Common law is made up of the decisions of judges. When a law is made by parliament, Judges apply and interpret these laws/statutes to specific cases. However, if a case comes before the courts and there is no existing statute, it is up to the judge to make a decision and that decision becomes common law. Records of these decisions are kept and can be referred to when needed. This form of law is also known as case law and precedent. More¹

Statute law is law made by parliament. This is can be a lengthy process involving first, second and third readings.

All state and federal parliaments are bicameral. This means that they have two houses. The only exception to this is Queensland which only has one house and is therefore unicameral. At a federal level these two houses are called the House of Representatives² (lower house) and the Senate³ (upper house).

The Governor General⁴ is the representative of the Queen (the head of state) in Australia. The Governor General confers Royal assent to bills, and holds reserve powers, such as the power to dismiss the Prime Minister.

Learn about bills and acts,⁵ examine where bills come from,⁶ read about how a bill is prepared⁷ for parliament and discover the legislative process in passing a bill⁸. More⁹

Role play

• Pass a bill in your own¹⁰ classroom.

• Examine current bills before New South Wales Parliament here¹¹ or before the Australian Parliament here¹².

Delegated legislation¹³ is legislation that is made by subordinate bodies, such as government departments and local councils. This authority is confirmed under the ‘enabling acts’ which define the authority of various bodies to make laws. Once the delegated legislation has been made there is a window of 15 days where either house of parliament can disallow the law. Examples of delegated legislation included alcohol-free zones and parking rules made by local councils.

The Australian Constitution¹⁴ was created by an Act of British Parliament in 1900 and came into effect on 1 January 1901 when the Australian Commonwealth was formed. The Australian Constitution sets out legal principles by which Australia is governed. States also have constitutions, which define how they are governed. Learn about the New South Wales Constitution here¹⁵.

The Australian Constitution sets out:

the division of powers. Text version (.docx 58kB) (The Franklin Dam case in 1983 and the New South Wales v Commonwealth 2006¹⁶ are two cases which have tested the division of powers.)

the separation of powers. Text version (.docx 58kB). Find out More¹⁷

The Role of the High Court

The High Court¹⁸ was established in 1901 under Section 71 of the Constitution. Its role is to:

• protect the Constitution – ensure that governments act within their powers

• exercise original jurisdiction (cases that are first heard in the High Court) over various matters¹⁹ including ‘constitutional challenges’, where the power of the Commonwealth is being challenged

• act as a final court of appeal in the Australian legal system. The High Court can hear appeals from state Supreme Courts and the Federal Court.

The Constitution can only be changed by a referendum. A referendum is a vote by all voters on the electoral roll²⁰. For a referendum to be successful it must be carried by a majority of votes and a majority of states. Since federation there have been 44 referendum questions and only 8 have been passed.