Where Australian law actually comes from

Understand the Constitution, Commonwealth law, State law, regulations and case law without mixing them together.

Learn

Australia has a federal constitutional structure. The Commonwealth Parliament has powers given by the Constitution, while States retain broad legislative power. Acts of Parliament and subordinate legislation operate alongside judge-made common law. If a valid Commonwealth law is inconsistent with a State law, section 109 of the Constitution can make the Commonwealth law prevail to the extent of the inconsistency.

See it

A criminal case may primarily involve the legislation and procedure of the learner’s State or Territory, while a consumer contract can also involve Commonwealth law such as the Australian Consumer Law.

Try it

For a sample issue, list whether the main source is Commonwealth legislation, State or Territory legislation, regulation, common law or a combination. Then record which jurisdiction applies.

Complete the mission

Build a source-of-law map for one issue and verify each source on an official legislation site.

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