LAWS 1020 Legislation Party Room Briefing Note - Parliamentary Law-Making Process - Law Assessment Answer

Assessment Task:

LAWS 1020 Legislation Party Room Briefing Note Law Assessment Answer

ASSESSMENT 2: FINAL ASSIGNMENT 

RATIONALE: This task is designed to test your understanding of the parliamentary law-making process, from the policy development stage to the introduction and passage of a Bill through parliament, as well as your application of the principles of statutory interpretation.  For this Final Assignment, you will prepare a Party Room Briefing Note on a proposed new Bill, demonstrating your understanding of the legal and policy considerations that form part of the process of developing and introducing a new law into Parliament.  You will also prepare a Memorandum to a Partner in a law firm outlining your preliminary advice in response to questions of statutory interpretation raised in a fact scenario, demonstrating your ability to apply legal principles and communicate your legal analysis in logical, clear way. 

COURSE OBJECTIVES:

CO1. Discuss and analyse the legislative process from design to interpretation.

 CO2. Explain the role of parliaments, parliamentary committees and delegated authorities in legislative and regulatory design and amendment.

 CO3. Draft and interpret statutes.  

PART A:

BRIEFING NOTE Part A will test your understanding of how a law is developed from a policy idea into a piece of legislation, and the types of considerations and processes that lawyers need to be aware of when providing advice to Parliament or Government on such matters.  You will be required to select one of three possible topics for a proposed law and complete a Briefing Note to the Party Room of a fictitious political party setting out:

(a) the policy objectives of the proposed law

(b) the evidence supporting these policy objectives / or the consultation needed to obtain this evidence

(c) the relevant legal principles that should be considered when reflecting the policy objectives in draft legislation

(d) the key features of the proposed legislation

(e) the parliamentary process likely to apply to the proposed legislation once it is introduced and

(f) any risks (political, legal or other) with pursuing the proposed legislation through Parliament.  

When undertaking this task, you will engage in a critique of the policy objectives behind the proposed law and demonstrate your understanding of the legal and procedural considerations that apply to the passage of legislation in the relevant jurisdiction.  You will also be required to support your key points with reference to relevant legislation, case law, academic commentary or other sources such as law reform reports or committee reports.  You will be required to communicate these issues in a clear concise way, using the template provided and complying with the Australian Legal Guide to Citation.    
LAWS 1020 Legislation 
 
Part A Topics: You work for the 'Free Australia Party' as a policy advisor to the Attorney General.  You have been asked to prepare a Party Room Briefing Note setting out the Attorney's latest legislative proposal for the Party to consider.  The Attorney has said you can choose which of the following proposals to prepare.   A.  Lowering the Voting age to 16 for federal elections B.  Introducing a Scrutiny of Bills Committee into SA Parliament  C.  Providing a Statutory Basis for the South Australian Law Reform Institute  
 
Using the Party Room template, prepare a Briefing Note that sets out

(a) the policy objectives of the proposed law  

(b) the evidence supporting these policy objectives / or the consultation needed to obtain this evidence  

(c) the relevant legal principles that should be considered when reflecting the policy objectives in the draft legislation

 (d) the key features of the proposed legislation  

(e) the parliamentary process likely to apply to the proposed legislation once it is introduced; and

 (f) any risks (political, legal or other) with pursuing the proposed legislation through Parliament.   

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