Assessment 2:Letter of Advice
Assessment 2:Letter of Advice
Task A letter of advice on a statutory interpretation issue
Length 1500 words (+/- 10%), excluding referencing and reference list
Due Date 14th of August 11:59pm
Relationship to other tasks and assessments:
This assessment asks you to provide a letter of legal advice to a client on a matter involving statutory interpretation. You will respond to a clients request for advice on whether a given set of legislative provisions apply to a particular fact scenario (outlined below in the Details section
Purpose of this assignment and ULOs assessed
The purpose of this assessment is to:
Assess students understanding of the principles of statutory interpretation, and their ability to practically apply this knowledge.
Provide students with an opportunity to develop their legal writing and research skills.
The unit learning outcomes assessed are:
Understand, explain and distinguish the historical and contemporary principles of statutory interpretation;Apply statutory interpretive criteria and the techniques of the common law in practical applications of legislation;Critically review the theoretical concepts underlying the approaches to, and presumptions of, statutory interpretation.
Details
Fact Scenario
You have recently been contacted by a prospective client, Mr. George Miles, who is an active member of the local Melbourne community. George is known for his dedication to promoting environmental sustainability and conservation efforts in his local area. He often hosts events with fellow environmental enthusiasts at various cafes and other venues across Melbourne to discuss ways to promote eco-friendly practices.
The Eco Advocates start arranging events and activities in a peaceful and constructive manner, and have made good progress in cleaning up many areas around Melbourne. They have made good progress in improving the environment of the local Melbourne area and have grown significantly in population with over 500 memberships.
In recent months, George has observed growing tensions within these gatherings and events. Discussions have started to turn confrontational, with debates veering into criticisms of various corporations and individuals who have not actively participated in environmentally friendly initiatives.
A few passionate members, driven by their frustration, decide to form an association called the "Eco Advocates." The Eco Advocates intend to take collective actions, such as organising clean-up campaigns and tree-planting initiatives. Their initial intentions are said to be aimed at continually improving the environment and reducing pollution.
However, the Eco Advocates have recently become increasingly frustrated with the lack of participation larger companies in their community, leading to more confrontational actions. Some Eco Advocates are engaging in acts of civil disobedience, such as blocking access to local businesses, damage to public and private property and 'riot like behaviour against those that they believe are harmful to the environment. On one recent occasion, Melbourne's freeways came to a complete halt due to Eco Advocates blocking a well-known bridge!
In response to these confrontations, the Victorian Government introduces a new Bill to address disruptive behaviour in the community. The Victorian Premier presents the Cabinet with their plans to maintain public order and safety in Melbourne through the introduction of a new Bill. The Bill is known as theCivic Conduct and Public Order Bill 2023(Vic). A second reading speech extract of the Premier is attached below.
As tensions escalate, the Victorian Parliament swiftly approves the proposed law, and it comes into effect on 1 February 2024. The new Act is now referred to as theCivic Conduct and Public Order Regulation Act 2024(Vic) ("the CCPORA").
The CCPORA contains several sections, including section 7, which provides that:
"It is a criminal offence for any person who gathers in a public place with a substantial number of members from an advocacy group that engages in disruptive activities."
Punishment: 3 months imprisonment and/or $5,000.00 fine for each offence.
It is further noted that section 3 of the CCPORA defines:
Section 3 Definitions
"advocacy group" for the purposes of the Act includes the Melbourne Environmental Action Group, the Eco Warriors,the Victorian Climate Action Network, and other groups.
The Eco Advocates are not specifically mentioned in section 3 of the Act.
George admits that from in or around January 2021, he has attended a many of the Eco Advocates' events and actions but refrains from engaging in any disruptive activities himself.
On 22 July 2024, at a recent gathering held in Melbourne, George expressed his disappointment and criticisms of some of the Eco Advocates' recent confrontational methods of advocating for environmental action. From this date, George has refused to participate in any further disruptive actions.
Last week, George was apprehended by local law enforcement under suspicion of violating the CCPORA. He has been charged with contravening Section 7 of the CCPORA. George maintains his innocence and informs you that while he still maintains his membership with Eco Advocates, he refuses to take part in any future disruptive actions.
