criminal law guidebook queensland and western australia pdf

Criminal Law Guidebook Queensland And Western Australia Pdf

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During her lectureship in the Law Faculty at Monash University, she designed, implemented and taught legal research courses at undergraduate and graduate levels. Petal has written articles on legal research and also designed an interactive web based legal research program.

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Law Topics

During her lectureship in the Law Faculty at Monash University, she designed, implemented and taught legal research courses at undergraduate and graduate levels. Petal has written articles on legal research and also designed an interactive web based legal research program.

The Constitution of Australia established a federal system of government. Unlike the United States where no member of the legislative, executive or judicial arms may simultaneously be a member of one of the other arms, in Australia, the Executive Government is drawn from the Legislature. Australia is not yet a Republic; instead, the Commonwealth Parliament has as its head the Queen, represented by the Governor-General.

A Referendum seeking to establish a Republic failed in For a proposal to succeed, it must be favoured by a majority of voters in a majority of the states, and by a majority of voters overall. Only eight out of forty-four proposals have been carried by referendum for the history see Referendums and Plebiscites. Each State and Territory also has its own bicameral Parliament with the exception of Queensland, which, in , abolished the Upper House.

Senior Ministers administer the major Departments and may come from both Houses; however, it is usual for the majority to be members of the House of Representatives.

All major policy and legislative proposals are decided by the Cabinet. The composition of the current and previous Cabinets is available online. Chapter III of the Constitution begins with section 71, which provides that the judicial power of the Commonwealth shall be vested in a Federal supreme court, to be called the High Court of Australia, and in such other Federal courts as the Parliament creates, and in such other courts as it invests that Federal jurisdiction — see Gleeson CJ, The Federal Judiciary in Australia.

Judges can only be removed from office by the Governor-General following a request for the removal from both Houses of Parliament on the ground of proved misbehaviour or incapacity. The Australian court system is hierarchical. There are two major types, the Federal courts and the courts at State level with the High Court sitting at the top of the hierarchy.

Within a majority of the States and Territories the courts are divided into three hierarchical levels; lower courts Magistrates or Local Courts ; intermediate courts District or County Courts ; the top level being the Supreme Court. It is also still standard practice to cite an authorised report in preference to an unauthorised report in written publications.

AustLII is a free source for access to full text Australian case law. It contains High Court reported judgments from -. High Court of Australia Transcripts are also available from -. One of JADE's major innovations is CaseTrace, a system that operates at the paragraph level, pinpointing links from later decisions, which refer to particular paragraphs of the earlier decision.

Both series are available electronically two weeks prior to the hard copy version. The ALR are published electronically two weeks prior to the hard copy version. The Tasmanian project commenced in , again by Bruce Kercher, this time in conjunction with Stefan Petrow of the University of Tasmania. Dr Petrow has written on the project and his paper is published in the Australian Law Librarian journal Vol 13, No 4, For further historical resources see section titled Australian Legal Historical Documents.

Casebase is useful for locating journal articles; however, its primary function is that of a Case Citator. Case entries include parallel citations, a list of cases that have subsequently considered the case, CaseBase signals indicating the precedential value of subsequent judicial consideration, a list of cases considered in the case, judicially considered words and phrases, catchwords, digests and articles which have commented on the case. If you are an online subscriber, you can access the full text of the decisions or articles cited where available.

Cases which have subsequently cited a case are listed, mention is made regarding refusal of Special Leave to Appeal in the High Court, cases cited in a judgment are listed together with legislation judicially considered and words and phrases judicially considered.

This may be viewed throughout a individual judgments. JADE also has a separate Citator that allows you to search at paragraph or section level. You type in the name of a case or piece of legislation and JADE Citator Search will reveal how a particular passage has been used in judicial reasoning. The legislative powers of the Commonwealth, States and Territories are set out in the Constitution. In s 51 of the Constitution, the Commonwealth Parliament is invested with power to make laws with regard to tax; immigration; international and inter State trade; foreign affairs; defence; insurance; marriage and divorce; currency and weights and measures; post and telecommunications; and invalid and old age pensions.

Exclusive powers to legislate reside with the Commonwealth as set out in ss 52 and 90 of the Constitution. The Australian States and Territories retain legislative powers in areas not listed under the above sections such as local government, roads, hospitals and schools. The legislative powers of the Houses in the Commonwealth Parliament, the Senate and the House of Representatives, are set out in s 53 of the Constitution, which states, "Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate".

S 53 also states that the Senate may not amend certain money bills or bills imposing taxation. The Senate cannot amend bills "so as to increase any proposed charge or burden on the people", it may only send back bills to the House requesting for an amendment to be made. Generally, a bill may be initiated in either House of the Parliament although in practice most bills originate in the lower House especially all financial bills.

