Practice Statutory Interpretation Question Guide to answering the question
What follows follows is a guide. It demonstrate demonstratess an approach approach to answering answering problem problem questions and has been designed to help you develop the analytical skills you will require. require. It is not a sample answer to this question. It is not in essay format format – the format in which you will be required required to present your answers. It contains a guide guide to the the relev elevan antt law law, and and does does not not atte attemp mptt to prov provid idee a full full lega legal l discussion discussion of the question question or full citations citations of any sources sources referre referred d to. These questions help develop your analytical skills but are not a replacement for learning and applying the relevant relevant law. WORK OUT WHAT TH QUSTIO! IS A"OUT
Start by carefully reading the question to work out what it is about. If often helps to underline or or highlight key words words and phrases as you go through. This serves as a useful checklist to make sure you have covered all relevant material in your answer. The Control of Domestic Animals to Prevent Injuries t o Children and Vulnerable Citizens Act, 1995 (NSW (Assented to 1st June 1995)
s.1 Short Title This Act may be cited as The Domestic Animals Act. s.2 Interpretation In this Act unless the contrary intention appears !domestic animal" means do# cat $erret mouse #uinea pi# horse or other pet. !o%ner" includes re#istered o%ner or any other person in possession o$ the domestic animal& %here a minor is in possession o$ a domestic animal the parents or #uardians o$ the minor %ill be deemed to be the o%ner !restrained" means chained secured on a lead or attached to a $i'ed obect. !re#istered o%ner" means the adult person %ho has re#istered the domestic animal s. All domestic animals must be re#istered. s. *. The o%ner o%ner o$ any domesti domestic c animal animal in a metrop metropoli olitan tan area shall shall restra restrain in the domestic animal at all times. s.5. The o%ner must control the domestic animal at all times. s.+ Any person person in posses possessio sion n o$ an unre# unre#ist istere ered d domes domestic tic anima animall is #uilty #uilty o$ an o$$ence. (,enalty- 5 ,enalty /nits) Page 1 of 12
s.0 Any person in breach o$ sections * and 5 is #uilty o$ an o$$ence.( ,enalty- 5 ,enalty /nits) s. Any alle#ed breach %hich i$ success$ully proen %ould result in a potential liability in e'cess o$ 1 ,enalty /nits shall be prosecuted in the Supreme 3ourt o$ 4S. 3ontemporaneous ne%spaper reports indicate that The Domestic Animals Act 1995 (6the Act7) %as brou#ht into $orce to deal %ith t%o social problems- 3ats destroyin# natie %ildli$e and inuries to children caused by do# attac8s. In Jones (District 3ourt 199+ unreported) the 3ourt considered section + o$ the Act. Amon# other thin#s the 3ourt $ound that a coc8atoo %as a domestic animal. :or the purposes o$ this ;uestion do not consider %hether any other le#islation may hae been breached. 3itin# and usin# the releant rules o$ statutory interpretation adise in relation to the $ollo%in#Question 1. ( 15 marks) ichard lies in outbac8 4S and li8es to hunt. arch 25 ichard and oer %ere campin# on a $riend7s isolated property 5 8m $rom the nearest small to%n. The property has been oerrun %ith possums. In return $or the campsite ichard a#rees to hunt possums %ith oer. oer 8ills 25 possums. ichard ta8es the possum s8ins into to%n to >ary7s se%in# shop to hae a possum s8in ru# made $or his mother $or 3hristmas. >ary7s husband is the local policeman. 4oticin# >ary7s ne% commission he in;uires o$ ichard ho% the possum s8ins %ere obtained. ichard is char#ed %ith breachin# the Act. Adise ichard. Question 2. ( 15 marks) ?eth has ust moed to =ran#e and is ery e'cited because her re#istered do# >olly has ust #ien birth to $ie pups. ?eth needs to start her ne% ob in the =ran#e >etropolitan Deelopment =$$ice but is con$ident that her puppies %ill be sa$e as her bac8yard is %ell $enced. @ladys the local nei#hbourhood %atch captain drops in %hile ?eth is at %or8 to %elcome her to the nei#hbourhood. Throu#h the cyclone $ence she notices the puppies $rolic8in# $reely in ?eth7s yard. She calls the police and ?eth is char#ed %ith breachin# the Act. Adise ?eth. Question 3. ( 20 marks)
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:ran8 loes his pet ma#pie >a##ie %hich seres as the mascot $or his /12 Sydney :ootball team. >a##ie comes to all the #ames %ith :ran8. In >arch 2* :ran8 %atched by >a##ie is playin# in the par8 at the end o$ his street %ith school $riends. /ne'pectedly >a##ie s%oops and inures his $riend. :ran8 runs home to $etch his mother $or help. ater that day the police 8noc8 at :ran87s door and char#e :ran87s parents %ith breachin# sections * and 5 o$ the Act. Adise :ran8 and his $amily.
