TAFE Education Act 2002
Imagine that s25 of the TAFE Education Act 2002 in your jurisdiction makes it an offence ‘to bring heroin, cannabis, cocaine or any other drug onto a TAFE campus’. The Education Minister said in parliamentary debate that s25 was introduced to prevent drug trafficking on TAFE campuses.
Explain how the common law and statutory rules of interpretation could be applied to the following situations;
(a) Winnie is caught by a security guard as she is licking white aspirin powder. According to the Macquarie Dictionary, aspirin is a drug. Would Winnie be guilty of the offence. (5 marks)
(b) Cisco is caught with his methadone dose that has been legally prescribed from him. Would Cisco be guilty of the offence. (5 Marks)
Ist Question Pattern: (4 Steps)
1. I * Issue Identify the issue
2. R* rules Rules Act interpretation (apply the 3 below stated rules to form case study
a) The Literal or plain meaning approach
b) The Golden rules approach
c) The Mischief approach
3. A* Application Apply the rules (Statute and use the Common law case as a rules)
4. C* Conclusion What according to you is the best rules(to be applied)in making case study
Question 2 (10 marks)
Aurelie is a successful ballerina but a promising career has been cut short by a serious injury to her right knee. She has torn the anterior cruciate ligament in this knee and requires surgery. She attends the Glades Private Hospital for the surgery to be performed by Dr Stephens. Before being taken to the operating room Aurelie is given a pre-med to relax her. As she is waiting to go into the operating room a nurse checks her details. She is asked which knee is being operated on and in her ‘relaxed’ state points to her left knee. The nurse places a cross on this knee with a coloured pen. Dr Stephens operates on Aurelie’s left knee and finds a perfectly intact cruciate ligament. He then operates on and repairs Aurelie’s right knee. When she awakes she is horrified to find that she cannot move either leg. Advise Aurelie.
2nd Question Pattern:(Total 6 Step)
Ist Step -- I * Issue Identify the issue
2nd Step -- R* rules Rules Act interpretation (apply the 3 below stated rules to form case study
a) The Literal or plain meaning approach
b) The Golden rules approach
c) The Mischief approach
3rd Step -- A* Application Apply the rules (Statute and use the Common law case as a rules)
4th Step -- Elaborate the 5 below given steps in the form of a flow chart to express the case study
5th Step -- And Decribe the Elements
4th Step -- C* Conclusion What according to you is the best rules (to be applied) in making case study
