Delegated legislation

4nature v Centennial Springvale [2017] NSWCA 191

Episode 13 mentioned court comments that delegated legislation, being ‘less carefully drafted’, is to be ‘less keenly scrutinised’.  Not everyone agrees8.  In 4nature (at [45]), an appeal judge has now denied that ‘there is some general principle requiring laxity or flexibility in construing delegated legislation, or statutory instruments generally’. 

The correct approach (at [51]) is that the ‘language be read in context and having regard to the objective which it was designed to promote’.  The primary focus, however, ‘must remain upon the text’.  iTip – apply the same interpretational rules to delegated legislation and statutes alike.      

This case is from Episode 28 of interpretationNOW!


8  Argument (2015) 26 Public Law Review 137, for example.