Legislation crosses all boundaries of legal doctrine; there is virtually no field of the law that is not occupied by legislation in some shape or form.  Similarly, there are many disciplines besides the law itself in which legislation is an object of study.  From philosophy of law (jurisprudence), to sociology, politics and cultural studies (particularly interdisciplinary studies of law and literature), legislation is closely observed and analysed in the academic world.

Modern-day legal practice and academic legal study require expertise in working with legislation. Yet little attention has been paid to giving law students tools to understand the way in which legislation comes into being, and how it is interpreted.  This course aims, in some small degree, to remedy that deficiency.

Principal topics covered in the course include:

1.    What is legislation?
2.    The role of the legislative drafter
3.    Legislative drafting techniques
4.    The role of parliamentary scrutiny committees
5.    Legislative interpretation in the context of legislative drafting
6.    Delegated legislation and Commonwealth legislative instruments

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Identify, analyse and reflect on the different roles played by legislation in effecting regulatory and policy objectives and the influence these roles have in the approach to legislative drafting
2. Identify, analyse and reflect on the different influences on approaches to legislative drafting, including the role of parliamentary scrutiny committees, the approach of the courts to statutory interpretation, and interpretative Acts and Acts of general application.
3. Choose and apply a range of legislative drafting techniques to assist in the drafting of legislation and legislative instruments.
4. Examine, interpret and distinguish instruments of legislative character and the different ways in which that distinction is important, including the role of judicial scrutiny of those instruments.

Required Resources

E-Brick to be released on Wattle course website.

Recommended Resources

Federal Register of Legislation www.legislation.gov.au

AUSTLII: http://www.austlii.edu.au/

Office of Parliamentary Counsel: https://www.opc.gov.au/drafting-resources 

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Word length and excess word penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Saturday 10 October (9 am – 12.30 pm) Live online seminar 1a What is legislative drafting? 1b Drafter as planner	Before start of course, following issued: Workbook with course material for student reference and in-class exercises Minor assignment (due Wednesday 4 November, 5 pm)
2	Sunday 11 October (9 am – 12.30 pm) Live online seminar 2a: Drafting quiz 2b: Drafter as architect	Drafting Quiz– students expected to attempt quiz before class (non-assessable)
3	Sunday 11 October – Thursday 15 October Mid-week discussion via forum Role of the legislative drafter	Mid-week discussion forum: Students to contribute short comments (max 250 words). Assessable as class participation. Grade and feedback provided by Friday 6 November.
4	Saturday 17 October (9 am – 12.30 pm) Live online seminar 4a: Legislative drafting technique #1 [Basic issues] 4b: Legislative sentence analysis In-class exercises	Sat/Sun. overnight possible drafting exercise (non-assessable)
5	Sunday 18 October (9 am – 12.30 pm) Live online seminar 5a Legislative drafting [Time points] 5b Legislative drafting [definitions and deeming] 5c Criminal law drafting In-class exercises
6	Sunday 18 October – Thursday 22 October Mid-week discussion via discussion forum Plain language legislation	Mid-week discussion forum: Students to contribute short comments (max 250 words). Assessable as class participation. Grade and feedback provided by Friday 6 November.
7	Saturday 24 October (9 am – 12.30 pm) Live online seminar 7a Drafting administrative powers In-class exercises Acts Interpretation Act	Sat/Sun. overnight exercise on Acts Interpretation Act (non-assessable)
8	Sunday 25 October (9 am – 12.30 pm) Live online seminar 8a Steven Gardiner: Interpretation for the drafter 8b Drafting application and transitional provisions In-class exercises	Sat/Sun. overnight exercise on Acts Interpretation Act (non-assessable)
9	Sunday 25 October – Thursday 29 October Mid-week discussion via discussion forum Interpretation and drafting	Mid-week discussion forum: Students to contribute short comments (max 250 words). Assessable as class participation. Grade and feedback provided by Friday 6 November
10	Saturday 31 October (9 am – 12.30 pm) Live online seminar 10a: Gatekeepers: Paliamentary scrutiny 10b: Daniel Lovric: Quality Control - Human rights In-class exercises
11	Sunday 1 November (9 am – 12.30 pm) Live online seminar 11a Delegated legislation introduction In-class exercises Course review

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class participation	10 %	*	06/11/2020	1,2,3,4
Drafting exercise	20 %	04/11/2020	19/11/2020	3
Either: (a) Drafting exercise and problem based (take-home) assignment, or (b) Research essay	70 %	04/12/2020	24/12/2020	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in intensive mode via live video-conferencing, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to participate in ALL classes (and all of each class) conducted in this way.

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes (or access recodings of the class after the event), provided:

(a)   absences do not exceed a maximum of 25% of class time;

(b)  permission is requested in advance (or, if not able to be requested in advance, absence must be notified as soon as practicable); and

(c)   the request is supported, where appropriate, by adequate documentation; and

(d)  the student completes any make-up exercises or similar tasks assigned by the Course Convenor.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

Class participation

Details of Task: Class participation relates to a student’s engagement and participation in all classes including in both large and small group discussion. It also requires students to contribute to 3 mid-week blog discussion topics – see further below.

