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Australia's Legal System - Digital Booklet

In Australia, laws are primarily made by parliament through a process that involves drafting, debating, and voting on bills in both the House of Representatives and the Senate, followed by royal assent from the Governor-General. The judiciary operates independently from parliament, ensuring that all individuals are treated equally under the law, with rights to fair hearings and appeals. Statute law and common law coexist, with the High Court serving as the highest authority in interpreting and applying laws.

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0% found this document useful (0 votes)
9 views21 pages

Australia's Legal System - Digital Booklet

In Australia, laws are primarily made by parliament through a process that involves drafting, debating, and voting on bills in both the House of Representatives and the Senate, followed by royal assent from the Governor-General. The judiciary operates independently from parliament, ensuring that all individuals are treated equally under the law, with rights to fair hearings and appeals. Statute law and common law coexist, with the High Court serving as the highest authority in interpreting and applying laws.

Uploaded by

bothanicholas0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Laws in Australia can be made by several different group referred to as law

making bodies most laws in Australia are made by parliament and are
called legislation statues or acts. There are two levels of parliament the
federal parliament and the state/ territory
Draft bill is introduced by a
member of parliament usually
one of the ministers
In the house of reps the bill is
presented by the minister who
explains what it means for
Australia
In the house of reps the bill is
read out loud in the first reading
and then read again and debated In the house of reps the bill is
in a second reading discussed in a process called
consideration in details and any
amendments are suggested
In the house of reps, the bill is
debated on in the third reading

The bill is passed in the house of


reps and sent to the senete

The bill followed a similar process


in the senate as the house of reps
and is voted upon

The bill is passed in the senate

The bill is sent to the governor


general to be signed in a process
called royal accent

The bill is passed a new law has


been made
● Draft bill is introduced by a member of parliament
usually one of the ministers

● bill is presented by the minister who explains what it


means for Australia then the bill is read out loud in the
first reading and then read again and debated in a
second reading is debated on in the third reading

● The bill is passed in the house of reps and sent to the


senate The bill followed a similar process in the senate
as the house of reps and if voted upon The bill is passed
the senate

● The bill is sent to the governor general to be signed in a


process called royal accent The bill is passed a new law
has been made
All people must be Herd by an independent
treated equally before and imperial decision
the law maker

This includes police


courts and other legal We have the right to an
authorities explanation to the court or
decision-making authority
A fair hearing needs a
You have the right to fair amount of time and
remain silent fair attention to the
hearing

Courts are separate from


the elected parliament
and government so the A full court will have
magistrates and judges three judges hearing an
are free to do what they appeal
want
Appeals from a judgment
No one is above the law
only has 1 judge

For an appeal to succeed


Judge can ensure that
a party must convince
both parties in a case
the cocurt that the
are treated consistently
judge made an error
Statute law, referred to as codified law, is a set of universally accepted
regulations that provide guidance and order in a specific society,
organization, or country

Common law is a term used to refer to law that is developed through


decisions of the court, rather than by relying solely on statutes or
regulations.

parliaments judgess

The legislature Stare decisis

applies to anyone who is


all citizens.
subject to the jurisdiction

traffic regulations, laws based on the customs


criminal offenses, and and principles of society,
agreements. which are used in court
cases
based on decisions made in
Judicial decisions
other courts and the country’s
written constitution
is the highest court in the Australian judicial system. The functions of
the High Court are to interpret and apply the law of Australia

Hears appeals inferior


Pursuant to courts and tribunals and
commonwealth have civil and criminal
legislation jurisdiction.

intermediate trial court placing it


deals only with family between the Magistrates Court and
law matters including the Supreme Court in the Western
appeals Australian courts hierarchy. The
District Court deals with serious
criminal offences

The Magistrates
deals with family law, Court deals with both civil
migration and other and criminal matters. All
general federal law criminal proceedings
matters. against adults begin in
this jurisdiction.
A jury is …
They should be impartial and unbiased because …
Ways that juries can be impacted by social media include …
A way to stop jurors from doing the wrong thing could be …
If a juror does not adhere to the rules, I believe that they should …
I believe that juries should/should not be abolished because … (provide two
reasons).
The judiciary is the system of courts
Mc donalds want to
that adjudicates legal
judiciary sue kfc for copying
disputes/disagreements and interprets,
their idea
defends, and applies the law in legal
cases.

In law, an appeal is the process in which Errot who was sent to


cases are reviewed by a higher 18 years appealed on
appeal
authority, where parties request a changing his sentence
formal change to an official decision. but was denied

Jacob who is in prison for 5


consideration of statements or years was accused of murder
Fair hearing
arguments from both sides of an issue after his sentence and gpt
the same process as he did
the first time
Law making
bodies

Federal
parliment

State/
territory
parliment

Statutory
authorities

Common
law

precedent

Fair hearing

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