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 - 2019
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 John Milburn
In term 2, 2018 for LAWS12063, I used UCROO as the primary online discussion platform for students. UCROO is to be phased out.
Use the Q&A platform in Moodle as the primary discussion forum.
- 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 - First Nations Knowledges | ||||
| 11 - 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 | 11 | |
| 1 - Group Work - 15% | |||||||||||
| 2 - Written Assessment - 35% | |||||||||||
| 3 - Written Assessment - 50% | |||||||||||
Textbooks
Statutory Interpretation in Australia
- Edition: 8th (2014)
- Authors: Pearce, DC & Geddes, RS
- LexisNexis Butterworths
- Sydney Sydney , NSW , Australia
- ISBN: 9780409340563
- Binding: Paperback
The Complete Guide to English Usage for Australian Students
- Edition: 6th (2018)
- Authors: Margaret Ramsay
- Cengage Learning Australia
- South Melbourne South Melbourne , VIC , Australia
- ISBN: 9780170418638
- Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
j.a.milburn@cqu.edu.au
Week 1 Objectives and Outcomes of Statutory Drafting
Begin Date: 15 Jul 2019Module/Topic
Objectives and Outcomes of Statutory Drafting
Chapter
No prescribed reading
Events and Submissions/Topic
Week 2 Structure of Statutes and Legislative Instruments
Begin Date: 22 Jul 2019Module/Topic
Structure of Statutes and Legislative Instruments
Chapter
Pearce & Geddes, Chapter 3, “Extrinsic Aids to Interpretation”
Pearce & Geddes, Chapter 4, pp. 191-209 “Framework of the Act”
Events and Submissions/Topic
Week 3 The Common Law Canons of Statutory Interpretation
Begin Date: 29 Jul 2019Module/Topic
The Common Law Canons of Statutory Interpretation
Chapter
Pearce & Geddes, Ch. 4, pp. 146 – 169
Pearce & Geddes, Ch. 2, pp. 35 – 41
Events and Submissions/Topic
Week 4 Professional Use of English Grammar
Begin Date: 05 Aug 2019Module/Topic
Professional Use of English Grammar
Chapter
Ramsay, Chapter 19, pp. 47-48
Ramsay, Chapter 19, pp. 51-54
Ramsay, Chapter 23
Ramsay, Chapter 24
Ramsay, Chapter 25
Events and Submissions/Topic
Week 5 Legal Vocabulary
Begin Date: 12 Aug 2019Module/Topic
Legal Vocabulary
Chapter
Ramsay, Part 4
Events and Submissions/Topic
Vacation Week
Begin Date: 19 Aug 2019Module/Topic
Chapter
Events and Submissions/Topic
Week 6 Principles and Practice of Plain English
Begin Date: 26 Aug 2019Module/Topic
Principles and Practice of Plain English
Chapter
No prescribed reading
Events and Submissions/Topic
Week 7 The Acts Interpretation Acts
Begin Date: 02 Sep 2019Module/Topic
The Acts Interpretation Acts
Chapter
Pearce & Geddes, Ch. 6
Events and Submissions/Topic
Week 8 Drafting Statutes: Operative Clauses
Begin Date: 09 Sep 2019Module/Topic
Drafting Statutes: Operative Clauses
Chapter
Pearce & Geddes, Ch. 11, pp. 439-456
Events and Submissions/Topic
Week 9 Drafting Statutes: Exclusions, Defence and Machinery Clauses
Begin Date: 16 Sep 2019Module/Topic
Drafting Statutes: Exclusions, Defence and Machinery Clauses
Chapter
No prescribed reading
Events and Submissions/Topic
Week 10 Drafting Subordinate Legislation
Begin Date: 23 Sep 2019Module/Topic
Drafting Subordinate Legislation
Chapter
Odgers Australian Senate Practice, Ch. 15, “Delegated Legislation and Disallowance”
Events and Submissions/Topic
Week 11 Professional Legal Drafting: Correspondence and Affidavits
Begin Date: 30 Sep 2019Module/Topic
Professional Legal Drafting: Correspondence and Affidavits
Chapter
No prescribed reading
Events and Submissions/Topic
Week 12 Professional Legal Drafting: Wills and Contracts
Begin Date: 07 Oct 2019Module/Topic
Professional Legal Drafting: Wills and Contracts
Chapter
No prescribed reading
Events and Submissions/Topic
Participation Due: Week 12 Wednesday (9 Oct 2019) 11:45 pm AEST
1 Written Assessment
For assessment 1, you are to prepare a mock Cabinet submission proposing either a new law or an amendment to an existing law. The instructions related to this task are extensive. You should read them carefully, several times, before attempting to complete this assignment. You should also consider the instructions for assessment 2, as these two assessments link together. I require you to upload your assessment through the Moodle course website. Submit your entire answer in a single Word 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. There is no prescribed format or template for this assignment and its final form will reflect your own individual and evolving approach to law and legal problems. I will assess you on your ability to communicate your process. Please reference external resources using the Australian Guide to Legal Citations.
