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.
Module 1: The creation and interpretation of statute
Module 2: Interpretation legislation
Module 3: Parliamentary intention and traditional common law approaches
Module 4: Intrinsic and extrinsic materials
Module 5: Statutory presumptions, fundamental rights and international law
Module 6: Interpreting specific instruments
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, and apply these to resolve hypothetical scenarios|
|2||demonstrate a high level of skill in the reading and interpretation of statutes and other instruments|
|3||analyse and explain the reasoning behind a particular interpretation of a statute|
|4||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, and apply these to resolve hypothetical scenarios
- 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 Learning Resources
- Sanson, M, 2016, Statutory Interpretation, 2nd edn, Oxford University Press, Melbourne. ISBN: 9780190304577.
- No prescribed resources/equipment.
Teaching and assessment
Commonwealth Supported courses
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