Studying online
There are now 2 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Click on an offering mode for more details.
Unit Overview
- Description
Most of the work of lawyers today involves legislation of one sort or other. This unit covers how legislation is made and how it should be read, interpreted and applied with an emphasis on practical considerations. The topics discussed include the legislative process, drafting, interpretation principles, the relationship between statutes and common law, how to use extrinsic materials, and the differences in the interpretation of non-statutory instruments. Lectures from practising lawyers on drafting and interpretation are incorporated.
- Credit
- 6 points
- Outcomes
Students are able to (1) understand the legislative process, the drafting process and the context in which legislation is enacted; (2) understand the principles governing the interpretation of statutes including working knowledge of the Commonwealth and Western Australia interpretation legislation and recent High Court approaches; (3) understand the relationship between legislation and common law; (4) understand how to formulate arguments in relation to construction of statutes; (5) identify specific interpretative issues such as retrospectivity, the principle of legality, delegated legislation and amendments; and (6) understand how statutory interpretation differs from interpretation of other instruments (such as contracts).
- Assessment
Students demonstrate achievement of the outcomes in a variety of assessment methods which may include tutorial participation, an assignment and a final examination. Further assessment information is provided in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Assistant Professor Jacinta Dharmananda
- Unit rules
- Prerequisites
- LAWS1130 Legal Process, LAWS4400 Constitutional Law I
- Incompatibility
- LAWS5820 Legislation in Practice
- Contact hours
- lectures: 2 hours per week
tutorials: 1 hour per fortnight - Texts
Essential reading
Unit Reader
Acts Interpretation Act 1901 (Cwlth) (available online)
Interpretation Act 1984 (WA) (available online)
Legislation Act 2003 (Cwlth) (available online)
In addition, students will find the following useful:
Pearce, D. C. and Geddes, R. S. Statutory Interpretation in Australia, 8th edn: LexisNexis 2014
P.Herzfeld and T.Prince, Statutory Interpretation Principles (Laws of Australia Series), Thomson Reuters, 2014
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
- Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.