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
Pre-requisites or Co-requisites
There are no requisites for this unit.
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 - 2024
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 Self-Reflection
Structure of the course
The course would benefit from a more generalisable content in the early weeks. This would allow students to understand basic concepts before they consider core interpretive issues. Additionally, this would help students enter courses on constitutional law, equity and trusts, and administrative law more prepared.
Feedback from Student feedback
First year matterial
The first 4 weeks will be structured as a first year introductory unit which help students grasp the nature of institutions in the legal system. Students have indicated that the subject matter of statutory interpretation is complex and difficult to follow for a first year student and accordingly, a complete revision of the course is going to be undertaken in 2025.
- Locate and interpret legislation, legislative instruments and related materials and apply them to practical scenarios.
- Analyse, evaluate and apply the statutory interpretation principles from the decisions of the High Court to factual problems.
- Communicate effectively in writing the theoretical concepts underpinning approaches to statutory interpretation.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 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 | |
| 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 | |||
Textbooks
Statutory Interpretation
- Edition: 2nd (2016)
- Authors: Michelle Sanson
- Oxford University Press
- Melbourne Melbourne , Victoria , Australia
- ISBN: 9780190304577
Statutory Interpretation Principles
- Edition: 2nd (2020)
- Authors: Perry Herzfeld and Thomas Prince
- Thomson Reuters
- ISBN: 9780455243603
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.
d.datar@cqu.edu.au
Week 1: Introduction to Statutory Interpretation
Begin Date: 04 Nov 2024Module/Topic
Overview of the unit - an introduction to statutory interpretation.
Chapter
Michelle Sanson, Statutory Interpretation, Chapters 1.
Events and Submissions/Topic
Weekly zoom session.
Week 2: Creation of Legislation
Begin Date: 11 Nov 2024Module/Topic
Enactment of Legislation.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 2
Events and Submissions/Topic
Weekly zoom session.
Week 3: Common Law Methods
Begin Date: 18 Nov 2024Module/Topic
Interpretation of legislation: Meaning of Words.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 9.
Adler v George (1964) 2 QB 7.
Richard A. Posner, 'Statutory Interpretation in the Classroom and in the Courtroom' (1983) 50 University of Chicago Law Review 800.
Events and Submissions/Topic
Weekly zoom session.
Week 4: Modern Approach to Statutory Interpretation
Begin Date: 25 Nov 2024Module/Topic
Intention and Statutory Interpretation.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 5
Events and Submissions/Topic
Weekly zoom session.
Research and Case Note Due: Week 4 Friday (29 Nov 2024) 11:59 pm AEST
Week 5: Textual Interpretation
Begin Date: 02 Dec 2024Module/Topic
The Text and Statutory Interpretation.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 7
Events and Submissions/Topic
Weekly zoom session.
Week 6: Context and Purpose
Begin Date: 09 Dec 2024Module/Topic
Context and Purpose
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 4.
Evans v. State of New South Wales [2008] FCAFC 130
Events and Submissions/Topic
Weekly zoom session.
Week 7 Intrinsic Materials
Begin Date: 16 Dec 2024Module/Topic
Intrinsic materials.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 6.
Events and Submissions/Topic
Weekly zoom session.
Solve a statutory interpretation problem Due: Week 7 Friday (20 Dec 2024) 11:59 pm AEST
Vacation Week
Begin Date: 23 Dec 2024Module/Topic
Chapter
Events and Submissions/Topic
No weekly zoom sessions.
Vacation Week
Begin Date: 30 Dec 2024Module/Topic
Chapter
Events and Submissions/Topic
No weekly zoom sessions.
Week 8: Extrinsic Materials
Begin Date: 06 Jan 2025Module/Topic
Extrinsic materials.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 8.
Events and Submissions/Topic
Weekly zoom session.
Week 9: Statutory Presumptions I
Begin Date: 13 Jan 2025Module/Topic
Principle of Legality.
Chapter
Dan Meagher 'The Principle of Legality as Clear Statement Rule: Significance and Problems' [2014] Sydney Law Review 19.
Athavle v State of New South Wales, [2021] FCA 1075; 290 FCR 406.
Events and Submissions/Topic
Weekly zoom session.
