GHJ v Dept of Justice (No 2) [2019] VSC 411
Where a statute contains what was called a ‘defined decision making structure’, this should be followed even if the primary value expressed in a general objects clause may favour a different outcome.
In this child-worker vetting case, the power to give a negative notice was limited to 3 defined situations1. Ginnane J said (at [39]) this categorical structure must be followed, even where it was against the primary object of protecting children from harm. Giving a negative notice outside the 3 situations was beyond power. iTip – although an objects clause is available as an aid to construction, it cannot be used to subvert clear statutory language or structure.
This case is from Episode 50 of interpretationNOW!
Footnotes:
1 Working with Children Act 2005 (VIC).