Laws
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This poster forms part of the Informed Playing Card Project, showing how laws are made, the different types of laws in Australia, and the features that make laws effective.
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Summary of the different roles of the Lower and Upper houses of Parliament in a Bicameral system of government. The resource pack considers the NSW Bicameral and the Federal Bicameral system and the different representatives, terms, law-making powers and responsibilities.
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A simple video explainer about why Parliament has two houses under the Westminster system of government, covering the roles of the Lower House (Legislative Assembly/House of Representatives) and Upper House (Legislative Council/Senate) in a bicameral Parliament. Learn why parliamentary scrutiny of laws, government decisions, and the Executive is essential for accountability, transparency, and effective democratic government.
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Delegated legislation allows Parliament to authorise government departments, councils and other bodies to create detailed rules—such as regulations, by‑laws and ordinances—under powers granted by an Act. It enables laws to be updated quickly, adapted to changing circumstances and informed by specialist expertise, but it also receives less direct democratic scrutiny than primary legislation. This video explores the benefits and risks of delegated law‑making, including concerns about executive overreach, limited public awareness and the use of “Henry VIII clauses” that permit delegated laws to amend Acts. It emphasises the need for strong parliamentary oversight, transparency and safeguards to ensure delegated legislation remains consistent with the rule of law and the separation of powers.
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This video explains the difference between rules and laws, why societies need them, and how they protect rights and maintain order. It introduces who makes laws, how they are enforced, and how rules and laws work together within Australia’s rule‑of‑law framework.
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This video explains the features of effective laws and uses the game of Monopoly to show how clear, fair and consistently applied rules create order. It highlights how good laws guide behaviour, prevent conflict and support a fair society.
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This video uses the Rule of Law Education Centre’s checklist to assess whether proposed hate‑speech laws are clear, fair, enforceable and protective of human rights. It explains how the laws aim to keep Australians safe while balancing freedom of speech, and shows how different types of hate speech attract different penalties depending on their seriousness.
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This PowerPoint introduces the features that make laws effective—clarity, consistency, fairness and enforceability—and shows how these qualities help laws protect rights, guide behaviour and support the rule of law. It is designed to help Years 9–10 students evaluate real laws using these criteria.
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This PowerPoint introduces the difference between rules and laws, why societies need them, and how they guide behaviour and keep communities safe. It explains who makes laws, how they are enforced, and how rules and laws work together within Australia’s rule‑of‑law framework.
Video: Hate Speech Law: Is it a good law?
The challenge when making hate laws is balancing:
Freedom from discrimination versus Rights (right to speech, right to expression)
Where do we draw the line to balances these rights?
There is a spectrum of hate speech:
Incitement to Violence
Incitement to Hatred
Incitement to Discrimination
Provocation
Insult and Humiliations
Denial of Historical Attrocities
Different laws for hate speech depend on where they sit on the spectrum.
Some are
criminal offences such as Incitement to violence which is covered in legislation such as Federal Criminal Code Act (Cth) 1995 and Crimes Act (NSW) 1900; or
civil offences such as incitement, discrimination which is covered in legislation such as Racial Discrimination Act (Cth) 1975 or Antidiscrimination Act (NSW) 1977.
With the State discrimination legislation in Victoria, Queensland, Western Australia an South Australia containing both civil and criminal offences.
Why does it matter if it is Civil or Criminal Offense?
Criminal:
Hate Speech is criminalised when it poses a threat to public safety and order.
Given that punishments may include imprisonment, providing such offence requires a high standard of proof (beyond reasonable doubt).
Civil:
Hate Speech can also be treated as a civil liability for offences that are considered less severe on the hate speech spectrum.
The standard of proof is lower, on the balance of probabilities.
Things to consider when looking at hate speech laws?
What is the purpose of the law?
Is it clear? Are the terms and definitions clear enough? The need to be precise and not vague so as to avoid arbitrary application. Will the community understand what types of speech are covered by laws?
Are they accepted? Are the boundaries of behaviour consistent with community standards? Or do they only reflect one group’s perspective?
Are they fair? Does the punishment fit the crime? Or do they unjustly impact on other important rights? Will everyone be subject to the law and similar penalties applied for similar breaches?
Are they enforceable? Are they clear enough so they can be effectively enforced? Are they broad enough to cover what the laws are intending to protect against?
Do they protect human rights? Do they effectively balances the right to safety and security with the right to freedom of speech?
Will they satisfy their purpose? Will they send a clear message about community expectations regarding certain behaviour?
By evaluating laws through these characteristics, we can form a critical understanding about whether a particular law achieves its purpose and aligns with the rule of law.
Our laws must protect and advance individual Australians. It is critical that Australians feel safe and free to go about their day to day lives.
Related Resources
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This explainer outlines the difference between rules and laws, showing how laws are created, enforced and applied to protect rights, maintain order and keep communities safe. It helps students understand why societies need laws, how they guide behaviour and how the rule of law ensures fairness and accountability.
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This explainer outlines what laws are, why societies need them, and how they protect rights, ensure safety and guide behaviour. It explains how parliaments make statute law, how courts develop common law through precedent, and how different types of law—criminal, civil, administrative and constitutional—operate within Australia’s rule‑of‑law framework.
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This explainer outlines the key features that make laws effective, including clarity, consistency, enforceability and fairness. It shows how well‑designed laws protect rights, guide behaviour and support the rule of law by being known, stable and applied equally to everyone.
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