Details for LAW106 Legislation and Statutory Interpretation

Most of the law that governs us begins in Parliament. Legislation and Statutory Interpretation shows you how statutes and regulations are made, amended and repealed, and how courts decide what they mean. You’ll learn to identify the parts of a statute, apply purposive and contextual approaches, and use common law presumptions and extrinsic materials. You’ll finish able to research legislation and interpret it the way Australian courts do.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW106
• Credit points: 10

Subject Coordinator

Prerequisite

LAW101 Introduction to Law; LAW102 Legal Research and Writing 

Unit Content

Outcomes

1. Understand the legislative process and identify applicable legislation.
2. Identify and evaluate the key parts of both statutes and regulations.
3. Apply critical thinking and judgement when communicating the process of creating, repealing and amending statutes.
4. Describe how delegated legislation (legislation not made by Parliament) is created.
5. Analyse general principles of interpretation and aids to interpretation.
6. Clearly articulate the courts’ approaches to statutory (and constitutional) interpretation), including interpretation in context, the purposive approach, extrinsic evidence, common law presumptions, and the effect of interpretation.
7. Apply the general principles of interpretation, its aids and the approaches taken by Australian courts to relevant fact patterns.

Subject Content

1. Introduction to Legislation and Statutory Interpretation
2. Legislation as a Source of Law – Part 1
3. Legislation as a Source of Law – Part 2
4. Legislative Process – Part 1
5. Legislative Process – Part 2
6. The Role of the Courts in Interpreting Legislation
7. Statutory Interpretation Principles – Part 1
8. Statutory Interpretation Principles – Part 2
9. Statutory Interpretation Principles – Part 3
10. Researching Legislation – Part 1
11. Researching Legislation – Part 2
12. Subject Review
13. Examination Week

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Assignment 1: Identifying parts of a statute (20%)
2. Assignment 2: Interpreting a statute  (30%)
3. Final Examination (50%)

Prescribed Text

• Kath Hall and Claire Macken, Legislation and Statutory Interpretation (6th ed., LexisNexis, 2024) 
• D.C. Perce, Statutory Interpretation in Australia (10th ed, LexisNexis, 2024) 
• Murray Gleeson, ‘The Meaning of Legislation: Context, Purpose and Respect for Fundamental Rights’, Victorian Law Foundation Oration, Melbourne, 31 July 2008 <https://www.hcourt.gov.au/assets/publications/speeches/former-justices/gleesoncj/cj_31jul08.pdf>  
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks