DIPLOMA IN LAW
LEGAL PROFESSION
ADMISSION BOARD
LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
26 UNDERSTANDING
LEGAL LANGUAGE AND LEGISLATION
SUMMER SESSION 2014-15
This Guide includes the Law Extension Committee’s course information and teaching program and the
Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading
“Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the
Legal Profession Admission Rules 2005.
Course Description and Objectives
Lecturers
Assessment
March 2015 Examination
Texts and Materials
Intensive Lecture Program
Compulsory Assignment
Assignment Questions
Prescribed Topics and Course Outline
The cover shows Brueghel’s “Tower of Babel”.
1
1-2
2
3
3
3-4
5
5
6-9
1
LAW EXTENSION COMMITTEE
SUMMER 2014-15
UNDERSTANDING
LEGAL LANGUAGE AND LEGISLATION
COURSE DESCRIPTION AND OBJECTIVES
This elective focuses on the core skill of statutory interpretation, and allows students to develop and
build their understanding of how to interpret legislation. As legislation needs to be read in context, and
as understanding legislation requires a thorough knowledge of the grammatical tools employed by the
legislative drafter, it is strongly recommended that students have completed the optional Language for
Lawyers course before enrolling in this elective. The course includes an opportunity for students to
develop and refresh their legal research skills. In computer based classes, students will learn how to
find extrinsic materials, and consider their use; research the changing history of legislation and consider
why this is important in statutory interpretation; and learn how to use research tools to locate words,
phrases and sections which have been the subject of prior judicial consideration. The course will
examine the common law and statutory principles of interpretation and consider the broader context of
statutory interpretation, including the relationship between statutory interpretation and the protection of
human rights.
LECTURERS
Mrs Susan Carter, BA (Hons), LLB (Hons) (Syd)
Susan Carter is an experienced commercial solicitor who has worked in private practice, as in-house
counsel, and was seconded for a period of government service. Beginning her professional life with the
Federal Court, Susan has used her legal expertise both in practical commercial applications and in
wider policy issues. A national and international conference speaker, who has served on a number of
boards (including the Family Law Council of Australia), Susan is currently involved in legal education,
having taught at the University of Sydney before her current involvement with the LEC.
Mr Patrick O’Mara, LLB, BAppSC Information Studies (UTS)
Patrick O’Mara is a legal information specialist at the University of Sydney Herbert Smith Freehills Law
Library. He is the Liaison Librarian for LPAB students and teaches legal research in the Legal
Institutions and Understanding Legal Language and Legislation courses in the Diploma in Law. He is
also the Liaison Librarian for the Sydney Law School in the areas of contract, commercial, intellectual
property, media and tort law.
Patrick has extensive experience in teaching legal research. He has been a lecturer for Sydney Law
School’s compulsory undergraduate Legal Research courses for over ten years and has also been a
coordinator for these courses. He provides legal research assistance on a daily basis to a wide range of
clients at the University of Sydney Herbert Smith Freehills Law Library, including academics, students,
legal practitioners and members of the public.
Mrs Katherine Jolley, B.Comm (UNSW), LLB (Hons) (ANU), Dip Languages (Latin) (Syd), Grad
Dip (Latin) (Syd)
Katherine Jolley began work as a Federal Court associate and has since worked in commercial litigation
at Freehills, as a lawyer for the Reserve Bank, and as a Principal Legal Officer and Assistant Director at
the Commonwealth Director of Public Prosecutions. In more recent times, she has taught at Sydney
University in both law and Latin and also at Macquarie University in law. She now specialises in
teaching lawyers to write precisely and grammatically when drafting and to interpret documents and
legislation in accordance with correct interpretation and grammatical principles.
2
Prof Peter Radan, BA, LLB, PhD (Syd), DipEd (SCAE)
Peter Radan is a Professor of Law at Macquarie Law School. He holds the degrees of Bachelor of Arts,
Bachelor of Laws and Doctor of Philosophy from the University of Sydney, as well as a Diploma in
Education from Sydney College of Advanced Education. He has been a teacher with the Law Extension
Committee since 1984. His most recent published books include (with C Stewart) Principles of
Australian Equity & Trusts (2nd ed, LexisNexis, 2013); (with C Stewart & I Vickovich), Principles of
Australian Equity & Trusts, Cases & Materials (3rd ed, LexisNexis, 2014) and (with J Gooley & I
Vickovich) Principles of Australian Contract Law (3rd ed, LexisNexis, 2014).
