Aboriginal Legal Service Ltd v Phillips

The Aboriginal Legal Service Ltd (ALS) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the proper interpretation of a clause within the ALS's constitution, specifically regarding the eligibility of individuals to be members of the organisation. The core of the disagreement lay in whether a person who had been convicted of a criminal offence, and subsequently served a period of imprisonment, remained eligible for membership.

The primary legal issue before the Court of Appeal was to determine the meaning and effect of clause 6(1)(d) of the ALS's constitution. This clause stipulated that a person would cease to be a member if they were "convicted of any offence and sentenced to imprisonment for any term". The court was required to ascertain whether the sentence of imprisonment had to be currently in force, or if a past conviction and sentence, even if completed, disqualified a person from membership.

The Court of Appeal held that the plain and ordinary meaning of clause 6(1)(d) indicated that the disqualification arose from the conviction and the imposition of a sentence of imprisonment, irrespective of whether that sentence had been fully served. The court reasoned that the wording did not require the imprisonment to be ongoing at the time of the conviction or at the time of membership application. Therefore, Mr Phillips, having been convicted and sentenced to imprisonment in the past, was no longer eligible for membership under this clause. The appeal was allowed.