WHAT IS TH QUSTIO! IS A"OUT#
Richard, Beth and rank!s parents are charged with an offence under the "omestic #nimals #ct. $ou need to understand the provisions of this #ct and any rules of statutory interpretation so that you may properly advise them. The question may talk about control of pets, B%T IT IS #S&I'( $)% T) I'T*R+R*T T* ST#T%T*. Be careful not to be distracted by red herrings. STRU$TUR
The question is divided into three parts, each dealing with the same legislation, but each raising different questions based on different fact scenarios. $ou should adopt the structure of the question, and deal with each part separately. #ny relevant law discussed in one question may be referred to in a subsequent question. -uestion / Richard WHAT %UST W $O!SI&R TO I!TRPRT A STATUT# WHAT AR TH '%!TS O( STATUTOR) I!TRPRTATIO!#
+reliminary matters
&AT* WH! "I" TH #$T $%& I!T% '%($) I' TH #$T I* *I+!T WH#T "%* TH (+#!T I!T(-(T#TI%! +I*+#TI%! -(%I") WH! "I" TH -#(TI$/+#( 0H#I%/( %$$/() I* IT $#/HT 01 TH #$T)
Royal assent/ 0une 112 3ommencement date/ #ct silent4 consider Interpretation legislation 5 67 day rule applies. 8Remember, you need to determine which of the Interpretation #cts to use 9 we are interpreting a 'ew South :ales Statute, so it will be the Interpretation #ct 2345 8'S:; s6<; :hen was Richard arrested= :as the #ct in force at the relevant time= Page 3 of 12
6This is an e7ample of application. 1ou have to show how the law applies to the particular facts in this question.8
+URIS&I$TIO!* "I" TH (+#!T -#(+I#&!T H# -%W( T% -#** THI* +#W)
This is an act of the 'S: +arliament. #re there any issues with respect to >urisdiction= If there are no issues, this matter does not need to be dealt with.
Interpretation
(O$US O! TH S$TIO!* WH#T *$TI%! #( 1%/ "#+I! WITH) WH#T #( TH 91 W%("* I! TH *$TI%! WHI$H !" T% 0 I!T(-(T") APPROA$H TO I!TRPRTATIO!* $%&&%! +#W %( *T#T/T) $%!*I"( 'I(*T TH !#T/(#+ #!" %("I!#(1 &#!I! %' TH W%("*. !%W $%!*I"( WHTH( TH W%("* %' TH *$TI%! H# &%( TH#! %! &#!I!) $%!*I"( s2:##, #* I!T(-(T" 01 "#W*%! ;. I! &I++* v &9I!. "oes consideration of purpose open a second construction, which is to be preferred=
:hich section is relevant to Richard= It could be s< or s2. :hy can!t it be s ?= :here is Richard= Remember, to be guilty of an offence, Richard must satisfy every element 8usually the key words; of the relevant section. s. All domestic animals must be re#istered.
s.5. The o%ner must control the domestic animal at all times.
