Availabilities:
| Location | Domestic | International |
|---|
| Gold Coast | | |
| Lismore | | |
| Online | | N/A |
Unit description
Examines the rules and principles of statutory interpretation, including: the purposive approach to construction, parliamentary intention and interpretive techniques, the use of intrinsic and extrinsic materials, the traditional common law approaches and statutory presumptions such as non-interference with fundamental rights. Also considers the special rules relating to the interpretation of other instruments such as the Australian Constitution, codes and delegated legislation.
Unit content
Topic 1: Introduction to Statutory Interpretation
Topic 2: Creation of Legislation
Topic 3: Interpretation Legislation
Topic 4: Context and Purpose
Topic 5: Intention and Interpretive Techniques
Topic 6: Intrinsic Materials
Topic 7: Extrinsic Materials
Topic 8: Traditional Common Law Approaches
Topic 9: Statutory Presumptions
Topic 10: Fundamental and Human Rights and International Law
Topic 11: Interpreting Specific Instruments
Learning outcomes
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
| On completion of this unit, students should be able to: |
|---|
| 1 | identify the rules and principles relating to statutory interpretation in Australia |
| 2 | apply the relevant legal rules and principles to the resolution of hypothetical scenarios relating to statutory interpretation |
| 3 | demonstrate a high level of skill in the reading and interpretation of statutes and other instruments |
| 4 | analyse and explain the reasoning behind a particular interpretation of a statute |
| 5 | demonstrate an ability to explain the relevant legal rules and principles in clear and logical language. |
On completion of this unit, students should be able to:
- identify the rules and principles relating to statutory interpretation in Australia
- apply the relevant legal rules and principles to the resolution of hypothetical scenarios relating to statutory interpretation
- demonstrate a high level of skill in the reading and interpretation of statutes and other instruments
- analyse and explain the reasoning behind a particular interpretation of a statute
- demonstrate an ability to explain the relevant legal rules and principles in clear and logical language.
Prescribed texts
- Sanson, M, 2016, Statutory Interpretation, 2nd edn, Oxford University Press, Melbourne. ISBN: 9780190304577.
Prescribed texts may change in future study periods.