Laws
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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: What makes a law truly effective and how the game of monopoly can show you
The rule of law and human rights define the parameters of what makes a good law. Under the rule of law, effective laws are laws that can regulate the targeted behaviour in a way that is equal, fair and just, and protects the people from arbitrary rule.
Key Characteristics of Effective Laws
1. The Law must Protect the Rule of Law and Human Rights
Laws should reflect our systems of governance and not unreasonably erode rights, such as the presumption of innocence, fair and prompt trials, freedom of speech and equality before the law. Where appropriate, they should also comply with Australia’s human rights obligations.
2. The law must be Clear
The law must clearly state what is expected for people to comply with it, and what penalties apply if they do not. Clearly defined laws help to prevent uncertain and arbitrary rule and provide consistent decision making about breaches of law.
3. The law must be Known and Accessible
Law must be discoverable (easily found) by community members and use simple language (accessible) so it can be understood, increasing the ability of people to adjust their behaviour to comply with the law. The media can help with this by publicising laws or changes to laws.
4. The law must be Accepted
The community must accept the law as relevant and reflective of societies wishes and values, otherwise they may not follow it.
5. The law must be Applied Consistently and Fairly
The Executive authorities in charge of administering the law (applying it) and the Judiciary must be seen to be doing so in a way that is consistent, fair and equal. This means that everyone is subject to the law, even those in power, and that similar penalties are applied for similar breaches.
6. The law must be Enforceable
People breaking the law must be able to be brought to justice by relevant bodies of the Executive and the Judiciary. Without enforcement of penalties, there is no incentive for people to follow the law.
7. The law must be Stable
The law must not change regularly so the community knows what it required of them. This will enable people to comply with law and have trust in the legal system.
8. The law must be Amendable (Changeable)
As community needs and values change over time, the law must be able to change to ensure that the law is accepted, and people can follow it easily.
9. The law must be Prospective, not Retrospective
Retrospective Laws are laws passed today that change what was legal or illegal yesterday. This changes what people’s rights and responsibilities were in the past and makes people unable to comply with the law.
Related Resources
-
This explainer outlines how statute law, common law and delegated legislation are created, changed and applied in Australia, outlining the parliamentary stages of law‑making, the development of common law through judicial decisions and precedent, and the role of executive bodies in making delegated legislation under enabling Acts. It connects directly to syllabus concepts such as the origin and development of common law, features of the doctrine of precedent, steps in the legislative process, parliamentary supremacy, and reasons for changes in the law, including social values, technology and community safety. By showing how each source of law operates within Australia’s democratic framework and the rule of law, the resource helps students understand how legal authority is exercised fairly, transparently and accountably.
-
This factsheet outlines the key characteristics of effective laws in Australia’s representative democracy, explaining how laws must protect the rule of law, uphold human rights, and regulate behaviour in ways that are clear, known, accepted, consistent and fair. It highlights syllabus concepts such as accessibility, enforceability, stability, prospectivity, and the need for laws to be amendable as community values change. By showing how effective laws prevent arbitrary power and support equality before the law, the factsheet helps students understand why legal certainty and accountability are essential in Australia’s legal system.
-
This factsheet provides a clear overview of how laws in Australia are created, applied and enforced, explaining the purpose of laws, the role of statute law, common law and legal precedent, and the importance of the rule of law in a democratic society. It outlines key syllabus concepts including effective law‑making, bicameral and unicameral parliaments, the doctrine of precedent, and major types of law such as criminal, civil, administrative and constitutional. Designed as a concise one‑page resource, it helps students understand how legal institutions operate across different jurisdictions and why fairness, accountability and legal certainty are essential in Australia’s legal system.
Explore Related Topics
-
Law is Known and Accessible
Explore resources on accessible law, highlighting why clear, and public rules are essential for fairness and social participation by enabling informed decision‑ making & transparent governance.
-
Democracy
Explore resources on democracy, highlighting how accountability and representative institutions ensure power is exercised fairly and transparently through open processes, civic engagement and responsible governance.
-
Open and Transparent Laws
Explore resources on transparent lawmaking, highlighting how accessible processes strengthen accountability and uphold democratic principles through responsible decision‑making.