Week 7 Thursday (5 Sept 2019) 11:45 pm AEST
I expect students to present their assessment 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. Because I release the task at the start of term, you are less likely to obtain an extension even if supported by documentation, than would be the case if I released the task shortly before the time it was due. If you make an application for an extension of time, you should understand that I consider several factors in deciding whether the request for sustainable or not. I encourage you to allow for contingencies. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 14 September 2019 (AEST). Beyond that date, in the absence of an approved extension, you will not have an opportunity to complete the task and after that date, you will receive a mark of zero for this assessment task.
Week 9 Monday (16 Sept 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).
There is a 3000-word limit. I exclude material included in footnote referencing from the word count. Unless included in a footnote, I include direct quotes in the word count. I will not allow some flexibility on the word count. Experience would suggest to me that you submit at least 2000 words. If not, add something of value to your work to reach my suggested minimum word count. You must exercise your own discretion to determine where you use your words in this assessment. In real life, you must do so, and this exercise reflects this reality. I do not prescribe marks for specific aspects of the question. That does not occur in real life and this exercise reflects this reality. It is for you to determine where to place the appropriate emphasis. Your answer should reflect the relative importance, as you see it, of the individual components of the question. 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 issues relevant to a mock Cabinet submission. Students are required to communicate an answer clearly and 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 reference your work appropriately and attribute the work of others.
High distinction standard
- You wrote your answer very well and expressed yourself clearly and concisely
- You presented your paper in a logical structure
- You demonstrated an appreciation and understanding of the issues involved
- You backed your answer by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- You produced a sophisticated analysis from a variety of perspectives
- You demonstrated mastery of the AGLC referencing system
Distinction Standard
- Your answer is well written and expressed
- You produced a well-structured and logical paper
- You clearly identified, and appreciated, legal issues
- You referenced your material correctly
- You referred to appropriate case law, but your analysis and interpretation was not as detailed and reasoned as for high distinction standard
Credit Standard
- Your answer is generally well written and expressed
- Your paper is well structured and sequential
- Your coverage of issues is reasonably comprehensive with a good treatment and analysis
- Referencing is satisfactory
- Your analysis is not as detailed and reasoned as for distinction standard
Pass Standard
- I could follow and understand your paper
- You could better organise and structure your paper
- You could identify and address issues in more depth
- Your paper is confusing or incorrect
- Core facts/issues not clearly understood or identified
- You demonstrated some familiarity with legislation and case law
- Your conclusions reached are somewhat simplistic
- You included quantities of material of marginal relevance in your paper
- Referencing needs improvement
- Your analysis is not as detailed and reasoned as for credit standard
- 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
2 Written Assessment
For assessment 2, you are to assume cabinet has approved your assessment 1 cabinet submission, with amendments made during the cabinet meeting (equating to the comments made on your first assessment by the lecturer). ou are now to draft the documents necessary for tabling in the parliament. require you to upload your assessment through the Moodle course website. Submit your entire answer in a single Word document. Do not submit in multiple parts. ou 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. There is no prescribed format or template for this assignment and its final form will reflect your own individual and evolving approach to law and legal problems. I will assess you on your ability to communicate your process. Please reference external resources using the Australian Guide to Legal Citations.
