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LAWS11059 - Statutory Interpretation

General Information

Unit Synopsis

Statutory interpretation has a specific focus on locating and using legislation, aids to interpretation, and deployment of interpretative techniques. The course prepares students for determining whether the exercise of a statutory power is invalid if a condition or procedure regulating its exercise, is breached; determining whether a law has a retrospective operation; determining whether a statutory offence contains a mental ingredient to be proved by the prosecution (mens rea), and if so, what that ingredient is; determining the scope of a statutory power to make deleganted 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.

Details

Level Undergraduate
Unit Level 1
Credit Points 6
Student Contribution Band SCA Band 4
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Co-requisite: LAWS11057 Introduction to Law

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).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 3 - 2014

Term 2 - 2017 Profile
Distance
Term 3 - 2017 Profile
Distance
Term 2 - 2018 Profile
Distance
Term 3 - 2018 Profile
Distance
Term 2 - 2019 Profile
Online
Term 3 - 2019 Profile
Online
Term 2 - 2020 Profile
Online
Term 3 - 2020 Profile
Online
Term 1 - 2021 Profile
Online
Term 2 - 2021 Profile
Online
Term 3 - 2021 Profile
Online
Term 2 - 2022 Profile
Online
Term 3 - 2022 Profile
Online

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).

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.

Assessment Tasks

Assessment Task Weighting
1. Written Assessment 20%
2. Written Assessment 20%
3. Examination 60%

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

Past Exams

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Previous Feedback

Term 2 - 2020 : The overall satisfaction for students in the last offering of this course was 4.3 (on a 5 point Likert scale), based on a 28.87% response rate.

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.

Source: Student feedback
Feedback
Students have given feedback about their learning experience in this unit and expressed the desire for more materials on basic legal academic skills.
Recommendation
Provide more materials and recordings on legal academic skills. This is expected to equip students with legal academic literacy skills which is expected to translate to greater overall satisfaction in their learning experience in this unit. Scaffolding of this information in the first two weeks of content delivery instead of pushing students straight into difficult legal content.
Action Taken
TEAMS was used to enhance engagement between students and allow for a sense of being in a classroom with the unit co-ordinator monitoring discussions and answering queries.
Source: Student feedback
Feedback
Engagement is good but we always enjoy improving students' online experience through feeling a greater sense of belonging to a legal community.
Recommendation
A 'team teaching' approach with other staff members of the law discipline so that units preceding or delivered at the same time as this unit, can be better aligned - both in terms of content and dlivery - so students feel a sense of 'seamlessness'
Action Taken
First year and second year level co-ordinator's have been consulted more closely in the delivery of assessment items and content material.
Source: Moodle surveys
Feedback
Clarity and consistency of assessment tasks.
Recommendation
A peer-review system for reviewing assessment items before publication has been implemented at the first year level by the year level co-ordinators. This will ensure more consistency and clarity in assessment tasks.
Action Taken
Nil.
Source: Email
Feedback
Students expressed appreciation for the 'detailed and constructive feedback' on assessment tasks which they believed helped improve their performance throughout the unit.
Recommendation
Continue to provide detailed individual feedback in addition to general feedback evaluating the performance of the cohort as a whole. Holding review sessions or posting academic videos focusing on the particular skills that need improving.
Action Taken
Nil.
Source: Email
Feedback
Students noted that the 'content matter was challenging' due to the sheer volume and complexity of the area of law however, they still found the experience stimulating and rewarding. They expressed appreciation for the clarity afforded by the delivery and organisation of materials.
Recommendation
Innovate new ways of making complex material more accessible to first year law students by reviewing a common source of legislation to apply statutory interpretation principles learned throughout the term.
Action Taken
Nil.
Unit learning Outcomes

On successful completion of this unit, you will be able to:

  1. Demonstrate skills in researching and interpreting legislation, legislative instruments and related material.
  2. Analyse and critically reflect on the application and interpretation of legislation, legislative instruments and related material.
  3. Explain how legislation and legislative instruments are made and amended.
  4. Describe and apply different approaches to statutory interpretation.

Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment
2 - Written Assessment
3 - Examination
Alignment of Graduate Attributes to Learning Outcomes
Introductory Level
Intermediate Level
Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
Alignment of Assessment Tasks to Graduate Attributes
Introductory Level
Intermediate Level
Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment
2 - Written Assessment
3 - Examination