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Words and Phrases Guide ACT Parliamentary Counsel’s Office WWoorrddss aanndd PPhhrraasseess GGuuiiddee A Guide to Plain Legal Language December 2016 The ACT Parliamentary Counsel’s Office has endeavoured to ensure that the material in this guide is as accurate as possible. If you believe that this guide contains copyrighted work in a way that constitutes a copyright infringement, or if you are a copyright owner who is not appropriately acknowledged in this guide, please tell us so that we can make the necessary corrections. We may be contacted at [email protected] Contents Page Some thoughts iv How to use this guide v Classification of entries viii References xxiii Alphabetical list of words and phrases A–W Use of figures Other–1 Words and Phrases: A Guide to Plain Legal Language December 2016 iii Some thoughts ‘Make everything as simple as possible—but no more simple than that.’ Albert Einstein ‘(L)aws are not abstract propositions. They are expressions of policy arising out of specific situations and addressed to the attainment of particular ends.’ Justice Felix Frankfurter ‘The main aim of communication is clarity and simplicity. Usually they go together— but not always. ‘Communication is always understood in the context and experience of the receiver—- no matter what was intended. ‘If unnecessary things add to clarity or simplicity they should be retained.’ Edward De Bono ‘Legislation should be written so that it is feasible for the ordinary person of ordinary intelligence and ordinary education to have a reasonable expectation of understanding and comprehending legislation and of getting the answers to the questions he or she has. ‘We need to balance two important principles. The first is that clarity of language should be an aim in itself, so that the ordinary person can have a reasonable expectation of being able to comprehend legislation. The second is that the clarity of the language should enhance and not detract from the legal policy and the substance of the legislation. In the end result, clarity of language should assist with the development and formulation of legislative policy.’ Dennis Murphy QC Words and Phrases: A Guide to Plain Legal Language December 2016 iv How to use this guide The entries Words and phrases are listed in alphabetical order and cross-referenced to other entries if appropriate. How entries are arranged Entries are listed in alphabetical order, arranged on a letter-by-letter basis. In a letter-by-letter arrangement, spaces are ignored in entries consisting of 2 or more words. For example: all allay (ie allay) allege (ie alle...) all ... not (ie alln...) allocate (ie alloc...) all of (ie allof) allowed (ie allow...). If a phrase contains 2 or more alternative words, only the first alternative is taken into account in working out the order of entries. For example, in the following phrases the second alternative ‘are’ is disregarded: is/are not to (ie isn...) is/or (ie iso...) is/are required to (ie isr...). What each entry consists of usage try ► extra information examples of no change examples of change further reading Each main entry contains a usage recommendation and suggested alternatives. Suggested alternative words and phrases appear in italic type. Some suggested alternatives have an arrow before them (eg ►remove as a suggested alternative for abate). This means there is an entry for the suggested alternative. Check this entry before using the alternative. Not all alternatives are synonyms for the main entry. There may be other words that may work in the context or suggestions to recast or omit. Recasting may involve changing the narrative in the provision. Words and Phrases: A Guide to Plain Legal Language December 2016 v How to use this guide Extra information, examples of change and no change and references to relevant texts (under the heading ‘further reading’) are also included in many entries. In an entry containing an example of change, the changed words are struck through (eg abated) and the alternative words are underlined (eg reduced). Macquarie Dictionary Though it is not listed under ‘further reading’, the Macquarie Dictionary is the primary source to be used when drafting ACT legislation. Model laws The following usage recommendations are not intended to apply to ACT legislation that adopts or is based on model law. Usage recommendations There are 3 recommendations for usage: never use avoid using consider alternatives never use Practice The word or phrase must never be used. Example construe usage—never use try—interpret / omitting / recasting example of change 1 in a proceeding to construe interpret a will, evidence of the testator’s intention further reading Fowler’s English Usage pp 175–6 (construct/construe) Words and Phrases: A Guide to Plain Legal Language