Assessment criteria:

• Engagement: this is the central aspect of class participation. Students who do not engage in classroom discussion, group activity and the blog posts will receive a mark commensurate with their participation:
• Volunteering and responding to questions and making comments on class in a way that is relevant to the subject matter, is respectful and responsive to others’ contributions, and is based on reading, experience, observation or reasoning;
• Listening respectfully to other persons, allowing others the opportunity to speak, acknowledging others’ contributions, and commenting on the merits of an argument and not on the person making it
• Students are required to participate in all classes conducted via live video conference, subject to the participation policy set out below. If classes are missed, the course convenor may require the student to submit make-up work, to be assessed as class participation. Failure to submit such work would be taken into account in such assessment.
• Students are also asked to post (approx 250 words each) to each of the 3 mid-week discussion forum topics by 5 pm on the Friday of the relevant week (that is, 16, 23 and 30 October. Forum topics are published in the Course Workbook, Vol. 1 and 2. Discussion forums are opened after the end of the first 3 Sunday sessions. Both quantity and quality of discussion forum posts will be taken into account in assessment for this task.
• Grade and feedback provided by Friday 6 November.

Assessment Task 2

Drafting exercise

Details of Task: Practical exercise in legislative drafting. Students will be asked to demonstrate fundamental drafting skills acquired during the first 3 weeks of class.

Length: 1,200 – 1,600 words (indicative).

Submission due: Wednesday 4 November, 5 pm. Students who do not submit an answer to this task will receive a nil grade for the task. On the 19th of November a model answer will be released with notes to assist students with the major assessment task.

Assessment Criteria:

• legal analysis and awareness of the impact of the legal environment on the draft
• critical analysis of any issues that arise in the exercise
• clarity and accuracy of expression
• coherent and logical structure
• demonstrated understanding of the relevant material from course to that point
• directness of response to the question asked.
• penalties will not be automatically applied for word length outside the indicative range, but a word count outside the range may affect consideration under the listed criteria.

Assessment Task 3

Either: (a) Drafting exercise and problem based (take-home) assignment, or (b) Research essay

Choice of either (a) Drafting exercise and problems - take-home assignment, or (b) Research essay

(a) Drafting exercise and problems - take-home assignment

Format: Students choosing this option will complete a drafting exercise and respond to a number of problem questions.

Issue date: Friday 30 October. Time will be allocated in the last session on Sunday 1 November to discuss the assignment.

Submission due: Friday 4 December 2020, 5 pm (as extended, if approved before the due date). Late submission without an extension will be permitted subject to the penalties and conditions set out below.

Length: There will be no word limit enforced but students are reminded that conciseness of expression and relevance in answering the problem are important assessment criteria.

Assessment Criteria:

• The drafting exercise will be similar to exercises undertaken in class and the minor assignment (task 2), and will be assessed according to the same criteria as task 2. Students will be expected to draw on all of the material and discussion in the course and not just that considered as part of the minor assignment (task 2).
• Problems will consist of a number of questions asking students to respond to a hypothetical situation by advising on the application of the legal principles considered in the course, including statutory interpretation and delegated legislation. Responses to these questions will be assessed on the basis of:
• Analysis/argument: development of a logically compelling argument, depth of analysis and level of critical examination of all of the issues raised by the problem, level of insight and innovative thought
• Organisation and structure: logical planning and sequence
• Writing: conciseness, fluency, intelligibility, compliance with conventions of spelling, grammar and syntax. The quality of English expression is considered to be an integral part of the assessment process.
• Citation and referencing: compliance with the College’s requirements on referencing (see style guide below), adequate and accurate referencing, consistency of referencing,
• Compliance: with instructions about presentation, word length, submission date etc. Students are reminded that the ANU College of Law takes issues of poor referencing and plagiarism very seriously and will act in such cases.

(b) Research essay

Format: Students choosing this option will submit a research paper, on a topic to be agreed in advance with the Course Convenor.

Issue date: Suggested topics will be released on Friday 30 October. Time will be allocated in the last session on Sunday 1 November for discussion of these topics and other suggestions by students.

Approval of Topic: Topic must be approved by the Course Convenor by 8 November.

Students will choose their own topic based on the material and discussion in the course. Suggestions for topics will be available at the conclusion of the course but students will be encouraged to develop their own topics in consultation with the Course Convenor. All students must have their topic approved by the Course Convenor.

The topic must:

• have strong legal content,
• allow for depth of research and
• be clearly connected to the issues discussed in the course and
• be focused around a clear theme - and have a clear point that it argues.

Submission due: Friday 4 December 2020, 5 pm (as extended, if approved before the due date). Late submission without an extension will be permitted subject to the penalties and conditions set out below.

Length: 4,200 – 5,600 words (indicative).

Assessment Criteria:

• As this assessment task requires students to conduct independent research, the criteria to be used in assessing the essays are:
• Research: evidence of comprehensive research and consideration of the relevant literature, demonstrated ability to critically evaluate and synthesize information and existing knowledge from a number of sources
• Analysis/argument: development of a logically compelling argument, depth of analysis and level of critical examination of the issues raised, level of insight and innovative thought
• Organisation and structure: logical planning and sequence
• Writing: Conciseness, fluency, intelligibility, compliance with conventions of spelling, grammar and syntax. The quality of English expression is considered to be an integral part of the assessment process.
• Citation and referencing: compliance with the College’s requirements on referencing (see style guide below), adequate and accurate referencing, consistency of referencing.
• Penalties will not be automatically applied for word length outside the indicative range, but a word count outside the range may affect consideration under the listed criteria.
• Compliance with instructions about presentation, word length (see previous point), submission date etc. Students are reminded that the ANU College of Law takes issues of poor referencing and plagiarism very seriously and will act in such cases.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students