1. Welcome to LAW112 Residential School Laura Longmore

2. Acknowledgment of Country
I would like to acknowledge the traditional custodians of this land the Wiradjuri people and recognize their continuing connection to the land on which we meet. I would also like to pay my respects to Elders past, present and future and extend this respect to any Aboriginal people present.

3. Learning outcomes for Residential School
Legal Research: be able to plan and apply effective strategies in legal research of case law and legislation based scenarios Case Analysis: be able to identify and explain the facts pertaining to cases and ratio decidendi within the Australian judicial system Statutory Interpretation: be able to interpret statutes and common law and identify legal problems in scenarios and cases Apply legal Skills: be able to present persuasive and informed arguments based on leading precedents Indigenous Australians and Law: understand the place of Indigenous law and customs in the Australian legal system and begin to explore the relationship between Indigenous Australians and the law Assessment Workshops: be prepared for assessment success in the remaining assessment!

4. Statutory Interpretation
‘The most important single aspect of legal practice’ – Chief Justice Spiegelman, NSW Supreme Court
Statutory Interpretation
Supermacy of law makers
Difference between amendment
Separation of powers
What do most acts have – intrinsic and extrinsic aids
Common law presumptinos
Pl;ain English movement
‘There is, of course, no simple formula’ – Mahoney JA in Anti-Doping Rule Violation Panel v XZTT (2013) 214 FCR 40, 64

5. In this session we will:
Examine the anatomy of an Act
Statutory interpretation introduction
Groups: Parliamentary Drafting Exercise

6. How to Make an Act Proposal Drafting – Parliamentary Counsel
Bill on Notice Paper
First Reading
Second Reading
Third Reading
Royal Assent
Proclamation
Where does the debate happen? What are the extrinsic materials you would rely on for interpretation?
Share a little known fact.

7. What do you expect to find in an Act?
Number
Date
Long Title
Short Title
Preamble
Sections/subsections/paragraph/subparagraphs/clauses/subclauses
Chapters/Parts/Divisions/Subdivisions
Table of contents and Index
Purpose or Objects Clause Definitions
Schedules
Can you put footnotes in an ACT? What section says you can’t – NSW? Cth doesn’t say…
Number and short title/long title
Date of assent
Preamble states why the statue has been enacted – ‘whereas…’
Purpose or objects – intrinsic aid
Schedules – tables – work as appendices

8. Drafting a Bill- class rules
Aim: Draft legislation outlining the class rules for the LAW112 residential school.
Structure
Name, long title, short title, preamble
Possible sections?
overarching expectations (e.g. to ensure everyone is heard, challenge each other in respectful ways, listen actively etc)
verse
specific rules (arrive on time, only leave if ok with the presenter etc)
- Use of technology? Mobile off/Laptops for legitimate reasons
PENALTIES? gold coin, hand in mobile phone, facebooking etc.
Let’s pass it?!
What would warrant removal of technology? Throwing it?

9. Drafting Tips Plain Language: Active voice (not passive)
simple, precise, direct and familiar.
No unnecessary words
Sentences should not be long winded or with qualifications or exceptions
Active voice (not passive)
Avoid embedding
Help readers- purposes sections, notes examples, summaries, overviews
Office of Parliamentary Counsel – Plain English Drafting
Who might you consult with?
Omnibus – many different amendments.
More administrative – delegated legislation
Throughout the day think about:
Who do you need to consult with?
What will you draft? Princ

10. In conclusion?
Difficulties in drafting legislation What statutory interpretation rules come into play in deciphering your answers? The reliance on central interpretive criteria
Where would you go to find out?