Statutory Interpretation

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Definition

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Statutory interpretation is another way judges make law. This refers to the process by which judges interpret the words or phrases in an Act of parliament (statute), in order to give the words meaning. Acts are often written in general terms and have to be interpreted and applied by judges so that they can decide the specific cases before them.

The need for this interpretation arises when a case is brought before a court in which there is a dispute about whether the words or phrases contained in an Act apply to the particular situation before the courts. For judges to provide interpretation of words in an Act there must be a case before the court.

When a judge interprets the meaning of a word, or words, in a statute, the reasoning behind this interpretation sets a precedent which other judges who are required to interpret the meaning of those words in the same Act will then follow in the future. The new precedent then becomes part of the law along with the statute.

The judges can therefore be said to be law-making by adding to existing law and clarifying what the law is. For future cases, the Act and the precedent, which was created by the court when interpreting the Act, are read together and form the law.

The judge’s decision does not change the actual words of the Act of parliament, but adds meaning to the words to be applied in future cases and situations.

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Intrinsic materials

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Intrinsic materials are contained in the Act itself and include:

• the words of the Act – both the section being interpreted and other sections

• the long title

• preambles

•headings, margin notes, footnotes, punctuation

•schedules.

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Extrinsic materials

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Extrinsic materials are those outside the Act that can be used to assist in the interpretation of the Act and include:

• parliamentary debates (recorded in Hansard)

• reports from committees and law reform bodies

• interpretation Acts

• dictionaries

• law reports.

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Literal approach

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Judges will generally look at the literal meaning of words in Acts (the literal approach) when interpreting the meaning of words. To ascertain the precise meaning of a word they may look at the following.

• other sections in the Act – Sections of the Act, such as a definition section, may give the precise meaning of the word according to the intention of parliament. Other sections may also more clearly show the way the word is to be applied.

• dictionaries – A dictionary will give the literal meaning of a word, but the meaning given may not convey the intention of the Act as a whole, or fit the particular situation of the case before the court. A particular word may also have a number of different meanings.

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Purposive approach

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If the judge feels that using the literal approach to interpreting the words in the Act will not achieve the intention of the parliament when the Act was originally passed, the judge will interpret the words in the Act using the purposive approach. This involves looking at its purpose and what the Act was intended to achieve when it was originally passed.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, respectively, should be interpreted and what the courts are able to use to assist them in interpreting the legislation. Under these Acts the courts must look at what the intention or purpose of parliament was when the Act in question was passed; that is, use the purposive approach.