ASSESSMENT
To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and
learning program, the first step of which is to ensure that you have registered online with the LEC in
each subject for which you have enrolled with the Board. This gives you access to the full range of
learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow
the instructions. Detailed guides to the Webcampus are contained in the material distributed by the
LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the Legal Profession Admission Rules, the LEC must be satisfied with a student’s
performance in a subject in order for the student to be eligible to sit for the examination, conducted by
the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for
examinations. However, a category of “deemed eligible” has been introduced to offer students whose
assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances
students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the
examination.
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in each subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC
engages the LPAB’s Examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be submitted by 11:59pm on the due date unless an extension has been granted.
Extensions must be requested by email prior to the due date. Specific supporting evidence must be
provided. Assignments that are more than ten days late will not be accepted. Late assignments
attract a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in
the Course Information Handbook. Prior to the examination, assignments will be returned to students
and results posted on students’ individual results pages of the LEC Webcampus. Students are
responsible for checking their results screen and ascertaining their eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in
that subject will be included in the Revising Examiner’s review. The final examination mark is
determined in accordance with this review. Assignment marks will not otherwise be reviewed.
3
MARCH 2015 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics set out below in this
subject guide.
The examination will consist of four questions. Students will have to complete all four questions. There
may be internal choice within some of the questions.
The examination will be an open book examination.
Please note: All questions in relation to the examination should be directed to the Legal
Profession Admission Board, not the Law Extension Committee.
TEXTS AND MATERIALS
Course Materials


Guide to Presentation and Submission of Assignments (available on the LEC Webcampus)
Other materials as advised in class
Prescribed Texts

DC Pearce & RS Geddes, Statutory Interpretation in Australia, 8th ed. LexisNexis, 2014 (If students
can obtain a second hand copy of the 7th edition (2011) that should be sufficient.)
Recommended Texts



Michael Meehan, Graham Tulloch, Grammar for Lawyers, 3rd ed. LexisNexis, 2013
Herzfeld, Tully, Prince, Interpretation and Use of Legal Sources – The Laws of Australia, Thomson
Reuters, 2013
Herzfeld and Prince, Statutory Interpretation Principles, 1st ed. Thomson Reuters, 2013
LEC Webcampus
Once you have registered online with the LEC, you will have access to all the facilities on the LEC
Webcampus including any materials that the lecturer may make available to students. These course
materials can be found in the Course Materials section of the LEC Webcampus.
INTENSIVE LECTURE PROGRAM
This course will be taught in intensive mode over two periods during the session to allow for a longer,
workshop style of presentation. Accordingly, there will be no separate weekend schools.
The dates for the Summer 2014-15 Session are Friday 21 November and Saturday 22 November 2014;
Friday 16 January and Saturday 17 January 2015. Each day will be a full day, running from 9.00am to
approximately 5.00pm. To provide opportunity to practice problem solving and language skills there will
also be an on-line discussion on Saturday 13 December (to be confirmed). This session is optional, for
those students who are interested. To participate, students will need access to a computer with an
internet connection.
The venues for the lectures are set out in the lecture program on the next page. Lectures will be held
on the main campus.
For details as to the location of these venues, refer to page 51 of the Course Information Handbook for
a map of the University of Sydney main campus.
4
DATE
Friday
21 Nov
TIME
9am –
11am
Friday
21 Nov
11am –
1pm
Friday
21 Nov
2pm –
5pm
Saturday
22 Nov
9am –
5pm
ROOM
Law Library
Computer
Training
Room 2
(TBC)
Law Library
Computer
Training
Room 2
(TBC)
Law Library
Computer
Training
Room 2
(TBC)
CLT 373
LECTURER
Susan
Carter
TOPICS
Module One: Introduction to Statutes
Susan
Carter
Module Eight: Language and Legislation
Review
Patrick
O’Mara
Module Seven: Legal Research Workshop:
Introduction to legal research including
discussion of referencing and citation; finding
and researching primary and secondary
sources of law.
