LLB107 Statutory Interpretation
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB107 |
|---|---|
| Prerequisite(s): | LLB101. LLB101 can be studied in the same teaching period as LLB107 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLB107 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB101. LLB101 can be studied in the same teaching period as LLB107 |
| Coordinators: | Katrine Del Villar | k.delvillar@qut.edu.au Katherine Keane | katherine.keane@qut.edu.au James Duffy | james.duffy@qut.edu.au |
Overview
This unit introduces the foundational concepts of public law, the institutions of government and the rules and principles of statutory interpretation in Australia. Knowledge and skills relating to statutory interpretation are essential in legal practice. This unit provides a foundation for the development of your skills in statutory interpretation that will be honed further in more advanced units. This unit also develops your skills in legal research, written communication and problem solving that were introduced to you in LLB101 Introduction to Law.
Learning Outcomes
On successful completion of this unit you will be able to:
- Describe the foundational public law principles that govern the relationships between the Parliament, executive and judiciary in Australia and inform the process of statutory interpretation (CLO 1.1)
- Identify and apply relevant rules, principles and methods of statutory interpretation in order to formulate a considered opinion about the appropriate legal meaning and effect of an ambiguous legislative provision/s (CLOs 1.1, 2.1, 2.2)
- Use appropriate legal research skills to identify, locate and evaluate relevant sources, including statutes, extrinsic materials and case law to inform legal analysis and solve interpretative legal problems (CLO 3.1)
- Apply appropriate writing conventions to communicate legal reasoning effectively (CLO 4.1)
Content
The content of this unit includes:
- The powers and functions of the three branches of Australian government to make, interpret and administer legislation
- The division of legislative power between the Commonwealth and the States
- Locating and using relevant legislative provisions
- Using federal and state interpretation legislation
- Using intrinsic material within a statute to aid its interpretation, including definitions sections, contextual material and purposive provisions
- Rules governing recourse to and use of extrinsic materials, such as parliamentary materials and caselaw
- Principles of statutory interpretation, including common law and statutory presumptions
- Use of interpretative techniques to resolve ambiguities in the construction of legislation
- Special interpretative issues
- Providing reasoned written advice as to the appropriate interpretation of a legislative provision
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers. There is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- engagement in live lectures
- collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:
-
- interaction with the tutor and other students during the discussions in live tutorials
- self-paced learning activities that enable you to test your understanding of the unit content and concepts
- individual feedback provided through specific comments on individual assignments
- generic feedback posted on the unit’s learning management system for each item of assessment
- discussion of unit content on the unit’s learning management system, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, you are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Letter of Advice
Acting as a trainee solicitor, you will identify and apply relevant rules, principles and methods of statutory interpretation to formulate a considered opinion as to the appropriate meaning and effect of a legislative provision/s and as to the correct application of the provision/s to a fact scenario. You will communicate your opinion in a letter of advice to the client that will be reviewed by your supervising partner.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Exam
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Michelle Sanson, Statutory Interpretation (Oxford, 2nd ed, 2016)
Recommended text(s)
DC Pearce, Statutory Interpretation in Australia (LexisNexis, 10th ed, 2023)
Lisa Burton Crawford, Janina Boughey, Melissa Castan and Maria O'Sullivan, Public Law and Statutory Interpretation: Principles and Practice (Federation Press, 2nd ed, 2021)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Selecting and applying appropriate research methods
Relates to: ULO3, Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Selecting and applying appropriate research methods
Relates to: ULO3, Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Selecting and applying appropriate research methods
Relates to: Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB107 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB101. LLB101 can be studied in the same teaching period as LLB107 |
Overview
This unit introduces the foundational concepts of public law, the institutions of government and the rules and principles of statutory interpretation in Australia. Knowledge and skills relating to statutory interpretation are essential in legal practice. This unit provides a foundation for the development of your skills in statutory interpretation that will be honed further in more advanced units. This unit also develops your skills in legal research, written communication and problem solving that were introduced to you in LLB101 Introduction to Law.
Learning Outcomes
On successful completion of this unit you will be able to:
- Describe the foundational public law principles that govern the relationships between the Parliament, executive and judiciary in Australia and inform the process of statutory interpretation (CLO 1.1)
- Identify and apply relevant rules, principles and methods of statutory interpretation in order to formulate a considered opinion about the appropriate legal meaning and effect of an ambiguous legislative provision/s (CLOs 1.1, 2.1, 2.2)
- Use appropriate legal research skills to identify, locate and evaluate relevant sources, including statutes, extrinsic materials and case law to inform legal analysis and solve interpretative legal problems (CLO 3.1)
- Apply appropriate writing conventions to communicate legal reasoning effectively (CLO 4.1)
Content
The content of this unit includes:
- The powers and functions of the three branches of Australian government to make, interpret and administer legislation
- The division of legislative power between the Commonwealth and the States
- Locating and using relevant legislative provisions
- Using federal and state interpretation legislation
- Using intrinsic material within a statute to aid its interpretation, including definitions sections, contextual material and purposive provisions
- Rules governing recourse to and use of extrinsic materials, such as parliamentary materials and caselaw
- Principles of statutory interpretation, including common law and statutory presumptions
- Use of interpretative techniques to resolve ambiguities in the construction of legislation
- Special interpretative issues
- Providing reasoned written advice as to the appropriate interpretation of a legislative provision
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers. There is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- engagement in live lectures
- collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:
-
- interaction with the tutor and other students during the discussions in live tutorials
- self-paced learning activities that enable you to test your understanding of the unit content and concepts
- individual feedback provided through specific comments on individual assignments
- generic feedback posted on the unit’s learning management system for each item of assessment
- discussion of unit content on the unit’s learning management system, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, you are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Letter of Advice
Acting as a trainee solicitor, you will identify and apply relevant rules, principles and methods of statutory interpretation to formulate a considered opinion as to the appropriate meaning and effect of a legislative provision/s and as to the correct application of the provision/s to a fact scenario. You will communicate your opinion in a letter of advice to the client that will be reviewed by your supervising partner.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Exam
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Michelle Sanson, Statutory Interpretation (Oxford, 2nd ed, 2016)
Recommended text(s)
DC Pearce, Statutory Interpretation in Australia (LexisNexis, 10th ed, 2023)
Lisa Burton Crawford, Janina Boughey, Melissa Castan and Maria O'Sullivan, Public Law and Statutory Interpretation: Principles and Practice (Federation Press, 2nd ed, 2021)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Selecting and applying appropriate research methods
Relates to: ULO3, Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Selecting and applying appropriate research methods
Relates to: ULO3, Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Letter of Advice, Exam - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, Letter of Advice, Exam - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter of Advice, Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Letter of Advice - Selecting and applying appropriate research methods
Relates to: Letter of Advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Letter of Advice