Section
ow does the law 8i.e. what is a domestic animal; apply to the facts of Rover= If Rover is a domestic animal, is it registered= :hat information do we have about this matter= If it is unclear, then both alternatives should be mentioned. If Richard is in breach of s < what is the penalty, and where in the #ct would it be found= Section 2/ :hat are the elements of s2 which must be satisfied= • • • •
)wner 3ontrol "omestic animal #t all times
Is Richard an @ownerA= :hy= :hat section are you referring to 8s6=; and why= ave you considered how, on the facts, the provisions of this section havenot been met= :hat does control mean= Is it defined in the #ct= :hat other tools can you use to find the @natural and ordinary meaningA of this word= 3an you use a dictionary= :hy= :hat is your authority 8legal reason; for this= 8e.g. State 3hamber of 3ommerce case=; :hat legal approach are you using here= :hy= :hat is your authority= aving determined the legal meaning of control, look at the facts. :as Richard in control of Rover= :hat facts suggest this= :hy are you given details of Richard!s involvement in dog obedience clubs= Is Rover a Cdomestic animal!= This is a good eDample of an opportunity to refer to a previous discussion. This question has been dealt with eDtensively above, and so would not need to be considered again. $ou could simply refer to your previous discussion and incorporate the conclusion here. If Richard was in control, was he in control @at all timesA. :hat does this mean= #lways or at all times when he is outside his property= Is this ambiguous= If it is, what legal tool does this suggest you should use= S
Is it relevant that Rover has killed native animals= :here in the #ct is this an offence= "o we need to consider purpose at this point= :hat is the relevant law= :hat governs our approach to interpretation= 3ommon law or statute= 3onsider s<< as interpreted by "awson 0 in Eills v Eeeking. "oes consideration of purpose open a second construction, which is to be preferred= :here would you look to determine the purpose of the legislation= 8Re-e-.er/ un,ess you ha0e satis1ied the tests 1or e2trinsic -ateria,/ you cannot use it3 What intrinsic -ateria, can you re1er to#4 $%!*I"( WHTH( TH W%("* %' TH *$TI%! H# &%( TH#! %! &#!I!. What is your conc,usion# (Note the process we are using < find the meaning of the word 6legal question8 and then look at how=if on the facts, that legal test has been met. In other words, in solving a statutory interpretation problem we< 2. Isolate the relevant section and its elements >. "etermine the legal meaning of each of the elements, using the relevant legal tools of interpretation? and @. Then seek to apply the law to the facts, and test whether or not on the facts we have available to us, the relevant law has been satisfied=applies. This approach will be common to any legal problem solving.)
-uestion 6/ Beth 6Typically, different questions will raise different issues. While there will always be some overlap, be careful to spot the particular issues raised in the question, and discuss them, rather than Aust repeat your prior discussion. 0e careful also when referring to a previous discussion. 1ou can always refer to a previous legal discussion, but you must make sure that you consider how the legal position applies to the different facts of each question.8 WHAT %UST W $O!SI&R TO I!TRPRT A STATUT# WHAT AR TH '%!TS O( STATUTOR) I!TRPRTATIO!# Pre,i-inary -atters
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&AT* $ou may refer to your earlier legal discussion of when the #ct came into force, but you can!t simply say it applies. $ou have to consider howif it applies to the new facts of Beth!s question. +URIS&I$TIO!* This is an act of the 'S: +arliament. #re there any issues with respect to >urisdiction= If there are no issues, this matter does not need to be dealt with.
Interpretation (O$US O! TH S$TIO!* WH#T *$TI%! #( 1%/ "#+I! WITH) WH#T #( TH 91 W%("* I! TH *$TI%! WHI$H !" T% 0 I!T(-(T")
:hich section is relevant to Beth= It could be ss<, ? or s2, so all will need to be considered. Remember, to be guilty of an offence, Beth must satisfy every element 8usually the key words; of the relevant section. s. All domestic animals must be re#istered. s. *. The o%ner o$ any domestic animal in a metropolitan area shall restrain the domestic animal at all times. s.5. The o%ner must control the domestic animal at all times.
Section
Section ?/ :hat are the elements of s? which must be satisfied= )wner • "omestic animal • Eetropolitan area • Restrain • #t all times • The only two new elements in this section which need consideration are @metropolitan areaA and @restrainA. It is not necessary to consider the legal meaning of any other elements 9 you may simply refer to your previous discussion, but must consider howif these legally defined terms apply to the new facts. 8$ou will not need to do this with domestic animal as you have already applied it to the facts when considering s< above.; :hat is your authority for referring to a prior discussion of the same words used in a different section of the same #ct= :hat legal principle are you using= )n what authority= 6-resumption that all words in legislation will have a consistent meaning)8 :hat does metropolitan area mean= Is it defined in the #ct= :hat other tools can you use to find the @natural and ordinary meaningA of this word= aving determined the legal meaning of metropolitan area, look at the facts. :ere Beth and her dogs in a metropolitan area= :hat facts suggest this= Fook closely at the question. :hy does it give you such detail about Beth!s new >ob= $ou are advised that her >ob is at the Orange %etropo,itan &e0e,op-ent O11ice3 ow are you going to use this information= :hat does @restrainA mean= Is it defined in the #ct= :here= The statutory definition in s6 provides/ !restrained" means chained secured on a lead or attached to a $i'ed obect.
