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Questions and Answers
What is the primary role of the Commonwealth Parliament in Australia?
The Commonwealth Parliament makes laws that apply to the whole of Australia.
How do state parliaments differ from the Commonwealth Parliament in their law-making?
State parliaments make laws that apply only within their specific state or territory.
What are statutory authorities and what role do they play in law-making?
Statutory authorities are bodies created by parliaments to make minor laws efficiently on their behalf.
Can judges in Australia create laws? If so, how?
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What responsibility do all Australians have concerning the law?
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Give an example of a law that falls under the responsibility of state parliaments.
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What is legislation, and how does it relate to the role of parliament?
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In what instances might local councils create laws, and give an example?
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Study Notes
Law Making Bodies in Australia
- Laws can be made by Commonwealth, state and territory parliaments, local councils, and court judges.
- Various bodies, known as statutory authorities, are created by parliaments to make more localized, minor laws efficiently.
Role of Parliament in Law Making
- Australia's laws are primarily made by parliament, which consists of elected representatives.
- Legislation, statutes, or Acts refer to laws made by parliament.
- There are two levels of parliament: Commonwealth (federal) and state/territory parliaments.
- The Commonwealth Parliament in Canberra makes laws applicable to all Australians, while state parliaments address specific local needs.
Examples of Legislative Authority
- Commonwealth laws, such as those regarding marriage and divorce, apply universally across Australia.
- State parliaments handle areas like driving and adoption laws, which can differ significantly; e.g., minimum age for a probationary driver's license is 17 in Western Australia but 18 in Victoria.
Role of Statutory Authorities
- Statutory authorities like local councils, Australia Post, and Country Fire Authorities are delegated minor law-making powers by parliaments.
- These authorities create specialized laws on local matters, such as park usage or waste management.
Role of Courts in Law Making
- Judges in higher courts (e.g., Supreme and High Court) can establish laws through their decisions.
- A judge's ruling creates legal principles (common law) binding for similar cases in other courts.
The Rule of Law
- Australian legal system operates on the rule of law, ensuring laws apply equally to all individuals and organizations.
- Laws can only be amended or enacted by entities with legal authority, specifically Commonwealth, state, and territory parliaments and courts.
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Description
Explore the various law-making bodies in Australia, including the roles of the Commonwealth and state parliaments, as well as local councils and statutory authorities. Understand how these bodies create laws that cater to both national and local needs, and their jurisdiction in areas like marriage, driving, and more.
