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
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
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 on the Moodle site.
A request for more timely feedback.
Endeavour to provide more detailed and more timely feedback much closer to the return date for the assessment pieces.
- 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.
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 | ||||||
| 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
2nd Edition (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)
- Microphone and camera for use with Zoom
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 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
Module/Topic
Using Interpretation Legislation
Chapter
Statutory Interpretation Chapter 3
Events and Submissions/Topic
Weekly online tutorial discussions
Module/Topic
Considering the Context & Purpose
Chapter
Statutory Interpretation Chapter 4
Events and Submissions/Topic
Weekly online tutorial discussions
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
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
Module/Topic
Extrinsic Materials - Using Materials from Outside of the Act
Chapter
Statutory Interpretation Chapter 8
Events and Submissions/Topic
Weekly online tutorial discussions
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
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
Module/Topic
International Law in Statutory Interpretation - Legislative Conformity.
Chapter
Statutory interpretation Chapter 12
Events and Submissions/Topic
Weekly online tutorial discussions
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
1 Written Assessment
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
Week 5 Monday (6 Aug 2018) 9:00 am AEST
Week 7 Monday (27 Aug 2018)
- 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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
2 Written Assessment
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
Week 8 Monday (3 Sept 2018) 9:00 am AEST
Week 10 Monday (17 Sept 2018)
- 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.
- Apply skills in locating and using legislation, aids to interpretation and deployment of interpretive skills
- Evaluate whether the exercise of statutory power is invalid
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
3 Written Assessment
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.
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.)
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.
- 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.
- 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)
- 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?
