CQUniversity Unit Profile
LAWS12063 Advanced Statutory Interpretation and Drafting
Advanced Statutory Interpretation and Drafting
All details in this unit profile for LAWS12063 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

Advanced Statutory Interpretation and Drafting consolidates the skills of statutory interpretation which students have previously been taught and used throughout their studies. Students will now be challenged to write statutes, supporting extrinsic documents, and other legal documents at a professional level, utilising the skills of plain English and English grammar. Students will be required to understand, discuss and anticipate the formal techniques of statutory interpretation deployed by judges when interpreting statutes, in order to write statutes which will have the intended effect. Students will be expected to demonstrate mastery of general principles of statutory interpretation, but also specific techniques, including issues such as restrospectivity, the boundaries of statutory authority, and the impact of charters of rights. Students will use these skills to prepare an assessed package of legislative materials to amend the substantive law of their choice.

Details

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Prerequisite:- LAWS11061 & LAWS11062

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

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. Group Work
Weighting: 15%
2. Written Assessment
Weighting: 35%
3. Written Assessment
Weighting: 50%

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

Feedback

Participation grade

Recommendation

Clarify the requirements for participation

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Demonstrate knowledge of the interpretation and meaning of statutes based on domestic and international law.
  2. Apply problem solving and critical thinking skills to resolve complex statutory interpretation and drafting issues.
  3. Research extrinsic materials and use them to solve statutory interpretation issues.
  4. Structure and plan legal documents to achieve desired outcomes.
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
1 - Group Work - 15%
2 - Written Assessment - 35%
3 - Written Assessment - 50%

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Group Work - 15%
2 - Written Assessment - 35%
3 - Written Assessment - 50%
Textbooks and Resources

Textbooks

Prescribed

Statutory Interpretation in Australia 8th edn (2014)

Authors: Pearce, DC & Geddes, RS
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409336955
Binding: Paperback
Supplementary

The Complete Guide to English Usage for Australian Students 2011 (2011)

Authors: Ramsay
Cengage Learning Australia
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780170190848
Binding: Hardcover

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
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
Anthony Marinac Unit Coordinator
a.marinac@cqu.edu.au
Scott Beattie Unit Coordinator
s.beattie@cqu.edu.au
Schedule
Week 1 Begin Date: 10 Jul 2017

Module/Topic

Objectives and outcomes of statutory drafting

Chapter

Nil

Events and Submissions/Topic

Week 2 Begin Date: 17 Jul 2017

Module/Topic

Structure of statutes and legislative instruments

Chapter

Pearce & Geddes, Ch. 3; Ch.4

Events and Submissions/Topic

Week 3 Begin Date: 24 Jul 2017

Module/Topic

Common law canons of statutory interpretation

Chapter

Pearce & Geddes, Ch.2; Ch.4.

Events and Submissions/Topic

Week 4 Begin Date: 31 Jul 2017

Module/Topic

Professional use of English Grammar

Chapter

Ramsay, Chapters 19, 23, 24, 25

Events and Submissions/Topic

Week 5 Begin Date: 07 Aug 2017

Module/Topic

Legal Vocabulary

Chapter

Ramsay, Part 4

Events and Submissions/Topic

Written Assessment Due: Week 5 Friday (11 Aug 2017) 11:45 pm AEST
Vacation Week Begin Date: 14 Aug 2017

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2017

Module/Topic

Principles and Practice of Plain English

Chapter

Nil (Read at least two secondary readings)

Events and Submissions/Topic

Week 7 Begin Date: 28 Aug 2017

Module/Topic

The Acts Interpretation Acts

Chapter

Pearce & Geddes, Ch. 6.

Events and Submissions/Topic

Week 8 Begin Date: 04 Sep 2017

Module/Topic

Operative Clauses

Chapter

Pearce & Geddes, Ch. 11

Events and Submissions/Topic

Week 9 Begin Date: 11 Sep 2017

Module/Topic

Exclusion, Defence and Machinery Clauses

Chapter

Nil

Events and Submissions/Topic

Week 10 Begin Date: 18 Sep 2017

Module/Topic

Drafting Delegated Legislation

Chapter

Odgers Australian Senate Practice, Ch. 15

Events and Submissions/Topic

Written Assessment Due: Week 10 Friday (22 Sept 2017) 11:45 pm AEST
Week 11 Begin Date: 25 Sep 2017

Module/Topic

Correspondence and Affidavits

Chapter

Nil

Events and Submissions/Topic

Week 12 Begin Date: 02 Oct 2017

Module/Topic

Wills and Contracts

Chapter

Nil

Events and Submissions/Topic

Group Work Due: Week 12 Friday (6 Oct 2017) 11:45 pm AEST
Review/Exam Week Begin Date: 09 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 16 Oct 2017

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Group Work

Assessment Title
Group Work

Task Description

Each week, the unit notes outline drafting or interpretation tasks to be conducted by students. Students will receive an overall grade of up to 15 marks for participation in these tasks.

