Alliance Australia v Abawi [2025] NSWCA 85
An issue in this case was whether regulations made under a statute were extrinsic materials for the purposes of assisting determination of what ‘soft tissue injury’ means in the statute. The court said ‘no’.
Regulations made after enactment cannot be taken into account. But those made at the same time as the statute can be where the statute and the regulations form a statutory scheme4. Doing otherwise may risk the ‘tail wagging the dog’, French CJ said5. Extrinsic materials must have been available to parliament at the time of legislating for them to be relevant and hence taken into account6. iTip – Episodes 24, 55 and 74 also deal with regulations as aids to interpretation.
This principle is from Episode 123 of interpretation NOW!
Footnotes:
4 White [2024] NSWSC 219 [101-104], PIPE Networks [2013] FCA 444 [93] cited.
5 [48] quoting M47 [2012] HCA 46 [56], cf EHL Burgess [2015] VSC 295 [67].
6 cf Ravbar [2025] HCA 25 [120] citing CIC Insurance (1997) 187 CLR 384 (408).