answersLogoWhite

0

Australia Law and Legal Issues

The law of Australia is covered by the “Constitution of Australia,” which defines the constitutional monarchy and provides the foundation of the government. It is comprised of common laws, federal laws, and enacted laws.

500 Questions

Are all high court judges appointed by the governor general of australia?

User Avatar

Asked by Wiki User

High Court justices are appointed by the Governor General on advice of the Prime Minister.

What are the two houses of Parliament the federal government is made up of in Australia?

User Avatar

Asked by Wiki User

Different states have different houses of parliament.

In Australia, federally, the two houses of Parliament are the Senate (Upper house) and the House of Representatives(lower house).

Within each of the states and territories, this changes, and the names of the houses of Parliament are as follows:

  • New South Wales: Legislative Council (upper house) and Legislative Assembly (lower house)
  • Victoria: Legislative Council (upper house) and Legislative Assembly (lower house)
  • South Australia: Legislative Council (upper house) and House of Assembly (lower house)
  • Queensland: Legislative Assembly (there is only one house)
  • Western Australia: Legislative Council (upper house) and Legislative Assembly (lower house)
  • Tasmania: Legislative Council (upper house) and House of Assembly (lower house)
  • Northern Territory and Australian Capital Territory:Legislative Assembly (one house only)

Where did Australia's common law originate from?

User Avatar

Asked by Wiki User

Australia was in many ways still part of the British legal system until the Australia Act was passed in 1986. This Act of the Commonwealth Parliament gave Australia essentially political and legal independence.

This question, however, can only be answered with knowledge of Australia's past. Australia was established as a British Colony when the first fleet was sent and it was ruled that Australia was Terra Nulluis, meaning it was land belonging to no one. Immediately (according to the doctrine of reception) British laws applied to all of the Empires subjects and other primitives inhabiting the land.

It is because of this doctrine of reception that Australia has typically adopted the British Common law system of law.

Can you take your landlord to court for over charging you for repairs?

User Avatar

Asked by Wiki User

Yes -but. . . You must have documentation to prove that: A) The poor health symptoms are caused by the problems in the unit B) That you have repeatedly informed the landlord about the problem and requested that it be repaired C) That the landlord did not do so within "a reasonable time". All three can be difficult, but the tricky one is C, as "a reasonable time" varies by what the problem is and by local and state regulations. For an active leak/flood, it varies from 6 to 24 hours, and goes up sharpely from there. On top of all of that, it depends on the type of repairs that need to be made. Not all repairs are the responsibility of the landlord. So check your local laws and by-laws as well as your contract to make sure the landlord is actually responsible for the necessary repairs.

For the UK the rules are similar to those described above, but in the UK the owner or landlord of a property is considered an Occupier and as such has a duty to not only those living in the property, but also those visiting the property. If the defect causes an obvious danger such as defective wiring - te chances of a successful claim against the landlord are good if an injury occurred. if for example the problem is water ingress causing mold and hence breathing disorders such as asthma - there is still a good chance of success, but it will depend on how long the problem has existed and what notice the landlord had of the problems.

.

Yes and you must provide proof that will prove your complains.

Can a convicted felon travel to New Zealand and Australia?

User Avatar

Asked by Wiki User

Travel, usually. It depends on the crime and it is within good thought to check with their closest embassy to decide if they think you could.

To emigrate however with a criminal record is very difficult.

What is the legal age for nude photography in Australia?

User Avatar

Asked by Wiki User

It all depends on the nature of the image, if it's a shot of a naked child running the sprinkler, or a bath-time photo, it is typically legal to do so. as long as the photos are not of children engaged in sex acts, or posed in a sexual manner, you should be fine, even if genitalia is visible.

If you want to see an image that would be illegal in most states, look up "virgin killer" by "the scorpions" for the original cover, and compare it to the cover of "never mind" by "Nirvana", and you should get a real good sense of what type of photo would be legal and illegal.

even something you think that looks innocent, like two naked toddlers hugging each other, regardless of setting, could be deemed as a sex act in some or most jurisdictions.

I am by no way an attorney, and the advice above is based upon my own research.

What collective rights do aboriginals have?

User Avatar

Asked by Wiki User

The inuit have whale hunting as a collective right they are allowed to hunt as they wish.

