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

There is no prescribed textbook for this course. A full list of readings will be made available on Wattle two weeks prior to the course commencement date.

Recommended Resources

Whether you are on campus or studying remotely, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the course - what is legislation and what is legislative drafting
2	Legislative power
3	Purpose and character of legislation
4	The role of the legislative drafter (and drafting office)
5	Legal context and environment
6	Legislative expression
7	Interpretation Acts and the mechanics of legislation
8	Tools and techniques of legislative drafting
9	Legislative components and devices
10	Drafting exercise - not assessed
11	Current issues in legislative drafting
12	Delegated legislation
13	The role of parliamentary scrutiny committees
14	Conclusion

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	13/10/2023	1,2,3,4
Drafting Exercise	20 %	23/10/2023	06/11/2023	3
(a) Drafting Exercise and Problem-based Assignment; or (b) Research Essay	70 %	17/11/2023	27/11/2023	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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills website. 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 any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class Participation

Details of Task: Students are expected to participate in class discussions and to be prepared to answer questions about the reading materials.

Nature of Task: Compulsory and non-redeemable. Failure to participate will result in a mark of zero for this task.

Weighting: 10%

Estimated Return Date: 13 October 2023

Assessment Criteria: Demonstrated preparation and engagement with topics, demonstrated achievement of learning outcomes 1, 2, 3 and 4.

Assessment Task 2

Drafting Exercise

Details of Task: Students will be required to draft legislative provisions based on drafting instructions. Further instructions will be provided on Wattle.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 20%

Release: 9 October 2023

Word Limit: 1,600 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 23 October 2023. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: 6 November 2023

Assessment Criteria: Analysis of instructions, legal effectiveness of provisions, selection and application of appropriate drafting techniques.

Assessment Task 3

(a) Drafting Exercise and Problem-based Assignment; or (b) Research Essay

Details of Task: Students will be required to complete either (a) a drafting exercise based on drafting instructions and their own background research and a series of problem-based questions; or (b) a research essay on a topic set by the convenor or their own topic if approved by the convenor.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 70%

Release: 9 October 2023

Word Limit: 5,500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 17 November 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 27 November 2023

Assessment Criteria: (a) Analysis of instructions, appropriate understanding of legal context through background research, legal effectiveness of provisions, clarity of drafting, analytical and research ability, demonstrated achievement of learning outcomes 1, 2, 3 and 4; (b) research ability, clarity of expression, demonstrated achievement of learning outcomes 1, 2, 3 and 4.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

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 Access 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