NationMaster - Encyclopedia: Law of Australia

The law of Australia consists of the Australian common law (which is based on the English common law), federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories. The most important law of Australia is the Constitution of Australia, which describes Australia's system of constitutional monarchy, and forms the basis for the government of Australia. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Parliament House Canberra: The main entrance and the flag The Parliament of Australia is the legislative branch of Australia. ... The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. ... The Constitution of Australia consists of a number of documents under which the government of Australia operates. ... Constitutional monarchies with representative parliamentary systems are shown in red A constitutional monarchy is a form of monarchical government established under a constitutional system which acknowledges an elected or hereditary monarch as head of state. ... // Australia is a constitutional monarchy, a federation and a parliamentary democracy. ...

Each of the States and territories of Australia that are self-governing are separate jurisdictions, and have their own system of courts and parliaments. The system of laws in each State are influential on each other, but not binding. Laws passed by the Parliament of Australia, and common law made by federal courts (such as the High Court of Australia) are federal laws, and apply to the whole of Australia. The Australian States and Territories make up the Commonwealth of Australia under a federal system of government. ... Self-governance is an abstract concept that refers to several scales of organization. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...

The organized system of law and government now in force in Australia is historically dependent for its legal validity on a series of British statues, notably including the Commonwealth of Australia Constitution Act 1900. The authority of the United Kingdom Parliament to enact those statutes depended on the acquisition of the Australian continent as a territorial possession of the British Crown. The Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia) is the primary constitutional text of the Commonwealth of Australia. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... This article describes the British monarchy from the perspective of the United Kingdom. ...

Common law

Reception of English law

Australia has traditionally been conceived as a "settled" territory without any pre-existing law. It followed that the legal vacuum was immediately filled by the English common law and statute law, as part of the "birthlefts" (in William Blackstone's terms) which English settlers carried with them. Sir William Blackstone, (July 10, 1723 â€“ February 14, 1780) was an English jurist and professor who produced the historical treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765â€“1769. ...

When the first Australian colony, New South Wales, was founded on 26 January 1788, it inherited all the laws of the United Kingdom which were applicable to the colonial situation. Letters patent in 1787 (the New South Wales Charter of Justice) had provided that a court would be established in the new colony. Emblems: Floral - Waratah (Telopea Speciosissima); Bird - Kookaburra (Dacelo Gigas); Animal - Platypus (Ornithorhynchus Anatinus); Fish - Blue Groper (Achoerodus Viridis) Motto: Orta Recens Quam Pura Nites (Newly Risen, How Brightly You Shine) Slogan or Nickname: First State, Premier State Other Australian states and territories Capital Sydney Government Governor Premier Const. ... Australia Day is Australias official national day, January 26. ... 1788 was a leap year starting on Tuesday (see link for calendar). ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... 1787 was a common year starting on Monday (see link for calendar). ...

When the Supreme Court of New South Wales was established in 1824, the law began to develop more independently, although all decisions were still subject to review by English courts. The United Kingdom Parliament also retained an overriding power to legislate specifically for the colony. In the 19th century such legislation was said to operate by "paramount force". The Supreme Court of New South Wales is the superior court for the Australian State of New South Wales. ... 1824 was a leap year starting on Thursday (see link for calendar). ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ...

As the other colonies were granted independence from New South Wenis, they each established their own court systems, and began to develop their big weno separately from each other.

Australian common law

When the High Court of Australia was established in 1903, it began to develop a body of federal common law, relating to areas in which the High Court has original jurisdiction (for example, matters involving international treaties, or cases where the Commonwealth of Australia is a party). By this stage, Australia was more independent from the United Kingdom, and the High Court was bolder in moving away from English law. Download high resolution version (1200x1600, 434 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Download high resolution version (1200x1600, 434 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... 1903 (MCMIII) was a common year starting on Thursday (see link for calendar). ... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ...

After appeals to the Judicial Committee of the Privy Council were abolished by the Australia Acts of 1986, the High Court became the court of "last resort" in Australia. As such, the court has been completely free to move away from English precedents. In recent years, Australian courts have thus been more amenable to considering the common law of countries like Canada and the United States when deciding cases. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Australia Act of 1986 (No. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ...

