STATUTORY INTERPRETATION

STATUTORY INTERPRETATION? What is it?  Process where judges interpret the words or phrases in an act of parliament, in order to give the words meaning Why does it happen?  Acts usually written in general terms  judges need to interpret them so that they can be applied specifically to cases before them

 Need usually arises when case comes before the court where there is a dispute about whether the words or phrases in the act apply to the particular situation before the courts. WHEN DOES IT OCCUR?

 The reasoning for their interpretation sets a precedent, which other judges who interpret the meaning of those words in the same act will then follow  Therefore  judges are making law by adding to existing law and clarifying what the law is.  Judges decision does not change the words of the act WHY IS IT CLASSIFIED AS LAW MAKING?

METHODS USED BY JUDGES TO INTERPRET ACTS  If the meaning of the words of an act are unclear to the court, or they are unsure of how to apply them to a situation, they will look further so they can apply the intention of parliament, at the time the act was passed, to the situation before them  In their search for the intention of parliament they look at two things: Intrinsic materials Extrinsic materials

INTRINSIC MATERIALS  CONTAINED IN THE ACT ITSELF Intrinsic materials Headings, margin notes, foot notes, punctuation Preambles The words of an act (section being interpreted and others) The long title Schedules (give more meaning to sections)

Extrinsic materials  materials outside of the act Extrinsic materials Interpretation of acts Reports from committees and law reform bodies Parliamentary debates Law reports Dictionaries

LITERAL APPROACH  Judges will usually look at the literal meaning of the words in acts. To find out the precise meaning they might look at:  Other sections of the act such as the definition section. Other sections may also more clearly show the way the word is to be applied.  Dictionaries. However, the meaning of a word will not convey the intention of a act as a whole, and sometimes words can have a range of different meanings.

PURPOSIVE APPROACH  If literal approach to interpreting the words in the act will not achieve the intention of parliament when passing the act, judge will use this approach  Purposive approach = look at the acts purpose and what the act intended to achieve when it was originally passed

GUIDELINES FOR INTERPRETATION The Acts Interpretation Act 1901 (Cth) and the Interpretation of Legislation Act 1984 (Vic.) provide:  guidance to the courts on how Commonwealth legislation and Victorian legislation should be interpreted and;  what the courts are able to use to assist them in interpreting the legislation.  Under these acts, courts must look at what the intention or purpose of parliament was when the act in question was passed (purposive approach)

CASE STUDY: DEING V. TAROLA  Studded Belt Case

Problems as a result of drafting Mistakes can occur during the drafting of the act (sexual exploitation of mentally impaired) The intention may not be clearly expressed Act might not have taken into account future circumstances (Constitution, - naval and military) REASONS FOR STATUTORY INTERPRETATION

Problems applying the act to a court case Meaning of the words can change over time (“defacto) Act may be silent on an issues and courts need to fill the gaps (sex change – marriage act) Meaning of the words may be ambiguous (Davies v. Waldron)

REASONS FOR INTERPRETATION OF STATUTES  Page 260  Expert groups