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.

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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
AvailabilityLocationMode
Not available in 2025UWA (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 in
20810 Doctor of Juridical Science
Incompatibility
Enrolment in
LAWS5820 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 Readings

Acts 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, 2019

Herzfeld, 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.