Statutory Interpretation: The Purposive Approach

Question 1

What is the definition of the purposive approach?

Answer 1

Similar to mischief but not limited to reformed acts
Judge looks at ‘purpose’ of act and looks forward to see what P wanted the Act to achieve.
Often look outside of Act to find P’s true intention

Question 2

What are two features of the purposive approach?

Answer 2

Modern day approach
Takes a broader approach than the mischief rule

Question 3

What are two cases for the purposive approach?

Answer 3

Registrat General ex parte Smith
Jones v Tower Booth

Question 4

What happened in Registrar General ex parte Smith?

Answer 4

Person had the right to obtain original birth certificate, D was in prison for murder - was evidence he wanted to kill birth mother
Refused access to birth certificate

Question 5

What happened in Jones v Tower Boot?

Answer 5

Mr Jone suffered racial harassment from co-workers, tried to sue.
Purpose of act was to stop any kind of racial discrimination so Mr Jones won his claim

Question 6

AO3 Advantage points

Answer 6

Expresses P’s intent
Modern and popular - likely to be happy
Goes further than other rules - flexible - Jones
Copes with unforeseen situations - ex parte Smith

Question 7

AO3 Disadvantage points

Answer 7

Judicial creativity
Use extrinsic aids - lengthy - Hansard can make people look at wrong things
Inconsistency
Difficult to know P’s intent