Shafran v Secretary [2024] FCA 621
S challenged a review of his pension on the basis that ‘evidence’ considered was not otherwise admissible. Banks-Smith J (at [113]) held it was intended that pension reviews consider a wide range of material, and that ‘evidence’ here should bear this extended meaning across the statute in question5.
The judge quoted the High Court for the presumption that the ‘same meaning is given to the same words appearing in different parts of the statute’6. There needs to be a good reason for this not applying, and it would be ‘odd and unsatisfactory’ here if it didn’t. This presumption is always dependent on context7 and, in this case, context confirmed its application.
This principle is from Episode 111 of interpretation NOW!
Footnotes:
5 Veterans’ Entitlements Act 1986 (Cth).
6 Jacobs Group [2023] HCA 23 [25], cf Tabcorp [2016] HCA 4 [65].
7 Murphy [1988] HCA 31 [7], Beane (1987) 162 CLR 514 (518), Episode 3.