Studying online (if an online offering is shown below)
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
This unit gives students an understanding of how legislation is made and, once in force, how it is to be read, understood and interpreted. The unit has an emphasis on interpretation in practice. The topics discussed include the legislative process, drafting, common law and legislative interpretative principles, the relationship between statutes and the common law, how to use extrinsic materials, the effect of amendments, the relationship between a statute and its delegated legislation, and comparisons to the interpretation of non-statutory instruments, such as contracts.
- Credit
- 6 points
- Offering
Availability Location Mode Not available in 2025 UWA (Perth) Face to face - Outcomes
Students are able to (1) show a developed understanding of issues arising in drafting legislation and the legislative process in the context of statutory interpretation; (2) apply key concepts of text, context and purpose ; (3) identify and critically analyse relevant interpretative principles and factors for an interpretative task; (4) critically evaluate relevant interpretative principles and factors for an interpretative task; and (5) develop a coherent and plausible argument about the preferred construction of the meaning of statutory text.
- Assessment
Indicative assessments in this unit are as follows: (1) assignment; (2) class participation; and (3) examination. Further information is available in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Senior Lecturer Jacinta Dharmananda
- Unit rules
- Prerequisites
- Enrolment in20810 Doctor of Juridical Science
- Incompatibility
- Enrolment inLAWS5820 Legislation in Practice
- Contact hours
- 3 hours per week
- Note
- 2022 is the final year this unit will run at UWA.
- Texts
Essential reading
Unit ReadingsActs Interpretation Act 1901 (Cwlth) (available online)
Interpretation Act 1984 (WA) (available online)
Legislation Act 2003 (Cwlth) (available online)
Other useful references
Pearce, D. C. Statutory Interpretation in Australia, 9th edn: LexisNexis, 2019Herzfeld, P. and Prince, T. Interpreration, 2nd edn: Thomson Reuters, 2020
- 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.
- Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
- 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.