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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.
Learning outcomes and graduate attributes
GA1: Intellectual rigour,
GA2: Creativity,
GA3: Ethical practice,
GA4: Knowledge of a discipline,
GA5: Lifelong learning,
GA6: Communication and social skills,
GA7: Cultural competence| On completion of this unit, students should be able to: | GA1 | GA2 | GA3 | GA4 | GA5 | GA6 | GA7 |
|---|
| 1 | identify the rules and principles relating to statutory interpretation in Australia | Intellectual rigour | | | | | | |
| 2 | apply the relevant legal rules and principles to the resolution of hypothetical scenarios relating to statutory interpretation | | | | Knowledge of a discipline | | | |
| 3 | demonstrate a high level of skill in the reading and interpretation of statutes and other instruments | Intellectual rigour | | | Knowledge of a discipline | | | |
| 4 | analyse and explain the reasoning behind a particular interpretation of a statute | Intellectual rigour | | | Knowledge of a discipline | | | |
| 5 | demonstrate an ability to explain the relevant legal rules and principles in clear and logical language. | | | | | | Communication and social skills | |
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
- GA4:
Knowledge of a discipline
- demonstrate a high level of skill in the reading and interpretation of statutes and other instruments
- GA1:
Intellectual rigour
- GA4:
Knowledge of a discipline
- analyse and explain the reasoning behind a particular interpretation of a statute
- GA1:
Intellectual rigour
- GA4:
Knowledge of a discipline
- demonstrate an ability to explain the relevant legal rules and principles in clear and logical language.
- GA6:
Communication and social skills
Prescribed texts
Session 1
- Sanson, M, 2016, Statutory Interpretation, 2nd edn, Oxford University Press, Melbourne. ISBN: 9780190304577.
Prescribed texts may change in future study periods.