Key Points:
The task of statutory construction must begin with close
consideration of the text itself, free from policy
considerations.
In a series of recent decisions, the High Court has highlighted
the primacy of the text in statutory interpretation and cautioned
against placing reliance on extrinsic materials.
Start with the text
In several decisions the High Court has confirmed that the task
of statutory interpretation "must begin with a consideration
of the text itself" (see, for example, Alcan (NT) Alumina Pty
Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 at
[47]).
The primacy of the statutory text was emphasised in Australian
Education Union v Department of Education and Children's
Services [2012] HCA 3, where the High Court emphasised that purpose
must be derived from the text of legislation, and not superimposed
at the expense of the text. The case concerned a long-running
dispute between the Australian Education Union and the
