||||
| 3 - Written Assessment - 60% | ||||||||||
Textbooks
Statutory Interpretation
Edition: 2nd (2016)
Authors: Michelle Sanson
Oxford University Press
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780190304577
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Headset with microphone, video for web cam for online tutorials once a week.
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
w.jones@cqu.edu.au
Module/Topic
Introduction and Refreshing your Research Skills
Chapter
Statutory Interpretation Chapter 1
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Creatiing Legislation
Chapter
Statutory Interpretation Chapter 2
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Interpreting Legislation
Chapter
Statutory Interpretation Chapter 3
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Context and Purpose
Chapter
Statutory Interpretation Chapter 4
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Intention and Interpretive Techniques
Chapter
Statutory Interpretation Chapter 5
Events and Submissions/Topic
Lecture/Tutorial Activities
Written Assessment 1 Due: Week 5 Friday (11 Aug 2017) 5:00 pm AEST
Module/Topic
Vacation week
Chapter
Vacation week
Events and Submissions/Topic
Vacation week
Module/Topic
Intrinsic Material – Statute Components
Chapter
Statutory Interpretation Chapter 6
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Intrinsic Materials – The Text
Chapter
Statutory Interpretation Chapter 7
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Extrinsic Materials
Chapter
Statutory Interpretation Chapter 8
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Traditional Common Law Approaches
Chapter
Statutory Interpretation Chapter 9
Events and Submissions/Topic
Lecture/Tutorial Activities
Module/Topic
Statutory Presumptions
Chapter
Statutory Interpretation Chapter 10
Events and Submissions/Topic
Lecture/Tutorial Activities
Written Assessment 2 Due: Week 10 Friday (22 Sept 2017) 5:00 pm AEST
Module/Topic
Fundamental Human Rights in International Law
Chapter
Statutory Interpretation Chapters 11 & 12.
Events and Submissions/Topic
Lecture / Tutorial Activities
Module/Topic
Review
Chapter
Statutory Interpretation Chapters 13 & 14.
Events and Submissions/Topic
Materials supplied
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Assessment 1
20 marks in total.
Presented in two parts with 10 marks allocated for each part.
Part 1 A research task.
Part 2 Short problem question using interpretation rules discussed in the first part of the course.
Week 5 Friday (11 Aug 2017) 5:00 pm AEST
Week 7 Friday (1 Sept 2017)
- Identified and discussed relevant facts.
- Identified and discussed relevant legal issues.
- Relevant cases, legislation and rules of interpretation identified and applied to formulate a logical opinion.
- Research task completed in a manner which demonstrates understanding of interpretation issues.
- All of the required elements of the task completed professionally and the work is concise and well presented.
- Demonstrate skills in researching and interpreting legislation, legislative instruments and related material
- Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material
- Explain how legislation and legislative instruments are made and amended
- Describe and apply different approaches to statutory interpretation.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
2 Written Assessment
Assessment 2
Provide an opinion on a statutory interpretation problem question based on the material you have read in the second part of the course
Total : 20 Marks
Week 10 Friday (22 Sept 2017) 5:00 pm AEST
Week 12 Friday (6 Oct 2017)
- Identified and discussed relevant facts.
- Identified and discussed relevant legal issues.
- Relevant cases, legislation and interpretation rules identified and applied.
- Logical analysis of the issues and law lead to a well argued conclusion.
- All of the required elements of the task completed professionally and the opinion is concise and well presented.
- Demonstrate skills in researching and interpreting legislation, legislative instruments and related material
- Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
3 Written Assessment
Take Home Examination
In week 12 you will be presented with a take home exam with 48 hours to complete. This is a standard 3 hour exam you may complete at home and submit at any time during a 48 hour period. It does not require 48 hours to complete the exam.
Your response must be submitted by the due date and time with no extensions permitted.
The exam will include:
- A theoretical question which will ask you to reflect on the work you have completed over the previous 12 weeks.
- Two problem questions which require your statutory interpretation skills to solve.
Special Note:
Working to a short deadline and submitting on time are part of what is being assessed.
CQU Assessment Procedure does not allow late submission with a percentage penalty for take home exam papers. Late submissions cannot be marked.
Applications for a deferred examination can still be made in the usual way in the case of extraordinary circumstances.
Due 48 hours from the day of release of the paper at the end of week 12 - date of release to be advised by week 2.
Take home exam results released with certification of grade.
- Identified and discussed relevant facts and legal issues.
- Identified relevant legislation, case law and statutory interpretation rules.
- Demonstrated knowledge of interpretation rules through their correct application.
- Logical analysis of the issues and law leading to well argued conclusions.
- All of the required elements of the task completed professionally in a manner which is concise and well presented.
- Demonstrate skills in researching and interpreting legislation, legislative instruments and related material
- Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material
- Explain how legislation and legislative instruments are made and amended
- Describe and apply different approaches to statutory interpretation.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
