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 3 - 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.

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 (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)
  • 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
John Milburn Unit Coordinator
j.a.milburn@cqu.edu.au
Schedule
Week 1 Introduction to Statutory Interpretation 05/11/2018 Begin Date: 05 Nov 2018

Module/Topic

Introduction to Statutory Interpretation

Chapter

Sanson chapter 1

Events and Submissions/Topic

Week 2 Creating Legislation 12/11/2018 Begin Date: 12 Nov 2018

Module/Topic

Creating Legislation

Chapter

Sanson chapter 2

Events and Submissions/Topic

Week 3 Interpreting Legislation 19/01/2018 Begin Date: 19 Nov 2018

Module/Topic

Interpreting Legislation

Chapter

Sanson chapter 3

Events and Submissions/Topic

Week 4 Context & Purpose 26/11/2018 Begin Date: 26 Nov 2018

Module/Topic

Context & Purpose

Chapter

Sanson chapter 4

Events and Submissions/Topic

Vacation Week Begin Date: 03 Dec 2018

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Intention and Interpretive Techniques 10/12/2018 Begin Date: 10 Dec 2018

Module/Topic

Intention and Interpretive Techniques

Chapter

Sanson chapter 5

Events and Submissions/Topic

Case Note and Research Due: Week 5 Thursday (13 Dec 2018) 11:45 pm AEST
Week 6 Intrinsic Materials: Statute Components 17/12/2018 Begin Date: 17 Dec 2018

Module/Topic

Intrinsic Materials: Statute Components

Chapter

Sanson chapter 6 

Events and Submissions/Topic

Week 7 Intrinsic Materials: The Text 31/12/18 Begin Date: 31 Dec 2018

Module/Topic

Intrinsic Materials: The Text

Chapter

Sanson chapter 7 

Events and Submissions/Topic

Week 8 Extrinsic Materials 07/01/2019 Begin Date: 07 Jan 2019

Module/Topic

Extrinsic Materials

Chapter

Sanson chapter 8 

Events and Submissions/Topic

Solve a statutory interpretation problem Due: Week 8 Thursday (10 Jan 2019) 11:45 pm AEST
Week 9 Traditional Common Law Approaches 14/01/2019 Begin Date: 14 Jan 2019

Module/Topic

Traditional Common Law Approaches

Chapter

Sanson chapter 9

Events and Submissions/Topic

Week 10 Statutory Presumptions 21/01/2019 Begin Date: 21 Jan 2019

Module/Topic

Chapter

Sanson chapter 10 

Events and Submissions/Topic

Week 11 Fundamental Human Rights in International Law 28/01/2019 Begin Date: 28 Jan 2019

Module/Topic

Fundamental Human Rights in International Law

Chapter

Sanson chapters 11, 12, 13 and 14 

Events and Submissions/Topic

Week 12 Review and Take Home Paper Week 04/02/2019 Begin Date: 04 Feb 2019

Module/Topic

Review and Take Home Paper Week

Chapter

No prescribed reading this week

Events and Submissions/Topic

Take-Home Paper Due: Week 12 Friday (8 Feb 2019) 11:45 pm AEST
Assessment Tasks

1 Written Assessment

Assessment Title
Case Note and Research

Task Description

Presented in two parts with 10 marks allocated for each part.

Part 1 A research task.

Part 2 A short interpretation question you can answer by reference to interpretation legislation and cases.


Assessment Due Date

Week 5 Thursday (13 Dec 2018) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the cut-off date, which is Saturday, 22 December 2018. If you do not submit your work by the cut-off date, I will award you a 'nil' mark.


Return Date to Students

Week 7 Saturday (31 Dec 2022)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks soon after the cut-off date.


Weighting
20%

Assessment Criteria

Criteria Excellent Good Poor
Basic goals (30%):
Identification of primary issues Identification of all major issues. Identification of most major issues. Identification of some major issues.
Demonstrated understanding of the subject matter Excellent demonstrated understanding of the subject matter. Good / Some understanding of the subject matter. Lacks understanding of the subject matter.
Structured argument Well structured arguments. Reasonably structured argument. Poorly structured argument.
Higher order goal (5%):
Analytical ability Demonstrated high level of analysis. Some analytical skills demonstrated Numerous analytical errors or omissions - limited to no analysis.
Skills (5%):
Demonstrated clear and concise written expression Clear and concise written expression. Some unclear or verbose written expression. Numerous examples of unclear or verbose written expression.
Spelling and grammar No identifiable spelling or grammatical issues. Minor spelling or grammatical issues. Numerous spelling or grammatical issues.
Plain English drafting No Plain English drafting errors. Some Plain English drafting errors. Numerous Plain English drafting errors.


