Complicated laws causing harm: top judge
Poorly worded and convoluted laws are causing confusion and harm, according to a Victorian senior judge.
Supreme Court of Victoria Court of Appeal judge Mark Weinberg says both Commonwealth and Victorian laws are unduly complex, too long, amended too much, and too abundant.
He says it can cause problems in sentencing and appeals.
"Every time a judge is confronted with a provision that is either poorly drafted, or requires a lengthy trawl through numerous other sections in order to make sense of it, some harm is done," he said in a speech made public on Monday.
"If the judge ultimately falls into error, and the matter has to be corrected on appeal, the situation is made even worse."
In a speech to the Victorian Law Foundation, Justice Weinberg described the situation as a "nightmare" and says in some cases, laws are being created so frequently that they're no longer produced in hard copy.
"In 1950, the Commonwealth Parliament passed 80 Acts, all of them published in just one slim volume of 281 pages," he said.
"In 2000, 372 Commonwealth Acts were passed, and published in five volumes, taking up 4383 pages."
He says for anyone wanting to practise criminal law in Australia, they must have a working knowledge of some 20 or so separate acts of parliament - while in European systems, criminal law is written in one or two tight codes.
Justice Weinberg implored law makers and writers to consider constructing more succinct and readable laws.
"Those charged with the vital task of turning words into law must understand that sometimes the less they have to say, the better it is said," he said.
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