Legal Studies Preliminary final

Ratio decendi

The rationale/reason of the decision (translation)

Obiter dicta

Said in passing (translation); remarks or words said by a judge in a decision which are not legally binding.

Commonwealth v The State of Tasmania (1983) (Tasmanian Dam Case)

Federal government can overrule state to follow international treaties.

Universal Declaration of Human Rights (1948)

Example of an international declaration, which states parties' positions on certain issues, but does not impose legally binding provisions.

Sex Discrimination Act 1984 (Cth)

An example of an act which ratified a human rights treaty, in this case the International Covenant on Civil and Political Rights (1966).

Charter of the United Nations (1945)

Established the UN.

Rome Statue (1998)

Established the ICC; example of a tribunal (international law).

The International Criminal Tribunal for the Former Yugoslavia, 1993

Example of a tribunal (international law).

Mens rea

That the person MEANT to do it; or they knew what could happen and then did it anyway.

Actus reus

That the person actually DID the crime.

Causation

That it really was the person's ACTIONS that CAUSED the injury/harm.

Roach v Electoral Commissioner (2007)

Legislation disenfranchising all prisoners from voting was invalid.

Jury Amendment (Verdicts) Act 2006

Allows a verdict to be agreed upon by only 11 out of a total 12 jurors, or 10 out of 11, if after eight hours they cannot all agree.

Young Offenders Act 1997 (NSW)

Upon other things, established Youth Justice Conferences; an example of law reform in relation to new concepts of justice.

Mabo v Queensland (No 2) [1992] HCA 23

Declared that native title existed in common law; overturned the concept of terra nullius.

Native Title Act 1993 (Cth)

Established the National Native Title Tribunal (NNTT), a federal government agency which mediated claims for native title under the direction of the Federal Court.

Crimes Act 1900

Defines a list of and sets out punishments for the majority of criminal offences in New South Wales.

R v Lazarus (2017) NSW CCA

Determined that consent needs to be verbally or physically communicating; silence or lack of resistance does not mean the alleged victim ever consented.

Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (NSW)

Consent is a free and voluntary agreement that should not be presumed; involved ongoing and mutual communication; cannot be given if someone is intoxicated, under the influence etc. so much that they don't have a real choice; consent can be withdrawn.

Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW)

Outlaws coercive control in current or former intimate partner relationships.

Voluntary Assisted Dying Act 2022 (NSW)

Legislates voluntary euthanasia, allows eligible terminally ill patients to request to end their own lives.

Law Enforcement (Police Responsibilities) Act 2002 (NSW)

Sets out the laws NSW police officers must obey when they perform their duties.

Australian Federal Police Act 1979 (Cth)

Sets out the powers of the Australian Federal Police (AFP).

Privacy Act 1988

Relates to all personal information processed by an AI; AI systems must follow Australian Privacy Protocols (APP), including the mandate of reasonable safeguards against misuse, interference, or loss.

Malick v Handa (2024)

Federal Circuit and Family Court enforcement healing. First known incidence in the Australian legal system of AI "hallucinations" in the defence's case

Criminal Code Act 1995

Updated in 2024 to strengthen penalties around the sharing of non-consensual sexually explicit material, including deepfake pornography.

Sydney high school senior investigated by police over deepfake pornographic images of female students

(ABC News Australia, 2025) Highlights how more legal reform is needed to restrict the sharing of these materials, especially considering the huge impacts they have on victims.

Commissioner of Patents v Thaler (2022)

Full Federal Court case where the court found against the possibility of AI being an inventor

Fair Trading Act 1987 (NSW)

Guards against AI generating biased or misleading information in commerce.

'Australiana' images made by AI are racist and full of tired cliches, new study shows

(The Conversation, 2025) Examines how Ai generates biased and offensive images that dehumanise Indigenous Australians

Bias in Adjudication and the Promise of AI: Challenges to Procedural Fairness

(2025) Law, Technology and Humans article that examines bias in the legal system

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% of Australian adults have used AI chatbots at least once

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% of Australian are actively using or experimenting with ai in their work environments