CQUniversity Unit Profile
LAWS11059 Statutory Interpretation
Statutory Interpretation
All details in this unit profile for LAWS11059 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

LAWS11059 Statutory interpretation has a specific focus on locating and using legislation, aids to interpretation, and deployment of interpretative techniques. In this unit you will learn how to determine whether the exercise of a statutory power is invalid if a condition or procedure regulating its exercise, is breached; whether a law has a retrospective operation; whether a statutory offence contains a mental ingredient to be proved by the prosecution (mens rea), and if so, what that ingredient is; the scope of a statutory power to make delegated 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. This unit meets the LPAB requirements for statutory interpretation.

Details

Career Level: Undergraduate
Unit Level: Level 1
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Co-requisite: LAWS11057

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 - 2018

Distance

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 20%
2. Written Assessment
Weighting: 20%
3. Written Assessment
Weighting: 60%

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.

Previous Student Feedback

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 on the Moodle site.

Feedback

A request for more timely feedback.

Recommendation

Endeavour to provide more detailed and more timely feedback much closer to the return date for the assessment pieces.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Apply skills in locating and using legislation, aids to interpretation and deployment of interpretive skills
  2. Evaluate whether the exercise of statutory power is invalid
  3. Analyse whether a law has a retrospective operation
  4. Analyse whether a statutory offence contains a mental element (mens rea)
  5. Analyse the scope of statutory power to make delegated legislation
  6. Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material.


Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5 6
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 5 6
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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 20%
2 - Written Assessment - 20%
3 - Written Assessment - 60%
Textbooks and Resources

Textbooks

Prescribed

Statutory Interpretation 2nd Edition (2016)

Authors: Michelle Sanson
Oxford University Press
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780190304577
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Microphone and camera for use with Zoom
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Wayne Jones Unit Coordinator
w.jones@cqu.edu.au
Schedule
Topic 1 Begin Date: 09 Jul 2018

Module/Topic

Introduction to Interpretation and Creating New Legislation

Chapter

Statutory Interpretation Chapters 1 & 2. Chapter 14 only from page 331 to 345.

Events and Submissions/Topic

Weekly online tutorial discussions

Topic 2 Begin Date: 16 Jul 2018

Module/Topic

Using Interpretation Legislation

Chapter

Statutory Interpretation Chapter 3

Events and Submissions/Topic

Weekly online tutorial discussions

Topic 3 Begin Date: 23 Jul 2018

Module/Topic

Considering the Context & Purpose

Chapter

Statutory Interpretation Chapter 4

Events and Submissions/Topic

Weekly online tutorial discussions

Topic 4 Begin Date: 30 Jul 2018

Module/Topic

Intention and Various Interpretive Techniques

Chapter

Statutory Interpretation Chapter 5

Events and Submissions/Topic

Weekly online tutorial discussions.

First Assignment due Monday 6th August

Topic 5 Begin Date: 13 Aug 2018

Module/Topic

Intrinsic Materials - The Statutory Components and the Text of the Act.

Chapter

Statutory Interpretation Chapters 6 & 7

Events and Submissions/Topic

Weekly online tutorial discussions


Topic 6 Begin Date: 20 Aug 2018

Module/Topic

Extrinsic Materials - Using Materials from Outside of the Act

Chapter

Statutory Interpretation Chapter 8

Events and Submissions/Topic

Weekly online tutorial discussions

Topic 7 Begin Date: 27 Aug 2018

Module/Topic

Common Law Approaches & Statutory Presumptions - Can they Still Help?

Chapter

Statutory Interpretation Chapters 9 & 10

Events and Submissions/Topic

Weekly online tutorial discussions

Topic 8 Begin Date: 03 Sep 2018

Module/Topic

Fundamental Human Rights - Do they Influence Interpretation

Chapter

Statutory Interpretation Chapter 11

Events and Submissions/Topic

Weekly online tutorial discussions.

Assignment Two due Monday 3rd September


A statutory interpretation problem Due: Week 8 Monday (3 Sept 2018) 9:00 am AEST
Topic 9 Begin Date: 10 Sep 2018

Module/Topic

International Law in Statutory Interpretation - Legislative Conformity.

