Reasons For Interpreting Legislation: Problems Applying The Act To A Court Case

Question 1

Most legislation is drafted in general terms

Answer 1

Has to be applied to specific circumstances

Question 2

The Act may have become out of date

Answer 2

May need to be revised to keep up with changes in society

Question 3

The meaning of the words may be ambiguous

Answer 3

Words or phrases used in an Act attempt to cover a broad range of issues. As a result some of the meanings of the words might be ambiguous do the courts must interpret the meaning of those words

Question 4

Give and describe a case when the meaning of the words may be ambiguous

Answer 4

In Davies V. Waldron, the court had to interpret the phrase “ start to drive “ in section 48 and 49 of the road safety act

Question 5

The Act may be silent on an issue and the courts may need to fill in gaps in the legislation

Answer 5

An Act tries to cover all situations that might arise in relation to issues covered in an Act. This may not be possible as some situations arise that were not foreseen

Question 6

Give an example of how The Act may be silent on an issue and the courts may need to fill in gaps in the legislation

Answer 6

Does the word “ man “ or “ woman “ in the marriage amendment Act include a person who has had a sex change

Question 7

The meaning of words can change over time ( answer with an example )

Answer 7

The term de facto relationship was a man and woman living in a domestic relationship. Now it means a couple living in a domestic relationship, regardless of gender