It is not expected that every student will attempt every exercise, every week. Students should put in a reasonable effort, attempting at least five or six exercises, including some of the more time consuming ones, over the course of the semester.

Students will also receive credit for commenting on, or assisting, the work of other students.

Students are welcome to contact the course co-ordinator at any time to inquire whether they are participating adequately. In addition, the lecturer will endeavour to alert any student who does not appear to be participating.


Assessment Due Date

Week 12 Friday (6 Oct 2017) 11:45 pm AEST


Return Date to Students

Monday (16 Oct 2017)


Weighting
15%

Assessment Criteria

Students will be assessed according to the following criteria, noting that a precise rubric will be released early in the unit:

1. Quality of tutorial exercise efforts posted by the student

2. Frequency of tutorial exercise efforts posted by the student (noting that quantity alone is not inevitably positive)

3. Quality of student observations about the exercises completed by other students

4. Demonstration of engagement with the lecture material and readings

5. Clear use of plain English

6. Where appropriate, demonstration of techniques of statutory interpretation and drafting at a professional level/


Referencing Style

Submission
Offline

Submission Instructions
Submission will be continuous, via the bulletin boards

Learning Outcomes Assessed
  • Demonstrate knowledge of the interpretation and meaning of statutes based on domestic and international law.
  • Apply problem solving and critical thinking skills to resolve complex statutory interpretation and drafting issues.
  • Research extrinsic materials and use them to solve statutory interpretation issues.
  • Structure and plan legal documents to achieve desired outcomes.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Cross Cultural Competence

2 Written Assessment

Assessment Title
Written Assessment

Task Description

For the first written assessment, you are to prepare a mock Cabinet submission proposing either a new law or an amendment to an existing law.

The Moodle instructions related to this task are extensive. You should read them carefully, several times, before attempting to complete this assessment. You should also consider the instructions for the second written assessment, as these two assessments link together.

Your final product should be no more than 3000 words.


Assessment Due Date

Week 5 Friday (11 Aug 2017) 11:45 pm AEST


Return Date to Students

Monday (21 Aug 2017)


Weighting
35%

Assessment Criteria

A detailed rubric will be released early in the unit. As a guide:

1. Has the student identified an area of law requiring reform and clearly articulated the need for reform?

2. Has the student identified and clearly expressed the current state of the law in that area?

3. Has the student identified various proposals for different legislative approaches?

4. Has the student clearly articulated a preferred approach, and the reasons why it is preferred?

5. Has the student identified and appropriately "spoken for" various stakeholder groups?

6. Is the submission written in plain English?

7. Is the submission well-proofread?


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Demonstrate knowledge of the interpretation and meaning of statutes based on domestic and international law.
  • Apply problem solving and critical thinking skills to resolve complex statutory interpretation and drafting issues.
  • Research extrinsic materials and use them to solve statutory interpretation issues.
  • Structure and plan legal documents to achieve desired outcomes.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work

3 Written Assessment

Assessment Title
Written Assessment

Task Description

For the second written assessment, you are to assume Cabinet has approved your Cabinet Submission (that is, your first assessment), with amendments made during the Cabinet meeting (equating to the comments made on your first assignment by the marker).

You are now to draft a bill, a second reading speech, and an explanatory memorandum for tabling in the parliament.

This assignment has no specific word limit, except that the second reading speech should not exceed 1000 words.


Assessment Due Date

Week 10 Friday (22 Sept 2017) 11:45 pm AEST


Return Date to Students

Exam Week Friday (20 Oct 2017)


Weighting
50%

Assessment Criteria

1. Has the student understood and appropriately responded to the nature of each of the three documents?

2. Does the Bill accurately reflect the Cabinet Submission (as amended)?

3. Is the Bill written in a clear drafting style?

4. Is the Bill legally sound?

5. Does the explanatory memorandum genuinely assist the reader to understand the Bill?

6. Does the second reading speech adequately explain the Bill's purpose?

7. Are all three documents well proofread, and written in clear, plain English?


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Demonstrate knowledge of the interpretation and meaning of statutes based on domestic and international law.
  • Apply problem solving and critical thinking skills to resolve complex statutory interpretation and drafting issues.
  • Research extrinsic materials and use them to solve statutory interpretation issues.
  • Structure and plan legal documents to achieve desired outcomes.


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

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?