2.1 Aussie Legal System

Topic
1: Law
Year 9 and 10 Law
(Term 3)
Concept
2:
Legal
Concepts
2A:
The
Aussie
Legal
System
Recap
1. Laws vs Rules
a. Laws - made by an
official body,
enforceable by law
b. Rules - made and
enforced by private
individuals & groups
2. Why do we have laws?
What do you know
about the legal
Lets make a word cloud, write as many things you know about the legal and
parliamentary system? E.g. Prime Minister, Parliament.
system
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First, a crash
course in the
Australian legal
system
A Brief History of Australia
and its legal system
Indigenous commu
law
Prior to the settlement/invasion of
British coloniser on Australian land,
the Aboriginal and Torres Strait
Islander peoples had their own
system of law.
The Indigenous system of law

included well-established rights,
responsibilities and codes of
behaviour, often handed down
through oral-tradition.
A Constitutional Monarchy
Prior to 1901, the Commonwealth of Australia
did not exist - instead it was 6 separate British
colonies.
The Commonwealth of Australia

Constitution Act 1900 (UK) came into
operation on 1 January, 1901, creating the
Australian federation and establishing the
Australian legal and justice system.
Australia is a Constitutional Monarchy,

meaning the British Monarch (King Charles III)
remains the head of state and the parliamentary
The Australian
Constitution
Commonwealth of Australia Constitution
Act 1900 (UK)
The Australian Constitution is a legal document

with a set of rules and principles that guide the
way Australia is governed.
It sets out:
● Rules of government
● Law making powers
● Parliament
● Division of Powers (e.g. states)
● Few basic Rights
● Establishes the High Court 9
The parts of our
legal system
There are 2 ‘parts’/structures in our legal
system:
1. Parliament - the ultimate law-maker

2. Courts - interpret and enforce the law (and
sometimes make law)
Other areas of the legal system include the lower

structures that help to make, enforce and apply
the laws including:
3. Police
4. Local Councils and other delegated bodies
9
5. Dispute Resolution bodies (VCAT)
Parliament (8min
vid)
Parliament & Government
Parliament is the primary law-making
body(ies). There is 1 federal
parliament, 6 state parliaments, and 2
territory parliaments (9 in total).
Australia is a democracy meaning that

parliament is made up of elected
representatives from each state or local
area.
Parliament’s purpose is to make laws

for the good government of the
country, state, or territory in which it
is located (as set by the Constitution).
Government is the political party with

the majority of seats (votes) in the lower
house of parliament (there are 2 houses -
we will look at this next lesson).
State vs Federal
The Constitution sets out areas that states and federal parliaments can
Law-Making
make law in. States only powers are called RESIDUAL POWERS. Federal
only powers are called EXCLUSIVE, and where they overlap are called
Powers
CONCURRENT.
In the case of a current law being the same as a state law, the federal law
will override the state.
9
Levels of Law-Making
Australia has 3 levels of law-making (3 levels of government)- each
which is higher or lower than the other.
9
Courts
Courts are the formal legal institutions that
interpret, apply, and enforce the laws
made by parliament.
In Australia, the courts operate independently

of parliament and government to ensure that
no one body has ultimate power. Courts can
make laws called precedents (we will look at
this later).
The Courts are organised into a hierarchy,

with the higher courts dealing with more
serious and complicated cases, and the
lower courts dealing with everyday
Foundations of our Legal
system
Answer the following questions about the Australian Legal
System and Australian Constitution:
You may like to do some research or use the textbook pages provided.
1. Did Australia exist as a unified nation before 1901? If not, what did
exist?
2. Name the 6 colonies prior to 1901
3. Why did the colonies want a central parliament?
4. What is the Australian Constitution, and what does it do?
5. Why do you think it was the British Parliament that passed the
Constitution?
6. What law-making powers did the colonies feel that a central 9
parliament should have? Give examples.
Foundations of
our Legal system
9
The Principles of
our
Our legallegal System
system is built on a number
of key principles that are designed to
help protect the rights of all Australian
citizens.
Some of these principles include:
- All individuals are equal before the

law
- Due Process and Fairness - the right
to hearing, independent judiciary 9
LADY JUSTICE
Lady Justice is a common symbol of
the principles of our justice system.
Conduct some research on the symbol
of ‘Lady Justice’ and:
1. Draw or find an image of Lady Justice

2. Label Lady Justice symbols and
describe their meanings
3. What are the origins of Lady Justice?
4. Where can the icon be frequently
seen?
5. Exit Ticket: From your research,
9
identify what the rule of law is, and the

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Topic

The Indigenous system of law

The Commonwealth of Australia

Australia is a Constitutional Monarchy,

The Australian Constitution is a legal document

1. Parliament - the ultimate law-maker

Other areas of the legal system include the lower

Australia is a democracy meaning that

Parliament’s purpose is to make laws

Government is the political party with

In Australia, the courts operate independently

The Courts are organised into a hierarchy,

Some of these principles include:

- All individuals are equal before the

1. Draw or find an image of Lady Justice

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