M3 - Learner Manual

2.1. The Australian Legal System

For a community or society to work, it needs to have a level of structure that applies to everyone and is understood by everyone. Law creates that structure and regulates the way in which people, organisations and governments behave.

A law is a rule that comes from a legitimate authority and applies to everyone. Laws are created to make sure that everyone understands what is expected of them as a member of society (their obligations) and what they can expect of others, including government (their rights).

 

Why do we have laws?

We have laws so that society can work effectively, to make sure that people or organisations are not able to use power, money or strength to take advantage of others or to make things better for themselves. We have laws to make sure that everyone understands their rights and obligations and the rights and obligations of others.

 

What is a ‘legal system’?

All countries have a legal system of some sort. The ‘legal system’ is a broad term that describes the laws we have, the process for making those laws, and the processes for making sure the laws are followed. Our legal system reflects how we, as Australians, behave and how we as a country expect people, organisations and governments to behave with each other.

Who are the players in the Australian legal system?

We are all involved in the Australian legal system because it regulates what we may and may not do as members of the Australian community and because we elect those who make the laws:

• Commonwealth government – laws are passed by the Commonwealth Parliament, elected by all Australian citizens who are enrolled to vote;
• State/territory government – laws are passed by the state or territory parliament, elected by those Australian citizens who live in that state or territory who are enrolled to vote;
• Local government – local government by-laws are passed by the local councillors elected by people who live or own businesses within the local government area.

 

There are, however, some people and organisations at the heart of the legal system:

• The Federal, State and Territory parliaments;
• Courts and tribunals;
• Government departments;
• Government ministers;
• Police; and
• Lawyers (law firms, private practice, government departments).

Each has a different role to play in the legal system.