Task:
You are tasked with providing legal advice to your client, Mr. George Walker. In your advice, you should apply the applicable principles of statutory interpretation to address the terms of theCivic Conduct and Public Order Regulation Act 2024(Vic). Specifically, you need to provide advice to George on:
1. Whether the meaning of section 7 of the CCPORA is clear; and whether the court can rely on Cabinet documents and any other extrinsic materials to aid in the interpretation of the CCPORA;2. By applying the principles of statutory interpretation, your advice should enable George to comprehend the potential legal consequences of his situation and guide him toward informed decisions regarding his charge under the CCPORA; and
3. Whether the CCPORA can have a retrospective application.
In your advice you are to address each of the questions above. You are not required to consider human rights legislation or international law in your response. Your advice should focus on the two-step process of statutory interpretation.
Second Reading Speech:Civic Conduct and Public Order Bill 2023(Vic)
Madam Speaker,
I rise today to present theCivic Conduct and Public Order Bill2023, a Bill designed to address the growing concerns about disruptive and confrontational behaviour by certain advocacy groups in Melbourne. This legislation seeks to maintain public order and safety while ensuring that individuals and groups can continue to express their views and advocate for causes in a peaceful and constructive manner.
In recent months, we have witnessed an increase in activities by groups whose initial efforts to promote environmental sustainability have been overshadowed by disruptive actions that threaten public safety and order. While we acknowledge and support the vital role advocacy plays in our democratic society, it is imperative that such activities do not infringe upon the rights of others or disrupt the community.
The Bill presents a measured response to specific challenges that have arisen in our community, and it aims to support peaceful and constructive engagement on important issues while preventing disruption and harm.
I urge all members to support this Bill and work together to promote a safe and harmonious environment for all residents of Victoria.
Instructions
Your letter of advice must provide an analysis consistent with the applicable interpretation legislation for the jurisdiction and the common law doctrine of statutory interpretation.
The key thing we are looking for is your ability to understand and apply the two-step process of statutory interpretation using the purposive approach - indicate that you've done this in your analysis and provide authority (i.e. section 15AA/Project Blue Sky/etc) for your legal claims
Step 1: identify any ambiguity or absurdity - consider text, context, purpose
Step 2: If any ambiguity or absurdity arises, advise on its likely resolution - refer to prior analysis, interpretive techniques
You don't have to find ambiguity or absurdity - if it doesn't arise then simply justify this conclusion and indicate how the provision will likely apply to the facts
Your letter of advice must provide advice to your client - this may be qualified as appropriate. In your advice, assume your client understands legal terminology or language.
Your letter must use clear and intelligible written expression, conform broadly to the expected structure of a letter of legal advice (samples are available on the unit site), demonstrate research into any relevant materials (extrinsic materials, case law on your specific provisions), and provide referencing and a reference list in compliance with the Australia Guide to Legal Citation.
You do not need to address any practicalities in your letter of advice, such as advice about pleading guilty, negotiating with police, lawyer fees, etc. Focus on legal liability alone. There is no need to provide a detailed summary of the factual circumstances.
Please use the discussion forum: Ask a question about this unit for any further clarifications.
Task description
Read over the client request, fact scenario and legislative provisions provided above. Then, ideally, you can begin this assessment at the start of week three (by then you will have finished your Assessment Two essay, and in class we will have learned the overall process of statutory interpretation keep your eye out in week three for any further applicable principle of statutory interpretation!)
In this assignment, you will rely primarily on your own initiative to complete the letter of advice. However, there are many resources at your disposal, including the Library, student services, your LLW1004 teacher, and your fellow students via discussion boards on VU Collaborate. Remember that there is a workshop on writing a letter of advice in week three.
Ensure you have submitted your letter of advice to the correct dropbox by 11.59pm on the Monday of Week 4.
Process
Please note and follow the process steps below:
Read through and consider the fact scenario.
Read through and consider the relevant legislation.
Conduct analysis of the fact scenario and the applicability of relevant legislation, and plan your advice and letter structure.
Remember to consider the application of the legislation to the facts using the two-step process of statutory interpretation, the purposive approach, and any applicable further principles of statutory interpretation.
Remember to structure your letter to the expected structure of letters of legal advice , typically this means that you: provide an executive summary of your advice (this replaces the standard essay introduction), outline the legal problem, consider the potential options or outcomes, indicate any areas of uncertainty, and conclude with your legal advice.
Remember that this letter of advice does not need to deal with practicalities (such as lawyers fees, pleading guilty, evidence, lengthy outline of facts, etc).
Begin writing your letter, remembering to reference the legal claims you make (because this letter is a university assessment, youll need to reference the words or work of others that you use or refer to and also provide a reference list)
Remember to double check whether your advice directly responds to the fact scenario and provides an analysis using the purposive approach to statutory interpretation, whether you have a clearly written and appropriately structured letter, and whether you have referenced your legal, paraphrased or quoted information.
