understanding can be encapsulated in a word or two in order to focus on the
core concept. Reducing each element and subelement to one or two words
makes them easy to remember for a closed book examination. Generally if we
have made a structured account of something and we understand the topic, the
key words are enough of a mental prod to remind us of the detail. In part this
is the simplicity, in part it is the association between the key words and the
longer description and in part it is because when we structure leaning the parts
of the structure naturally tend to stick together.
Illustration
Introduction
To illustrate how to organise law a hypothetical Act is used here, the Workers
Injury Act 1900.
Note that this Act is incomplete because not all sections
necessary for its operation are reproduced.
This illustration shows the two tasks in organising law. (i) One consists of
micro analysis -
identifying the legal consequences that a provision brings
when it applies and making out a check list of the elements which are
effectively the requirements to be met for those consequences to apply. (ii)
The other consists of a macro analysis, which
entails finding the relationship
between the provisions. As a bonus, it also demonstrates how to read a statute
because the technique for reading a statute is essentially to organise or
structure its provisions.
Since this statute creates a cause of action macro
analysis is based on the standard set of relationships that apply to litigious law.
Workers Injury Act 1900
4
Definitions
In this Act:
“Cause of the injury” means the thing that came into contact with the employee and the reason
that it came into contact with the employee.
“Compensation” means payment of $200 per week during any period of incapacity.
“Medical expenses” means fees paid or payable to a doctor, dentist, nurse or pharmacist as a
result of an injury.
“Registry” means the Registry of the Workers Compensation Tribunal.
“Tribunal” means the Workers Compensation Tribunal.
6
Creation of Tribunal
This section now creates a tribunal called the Workers Compensation Tribunal.
7
Right to compensation
Any employee who is injured while at work is entitled to compensation and payment of
medical expenses.
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