LAW10010 :Statutory Interpretation Assessment
The following hypothetical is based on a true story.
On Wednesday, 14 October 2020, Professor Simon Rice, a University of Sydney law professor, who was observing a student protest as part of research into protest law, was thrown to the ground by police, arrested and fined $1,000 for breaching the Covid-19 health restrictions.
Shovan Bhattarai, a student from the University of New South Wales, also attending the protest, was also pushed to the ground, but not arrested or fined.
The details and circumstances surrounding these events were reported that day in the Guardian Online (https://www.theguardian.com/australia-news/2020/oct/14/sydney-university-professor-who- teaches-law-of-protest-arrested-while-watching-student-protest?CMP=Share_iOSApp_Other).
Recall that 2020 was the start of the global pandemic known as COVID-19. As part of the NSW governments management and response to that pandemic, the Minister for Heath (NSW) made a series of public health orders pursuant to section 7 of the Public Health Act 2010 (NSW) (the Act)
The public health orders that applied at the time of these incidents were set out in Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020 dated 25 September 2020. (https://legislation.nsw.gov.au/file/Public Health (COVID- 19 Restrictions on Gathering and Movement) Order (No 5) 2020
_201123.pdf). These public health orders have since been withdrawn and are no longer in force.
Two years on from these events, Simon and Shovan attend the offices of the law firm that you have recently joined as a junior associate. One of the partners of the law firm asks you to draft a research memorandum for this case, that allows the partner to advise these new clients. You are told to focus on Parts 1, 2 and 8 of the Act and to determine:
- Does Simon have grounds for getting his fine quashed under the Act? Explain the legalgrounds on which your advice is based (15 marks);
- Can Shovan still be charged with an offence under the Act relating to her behaviour on 14October 2020 and if so, the prospects of her successfully defending the charges? Explain the legal grounds on which your advice is based (10 marks)
An additional 5 marks will be awarded for the style and structure of your memo. (5 marks)
Assignment instructions
Read the instructions very carefully. Please answer both questions (1 & 2) in the form of a research memorandum.
Sources to use
Only consult Parts 1, 2 and 8 of Act and the annexed public health orders in force at the time ofthese events. Do not consider charges outside the Act.Interpret the Act using the statutory interpretation approach and principles that you have studied in this Unit.
You may use any extrinsic materials you think are relevant, such as the Ministers second reading speech and the regulations and consult the Interpretation Act 1987 (NSW).
You may use cases that support any interpretive approach or principle that you wish to rely on in your advice. You may use legal databases such as JADE to find appropriate case law in addition to the cases discussed in class or referred to in Cook, Creyke, Geddes and Hamer, Laying Down the Law (LexisNexis, 11th ed, 2020).
Style to Use
Remember to use the IRAC approach in answering these questions.