Chapter

Statutory interpretation Chapter 12

Events and Submissions/Topic

Weekly online tutorial discussions

Topic 10 Begin Date: 17 Sep 2018

Module/Topic

Interpretation in Practice

Chapter

Statutory interpretation Chapters 13 & 14

Events and Submissions/Topic

Weekly online tutorial discussions

Take Home Paper in Week 12

Assessment Tasks

1 Written Assessment

Assessment Title
Research Exercise and Problem Question

Task Description

This assessment is presented in two parts with 10 marks allocated for each part.

Part 1 A research task which relates to the creation and understanding of Commonwealth legislation.  

Part 2 A short interpretation question answered by reference to reading up to Chapter 4 in the text book. 

2000 words


Assessment Due Date

Week 5 Monday (6 Aug 2018) 9:00 am AEST


Return Date to Students

Week 7 Monday (27 Aug 2018)


Weighting
20%

Assessment Criteria

  • 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.

Students should also familiarise themselves with the University policy on assessment which sets out the criteria for high distinctions, distinctions, credit and pass marks in some detail.



Referencing Style

Submission
Online

Submission Instructions
Word or PDF only. Name and student number in a header or footer.

Learning Outcomes Assessed
  • Apply skills in locating and using legislation, aids to interpretation and deployment of interpretive skills
  • Evaluate whether the exercise of statutory power is invalid
  • Analyse whether a law has a retrospective operation
  • Analyse whether a statutory offence contains a mental element (mens rea)
  • Analyse the scope of statutory power to make delegated legislation
  • Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Ethical practice

2 Written Assessment

Assessment Title
A statutory interpretation problem

Task Description

Solve a statutory interpretation problem question based on the material read in the second part of the course up to Chapter 9 in the text book.

2000 words


Assessment Due Date

Week 8 Monday (3 Sept 2018) 9:00 am AEST


Return Date to Students

Week 10 Monday (17 Sept 2018)


Weighting
20%

Assessment Criteria

  • 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
  • Conclusions are logical and demonstrate proper application of interpretation issues
  • All of the required elements of the task completed professionally and the work is concise and well presented.

Students should also familiarise themselves with the University policy on assessment which sets out the criteria for high distinctions, distinctions, credit and pass marks in some detail.


Referencing Style

Submission
Online

Submission Instructions
Word or PDF only. Name and student number in a header or footer.

Learning Outcomes Assessed
  • Apply skills in locating and using legislation, aids to interpretation and deployment of interpretive skills
  • Evaluate whether the exercise of statutory power is invalid


Graduate Attributes
  • Communication
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence

3 Written Assessment

Assessment Title
Online Take Home Paper

Task Description

Take Home Paper

In week 12 you will be presented with a take home paper 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.
  • A problem question 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.


Assessment Due Date

Due 48 hours from the day of release of the paper at the end of week 12 - Questions released Friday 5th October 2018 17:00 and responses due Sunday 7th October 2018 17:00. (NB. Date of release to be confirmed in week 2.)


Return Date to Students

Normal examination conditions apply. The final online paper is not returned to students. Take home paper results are released with certification of grade. Feedback is provided to the whole class in the form of an answer guide after the due date in accordance with University assessment policy.


Weighting
60%

Assessment Criteria

    • 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.
    • For the theory question logical conclusions which evidence understanding and consideration of material covered.
    • All of the required elements of the task completed professionally and the opinion is concise and well presented.

    Students should also familiarise themselves with the University policy on assessment which sets out the criteria for high distinctions, distinctions, credit and pass marks in some detail.


    Referencing Style

    Submission
    Online

    Learning Outcomes Assessed
    • Apply skills in locating and using legislation, aids to interpretation and deployment of interpretive skills
    • Evaluate whether the exercise of statutory power is invalid
    • Analyse whether a law has a retrospective operation
    • Analyse whether a statutory offence contains a mental element (mens rea)


    Graduate Attributes
    • Communication
    • Problem Solving
    • Critical Thinking
    • Information Literacy
    • Ethical practice

    Academic Integrity Statement

    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?