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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

Unit aim

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, 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:

  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.

Prescribed texts

  • No prescribed texts.
Prescribed texts may change in future teaching periods.