What is the official policy regarding immigration in Australia?

User Avatar

Asked by Wiki User

Hi,

Australian immigration authroity has set the rules and regulations to intake skilled applicants to contribute to the economy of the country. Australina immigration department follows the point based system, where you need to score minium of 65 points out of 100. The points are calculated on the bases of age, work experience, English language eligibility, IELTS and other factors. The higher the immigration score more will be the chances to get invitation from the immigration department. You can calculate you points using Australian immigraiton points calculater which is newly updated from 16 November 2019.

You can visa Aptech Visa Australian immigration points calculaor to calculate your total immmigration score.

What was the law and order on the Australian goldfields?

User Avatar

Asked by Wiki User

By the early 1850s, the gold rush had attracted a less desirable crowd. Crooks, bandits, claim jumpers, professional gamblers and others came to take advantage of the wealth.

In Australia how does a territory become a state?

User Avatar

Asked by Wiki User

The area desiring Statehood first petitions Congress for admission. 2. If and when Congress chooses, it passes an enabling act, which directs the framing of a proposed State constitution. 3. A convention prepares the constitution, which is then put to a popular vote in the proposed State. 4. If the voters approve the constitution, it is then submitted to Congress for its consideration. 5. If Congress still agrees to Statehood after reviewing the document, it passes an act of admission. 6. If the President signs the act, the new State enters the union.

For a territory to become a state, they must petition Congress for statehood. Once this is done, they must adopt both a government and a constitution that is compliant with the US Constitution. They must then wait to see if they are voted in or not. If they are voted in by Congress, the president must sign a joint resolution to declare them a state.

Why is the common law system important?

User Avatar

Asked by Wiki User

In most of the world whose laws are based on (or follow) the English tradition, so-called 'common law' formed the basis of a good many of our current body of laws. However, today very few, if any, countries laws are conducted in a pure common law tradition.

What are the salient features of administrative law and the most important rights linked to administration of justice?

User Avatar

Asked by Wiki User

Administrative law refers to a body of law that regulates the operation of governmental agencies. The salient features of administrative law are the procedures under which these agencies operate as well as external constraints upon them.

Can I drive in Australia with a mauritian driving licence?

User Avatar

Asked by Wiki User

Yes If you have a valid UK license you can drive in Australia

How do you proceed to get a new law passed in Australia?

User Avatar

Asked by Pldavis27

It has to go through the house of representatives. then if they like it it goes through the senate again and becomes a bill. If they don't like it the make changes then it has to go back to the senate and they rewrite the bill.

introduction and first reading

the house grants permission for a member to introduce a bill. the bill is read by the clerk.

second reading

the member in charge of the bill explains the effect of the proposed bill and starts second Reading debate. all members can make only one speech. member in charge has the right to reply overate. at the end, the main vote is taken.

committee of the whole house

after the second reading, the house forms a committee. each bill is dealt in finer detail example; punishment for breaking it.

the third reading

the third reading is mainly formal and some debate might occur

presentation to the other house

the bill is then sent to the upper house and the same procedure occurs.

governor

once the bill has passed through both of the houses, then it is presented to the governor. the governor signs sign the bill and it becomes a law!

If you go bankrupt in Australia can you leave the country?

User Avatar

Asked by Wiki User

If you have been declared legally bankrupt in Australia, you will need to get the written permission of your trustee.

You must have a valid reason for overseas travel, and permssion may be refused for any number of reasons.

What are the legal basis for arrest?

User Avatar

Asked by Wiki User

A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.

What happens if you drive unsupervised on your learners permit in Melbourne?

User Avatar

Asked by Wiki User

how can i drive with provisional driving licence 49 cc scooter

Does Australia have an extradition treaty with the United States?

User Avatar

Asked by Wiki User

Yes they do, But not for any crimes that could involve the death penalty. Being a punishment. As Australia does not support the death penalty. Has not executed anyone under capital punishment since 1967.

Did Eddie Mabo win his case?

User Avatar

Asked by Wiki User

Eddie did win his case and the government overturned the common law of terra nullius to give the land back to the Murray island peopple

Two laws of magnetism?

User Avatar

Asked by Wiki User

Electromagnetism is the law of attraction and interaction between electric currents and magnetic fields.