• Offered by Law School
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law
  • Academic career Postgraduate
  • Course convener
    • AsPr Miriam Gani
    • Mr Daniel Stewart
  • Mode of delivery In Person
  • Offered in Spring Session 2016
    See Future Offerings

Legislation dominates the contemporary legal landscape.  Almost all fields of legal regulation involve legislation in some form. The ability to interpret and understand the operation of legislation is a skill essential to understanding law and its operation.
This course will provide an advanced study of the rules and principles governing statutory interpretation.
Students who have encountered statue law in a variety of contexts (criminal law, torts law, administrative law etc) and been introduced to the relevant common law principles, will benefit from a more detailed consideration of statutory interpretation as a fundamental skill involved in all areas of practice but particularly those areas involving government.
The course will cover the following topics:
•    The legislative process and its role in statutory interpretation, including the role of extrinsic materials
•    Approaches to the interpretation of legislation, including comparisons with interpretation of contracts and treaties.
•    Interpretation Acts and drafting conventions
•    Extrinsic and intrinsic aids to assist in interpretation, including role of legal assumption
•    Remedial, penal and fiscal provisions
•    Obligatory and discretionary provisions.
•    Commencement and retrospective effect of legislation
•    Consistency and contrariety of legislative provisions and legislation.

 

Learning Outcomes

At the completion of this course, it is intended that students who have successfully completed all of the course requirements will be able to:
  1. Explain, distinguish and apply the principles and process of statutory interpretation
  2. Compare, contrast and reflect on the theoretical concepts underlying and impacting on approaches to statutory interpretation and its application in professional practice.
  3. Plan, differentiate and prioritise approaches and materials used in statutory interpretation while working collaboratively.
  4. Select and apply a range of legal research principles and methods in interpreting legal instruments.

Other Information

This course is conducted online, however students who do not hold a law degree must attend the 2-day intensive on campus prior to completing the online component.  (see LLM Masters Program timetable for dates).

Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.

Indicative Assessment

To achieve the learning outcomes indicated, students will be assessed by way of:
  1. On-line exercises and group discussion (30%)
  2. Assignment - up to 2000 words (40%)
  3. Essay – up to 2000 words (30%)
Students must rely on the approved Course Study Guide which will be posted to the Wattle course website approximately 4 weeks prior to the commencement of the course

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

This course is conducted online, however students who do not hold a law degree must attend the 2-day intensive on campus prior to completion of the the online component.

The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.

Please see the LLM Masters Program timetable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B

Prescribed Texts

D.C. Pearce and R.S. Geddes, Statutory Interpretation in Australia (8th ed 2014, LexisNexis).

Indicative Reading List

Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.

An e-brick will be available on the Wattle course site.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
Band 3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2016 $3252
International fee paying students
Year Fee
2016 $4638
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery
9541 23 Sep 2016 30 Sep 2016 14 Oct 2016 23 Dec 2016 In Person

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions