The document discusses the key sources of Australian contemporary law. It outlines that Australia's legal system is based on the Australian Constitution, which sets out the division of powers between the Commonwealth and state parliaments. Legislation is made through the parliamentary process at both the federal and state levels. The Constitution also ensures separation of powers between the legislature, executive, and independent judiciary. The High Court of Australia plays an important role in interpreting the Constitution and hearing appeals.

1. Sources of Australian Contemporary Law

2. AKA ‘Legislation’ and ‘Acts of Parliament’ The Australian Constitution sets out the powers of state and federal parliaments Statute Law (Parliament)

3. All states except QLD are Bicameral, meaning two chambers or houses of parliament Federal: House of Representatives and Senate State: Legislative Assembly and Legislative Council Governments are elected on holding electorate seats not overall popularity Structure of Parliament

5. When a Bill becomes a law 1. Formulation Stage 2. Drafting Bill Stage 3. First Reading 4. Second Reading 5. Committee Stage 6. Third Reading 7. Royal Assent Stage Enactment

6. What are the advantages and disadvantages of this processes? Discussion Point:

7. Legislation made by non-parliamentary bodies – delegated to subordinates (local council) Types: Regulations – Governor-General, State Governor Ordinances – Australian Territories Rules – Government departments By-laws – Local Councils Delegated Legislation

8. The Constitution prior to the Constitution, Australia consisted of six separate colonies under the British government the Constitution commenced on 1 January 1901 to create the Commonwealth of Australia it created the states, the Commonwealth and the federal parliament, and outlined the ‘division of powers’ between the Commonwealth and states

9. the Constitution defines how power is divided between the Commonwealth and states to make laws section 51 of the Constitution lists powers the Commonwealth shares with the states section 52 lists some exclusive Commonwealth powers section 109 says that Commonwealth laws will override any state laws if they are inconsistent matters not listed are considered ‘residual powers’ for the states Division of Power

10. Legislative Powers – the legal power or capacity to make laws Concurrent Powers – powers held by state and federal parliaments at the same time Exclusive Powers – powers that can be exercised only by federal parliament Residual Powers – those remaining matters on which the state can legislate that are not referred to in the Constitution Definitions

11. Charles de SecondatMonteesquieu “Civil liberties are at risk if the key organs of the government are controlled by one person or group” Separation of Powers

13. executive – includes the ministers and government departments who administer the law

14. judiciary – includes the judges and courts who interpret and apply the lawIn Australia, the legislature and executive are not clearly separated, but the Constitution ensures the judiciary is strictly separated from the non-judicial arms of government

15. the High Court of Australia is the highest court in Australia, higher than all other federal and state courts originally, matters from state courts could still be appealed to the Privy Council in the UK, but this avenue was cut off with the Australia Act 1986 (Cth) The Role of the High Court

16. the High Court also hears cases involving interpretation of the Constitution – these have been very influential in defining Australia

17. the High Court is the highest court in Australia – its decisions are final and cannot be appealed appeals can be made from state and territory supreme courts and from federal courts the High Court must grant leave to appeal before it will review a case – it only grants this in rare cases Appeals to the High Court

18. judicial review involves review by a court of a decision made by a government official or department a more efficient way to appeal a government decision is through the Administrative Appeals Tribunal, which can review the merits of a decision Judicial Review