58Johan Steyn, Pepper v H art: A Re-exam ination, Oxford Journal of Legal Studies, Vol 21, No 1 (20 01),
p 59 . Hon Justice Kirby, Towards a G rand Theo ry of Interpretation: The Case o f Statutes and Co ntracts
(2002) 48 Clarity 3. J J Spigelman AC The Poets Rich Resource: Issues in Statutory Interpretation (2002)
21 Australian Bar Review 224. Lord Steyn Interpretation (Treaties, Con stitutions, Statutes, and Con tracts),
an address delivered at Victoria University of Wellington, September 2002.
36
different environments. Administrators apply it, lawyers structure transactions
around it and advise on it, judicial officers in the courts and tribunals apply it,
exercise discretions under it, and interpret it, individuals and corporations use it,
whether as manufacturers, sellers, or employers, and ordinary citizens use it to
ascertain their rights and obligations. Interpretation of legislation is now widely
regarded as the most important aspect of judicial work.58 There is a great challenge
on law reformers to continue to make legislation ever more accessible. This is in
part the result of governments making legislation available free on the Internet.
Particularly if one is a lawyer, a shift in mindset is required along with a recognition
that legislation has a far wider audience today than it ever did. It requires a degree
of experimentation to find out what works best. It also calls for balanced judgment
and an element of courage. Not everyone thinks the use of plain language in a
legislative context is a good thing, and there are well positioned individuals ready
with disparaging criticism of ones eff orts.
67
Two Australian Judges provide an interesting contrast in perspective. In a decision
given in 2000 in the Queensland Supreme Court in FAI Insurance Co Ltd v
Spannagle, Justice Chesterman said:
The Act and the regulations are in the modern style. No attemp t has been ma de to articulate with any
precision what the legislation intends. Different words are used to give expression to the one concept
and any continuity of terminology is avoided as is any consistency in the treatme nt of the concept.
Instead, one finds disjointed platitudes set forth with almost banal generality. In this wilderness of
words two factors appear to indicate that it is within the power of the Transport Administration to
renew registration retrospectively after the effluxion of a period of registration.
...