Purposive Approach - Principle of Legality - Rules of Statutory Interpretation - Law Assessment Answer

Law Assessment Task

TOPIC 1: You work for the and Free Australia Party as a policy advisor to the South Australian 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 proposal is to amend the Equal Opportunity Act 1984 (SA) to include religious belief and as a protected attribute.  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 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.  
 
TOPIC 2: Describe the following rules of statutory interpretation (noting the history/origins of the rule, as well as the key features of the rule) and provide a practical example (eg a legislative provision or case) that demonstrates how these principles work in practice.  You may also wish to identify any critiques or concerns arising from the use of the rule in the academic literature (eg by referring to a journal article or text book).

• literal meaning rule
• golden rule
• purposive approach
• principle of legality
• ejusdem generis

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