:hat type of definition is this= Is it a list= :hat are the special principles of statutory construction we use with respect to lists= :hich maDim is applicable here= !oscitur a sociis) #re Eolly and the puppies chained= #re they secured on a lead= #re they attached to a fiDed ob>ect, as understood using a noscitur a sociis Page 8 of 12
construction= #re Eolly and the puppies restrained 9 not on a common sense view, but within the meaning of the law= 8#ny use of a rebuttable presumption or a Fatin maDim should be checked against the purpose of the legislation. :hy= :hat is our legal authority for this=;. :hat does @at all timesA mean= ow does your legal definition apply to the present facts= Is Beth in breach of s ?= Section 2/ :hat are the elements of s2 which must be satisfied= )wner • 3ontrol • "omestic animal • #t all times • Remember, the legal meaning of all of these terms has been previously discussed, so you simply need to apply the law to the facts. The only new element to be considered is @controlA. :hat is your conclusion=
-uestion urisdiction= If there are no issues, this matter does not need to be dealt with. Interpretation Page of 12
(O$US O! TH S$TIO!* WH#T *$TI%! #( 1%/ "#+I! WITH) WH#T #( TH 91 W%("* I! TH *$TI%! WHI$H !" T% 0 I!T(-(T")
:hich section is relevant to rank= It could be ss<, ? or 2 so all will need to be considered. Remember, to be guilty of an offence, rank must satisfy every element 8usually the key words; of the relevant section. s. All domestic animals must be re#istered. s. *. The o%ner o$ any domestic animal in a metropolitan area shall restrain the domestic animal at all times. s.5. The o%ner must control the domestic animal at all times.
Section
:hat was Rover= :hat were Eolly and her puppies= :hat animal are we dealing with in this question= This question will require a more careful consideration of the definition of @domestic animalA. Is Eaggie a domestic animal= Specifically is she an @other petA= ow we will interpret this general term which comes at the end of a list= %sing the e>usdem generis maDim= :hat is the class of dog, cat, ferret, mouse, guinea pig and horse= :ill a two legged bird be part of a class of four legged mammals= :ill Eaggie be considered an @other petA= 83heck your findings against purpose;
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:hat other information do we have in the question about the meaning of @domestic animalA= 'ote the >udicial interpretation in R v 0ones. "oes this suggest a different interpretation of @domestic animalA= 3onsider the rules of precedent. :hat court decided R v 0ones= Is this decision binding= :hy= :hy not= :hat court will hear rank!s parents! case= :hat information do we have in the question= 3onsider ssG,7= :hy are we given this information= In which court will rank!s parents! matter be heard= Is R v 0ones binding= :hat does @domestic animalA mean=
3onsider purpose. 8:hy are we doing this= s<<=; :hat intrinsic material can we refer to= Fong Title= "oes this help us= 3an we refer to eDtrinsic material= :hat test has been satisfied= Statutory or common law= 8$ou must state and apply any test, or else eDtrinsic material cannot be referred to.; IS TH OR&I!AR) %A!I!G O( TH S$TIO! A%"IGUOUS OR/ O"S$UR/ or does it ,ead to a resu,t which is %A!I(ST') A"SUR& OR U!RASO!A"'# 5Why are these words i-portant# What are the tests they re1er to# Where are these tests 1ound#4 :hat eDtrinsic material is available= The only material is a newspaper report. :hat does contemporaneous mean= "oes the newspaper report fall within the categories specified in s
Is Eaggie registered= 8Is she eligible for registration if she is not a domestic animal=; :hat is your conclusion= Section ?/
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:hat are the elements of s? which must be satisfied= )wner • • "omestic animal • Eetropolitan area Restrain • #t all times • There is no need to repeat your legal discussion of the meaning of these words 9 simply apply it to the new facts. Is rank the owner= )r are his parents the owner= Refer to the definition in s6 and consider how this applies to the facts. Is Eaggie a domestic animal= 8Refer to previous discussion; #re they in a metropolitan area= :hich facts will you refer to= or whom does rank play football= Is Eaggie restrained= 8Refer to your previous legal discussion and consider how this applies to the present facts.; #re all the elements satisfied= :hat is your conclusion= Section 2/ :hat are the elements of s2 which must be satisfied= • )wner • 3ontrol "omestic animal • #t all times • Remember, the legal meaning of all of these terms has been previously discussed, so you simply need to apply the law to the facts. :hat is your conclusion=
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