BSBLEG421: Apply to understand of the Australian legal system Assessment Answers

Course: TAFE

Type: Practical

The Australian Legal System is a complex system. It consists of both Commonwealth and State law, Federal Courts, the High Court of Australia, the Magistrates’ Court, and the Local Courts. The legal system in Australia has many complicated aspects that are difficult to comprehend for newcomers. In order to understand the legal system of Australia, one must have an understanding of its history.

In 1901, the colonies’ joined together as a federal state and established a new constitution. This document is known as the Constitution Act of 1855. Section One provides that ‘the legislative power of the Commonwealth shall be vested in a Federal Parliament’, and section 71 provides that the legislative power of a state ‘shall not be by any law made by the Parliament of the Commonwealth or by any Governor or Executive Council of a State’. It also states that ‘the Constitution of the Commonwealth shall be as follows: The Legislative powers shall be vested in a Federal Parliament, to which parliament all powers, except those powers which, under this Constitution are vested in the Parliament of the United States or are powers of a delegate nature shall be given. The Federal Parliament may make laws, on any subject coming within the classes of subjects enumerated in Section 51…’. This is an important part to understand because it establishes that all branches of government must comply with federal law.

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Here, we are describing some tasks. These are:

Assessment Task 1: Research sources of law

Australian law is made up of a variety of sources, including legislation, common law, and custom. Legislation is created by the government and set out in published documents known as statutes or Acts. Common law is developed by judges through their decisions in cases before the court. Customary law is based on long-standing practices that have been accepted as law by the community.

1. Identify sources of Australian law

Some sources of Australian law include:

Legislation – laws passed by the government, usually published in a statute or Act.

Common law – developed by judges through their decisions in cases before the court.

Customary law – based on long-standing practices that have been accepted as law by the community.

Case law – previous cases on a similar subject that have been decided by courts.

Precedent law – previous cases on a similar subject that have been decided by courts.

 2. Identify the hierarchy of sources of law

The hierarchy of sources starts at the Constitution and works downwards

Constitution – sets out the fundamental principles of how the legal system works, such as which branches of government there are and what their powers are.

Legislation – laws passed by the Commonwealth Parliament such as the Criminal Code Act 1995.

Common law – developed by judges through their decisions in cases before the court.

Customary law – based on long-standing practices that have been accepted as law by the community.

Treaties – agreements between countries that are legally binding.

Regulations – made by government agencies to implement legislation.

Decisions of courts – binding on the parties in the case, but maybe persuasive authority for other courts.

Opinions of legal commentators – not binding or legally enforceable, but may be persuasive authority for courts.

Policy statements of government agencies – not binding or legally enforceable, but may be persuasive authority for courts.

3. Access sources of legislation according to organizational policies and procedures

Organizational policies and procedures may include:

1. Guidelines on how to access legislation, including the type of legislation (such as Acts, Regulations, etc.), name of the Act or Regulation, where to find it (e.g. website address), and search capabilities.
2. Procedures for obtaining permission to access legislation (if required).
3. Timeframes dealt with by the organization.
4. Contact details for where to obtain assistance.

4. Apply principles for reading and interpreting legislation

Some principles for reading and interpreting legislation include:

• The meaning of a piece of legislation is what Parliament intended it to mean when it was passed.
• A statute should be read as a whole and in context.
• Legislation should be interpreted according to its purpose.
• If there is any conflict between two or more pieces of legislation, the most recent legislation takes precedence.

Assessment Task 2: Identify and revise inconsistencies between laws

Australia is a country of many contrasts. It has the world’s oldest living culture, and it also has one of the youngest populations in the world. It is a land of great natural beauty, and also one of the most urbanized countries on earth.

It should come as no surprise, then, that Australia’s legal system is similarly diverse. Australian law is made up of a variety of sources, including legislation, common law, and custom. And because our legal system is constantly evolving to reflect our changing society, it can sometimes be difficult to know what the law is.

In this section, we’ll explore how Australian courts resolve inconsistencies between different sources of law. We’ll also look at the hierarchy of sources of law in Australia, and how to access legislation.