Week 10: Statutory Presumptions II
Begin Date: 20 Jan 2025Module/Topic
Statutory Presumptions beyond the principle of Legality.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 10
Events and Submissions/Topic
Weekly zoom session.
Week 11: Codes, Penal and Taxation Statutes, Human Rights and International Law.
Begin Date: 27 Jan 2025Module/Topic
Interpreting specific types of legislation and the influence of rights concepts and international law on statutory interpretation.
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 11, 12.
Events and Submissions/Topic
Weekly zoom session.
Week 12: Subordinate Legislation
Begin Date: 03 Feb 2025Module/Topic
The interpretation of subordinate legislation
Chapter
Michelle Sanson, Statutory Interpretation, Chapter 13.
Events and Submissions/Topic
Weekly zoom sessions.
Exam Week
Begin Date: 10 Feb 2025Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This assessment will be presented in two parts, and you will need to answer both parts, with 10 marks allocated for each part (Total weighting: 20% of grade).
Part 1 A description of the case including the facts, holding, and judicial reasoning.
Part 2 A short summary critique of the case,
Full details of the assessment task will be provided on the Moodle site for this unit after the commencement of term.
Total word count: 1500 words
Week 4 Friday (29 Nov 2024) 11:59 pm AEST
Extension requests must be made via Moodle with valid supporting documentation.
Week 6 Friday (13 Dec 2024)
Marked assignments will be returned via the Moodle site approx. 2-3 weeks after submission.
Assessment Criteria
| Criteria | Excellent | Good | Poor |
| Basic goals (15%): | |||
| 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 (2.5%): | |||
| Analytical ability | Demonstrated high level of analysis. | Some analytical skills demonstrated | Numerous analytical errors or omissions - limited to no analysis. |
| Skills (2.5%): | |||
| 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 familiarise themselves with the University policy on assessment which sets out the criteria for high distinctions, distinctions, credit and pass marks in some detail.
- Locate and interpret legislation, legislative instruments and related materials and apply them to practical scenarios.
- Communicate effectively in writing the theoretical concepts underpinning approaches to statutory interpretation.
2 Written Assessment
In this assessment, you will be given a statutory interpretation problem question, which will require you to advise a character based on the material covered throughout the module.
Full details of the assessment task will be provided on the Statutory Interpretation Moodle site after the commencement of the term.
2,000 words (maximum)
Week 7 Friday (20 Dec 2024) 11:59 pm AEST
I will only accept online submission of your work. Upload your work in a Word doc. (NOT PDF) in the following format: LastName_FirstName (unit name) Assessment 1.docx. I expect students to present their assessment work on time. Late penalties of 5% per day or part thereof apply.
Week 8 Monday (6 Jan 2025)
Marked assignments will be returned via the Moodle site in approx. 2-3 weeks after submission.
Assessment criteria
Students will be assessed on their ability to demonstrate high-level thinking and writing skills, comprehend and process the material, and provide a critical analysis and logical discussion of the law. Students are required to communicate clearly, logically and in a concise manner. Your paper must be presented in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.