Module Two: Common Law Background to
Statutory Interpretation
Susan
Carter
Module Three: Legislative Approaches to
Statutory Interpretation
Saturday
13 Dec
TBC
2pm –
5pm
At home –
on line
Friday
16 Jan
9am –
12noon
Friday
16 Jan
1pm –
3pm
Law Library
Computer
Training
Room 2
(TBC)
New LSSR
028
Friday
16 Jan
3pm5pm
Saturday
17 Jan
Susan
Carter and
Katherine
Jolley
Patrick
O’Mara
An optional problem solving and language
skills seminar – questions will be provided.
Module Seven: Legal Research Workshop:
Finding and researching primary and
secondary sources of law (continued)
Susan
Carter
Module Four: Use of Extrinsic Material
New LSSR
028
Peter
Radan
Module Nine: Interpretation of Instruments
other than Legislation - Contracts
9am –
12noon
New LSSR
028
Susan
Carter
Module Five: Statutory Interpretation and the
Protection of Human Rights; Common Law
Presumptions and Statutory Rights
Instruments
Saturday
17 Jan
1pm –
3pm
New LSSR
028
Susan
Carter
Module Four: Use of Extrinsic Material continued
Saturday
17 Jan
3pm –
5pm
New LSSR
028
Susan
Carter
Module Six: Insights from Legislative Drafters
5
COMPULSORY ASSIGNMENT
In Understanding Legal Language and Legislation, there is only ONE ASSIGNMENT. This
assignment is compulsory and must be submitted by all students. Students must submit the
assignment by the due date. A pass mark is 50%. Refer to the Guide to the Presentation and
Submission of Assignments for the assignment grading and assessment criteria. Students who
fail to satisfy the compulsory requirements will be notified through the Results screen on the
Webcampus before the examination period of their ineligibility to sit the examination in this
subject. The maximum word limit for the assignment is 2000 words (inclusive of all footnotes but
not bibliography).
The rules regarding the presentation of assignments and instructions on how to submit an assignment
are set out in the LEC Guide to the Presentation and Submission of Assignments which can be
accessed on the LEC Webcampus. Please read this guide carefully before completing and submitting
an assignment.
Completed assignments should be lodged through the LEC Webcampus by 11:59pm on the following
date:
Compulsory Assignment
Monday 2 February 2015
Week 10
ASSIGNMENT QUESTIONS
To obtain copies of the assignment questions for the Summer Session 2014-15 of the
Understanding Legal Language and Legislation course, please follow the instructions below:
1.
Register online with the LEC (see page 23 of the Course Information Handbook for detailed
instructions). Once you have registered, you will have access to all the facilities on the LEC
Webcampus.
2.
Then go into the Webcampus, select the Course Materials section and click on the link to the
assignment questions for this subject.
6
PRESCRIBED TOPICS AND COURSE OUTLINE
Module One: Introduction to Statutes
Reading:
Pearce & Geddes: Chapters One and Four
Recommended:
Michael Meehan, Graham Tulloch, Grammar for Lawyers, 2nd ed. LexisNexis, 2006
Aims and Objectives
At the end of this module students should understand the following:
(a) The importance of legislation;
(b) The difference between legislation, delegated legislation and administrative
pronouncements which are often described as ‘quasi-legislation’;
(c) The structure of a statute;
(d) The basic principles of reading legislation; and
(e) The interaction between case law and statute and the role of case law in
interpreting legislation.
Students will also have had an opportunity to:
(a) Practice breaking sections down into their component elements; and
(b) Examine the importance of a sound grammatical understanding in understanding
legislation.