1. Resolve conflicts between pieces of statute law according to the hierarchy of sources of  law

Different sources of law are given different weights according to the hierarchy of legal principles.

A rational system for resolving conflicts between statutes is often used. It takes into account the importance of each statute, which means that one statute may override another if they conflict or state differently on certain issues. The laws that are most important are those given by legislatures (or an administrative agency like a court). Courts’ findings and interpretations of laws provided by legislatures (rather than themselves writing them) carry more weight than court decisions or case law, which is created through interpreting laws; but this is also more limited in scope. Frequently lower courts defer decision-making to higher courts after following their own review process rather than attempting to weigh all factors independently themselves.

2. Resolve conflicts between pieces of common law according to the hierarchy of courts

A conflict between two/multiple pieces of common law can be determined to take one precedent over another by assigning a numerical value to each and scoring them on the basis of their strengths. Such a process can help in determining conflicts of laws and prepare for future decisions that may arise.

The most recent decision will usually stand, but this may not be the case if the later decision is considered to be wrong. The court will have to weigh up all the factors in order to come to a determination.

3. Resolve conflicts between statute and common law according to the hierarchy of sources of  law

If there are no explicit provisions in common law or statute law to resolve a conflict between them, it is the role of the judiciary to establish which one prevails.

Judges cannot simply make up rules based on their own opinions, though. They must exercise the power given to them by Parliament in order to interpret legislation. So when faced with a conflict between the statute and common law, judges will look to the hierarchy of sources of law to decide which one should take precedence.

The most important consideration is always the intention of Parliament when it passed the legislation. If there is no clear answer, then the court will look at other factors such as how long the two pieces of law have been in force, and how well each of them reflects the current values of society.

Assessment Task 3: Research the trial system

In Australia, there are many trails that offer stunning views and great outdoor experiences. The trail system offers something for everyone, from beginner hikers to those who are looking for a more challenging hike.

There are also a number of different organizations that manage the trails, so it’s important to know which one you’re using before you start your hike. In this section, we’ll provide an overview of the trail system in Australia, and tell you how to find the right trail for you.

When you’re ready to find your trail, it’s important that you know which organization manages the trail. The best way to do this is by looking for a trial association. Trail associations are responsible for determining the rules and regulations of trails, so they will have information about trails in their area or on their site.

1. Examine elements of the adversary trial system

The adversary trial system is a process in which each party is represented by an attorney and has the opportunity to question witnesses and present evidence. This system is used in both criminal and civil trials, and it allows each party to have their case heard fairly.

In order to understand the adversary trial system, it’s important to know the different roles that are played by the parties involved. The parties in a trial are the plaintiff, the defendant, the prosecutor, and the defense attorney.

The plaintiff is the party who brings the lawsuit against the defendant. They must prove that the defendant is responsible for their injuries or losses, and they may also be seeking damages. The defendant is the person who is being sued, and they have the right to defend themselves against the allegations made by the plaintiff. The prosecutor is responsible for presenting the evidence against the defendant, and the defense attorney is responsible for defending them.

The adversary trial system is a process in which each party is represented by an attorney and has the opportunity to question witnesses and present evidence. This system is used in both criminal and civil trials, and it allows each party to have their case heard fairly.

In order to understand the adversary trial system, it’s important to know the different roles that are played by the parties involved. The parties in a trial are the plaintiff, the defendant, the prosecutor, and the defense attorney.

2. Identify and examine differences in law and procedures between civil and criminal proceedings

When you’re involved in a trial, it’s important to know whether the proceedings will be civil or criminal. The main difference between civil and criminal cases is that penalties are not awarded for losses incurred during a civil case. For example, if you lose your job due to disability after being injured by another person, you may seek compensation but you would not face jail time if you were unable to find another job.

If the authorities are made aware of the incident, it is likely that they will investigate and press criminal charges against the defendant. In a criminal case, defendants may be found guilty or innocent of the charges, but either way, their penalties will include fines and possible imprisonment.

In summary, civil cases are based on the principle of compensation, so no penalties are awarded. Criminal cases result in fines or possible imprisonment for defendants, depending on their guilt or innocence or the severity of the charges against them.

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