Approaches to Interpretation of Legislation

Question 1

What is the ‘Literal Rule’ and how is it applied to the interpretation of legislation?

Answer 1

The case of Amalgamated Society of Engineers v. Adelaide Steamship 1920 (Engineers Case) defines the meaning of the Literal Rule.

The Literal Rule obligates a judge to interpret the meaning of words in a statute according to the plain and ordinary meaning.

Question 2

Give an example of when the literal rule was applied?

Answer 2

In Higgon v. O’Dea 1962, under the Police Act 1892 section 84 was legislated to apply to a place of drunkenness, gambling or prostitution against persons under the age of 16. However, when the literal rule has applied the outcome was also interpreted to include amusement arcades producing absurd results.

Question 3

What is the ‘Golden Rule’ and how is it applied to the interpretation of legislation?

Answer 3

The ‘Golden Rule’ was defined in the case of Grey v. Pearson 1857.

The Golden Rule is a corrective principle, in cases of when absurd results are applied through the application of the Literal Rule, the courts are allowed to modify the literal meaning of words to avoid unsatisfactory outcomes.

Question 4

Give an example of when the Golden Rule was applied?

Answer 4

In Adler v George 1964…
The defendant argued that the rule of law prescribed that to “obstruct a royal member in the vicinity of any prohibited place” did not apply because the obstruction occurred “in a prohibited place”. Under the golden rule, the judge construed the meaning of the law and interpreted as “in or in the vicinity of any prohibited place”, upholding the conviction.

Question 5

What is the ‘Mischief Rule’?

Answer 5

The principles of the Mischief Rule was set out in the Heydon’s Case 1584.
This principle allows the court to consider the problem that parliament was trying to ‘cure’ in passing the legislation or provision and allows the court to adopt an interpretation of the ambiguous words that ‘remedy/cure’ that problem.

Question 6

What is the ‘Purposive Approach’ and how is it applied to the interpretation of legislation?

Answer 6

The Purposive Approach is the modern day form of the Mischief Rule. This principle interprets beyond the textual prescriptions of the law and instead, emphasis on the purpose of parliament passing the law.

This principle focuses on the evidence of ‘purpose’ and can be exemplified as:

• Preamble or Purposes section of an Act.
• Bill first reading and second readings
• Parliamentary Debates before the bill was enacted.
• The social conditions at the time of drafting and enactment.
• Any other evidence that establishes the original intentions of the underlying author of a document.

Question 7

Give an example of a case of when the ‘Purposive Approach’ was applied?

Answer 7

MSB of NSW v. Poseidon Navigation 1982.

Question 8

In which Act, is the ‘Purposive Approach’ enacted to improve the quality of statutory interpretation?

Answer 8

Acts Interpretations Act 1901 (CTH) s15AA:
The purposive approach should be used where there is an ambiguity.

Acts Interpretations Act 1901 (CTH) s15AA:
An extrinsic material can be used in interpretation for the purpose of confirming an interpretation or resolving an ambiguity/absurdity. Extrinsic materials include:
- Royal commission or inquiry reports
- Parliamentary committee reports
- Treaties or intentional agreements referred to in the act
- Second reading speech of the minister or person presenting the bill to the house

Question 9

What is the NSW equivalent of the ‘Acts Interpretations Act 1901 (CTH)’?

Answer 9

Interpretations Act 1987 (NSW) s33:
This says that a purposive approach and extrinsic materials should be used to confirm the ordinary meaning of the text conveyed by the statute.

Interpretations Act 1987 (NSW) s34:
This says extrinsic material can be used to determine the meaning of the provision when:

• The provision is ambiguous or obscure; or
• The ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act leads to a result that is manifestly absurd or is unreasonable

Question 10

When interpreting legislation, what is the systematic approach required for courts to interpret statutes?

Answer 10

1. Literal approach. If there is an ambiguity or an absurdity then:
2. Golden approach. If there is an ambiguity or an absurdity then:
3. Purposive approach. If there is an ambiguity or an absurdity then:
4. Explore extrinsic materials.