NCJ Number
126020
Date Published
1990
Length
120 pages
Annotation
This report of Victoria's Law Reform Commission (Australia) reviews current techniques, principles, and practices of drafting legislation, legal agreements, and those government forms that affect legal rights and obligations, so as to recommend what steps should be taken to adopt a plain English drafting style.
Abstract
The study identifies current drafting techniques, principles, and practices inconsistent with plain-English drafting and that impede comprehension. The analysis also considers how computer technology can be applied in introducing plain English into legislation and government documents. Other issues addressed are whether legislation should be introduced to require certain categories of agreements and documents to be written in plain English, and if so, the desirable content of these laws, and also whether plain-English drafting should be incorporated into law courses, and if so, the desirable content. Overall, the study concludes that deficiencies in current drafting techniques for legislation and legal documents are largely due to unnecessarily obtuse language. The report recommends that a plain-English language style be used. This would involve the use of ordinary English, expressed directly and clearly to convey a message simply and effectively. It does not require the abandonment of technical terms or strict legal concepts. Recommendations pertain to the training of drafters, the structure and design of acts and regulations, and the rewriting of existing legislation and government forms. Subject index and chapter footnotes