Module Two: Common Law Background to Statutory Interpretation
Reading:
Pearce & Geddes: Chapter Two
Aims and Objectives
At the end of this module students should understand the following:
(a) The historical development of statutory interpretation;
(b) The literal approach, the golden rule and the purposive approach to statutory
interpretation;
(c) How these tools are used today;
(d) That there is a range of common law presumptions and interpretation tools which
are used in conjunction with the statutory approach to interpretation; and be
familiar with the most important of these, including the Latin maxims noscitur a
sociis and ejusdem generis and expressio unius est exclusio alterius and
generalia specialibus non derogant; the presumption against surplusage; and
(e) Be able to select the appropriate presumption or tool to interpret legislation.
7
Module Three: Legislative Approaches to Statutory Interpretation
Reading:
Acts Interpretation Act 1901 (Cth)
Interpretation Act 1987 (NSW)
Pearce & Geddes: Chapter Six
Aims and Objectives
At the end of this module students should understand the following:
(a) The interpretation acts of the Commonwealth and the States;
(b) The range of matters covered by the interpretation acts;
(c) The approach to construction required by the interpretation legislation;
(d) The interpretation of this legislation by the High Court (an exercise in statutory
interpretation in itself); and
(e) The meaning of ‘purpose’ and the difference between the purpose of the statute
and the purpose of the person whose actions are subject to the statute.
Students will also have had an opportunity to practise statutory interpretation problem
solving.
Module Four: Use of Extrinsic Material
Reading:
Acts Interpretation Act 1901 (Cth)
Interpretation Act 1987 (NSW)
Pearce & Geddes: Chapter Three
Aims and Objectives
At the end of this module students should understand the following:
(a) How extrinsic material is created;
(b) The common law rule with respect to the use of extrinsic material;
(c) The statutory rules with respect to the use of extrinsic material; and
(d) The limits on the use of extrinsic material.
Students will also have had an opportunity to practise statutory interpretation problem
solving using extrinsic material.
8
Module Five: Statutory Interpretation and the Protection of Human Rights; Common
Law Presumptions and Statutory Rights Instruments
Reading:
Pearce & Geddes: Chapter Five
Statutory Interpretation and Human Rights Spigelman CJ
Human Rights (Parliamentary Scrutiny) Bill 2010
Aims and Objectives
At the end of this module students should understand the following:
(a) The common law assumptions around the protection of human rights which
underlie the judicial interpretation of statutes;
(b) The range of legislative initiatives to protect human rights; and
(c) How statutory interpretation may be affected by legislative statements about
rights.
Students will also have the opportunity to consider the arguments for and against a
formal Bill of Rights.
Module Six: Insights from Legislative Drafters
Reading:
Legislative Drafting and Statutory Interpretation Hilary Penfold QC
Aims and Objectives
At the end of this module students should understand the following:
(a) The process of drafting and enacting legislation;
(b) How the process of drafting legislation informs the process of interpreting
legislation; and
(c) The need for precision in language when drafting (and considering) legislation.
9
Module Seven: Legal Research Workshop
Aims and Objectives
At the end of this module students should understand the following:
(a) The conventions of legal citation and referencing;
(b) The range of legal research tools and how to use them;
(c) How to find sources of legal information;
(d) How to search for case law and statute;
(e) How to search for extrinsic material to assist in statutory interpretation; and
(f) How to search for legislation which was in force at a particular point in time.
Students will also have had the opportunity to practise these skills.
Module Eight: Language and Legislation Review
Reading:
 Michael Meehan, Graham Tulloch, Grammar for Lawyers, 2nd ed. LexisNexis,
2006 (Recommended – not required)
 Other materials/exercises to be provided
Aims and Objectives
At the end of this module students should understand the following:
(a) The need for precision in language when interpreting legislation;
(b) The conventions of punctuation and grammar and how these relate to legislation.
Students will also have had the opportunity to practise these skills.
Module Nine: Interpretation of Instruments other than Legislation – Contracts
Aims and Objectives
Legislation is not the only instrument which requires interpretation – a number of other
legal instruments, such as contracts, also require interpretation. This module provides
an opportunity to consider how some of the principles we have been considering relate
to the interpretation of contracts, and the different techniques used to interpret
contracts.