| Criteria | Standards | ||||
| HD High Distinction | D Distinction | C Credit | P Pass | N Fail | |
| Your ability to identify issues | All issues are identified coherently with alternative issues addressed where relevant. | Most issues are identified in a logical and coherent manner. | Most issues are identified. | Attempts to identify issues. Some are missed or confused. | Understanding of the task not apparent. Limited or no attempt to identify issues. |
| Your knowledge of content including rules of statutory interpretation | Comprehensive/ detailed knowledge of relevant content and rules. Legal authority used consistently to support and develop argument. | In-depth knowledge of relevant content and rules. Legal authority mainly used to support and develop argument. | Reasonable knowledge of relevant content and rules. Reasonable use of legal authority to support and develop argument. | Evidence of limited knowledge of relevant content and rules. Some use of legal authority to support and develop argument. | Lacks evidence of knowledge of relevant content and rules. Little or no use of legal authority to support and develop argument. |
| Your ability to apply relevant law to issues | Clear application of relevant rules to issues and can transform concepts towards a novel conclusion. | Clear application of relevant rules to issues through critical analysis/thought. | Application of relevant rules to issues. Can categorise ideas and information in a predictable and standard format. | Attempts to apply rules to issues in a structured format. | Little or no attempt to apply relevant rules to issues. Understanding of task not apparent. |
| Your conclusions | Analytical and clear conclusions well grounded in relevant content and rules. | Good development shown in summary of arguments based in relevant content and rules. | Evidence of findings and conclusions grounded in relevant content and rules. | Limited evidence of findings and conclusions supported by relevant content and rules. | Unsubstantiated/ invalid conclusions based on generalisation only or no conclusions at all. |
| Your clarity of expression (spelling, grammar, punctuation); use of appropriate terminology; and overall structure | Fluent writing style and terminology appropriate to document. Grammar and spelling accurate. Appropriate and clear structure. | Language mainly fluent. Grammar and spelling mainly accurate. Mainly appropriate and clear structure. | Language reasonably fluent. Grammar and spelling reasonably accurate. Structure apparent. | Meaning apparent but language not always fluent. Grammar and/or spelling contain errors. Some structure. | Meaning unclear and/or grammar and/or spelling contain frequent errors. Lack of structure. |
| Your referencing in accordance with the AGLC | Referencing consistently accurate. | Referencing mainly accurate. | Referencing reasonably accurate. | Some attempt at referencing | Almost all referencing is incorrect or no attempt at referencing at all. |
- Locate and interpret legislation, legislative instruments and related materials and apply them to practical scenarios.
- Analyse, evaluate and apply the statutory interpretation principles from the decisions of the High Court to factual problems.
- Communicate effectively in writing the theoretical concepts underpinning approaches to statutory interpretation.
3 Written Assessment
The date for the take-home examination will be determined by the central administration, but it will take place in the CQU official exam period (week 13).
- This subject has an invigilated take-home examination of 2.5 hours (150 minutes) duration. Students should consult the Invigilated Take-Home Examination Guidelines, College of Law Criminology and Justice, available from the Laws Moodle site.
- Students must also have access to a reliable and adequate internet connection, and a computer, tablet, or laptop equipped with a working webcam, working microphone, Zoom installed and access to the unit Moodle Site via an internet browser.
- Submissions after the deadline will not be accepted.
- Failure to submit by the deadline will result in a mark of zero for this assessment as the exam will not be marked.
- Extensions are not available for this take-home exam.
- Exam conditions apply to all take-home exams.
- The final take home exam will not be released to students - results for this assessment must be withheld until the Certification of Grades date. Individual feedback will not be provided.
- Response must be submitted on Moodle. Submit your entire answer in a single Word (NOT PDF) document in the following format: LastName_FirstName (unit name)_Assessment 3.docx. Do not submit in multiple parts.
- You must not share your work with others or assist others with their work. You must not receive assistance from others, copy from others, or work with others on your exam paper.
- You must not plagiarise the work of others. Where you use another's work or idea, you must acknowledge the source of that work or idea. Where the text is a direct quote from the original source, this must be indicated in your work.
- Your answer must provide references for all sources relied upon in your work.
The take home exam is scheduled by University Central Administration and to be advised. You will need to ensure that you avoid other commitments on that day.
Normal exam conditions apply. The final take home exam is not returned to students. Results must be withheld until the Certification of Grades date. I will not provide personalised feedback. Your mark forms part of your grade for this unit. However, feedback is provided to the whole class in the form of an exam feedback report on the Certification of Grades date in accordance with the University Assessment Policy.
Students will be assessed on their ability to demonstrate high-level thinking and writing skills, comprehend and process the material, and provide a critical analysis and logical discussion of the law. Students are required to communicate clearly, logically and in a concise manner. Your paper must be presented 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
Evidence of the following:
- 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
Evidence of the following:
- A conscientious attempt to address the topic and/or answer the question
- Some indication 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
Evidence of the following:
- 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
- expressed the content well
- shown evidence of reading widely
- demonstrated understanding of the reading
- used referencing that is satisfactory
Distinction
Evidence of the following:
- 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
Evidence of the following:
- 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
- Conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- Reference to appropriate legislation for all issues
- Analyse, evaluate and apply the statutory interpretation principles from the decisions of the High Court to factual problems.
- Communicate effectively in writing the theoretical concepts underpinning approaches to statutory interpretation.
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?
