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Term 1 Week 7

The document discusses the three types of laws in Australia: statute law, delegated law, and common law. It explains how a bill becomes a law through the process of being agreed on by both houses of parliament and receiving royal assent from the Governor-General. The document also mentions customary law and judge-made common law in Australia.

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8 views

Term 1 Week 7

The document discusses the three types of laws in Australia: statute law, delegated law, and common law. It explains how a bill becomes a law through the process of being agreed on by both houses of parliament and receiving royal assent from the Governor-General. The document also mentions customary law and judge-made common law in Australia.

Uploaded by

montannab
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Term 1 Week 7

LI:
Students will learn how rules are made in Australia.
SC:
Students can complete quizzes and activities to show their understanding of laws in
Australia.

Continue from week 6


Content:
Explain the difference between a rule and a law:
3 Types of laws in Australia
1. Statute Law
2. Delegated Law
3. Common law

1. A law made by parliament is called statute Law.


2. Laws based on customs or court decisions are known as common law.
3. When a minister or a government department makes a law, it is called a delegated law.
This type of law is called delegated law because a parliament delegates its law-making
power to a minister or department.
4. The parliament keeps the right to overrule these delegated decisions if it does not agree
with them.
5. Australia inherited its system of common law from Great Britian.
6. A statute law is the result of a majority vote in the Senate and the House of
Representatives that is then signed by the Governor-General.
7. A bill needs to be agreed to by both the Senate and House of Representatives,
and then signed into law by the Governor-General before it becomes a statute
law.
8. Statute law takes priority in a court.
9. The Executive can only make delegated laws because the parliament gives them
the power to.
10. Sections 51 and 52 of the Constitution gives the Australian Parliament the
power to make laws. Section 51 is the part of the Constitution that lets the
Australian Parliament make national laws about different matters, like tax and
welfare. Some words in section 51 give the Australian Parliament the power to make
special laws for the people of any race. This is called the race power. Section 52 lists
the areas which only the federal parliament can make laws about (exclusive
powers). It gives the federal parliament the power to decide on the federal
seat of government and authority over the federal public service.
11. A Bill becomes law when the Royal Assent is given by the Governor-General –
as King Charles III’s representative in Australia.
12. The current Governor-General is David Hurley.

13. Customary law in Australia relates to the systems and practices amongst
Aboriginal Australians
14. Judge-made law – known as common law – is law that has developed from
judgments handed down in court. It is most often used to make decisions
about areas that are not included in Acts of parliament. When using common
law judges decide cases along the lines of earlier decisions made in similar
cases ('precedents')
15. A precedent is something that may serve as an example or rule to be followed
in the future. It is a situation where an action is taken or a decision is made
that goes against established norms, values, or legal principles, and creates a
negative standard for future behaviour – in both a rule and a law.
Worksheet – How a law is made.
Review parliamentary law with the Pass the bill interactive
play the Types of laws quiz

 Review the Delegated law fact sheet.


 Highlight key ideas on the fact sheet and summarise the information in your
workbooks.

Explore the way precedent operates in common law with this scenario activity from
Discovering Democracy.

Students can write a reflection in their books to answer the following questions:

a. What laws in Australia have an impact on your daily life?


b. Are there other sources of law in Australia?
c. What other sorts of regulation or rules or law are important in Australia? You could
discuss the customary law of Aboriginal and Torres Strait Islander. The TimeBase
Australian Legislation could provide a framework for this discussion.

https://www.twinkl.com.au/go/resource/how-a-law-is-made-multiple-choice-quiz-au-hu-
1643691189

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