Laws
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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 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 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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This explainer outlines how Australian hate‑speech laws work, including the limits on free expression, the protections against vilification, and the role of courts and human rights bodies in resolving complaints. It highlights how the law balances freedom of speech with safeguarding individuals and communities from harm.
Rules and Laws
What’s the difference?
Regulations are rules made and enforced by an authority. No matter what activities or sports you choose to do, school you go to or where you live in the world, there are always regulations to follow. To stay as a member of that group or community and be able to enjoy the rights and freedoms you have by being a member, you have to follow the regulations set by that group. If not, there are penalties that you will have to face to either remain or return to having full rights. How do we know whether the regulation we face is a rule or a law?
There are 3 things that you can look at to determine whether a regulation is a rule or a law:
The Source – who made the regulation?
The Jurisdiction – who does the regulation apply to?
The Penalties – what happens when someone doesn’t follow the regulation?
Rules
Are a set of regulations of how things should be done by members of a particular group or organisation. They belong to a specific group of people and apply only in certain circumstances. Rules are agreed to and set by the members of an organisation, for example a school or sports club. The leaders of that organisation then monitor whether members are following them or not, and if not, why not.
Rules only apply to people in a particular group, for example, the rule to wear you uniform either to school or to play sport for a club. People who do not belong to the club are unaffected by the rules and do not need to know or follow them.
The penalties that apply to rules will be enforced by the leaders of that club, group or school, for example, the coach of a football team, the president of a netball club, or the principal of a school. Penalties may include exclusion from the organisation for a small period of time or extra responsibilities.
Laws
Are also regulations but are usually made by parliaments and used to organise the way in which members of a society behave and protect them from harm.
Laws are most often made by 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. Some examples include the law made by State and Territory Parliaments that children over 6 years old must attend school for an education.
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.
The purpose of laws is to keep the community safe, protect their rights, establish responsibilities, create peace, equality and fairness in our society and to make penalties for people who break them
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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