Year 11 Legal Studies - The Legal System

Part 1: The Legal System

  • Overview of Sources of Contemporary Australian Law
    • Statute Law:
    • Made by parliament, also known as legislation or Acts of Parliament.
    • All levels of government (state, territory, federal) have power to create statute laws.
    • The Australian Constitution:
    • Defines the powers of state and federal parliaments in making laws.

Role and Structure of Parliament

  • Definition: A parliament is an elected body of representatives.
  • Functions:
    • Debates proposed legislation.
    • Passes, rejects, or amends legislation.
  • Structure:
    • Most state parliaments and the federal parliament are bicameral (two houses).
    • Lower House: House of Representatives (or equivalent).
    • Upper House: Senate (or equivalent).
    • Queensland Parliament and some territories are unicameral (one chamber – Legislative Assembly).

Current Distribution of Seats (2025) - NSW Legislative Assembly

  • Australian Labor Party: 45 seats
  • Liberal Party of Australia: 25 seats
  • The Nationals: 11 seats
  • Independent: 9 seats
  • The Greens: 3 seats
  • Speaker: Role can vary.

Legislative Process

  • Introduction of Bills:
    • A proposed law is called a Bill.
    • Ministers are responsible for preparing and introducing Bills.
    • Bills introduced by non-ministers are termed private members’ Bills.
  • Law-Making Challenges:
    • The process can be time-consuming and difficult.
    • Subject to public scrutiny; pressure groups and citizens can influence opinions.
    • Example: Zoe's Law was influenced by community advocacy.

Example Case: Zoe's Law

  • New South Wales passed legislation to impose harsher penalties for the death of an unborn baby.
    • Source: 7NEWS Sydney
    • Announcement: Danuta Kozaki – November 20, 2021, ABC News.

Enactment of Laws

  • A Bill must receive approval from both Houses of Parliament and the Governor-General to become an Act of Parliament.

Delegated Legislation

  • Definition: Legislation created by bodies other than the parliament, usually for less significant matters.
    • Delegated to subordinate bodies: local councils, government departments.
  • Enabling Act: Authorizes a body to create delegated legislation.
Types of Delegated Legislation
  • Regulations: Laws made by the Governor-General or state governors.
  • Ordinances: Laws for Australian territories (e.g., Norfolk Island).
  • Rules: Created for specific government departments.
  • By-Laws: Laws made by local councils, enforcing regulations within their own areas.
Advantages of Delegated Legislation
  • Expertise: Officials creating it often have subject matter expertise.
  • Efficiency: Frees parliamentary time for more serious legislation.
  • Flexibility: Easier to amend than statute laws.
Disadvantages of Delegated Legislation
  • Limited Oversight: Elected members can't fully check all delegated legislation.
  • Inconsistencies: May arise from involvement of various bodies.
  • Public Lack of Awareness: Little publicity leads to minimal public input on legislation.