Complete and submit your letter of advice to the correct dropbox by 11.59pm on the Monday of Week 4.
Assessment criteria
Your letter of advice will demonstrate:
Understanding of the principles of statutory interpretation and accurate practical application
Clarity, relevance and support of advice
Evidence of appropriate legal research
Conformity with AGLC4
Clear written expression and appropriate letter structure
Marking criterion High Distinction
(80-100%) Distinction
(70-79%) Credit
(60-69%) Pass
(50-59%) N
(25-49%) N
(0-24%)
Understanding of the principles of statutory interpretation and accurate practical application
(40%) Demonstrates mastery of the principles of statutory interpretation
Systematically and accurately identifies and applies applicable principles to the relevant legislation and facts Demonstrates a clear understanding of the principles of statutory interpretation
Correctly identifies most applicable principles and applies them to the relevant legislation and facts Exhibits understanding of the principles of statutory interpretation.
Mostly correct identification of applicable principles and consistent application of them to the relevant legislation and facts Shows a developing understanding of statutory interpretation principles.
Correctly identifies some applicable principles and mostly consistent application of them to the relevant legislation and facts.
Shows superficial understanding of statutory interpretation principles.
Superficially identifies and inconsistently applies applicable principles to the relevant law and facts Shows no or very little understanding of the principles of statutory interpretation
Does not identify or apply principles to the relevant law or facts
Clarity, relevance and support of advice (20%) Clearly and succinctly expressed advice that is tightly focused on relevant legal issues
Consistent, appropriate and succinct justification of advice Advice is clear, relevant and focused
Mostly consistent and appropriate support provided for advice Generally clear and mostly relevant advice
Mostly consistent and generally appropriate justification of advice
Advice is limited or hard to identify and only partially relevant
Occasional use of generally appropriate support for advice The letters advice can only be identified with great effort or may be irrelevant
Limited use of support for advice Advice cannot be identified or is completely irrelevant
No or very little justification of advice
Evidence of appropriate research (20%) Demonstrates comprehensive and nuanced consideration of Act in analysis
Appropriately comprehensive examination of relevant extrinsic materials and case law on relevant provisions Demonstrates comprehensive consideration of Act in analysis
Appropriate examination of relevant extrinsic materials and case law on relevant provisions Demonstrates consideration of Act in analysis
Some examination of relevant extrinsic materials or case law on relevant provisions Some consideration of Act in analysis
Limited examination of relevant extrinsic materials or case law on relevant provisions Limited consideration of Act in analysis
Limited or no examination of extrinsic materials or case law on relevant provisions No consideration of Act in analysis
No examination of extrinsic materials or case law on relevant provisions
Conformity with AGLC4 (10%) Error-free use of AGLC4 footnotes and reference including an AGLC compliant reference list of all sources and error-free use of AGLC compliant headings and writing conventions. Mostly error-free use of AGLC4 footnotes and reference including a mostly AGLC-compliant reference list of all sources and mostly error-free use of AGLC headings or writing conventions. Infrequent errors-in use of AGLC4 in footnotes and reference list, and some use of AGLC compliant headings or writing conventions. Frequent errors in use of AGLC4 in footnotes and reference list. Little or no use of AGLC compliant headings or writing conventions. Minimal use of AGLC4 in footnotes and reference list. No use of AGLC compliant headings or writing conventions. No use, or extremely limited use, of AGLC4 in footnotes and reference list. No use of AGLC compliant headings or writing conventions.
Writing and letter structure (10%) Writes with clarity, fluency and specificity, with no, or very minor, spelling or grammar mistakes
Letter is tightly organized with a comprehensive and succinct executive summary, logical, focused presentation of legal analysis, and clear, thorough advice A well-written, readily understandable letter with few, if any, spelling or grammar mistakes.
Letter has a detailed executive summary, logical, clear presentation of legal analysis, and clear presentation of advice A good degree of clarity in written expression, some deficiencies in style and some notable errors in spelling and grammar.
Letter has a recognizable executive summary, mostly logical and clear presentation of legal analysis, and mostly clear presentation of advice Letter is at times hard to understand or uses inappropriate style, or contains many spelling and grammar mistakes.
Letter has some logical organisation, but is lacking an executive summary, clear presentation of legal analysis or clear provision of advice Unclear written expression, a style inappropriate to a legal letter and numerous spelling and grammar mistakes.
Limited identifiable organisation or structure to the letter, and limited or no advice provided. Unclear and confusing written expression, a style inappropriate to a legal letter, and widespread spelling and grammar mistakes.
No identifiable organisation or structure to the essay, and no advice provided.
