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 statute 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 the role of legal assumption;
• Remedial, penal and fiscal provisions;
• Obligatory and discretionary provisions;
• Commencement and retrospective effect of legislation; and
• Consistency and contrariety of legislative provisions and legislation.

To develop their knowledge and skills, students will engage in a range of learning activities, which includes lectures and drafting workshops.

 

Learning Outcomes

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

1. Interpret, 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 to draft statutory text.
4. Select and apply a range of legal research principles and methods in interpreting legal instruments.

Required Resources

Prescribed Texts:

• Perry Herzfeld and Thomas Prince, Interpretation (Thomson Reuters, 2nd ed, 2020);
• Dennis Pearce, Statutory Interpretation in Australia (LexisNexis Butterworths, 9th ed, 2019); and
• A full list of readings/E brick will also be made available on Wattle two weeks prior to the course commencement date.

 

Required Legislation:

• Acts Interpretation Act 1901 (Cth);
• Legislation Act 2001 (ACT); and
• Interpretation Act 1987 (NSW).

 

Recommended Reading:

• Office of Parliamentary Counsel Drafting Manuals - available at https://www.opc.gov.au/drafting-resources/drafting-manuals

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 on individual assessments
• verbal comments in class
• feedback to the whole class with general written comments on each assessment task

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.

Other Information

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

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

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

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.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to statutory interpretation,words and rules, statutory forms and processes	4pm - 6pm, Monday 6 May & Wednesday 8 May
2	Interpretation Acts, Text and Context I	4pm - 6pm, Monday 13 May & Wednesday 15 May
3	Text and Context II, Purpose	4pm - 6pm, Monday 20 May & Wednesday 22 May
4	Statutes and the Common law - presumptions, codes	4pm - 6pm, Monday 27 May & Wednesday 29 May
5	Drafting Workshop	2pm - 4pm & 4pm - 6pm, Monday 3 June
6	Drafting concepts - questions and specific clauses	4pm - 6pm, Wednesday 12 June
7	Specific areas - human rights, civil liability, treaties and contracts	4pm - 6pm, Tuesday 18 June & Wednesday 19 June

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
Statutory Interpretation Case Study	40 %	30/05/2024	12/06/2024	1, 2, 4
Drafting Assignment	60 %	01/07/2024	22/07/2024	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

In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular online attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.

Examination(s)

There are no examinations for this course.

Assessment Task 1

Statutory Interpretation Case Study

Details of Task: Students will undertake a case analysis of a selected case pending in the High Court of Australia which raises issues of statutory interpretation. Students will address their selected topic by (a) considering the constructional choice involved in the matter, (b) identifying the best arguments for appellant and respondent on that constructional choice, (c) producing a reasoned and clearly expressed argument which resolves that constructional choice and (d) which reflects on the nature and process of statutory interpretation.

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

Weighting: 40%

Release: Monday 6 May 2024

Word Limit: 2,500 words (excl footnotes). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Non discursive 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, Thursday 30 May 2024. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Wednesday 12 June 2024

Assessment Criteria:

• Demonstrated understanding of principles of statutory interpretation
• Demonstrated understanding of methods of statutory interpretation
• Ability to produce a reasoned argument based on legislation and case law
• Evidence of independent research and analysis
• Clear and succinct writing

Assessment Task 2

Drafting Assignment

Details of Task: Students will produce a first draft of proposed legislation from a hypothetical set of drafting instructions. Students will analyse policy issues raised by the drafting instructions, consider the appropriate structure of legislation, and draft core provisions using appropriate legislative form and language to give effect to the drafting instructions. The drafting assignment is worth 30%. Students will then reflect on the way in which the principles of statutory interpretation influenced the composition of their draft. The reflection piece is worth 30%. Overall, this assessment task is worth 60%.

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

Weighting: 60%

Release: Thursday 23 May 2024

Word Limit: Draft statute 2,000 words (incl footnotes) Reflection 2,000 words maximum (incl footnotes). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes may be used in the draft but no more than 400 words. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, Monday 1 July 2024. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Monday 22 July 2024

Assessment Criteria:

Drafting Exercise

• Analysis and implementation of instructions
• Understanding of legislative structure
• Attention to context and purpose of the draft legislation
• Use of proper legislative drafting technique
• Clear succinct text, including proper proofing

Reflection

• Demonstrated understanding of how principles of statutory interpretation affect the drafting of legal text
• Demonstrated understanding of the application of methods of statutory interpretation to drafting legal text.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

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 all ANU students