December 2016 vi How to use this guide avoid using Practice If possible, avoid using the word or phrase. Example forward [as a verb] usage—avoid using try—send / give extra information 1 Except to mean send on, prefer send or give. example of no change 1 For this Act, sell means send, forward or deliver for sale. example of change 1 forward give a copy of the claim to the fund manager further reading Gowers’ Plain Words p 230 Howard’s Guide p 174 Howard’s Handbook p 175 Longman English Usage p 294 consider alternatives Practice Before using the word or phrase, consider the alternatives. The alternatives are generally preferred, but always consider whether they are appropriate. Some entries include the option of omitting the word in question. Prefer brevity and omit the word or phrase if the meaning remains the same. ‘No change’ may be given as an option, but do this only if the alternative words are inappropriate. Example get usage—consider alternatives try—recasting (using more specific words, eg become / buy / obtain / receive / take) / omitting extra information 1 Get is generally more appropriate in informal spoken English. example of no change 1 adjourn the proceeding so the party can get representation example of change 1 get acquire or use an assumed identity further reading Cambridge Guide pp 328-9 (get, got and gotten) Working Words p 240 Words and Phrases: A Guide to Plain Legal Language December 2016 vii Classification of entries Many entries are classified in the ‘extra information’ section of the entry into broad groups, eg formal words and archaisms. This part of the guide gives an explanation of the classifications and examples. Archaisms Rule Avoid using archaisms. Prefer a modern alternative. Explanation Archaisms are old-fashioned words and expressions that are no longer used in ordinary speech and writing. Archaisms are often used to achieve a legalistic and formal style. However, they are not necessary and can always be readily replaced. Examples Archaism Try aforementioned recasting / omitting aforesaid recasting / omitting amongst among / between albeit recasting / omitting beforementioned the [item] mentioned in / omitting / recasting belowmentioned / belowlisted / the [item] mentioned in / omitting / recasting belowquoted forth out / recasting henceforth from now on / recasting (using eg on and after) / omitting henceforward from now on / recasting (using eg on and after) / omitting hereafter after [X] / from now on / recasting hereby then / by [X] / because of [X] / omitting / recasting (supplying any necessary details) herein in [X] / recasting hereinafter after [X] / recasting / omitting hereinbefore before [X] / recasting / omitting hereof of [X] / recasting hereto to [X] / recasting heretofore before [X] / recasting / omitting hereunder under [X] / recasting (using, eg follows / below) Words and Phrases: A Guide to Plain Legal Language December 2016 viii Classification of Entries Archaism Try hereunto to [X] / recasting herewith attached / with [X] / here is / recasting hitherto before [X] / previously / recasting howsoever no matter how / however / recasting in lieu of instead of / in place of / in substitution for pertaining to about / of / in relation to / on relict surviving spouse / spouse / domestic partner thence from that place / from there / from that source / recasting / from that direction / for that reason / therefore thenceforth / thenceforward from that time on(wards) / since then / from then / omitting / recasting thereabout(s) recasting thereafter afterwards / after [X] / then / omitting thereat recasting (using, eg at it / there) thereby by [X] / by way of [X] / recasting therefor for [X] / recasting / omitting therefrom from [X] / recasting therein in [X] / recasting thereinto in [X] / recasting thereof of [X] / from / out of /recasting thereon on / then / recasting thereout out of [X] / from [X] / recasting thereto / theretofore to [X] / recasting thereunder under [X] / recasting thereunto recasting thereupon recasting therewith with [X] / recasting touching [as a preposition] for / about / in relation to to wit omitting / recasting / for example / that is under the hand of signed by undermentioned the [item mentioned in section x] / omitting / recasting unto to / omitting / recasting verily omitting whatsoever of any kind / whatever / recasting whence from where / from which place / recasting whensoever when / whenever / omitting whereabout about that / about which / whereabouts / recasting Words and Phrases: A Guide to Plain Legal Language December 2016 ix Classification of Entries Archaism Try whereat at which / recasting whereby under which / by which / according to which / recasting wherefor(e) for that / for which / why / for what purpose / therefore / recasting wherefrom
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