Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund

[2012] NSWCA 231

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Construction of statutory text
3. › Ordinary and natural meaning
4. › Whether words of exception ambiguous
5. › Whether 'became the spouse' means 'first became the spouse'
6. › Role of extrinsic materials
7. › Whether extrinsic materials can displace clear statutory text
8. › Parliamentary Contributory Superannuation Act 1971 (NSW), s 23(1)
1. Superannuation
2. › Parliamentary superannuation
3. › Widow's pension entitlement
4. › Parenthetical exception excluding spouse who became spouse after former member entitled to pension
5. › Divorce and remarriage
6. › Whether remarried widow excluded from entitlement
7. › Parliamentary Contributory Superannuation Act 1971 (NSW), s 23(1)

Quick Take

The parenthetical exception in s 23(1) of the Parliamentary Contributory Superannuation Act 1971 (NSW) excludes from pension entitlement a widow who remarried the former member after the former member became entitled to a pension, even if she was also married to him before and during his parliamentary service. Extrinsic materials, including committee reports and Second Reading debates, cannot displace the clear and unambiguous words of a statute even where it is argued that legislative inadvertence has produced an unintended result.