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
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
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
Participation grade
Clarify the requirements for participation
- 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.
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 | ||||
| 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 - Group Work - 15% | ||||||||||
| 2 - Written Assessment - 35% | ||||||||||
| 3 - Written Assessment - 50% | ||||||||||
Textbooks
Statutory Interpretation in Australia
Edition: 8th edn (2014)
Authors: Pearce, DC & Geddes, RS
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409336955
Binding: Paperback
The Complete Guide to English Usage for Australian Students
Edition: 2011 (2011)
Authors: Ramsay
Cengage Learning Australia
South Melbourne South Melbourne , Victoria , Australia
ISBN: 9780170190848
Binding: Hardcover
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
a.marinac@cqu.edu.au
s.beattie@cqu.edu.au
Module/Topic
Objectives and outcomes of statutory drafting
Chapter
Nil
Events and Submissions/Topic
Module/Topic
Structure of statutes and legislative instruments
Chapter
Pearce & Geddes, Ch. 3; Ch.4
Events and Submissions/Topic
Module/Topic
Common law canons of statutory interpretation
Chapter
Pearce & Geddes, Ch.2; Ch.4.
Events and Submissions/Topic
Module/Topic
Professional use of English Grammar
Chapter
Ramsay, Chapters 19, 23, 24, 25
Events and Submissions/Topic
Module/Topic
Legal Vocabulary
Chapter
Ramsay, Part 4
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Principles and Practice of Plain English
Chapter
Nil (Read at least two secondary readings)
Events and Submissions/Topic
Module/Topic
The Acts Interpretation Acts
Chapter
Pearce & Geddes, Ch. 6.
Events and Submissions/Topic
Module/Topic
Operative Clauses
Chapter
Pearce & Geddes, Ch. 11
Events and Submissions/Topic
Module/Topic
Exclusion, Defence and Machinery Clauses
Chapter
Nil
Events and Submissions/Topic
Module/Topic
Drafting Delegated Legislation
Chapter
Odgers Australian Senate Practice, Ch. 15
Events and Submissions/Topic
Module/Topic
Correspondence and Affidavits
Chapter
Nil
Events and Submissions/Topic
Module/Topic
Wills and Contracts
Chapter
Nil
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Group Work
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.
Week 12 Friday (6 Oct 2017) 11:45 pm AEST
Monday (16 Oct 2017)
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/
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Cross Cultural Competence
2 Written Assessment
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.
Week 5 Friday (11 Aug 2017) 11:45 pm AEST
Monday (21 Aug 2017)
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?
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
3 Written Assessment
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.
Week 10 Friday (22 Sept 2017) 11:45 pm AEST
Exam Week Friday (20 Oct 2017)
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?
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
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?