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
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

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
Solve a statutory interpretation problem

Task Description

I will ask you to solve a statutory interpretation problem question.


Assessment Due Date

Week 8 Thursday (10 Jan 2019) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the cut-off date, which is Saturday, 19 January 2019. If you do not submit your work by the cut-off date, I will award you a 'nil' mark.


Return Date to Students

Week 10 Monday (21 Jan 2019)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).


Weighting
20%

Assessment Criteria

Basic goals (30%):
Identification of primary issues Identification of all major issues. Identification of most major issues. Identification of some major issues.
Demonstrated understanding of the subject matter Excellent demonstrated understanding of the subject matter. Good / Some understanding of the subject matter. Lacks understanding of the subject matter.
Structured argument Well structured arguments. Reasonably structured argument. Poorly structured argument.
Higher order goal (5%):
Analytical ability Demonstrated high level of analysis. Some analytical skills demonstrated Numerous analytical errors or omissions - limited to no analysis.
Skills (5%):
Demonstrated clear and concise written expression Clear and concise written expression. Some unclear or verbose written expression. Numerous examples of unclear or verbose written expression.
Spelling and grammar No identifiable spelling or grammatical issues. Minor spelling or grammatical issues. Numerous spelling or grammatical issues.
Plain English drafting No Plain English drafting errors. Some Plain English drafting errors. Numerous Plain English drafting errors.


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
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

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
Take-Home Paper

Task Description

You have (just over) one day to complete a (total maximum) 2000-word reply to the task.

Notes

  • Working to a short deadline and submitting work on time is part of the assessment.
  • You must complete this assessment task by Friday 8 February 2019 at 11:45 PM (Qld). In the absence of an approved extension, you will not have an opportunity to complete the task after this date. There will be no opportunity to apply a late penalty of five per cent per day and you will receive a mark of zero for this assessment task.
  • I will not return the final take home paper to students. I will not provide personalised feedback. Your mark forms part of your grade for this unit.
  • I require you to upload your assessment through the Moodle course website. Submit your entire answer, including your outline of submissions, in a single Word (not PDF) document. Do not submit in multiple parts.
  • You may consult with peers at your discretion, but the final answer must be yours and I will check it via Turnitin for originality. When sharing ideas, it is important to retain something original for your own response. This is an individual assessment and you may not collude; which means that you cannot act together to cheat or to plagiarise or engage in academic misconduct.


Assessment Due Date

Week 12 Friday (8 Feb 2019) 11:45 pm AEST

You must complete this assessment task by Friday 8 February 2019 at 11:45 PM (Qld). In the absence of an approved extension, you will not have an opportunity to complete the task after this date. There will be no opportunity to apply a late penalty of five per cent per day and you will receive a mark of zero for this assessment task.


Return Date to Students

I will provide class feedback. I will not return the final take home paper to students. I will not provide personalised feedback. Your mark forms part of your grade for this unit.


Weighting
60%

Assessment Criteria

I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly, logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.

Fail

You will have shown evidence of the following:

  • the written expression is poor and difficult to understand
  • the answer is poorly organised
  • referencing is generally inadequate
  • lack of familiarity with the legislation and its application
  • failure to identify and address the issues in the question
  • reasoning and application demonstrated is poor

Pass

You will have:

  • made a conscientious attempt to address the topic and/or answer the question
  • shown evidence of having done the required reading and of having understood the reading
  • presented a reasonable argument to back up your conclusions
  • demonstrated a reasonable level of spelling and grammatical usage
  • used referencing but this may need improvement
  • issues that may need to be identified and addressed in more depth

Credit

You will have:

  • addressed the topic and/or answered the question directly
  • presented soundly based arguments and backed these up with reasons
  • gone beyond description to analysis of key issues
  • used the English language well
  • shown evidence of reading widely
  • demonstrated understanding of the reading
  • used referencing that is satisfactory

Distinction

You will have:

  • met the above criteria for a credit
  • demonstrated the attainment of a high degree of understanding of the concepts of the unit
  • demonstrated deep insight into the application of knowledge and skills to complex theoretical and practical situations
  • used referencing correctly
  • referred to all appropriate legislation

High Distinction

You will have:

  • met the above criteria for a distinction
  • demonstrated the attainment of an outstanding level of achievement regarding the objectives of this unit
  • demonstrated an interesting and/or original approach/idea/argument
  • demonstrated mastery of the relevant referencing system
  • ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
  • ensured your references are made to the appropriate legislation for issues


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that you include your name in the name of the saved document.

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?