LWS101 Australian Legal System Notes for Exam

Summary:

The Australian Legal System is a complex network grounded in the English legal heritage, inherited during British colonization in the 1770s. It encompasses three types of laws: Legislation law, made by Parliament and encompassing Commonwealth and State Acts; Common law, made by judges and influenced by the Constitution; and Indigenous customary law, with limited recognition.

The Australian Government has three levels: Federal, State/Territory, and Local. The Constitution distributes powers between them, some exclusive to the Commonwealth and others shared.

Courts in Australia are tiered, starting with Magistrates Courts for minor offences, up to the High Court as the apex court for all states. Other specialized courts include the Federal Circuit & Family Court and Coroners Court, each with specific functions and jurisdictions.

The Doctrine of Precedent emphasizes the importance of decisions by higher courts in the same hierarchy, allowing for consistency and certainty in legal outcomes. This ensures that both common and statutory laws apply, although legislation takes precedence if there is an inconsistency.

Different areas of law include Criminal law, focusing on punishment for crimes, and Civil law, resolving individual disputes. Both operate on the ‘balance of probabilities’ standard of proof. The Coroner’s Court investigates specific deaths without assigning guilt or innocence, and disciplinary proceedings like the Office of the Health Ombudsman and Queensland Civil and Administrative Tribunal regulate health practitioners.

Human Rights Law in Australia operates on various levels, adhering to international covenants and federal and state acts. Its purpose is to uphold the dignity and worth of all individuals in Queensland, regardless of diverse factors like age, ethnicity, and economic status. The Human Rights Act 2019 (Qld) is central to the state’s approach, defining the rights of individuals and the obligations of public entities in ensuring these rights are upheld.

Excerpt:

LWS101 Australian Legal System Notes for Exam

Australian Legal System

What is law?
– A system of rules that bind society and to which penalties and other consequences may attach
– Positive and negative obligations:
➢ Things you must and cannot do
– Penalties attached to not following the law