We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
This chapter summarises for doctors the sources and forms of the law and the structure and roles of courts and tribunals in Australia. The constitutions of the Australian states and the Commonwealth of Australia Constitution Act 1900 derived their authority from legislation passed in the United Kingdom Parliament. That Parliament in theory was able to amend the Australian Constitution until 3 March 1986 when the Australia Act 1986 came into operation by a proclamation signed by the Queen on that date. The Australia Act 1986 terminated the power of the Parliament of the United Kingdom to legislate for the Commonwealth of Australia or its states and territories. It also ended the links that had existed between the Australian court system and the English court system by terminating the right of appeal to the Privy Council from either the High Court of Australia or the Supreme Courts of the states [1–2].
SOURCES AND FORMS OF LAW IN AUSTRALIA
The two main sources and forms of law in Australia are legislation and the common law. Legislation comprises laws made by parliament, or regulations or other types of delegated legislation made by some other person or body authorised by parliament to so do. Laws passed by parliament are embodied in printed documents called Acts of Parliament or statutes. Common law consists of the principles developed by judges in cases that come before them and includes the vast body of unenacted law developed by the English courts over many hundreds of years.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
