Question: What are the steps to answer Statutory Interpretation questions? I still confused things like silent Act as I am doing a crash study for my
What are the steps to answer Statutory Interpretation questions? I still confused things like "silent Act" as I am doing a crash study for my coming exam. I have attached a test exam SI question for reference. Thanks a lot.
(I can't seem to attach corresponding documents here, so I copied the question instead)
T3 2017 (Jan 2018)
You are a solicitor employed by Thrones Solicitors Sydney in Parramatta, NSW. A partner of the firm gives you the following notes. The information contained in these notes is accurate.
Tony Rivera is a young man 20 years of age who was adopted at birth by his mother in accordance with the Adoption of Children Act 1970 (NSW). He has had a very happy life with his adoptive parents but he, like many other adopted children, felt the need to know who his natural parents are and why they found it necessary to give him away.
Upon inquiring with the Children's Services Department he discovered that under s 49B of the Adoption of Children Act 1970 he could be advised of the identity of his birth parents and be given their last-known address if it was recorded, as long as no objection has been lodged by the birth parents (s 49AA(2)). Tony subsequently was given information concerning his birth mother Cleopatra Caesar.
The initial contact in September 2000 went very well. His birth mother Cleopatra Caesar seemed quite receptive to his communication and so he contacted her on a number of occasions, some in person and others by telephone. However, Cleopatra's husband and children treated the news of his more frequent contacts with disapproval. Cleopatra informed Tony of her concerns but he expressed the view that now he had found her he wanted to get to know her better. In response to this, Cleopatra lodged an objection to any further contact pursuant to s 49AA (2) of the Act on 30 January 2001.
Tony received a registered letter from the Department on 5 February 2001 but he decided to leave it unread. He rang Cleopatra's home on 3 occasions but was told by members of her family that she no longer wanted to speak to him. During the initial contact he learned that she worked at the Department of Transport in Tamworth and so he confronted her on the steps of the building on her way to work and then in the evening - in total 3 times. Cleopatra on the first of these contacts tried to reason with him that she was happy to have met him but that it was causing too much grief within her own family. All the other times she tried to ignore him completely. Much to his horror, he has received a summons to appear in the Magistrates Court charged with contravening s 49D of the Act. He cannot understand how she can be allowed to change her mind.
The relevant sections of the Act are -
S 4 The objects of this Act include:
(d) ensuring that identifying information is available for all parties of an adoption;
...
(f) maintaining the privacy of all information where an objection has been lodged.
S 49AA (2) provides:
A birth parent of an adopted person, ... may -
(a) object to contact being made with the [birth parent] by a specified person or class of persons; or
(b) object to contact being made with the [birth parent] by a specified person or class of persons and also object to the disclosure of information under s.49B to the person or those persons.
S 49D Objections by birth parents
(1) Any adopted person, ... who has received information in respect of a person under section 49B shall not
(a) contact or attempt to contact that person;
...
if that person has, to the knowledge of, the first mentioned person, ... made an objection under section 49AA that is in force in relation to the first mentioned person, ...
(2) Any adopted person, ... who has received information in respect of a person under s 49B shall not intimidate or harass that person...
A breach of any provision of this section constitutes an offence. Maximum penalty: Imprisonment for 2 years.
Part 6A - Access to Identifying Information - in its current form was the result of recommendations from a Parliamentary Standing Committee Report on Adoption Information. The majority opinion of that Report recommended that:
Many see the provision of information to adopted children as being paramount for their well-being psychologically. It is empirically proved that adopted persons benefit from any form of relationship with their birth parents. Whilst this committee acknowledges that privacy is important to the parties to an adoption, it also recognises the enormous benefits gained through the availability of knowledge. It is important that information concerning contact details be kept as open as possible. We recommend that information only be withheld where the birth parent has lodged an objection.
Tony is asking your advice as follows:
(1) Should the mother be able to object to him contacting her (s 49AA(2))? Also discuss the potential arguments that can be made on behalf of the mother.
(2) What are his prospects of defending the charge (s 49D)?
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