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the role of the legislative drafters in OPC to raise issues that are likely to be of
concern to the Australian Parliament and the Scrutiny of Bills Committee in
particular.
Part 3
Legislative language and accessibility
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Lord Oliver s injunction that badly drafted laws, however well intentioned, are a
form of tyranny relates to issues about accessibility at a different, but equally
fundamental, level. Badly drafted laws create a range of problems. Not only is there
a cost involved in having to get legal advice or in recourse to the courts to ascertain
meaning, but more importantly the courts, and not Parliament or the executive,
ultimately determine what the legislation means. Parliament cannot complain about
jud icial legislating if that is the necessary consequence of unclear legislation.
Badly drafted laws constitute a barrier to access to justice. In an ideal world,
legislation would always be crystal clear and the courts would have nothing more
to do but apply it. The drafting of legislation is not, however, an exact science.
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To a degree, accessible legislation will always be illusory. A reader cannot go to a
statute and safely assume that, having read the words, he or she will know what the
law is on the subject with which the statute deals. The meaning of a statute is
affected by interpretation legislation and by common law principles of
interpretation, like the canons of construction.
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In some jurisdictions, legislation expressly authorises recourse to extrinsic aids in
the reading of statutes. In others, reference to material outside the statute is
permissible within limits determined by the courts. Whether recourse to material
outside the statute should be permissible at all or, if so, to what extent, is not