1. Statutory Interpretation 1
‘The most important single aspect of legal practice’ – Chief Justice Spiegelman, NSW Supreme Court
Statutory Interpretation 1
‘There is, of course, no simple formula’ – Mahoney JA in Anti-Doping Rule Violation Panel v XZTT (2013) 214 FCR 40, 64

2. In this session ONe we will:
Examine the anatomy of an Act
Groups : Parliamentary Drafting Exercise
Introduce Statutory Interpretation:
General Principles
General Method
Central interpretive Criteria

3. Drafting – Parliamentary Counsel
How to Make an Act
Proposal
Drafting – Parliamentary Counsel
Bill on Notice Paper
First Reading
Second Reading
Third Reading
Royal Assent
Proclamation

4. What do you expect to find in an Act?
Number
Date
Long Title
Short Title
Preamble
Sections/subsections/paragraph/subparagraphs/clauses/subclauses
Chapters/Parts/Divisions/Subdivisions
Table of contents and Index
Purpose or Objects Clause Definitions
Schedules

5. Drafting Tips Plain Language: Active voice (not passive)
simple, precise, direct and familiar
No unnecessary words
Sentences should not be long winded or with qualifications or exceptions
Active voice (not passive)
Avoid embedding
Help readers- purposes sections, notes examples, summaries, overviews

6. Drafting a Bill: the use of technology in Res School
Aim: Draft class legislation regarding the use of technology in the LAW112 Residential School.
Things to think about:
Principal or Amendment Act?
Legal effectiveness, practicability, timeliness, certainty, comprehensibility, acceptability, brevity, debatibility, legal compatibility.
Structure:
Consequences EG what action constitutes a warning or removal of the item?
Punitive dimension? EG penalties?
Positive dimension? EG How rules support good learning?
Specific Technology referred to? Eg laptops? Phones?
Adjustments/exceptions to ensure substantive equality or formal equality?
Let’s pass it?!

7. How do you decipher an Act?
General Principles
General Method
Central Interpretative Criteria

8. General Principles:
Multifactorial assessment where more than one construction available
Not selective application but a judgment based on all relevant criteria
Object is to determine the intention of the legislature
Context of the provision and legislative purpose

9. General Method Work up from problems, not one-size-fits all
Locate the provision
Read it in context
Identify relevant and multiple interpretative criteria for the problem
Critically analyze how and to what extent those factors assist in determining the legal meaning of a provision
Formulate opposing and available constructions of the provision in light of the indications of meaning gathered so far
Compare constructions – make a judgment as to which carries more weight and is to be regarded as expressing the legal meaning

10. Central Interpretative Criteria
Intrinsic guides of the provision and Act concerned
The relevant Commonwealth, State or Territory Interpretation Act
Acts Interpretation Act 1901 (CTH)
Interpretation Act 1987 (NSW)
Interpretative requirements of other relevant Acts of application such as a Charter of Rights
Pre-existing, related or similar statutes and common law doctrines
Interpretative principles and presumptions developed by courts including the principle of legality; presumption against retrospectivity; implied repeal
Extrinsic materials
Precedents in comparable cases
Other contextual factors include the effect of any alternative construction (absurdity or injustice)

11. In conclusion? Difficulties in drafting legislation
What statutory interpretation rules come into play in deciphering your answers?
The reliance on central interpretive criteria