Federal law

Australian federal laws are made primarily by the Parliament of Australia. Section 51 of the Australian Constitution describes the areas which the Parliament has the power to makes laws about, such as defence, immigration and customs. Section 109 of the Constitution provides that where federal and state laws are inconsistent with each other, the federal law prevails. (See Inconsistency between Commonwealth and State laws in Australia) Section 51 of the Australian Constitution describes the powers of the Australian federal parliament. ... In Australia, legislative power is held concurrently by the Commonwealth and the States. ...

State laws

Each of the Australian States are self-governing, and have their own Parliaments and court systems. In some areas, the law is very similar between the States, and in others, it is very different. A major difference is in the criminal law. In the states of Queensland, Tasmania and Western Australia, the criminal law is governed by statutory criminal codes, whereas the other states rely on the common law. In Victoria, some elements of the criminal law, such as penalties and definitions of various terms, and some of the more recently described crimes, are described by statute. However, most of the major crimes, such as most of the forms of homicide, are still governed by the common law. Self-governance is an abstract concept that refers to several scales of organization. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... Emblems: Faunal - Koala (Phascolarctos cinereus); Floral - Cooktown orchid (Dendrobium bigibbum); Bird - Brolga (Grus rubicunda); Aquatic - Barrier Reef Anemonefish (Amphiprion akindynos); Gem - Sapphire; Colour - Maroon Motto: Audax at Fidelis (Bold but Faithful) Slogan or Nickname: Sunshine State, Smart State Other Australian states and territories Capital Brisbane Government Governor Premier Const. ... Emblems: ? (please edit) Motto: Ubertas et Fidelitas (Fertility and Faithfulness) Slogan or Nickname: The Apple Isle Other Australian states and territories Capital Hobart Government Governor Premier Const. ... Emblems: Fauna-Black Swan Flora-Kangaroo Paw Capital = Perth Motto: Cygnis Insignis (Distinguished by its swans) Slogan or Nickname: Wildflower State Other Australian states and territories Capital {{{Capital}}} Government Governor Premier Const. ... Emblems: {{{Emblems}}} Motto: Peace and Prosperity Slogan or Nickname: Garden State, The Place To Be, On The Move Other Australian states and territories Capital Melbourne Government Governor Premier Const. ... Homicide is the killing of another human being by one or more others. ...