Week 12 Wednesday (9 Oct 2019) 11:45 pm AEST
I expect students to present their assessment 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. Because I release the task at the start of term, you are less likely to obtain an extension even if supported by documentation, than would be the case if I released the task shortly before the time it was due. If you make an application for an extension of time, you should understand that I consider several factors in deciding whether the request for sustainable or not. I encourage you to allow for contingencies. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 12 October 2019 (AEST). Beyond that date, in the absence of an approved extension, you will not have an opportunity to complete the task and after that date, you will receive a mark of zero for this assessment task.
Review/Exam Week Monday (14 Oct 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 4 days after the due date).
There is no word limit. I do provide some guidance as to recommended word count for each section. You must exercise your own discretion to determine where you use your words in this assessment. In real life, you must do so, and this exercise reflects this reality. I do not prescribe marks for specific aspects of the question. That does not occur in real life and this exercise reflects this reality. It is for you to determine where to place the appropriate emphasis. Your answer should reflect the relative importance, as you see it, of the individual components of the question. 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 issues relevant to a mock Cabinet submission. Students are required to communicate an answer clearly and 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 reference your work appropriately and attribute the work of others.
High distinction standard
- You wrote your answer very well and expressed yourself clearly and concisely
- You presented your paper in a logical structure
- You demonstrated an appreciation and understanding of the issues involved
- You backed your answer by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- You produced a sophisticated analysis from a variety of perspectives
- You demonstrated mastery of the AGLC referencing system
Distinction Standard
- Your answer is well written and expressed
- You produced a well-structured and logical paper
- You clearly identified, and appreciated, legal issues
- You referenced your material correctly
- You referred to appropriate case law, but your analysis and interpretation was not as detailed and reasoned as for high distinction standard
Credit Standard
- Your answer is generally well written and expressed
- Your paper is well structured and sequential
- Your coverage of issues is reasonably comprehensive with a good treatment and analysis
- Referencing is satisfactory
- Your analysis is not as detailed and reasoned as for distinction standard
Pass Standard
- I could follow and understand your paper
- You could better organise and structure your paper
- You could identify and address issues in more depth
- Your paper is confusing or incorrect
- Core facts/issues not clearly understood or identified
- You demonstrated some familiarity with legislation and case law
- Your conclusions reached are somewhat simplistic
- You included quantities of material of marginal relevance in your paper
- Referencing needs improvement
- Your analysis is not as detailed and reasoned as for credit standard
- 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
3 Group Work
I look for quality more than quantity when assessing participation. Participation does not require you to attend live Zoom sessions. I do not require you to provide a response to every problem. I do encourage you to contribute. One of the best ways to do that is to engage in discussions through Moodle. I encourage genuine collaboration and appropriate sharing of material. I will hide your participation mark until certification of grades.
Week 12 Wednesday (9 Oct 2019) 11:45 pm AEST
Progressive assessment. Please upload your participation document through Moodle in the usual manner by Wednesday 9 October 2018 at 11:45 PM. I will impose a penalty deduction of 5% per day for late work, but only until the nominated cut-off date, Saturday 12 October 2019. Beyond that date, in the absence of an approved extension, you will not have an opportunity to complete the task and after that date, you will receive a mark of zero for this assessment task. In your Word document, please identify (by cut and paste if you wish) what you have done by way of contribution in Moodle or otherwise. Please identify whether you participated live in the weekly Zoom sessions or whether you viewed the sessions at a later time.
No personalised feedback.
I encourage participation and collaboration. By assigning 15% of the overall grade for participation my intention is to encourage students to participate in class discussion, to prepare for discussions by undertaking prescribed and supplementary reading and to encourage genuinely proactive discussion. I value interaction and proactive contributions. I look for contributions that assist in the sharing of ideas in a supportive and collegial environment. I encourage students to reflect on issues and problems they consider or encounter while studying this unit. I look for clearly articulated ideas and well-presented and well-structured material. I appreciate that students may share different views on topics and accordingly I value positive responses to criticisms or alternate perspectives. I value students who initiate discussion and actively seek elaboration from other students. I also value the contributions of students who build on the ideas and contributions of their peers (and the lecturer).
- 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
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?
