Laws
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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.
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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.
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This factsheet explains the difference between rules and laws by comparing their source, jurisdiction and penalties, helping students understand how regulations operate in everyday life and within Australia’s legal system. It outlines how rules are created and enforced within specific groups or organisations, while laws are made by Federal, State, Territory and Local governments and apply to everyone within a jurisdiction, with penalties enforced by police, government bodies and courts. By linking these ideas to syllabus concepts such as the nature and function of laws, non‑legal rules, jurisdictions and penalties, the factsheet supports students in recognising how laws protect rights, maintain order and promote fairness in society.
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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.
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This explainer outlines how hate speech laws in Australia operate across a spectrum, from criminal offences such as incitement to violence to civil prohibitions on discrimination, humiliation and provocation. It outlines the difference between criminal and civil standards of proof and uses the Characteristics of Effective Laws framework to evaluate whether hate speech laws are clear, accepted, fair, enforceable and protective of human rights. By examining how these laws balance freedom of speech with safety, equality and community standards, the factsheet helps students critically assess whether hate speech legislation achieves its purpose within Australia’s rule‑of‑law system.
Factsheet: Laws in Australia
Laws reflect society, protect our rights and keep us safe
The purpose of laws is to keep the community safe, protect rights, establish responsibilities, create peace, equality and fairness in our society and to make penalties for people who break them.
Laws are usually made by parliaments and organise the way in which members of a society behave and protect them from harm. Laws are most often made by representatives of the people in Federal and State parliaments and Local governments.
Laws apply to all people in a particular place or area, known as a jurisdiction. This means that all people in Australia, or all people in a State, Territory or local government area will need to follow the law while they are living in or visiting the area. The penalties for breaking laws are given by police, government organisations and/ or courts. Penalties can range from minor penalties, such as a small fine for parking in a space for too long, to severe, such as long prison sentences for seriously harming another person.
In a democracy under the rule of law, all people (both the government and citizens) know the law and should be willing to obey it.
Law Making and Effective Laws
In Australia, Parliaments at Federal (Commonwealth) and State level, Legislative Assemblies at Territory level, and Local Governments at community level, have the responsibility to create laws on behalf of the people, to regulate behaviour to keep our community safe and functioning smoothly. They are the supreme law-making bodies in Australia and the laws are known as statute laws or legislation.
When a proposed law, a ‘bill’, is introduced, it is debated by representatives elected by the people. It may be amended to ensure that it is appropriate and suitable for the community, reflects societal values and upholds the rule of law principles and human rights. It may not be passed if not enough members deem it suitable for any of these reasons.
Most Australian parliaments have a bicameral (meaning two houses) system consisting of an upper and lower house. The exceptions are Queensland, the ACT and the NT, who have unicameral parliaments. The Upper House is called the ‘House of Review’ and is an important way for proposed laws to be checked (scrutinised) by all representatives of the people to confirm that they meet the criteria of effective laws, reflect community needs and standards and that laws are openly and transparently made
Many of our laws are called common law, otherwise known as judge-made law. These laws develop when a judge makes a decision in a case regarding a particular dispute. Each different decision forms a building block and judges use these decisions on the same general topic to create a legal framework, or legal precedent.
To ensure consistency and fairness, lower courts must follow the decisions (precedents) set by higher courts in similar cases with similar issues. For example, the Supreme Court of Victoria must follow decisions made by the High Court of Australia, and the District Court of NSW must follow the decisions of the Supreme Court of NSW.
Some influential common law cases still relevant in Australia today are Donoghue v Stevenson (1932) (UK), Mabo v Queensland (No. 2) (1992) and Dietrich v the Queen (1992).
Parliament cannot overturn a decision of the Court. However, as Parliament is the supreme lawmaker (except in regard to the Constitution), it can pass a new law that overrides the precedent established in the common law. This ensures that the ultimate power to make laws is with the people (via their elected represented) and not with judges, who are not elected nor accountable to the people.
Types of Law
Laws do not just prohibit acts (crimes) such as theft or murder that are harmful to individuals or society. There are also civil laws which deal with the rights and responsibilities between individuals and organisations such as breaches of contracts, property damage, or personal injury.
In criminal cases, the person bringing the case must prove their case beyond reasonable doubt (rather than the balance of probabilities in a civil case). This different level of certainty (standard of proof) required is higher in criminal law because the punishments are often greater than civil cases and may include imprisonment rather than a financial penalty such as a fine or damages.
There are also administrative laws that provide accountability and transparency by reviewing the conduct and decisionmaking of the government.
Finally, constitutional law deals with the interpretation of the Australian Constitution, a legal document setting out the basic laws for the government of Australia. These cases are heard and decided exclusively by the High Court of Australia. The High Court is the highest court in Australia and any decisions made are final. Any changes made to the Australian Constitution can only be amended by the Australian people through a referendum.
Related Resources
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This activity helps students evaluate whether a law is clear, consistent, enforceable and fair by applying a simple checklist. It supports understanding of what makes laws effective and how these features uphold the rule of law.
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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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