Specific areas of the law of Australia

Categories: Articles lacking sources | Australian law Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Australian Constitution. ... Australian contract law is based on the inherited English common law regarding contract, with specific statutory modifications of principles in some areas. ... Australian copyright law is based on the Berne Convention for the Protection of Literary and Artistic Works and defines copyright in Australia. ... Australian criminal law is originally based on English common law, and from there is adapted depending on the results from important cases, and from legislation in parliament. ... Australian sedition law is the area of the criminal law of Australia relating to the crime of sedition. ... Family Law in Australia is primarily contained within the Family Law Act, 1975. ... The constitutional foundation for the facilitation of federal Australian labour law, through the action of the Australian Industrial Relations Commission is section 51, article 35 of the Australian Constitution. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Law enforcement in Australia is served by police, sheriffs and bailiffs under the control of state, territory and the Federal governments. ... Native title is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians. ... Same-sex marriage is not recognised under Australian federal law. ... This is a list of Australia-related articles: This list is incomplete; you can help by expanding it. ... The history of Australia began when humans first migrated to the Australian continent from the north, at least 40,000-45,000 years before present. ... This is a timeline of Australian history. ... // Prehistory and aboriginal legends Humans first arrived in Australia through Indonesia and New Guinea, either by paddling canoes across the Timor Sea or by crossing a land bridge across what is now Torres Strait, between New Guinea and Australia. ... The Australian gold rushes started in 1851 when prospector Edward Hargraves discovered gold near Bathurst, New South Wales, at a site Hargraves called Ophir. ... The Eureka Flag The Eureka Stockade was a miners revolt in 1854 in Victoria, Australia against the officials supervising the gold-mining region of Ballarat due to many reasons, including heavily priced mining items and the expense of a digging license. ... // Federation Main article: Federation of Australia. ... The Federation of Australia was the process by which the six separate British colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia federated on 1 January 1901, to form the Commonwealth of Australia, of which they became component states. ... // Emergence of the Commonwealth of Australia Main article: Australian federation After European settlement in 1788, Australia was politically organized as a number of separate British colonies, eventually six in all. ... 6p kangaroo & map, probably used at Wollongong This is an overview of the postage stamps and postal history of Australia. ... Australian Archaeology is a large sub-field in the discipline of Archaeology. ... Stolen Generation is the term commonly used to mean the Australian Aboriginal children who were removed from their families by Australian government agencies and church missions between approximately 1900 and 1972. ... This is a list of cities in Australia, arranged by state: // Australian Capital Territory Canberra (National Capital) New South Wales See also: List of Sydney suburbs, Local Government Areas of New South Wales Northern Territory See also: Local Government Areas of the Northern Territory Darwin (Capital) Alice Springs Katherine Palmerston... This list of Australian cities by population briefly explains the three different population figures given for Australian cities, and provides rankings for each. ... This is a list of mountains in Australia. ... This is a list of regions in Australia that are not Australian states or territories. ... This is a list of rivers of Australia. ... Tropical and subtropical moist broadleaf forests Lord Howe Island subtropical forests Norfolk Island subtropical forests Queensland tropical rain forests Temperate broadleaf and mixed forests Eastern Australian temperate forests Southeast Australia temperate forests Tasmanian Central Highland forests Tasmanian temperate forests Tasmanian temperate rain forests Tropical and subtropical grasslands, savannas, and shrublands... The Australian States and Territories make up the Commonwealth of Australia under a federal system of government. ... RG Casey House, Canberra, is the headquarters of the Department of Foreign Affairs and Trade, the department responsible for the formulation and enaction of Australian foreign policy. ... Law enforcement in Australia is served by police, sheriffs and bailiffs under the control of state, territory and the Federal governments. ... There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ... John Howard MP, Prime Minister of Australia and leader of the Liberal Party Kim Beazley MP, Leader of the Opposition and Leader of the Australian Labor Party The politics of Australia take place within the framework of parliamentary democracy. ... Political parties in Australia lists political parties in Australia. ... The Liberal Party of Australia is an Australian liberal conservative political party. ... The National Party of Australia is an Australian political party. ... The Australian Democrats (in regular parlance, just the Democrats), is an Australian social liberal party formed in 1977 from the earlier Australia Party by Don Chipp, who left the Liberal Party of Australia to do so. ... The Australian Greens, commonly known as The Greens, is the national Greens party in Australia. ... Elections in Australia gives information on elections and election results in Australia. ... Australian republicanism is a movement within Australia to replace the countrys existing status as a Commonwealth realm under a constitutional monarchy with a republican form of government. ... This is a list of companies from Australia. ... Communications in Australia is dominated by the telecommunications provider, Telstra (short for Telecom Australia) which is 51% government-owned and 49% market controlled. ... Reserve Bank of Australia in Martin Place, Sydney The Reserve Bank of Australia came into being on the 14th January 1960 to operate as Australias central bank and banknote issuing authority. ... The original culture of Australia can only be surmised: cultural patterns among the remote descendants of the first Australians cannot be assumed to be unchanged after 53,000 (or more) years of human habitation of the continent. ... Australian English (AuE), pejoratively known as strine, is the form of the English language used in Australia. ... Australia is home to perhaps the oldest continuous artistic traditions in the world - that is, those of the Aboriginal Australians, an artistic tradition that began to receive international recognition in the late 20th century. ... Traditional Australian cuisine was based on English cooking brought to the country by the first European settlers. ... Indigenous Australians are the first inhabitants of the Australian continent and its nearby islands, continuing their presence during European settlement. ... Australian literature in English began soon after the establishment of the country by Europeans. ... The earliest music of Australia was the folk music of the Australian Aborigines. ... Other holidays Several holidays are on different dates in different states and territories. ... Schoolies or Schoolies week (known as Leavers or Leavers week in Western Australia) refers to the Australian tradition of high-school graduates (known as Schoolies) having week-long holidays following the end of their final exams in late November and early December. ... This is a list of Australians who are in any way notable. ... The Australian honours system until 1975 was part of the British honours system. ... The Australian of the Year Awards commenced in 1960. ... Giant Pineapple, Nambour, Queensland Locations of many of Australias Big Things The Big Things of Australia are a loosely related set of large structures or sculptures representing much smaller objects which pertain to the area in which they are located. ... Australia generally has a good human rights record. ... The Council of Australian Humanist Societies or CAHS is the national umbrella organisation for all Australian Humanist organisations. ... This article or section does not cite its references or sources. ...

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