The bill drafted by the Office of Parliamentary Counsel is introduced in the originating House by the initiating Member. Examination of the bill then proceeds through Parliament in three stages. When both Houses have passed the bill, it is presented to the Governor-General for assent at which point it becomes known as an Act of Parliament, and the previous clauses of the bill are known as sections of the Act. Commencement Date: It is important to note that an Act may not become operative on assent, or enactment, as a particular date for commencement may be specified in the Act.

If no commencement date is specified in an Act, it comes into effect on the 28th day after it receives assent. Delegated Legislation: Another form of legislation the generic term for Acts also known as statutes is delegated legislation also known as subordinate legislation. Delegated legislation is made by bodies to which Parliament has delegated some of its legislative powers. The power to make such legislation is prescribed in the principal or enabling Act.

Delegated legislation is known by a number of names including, rules, regulations, ordinances and by-laws of local government. While Commonwealth legislation is available on the Register of Legislation, I would suggest that a relatively inexpensive fee-based system LawLex be used to search for legislation.

Apart from handling risk and compliance management services LawLex also provides access to Commonwealth and State legislation. The legislation to which it links comes from the ComLaw database. The main reason for using LawLex is that it acts as a very quick, simple and clean interface for locating legislation as opposed to trying to find your way around the ComLaw database.

It also has the two added benefits: first it links to full text extrinsic material such as Second Reading speeches in Hansard and Explanatory Memoranda. Secondly, LawLex allows you to sign up to receive email alerts advising of amendments to, and commencement dates of, legislation. This service provides weekly consolidations minimum and daily Bill reports including links to the Text of Bills, Explanatory Memoranda and Second Reading Speeches.

Historical versions are also provided for all Acts and Subordinate Legislation dating back a minimum of 5 years. A source of valuable historical material for Queensland may be found on OzCase , which contains digitised copies of 12 historical New South Wales Lands Acts with application to Queensland, going back to These can be found in the Queensland Historical Legal Collection under the heading of "Applicable land legislation — In Australia s 15AB 2 of the Acts Interpretation Act sets out the various extrinsic aids which may assist with the legislative history of an Act some of which are:.

Where do you obtain these materials? Depending on the date, some may be available online for free. Debate on the bill is located in Hansard, which is available free online from onwards, in full text, from the Australian Parliament website for both Houses. The HTML version is available on the Parlinfo Search site, which can be accessed directly from the front page of the Parliamentary site — it is a small button at the bottom of that page — which, if you click on, takes you to the front page of that site.

The main 'aph' parliamentary databases website was developed in , after which Parlinfo was implemented as an interface to search the parliamentary databases through the web.

To find the Second Reading Speech of a Bill in the print version of Parliamentary Debates, if not available online, you need to know the year in which the Bill was introduced to Parliament. Then simply go to the Index and look under 'Bills' for your title. There is also material online which may assist in tracking old and current bills. A listing of bills for onwards is available from the 'Browse' section of ParlInfo Search.

The final full text version, of bills no longer before Parliament from of old Bills are available for free from the 'Browse' section of ParlInfo Search. Previous versions if there were any of the bill are not available from this site. The transcripts of Parliamentary Committee Reports which have considered bills, may be found online from onwards from the Browse' section of ParlInfo Search.

A listing of Reports of Royal Commissions from onwards, some in full text, may be found on the Parliamentary website. The full text of reports and other publications are to be found on the Australian Law Reform Committee website together with links to State Law Reform Commissions. You will then need to find a library, which holds a copy of the Report. The 'older' material is available mainly in print only. Some larger Universities keep this material, however, Parliamentary libraries, Federal and State should hold complete sets of bills, EM and Second Reading Speeches for the specific jurisdiction -they should also have copies of relevant Committee Reports.

To locate holdings in Australian libraries, see the National Library of Australia - Trove - an online search service, which enables you to search across the combined catalogues of Australian libraries - national, state, public, university, TAFE and government - with one search. Here you will find detailed information about the Australian treaty-making process, national interest analyses that gives reasons why Australia should become a party to a treaty, the text of multilateral and bilateral treaties, ratification, etc.

A detailed article is available online with the title "Trick or Treaty? Commonwealth Power to Make and Implement Treaties". Australian Legal Historical Documents. The Museum of Australian Democracy has a collection of sets of documents which tell the story of Australia's democracy. The period covered is to — from Federation and the creation of the Commonwealth on 1 January to shortly after the Second World War in The opinions include significant advices signed by the Attorneys-General in this period, beginning with Alfred Deakin , the Commonwealth's first Attorney-General from —03 and second Prime Minister , and ending with Herbert Evatt , Attorney-General from — Apart from their legal value and significance, they throw light on the development of the Australian nation over this period.

A 'one stop' shop for some major Australian government material may be found here. Importantly, it has links to Government department homepages and also to Statistics available online from the Australian Bureau of Statistics , the Australian Institute of Criminology and many other Australian Government departments and agencies which publish statistical reports in their areas of expertise.

The following is a list of highly regarded textbooks on Australian law compiled by lawyers attending a conference to commemorate the 80th publication year of the Australian Law Journal. The list was to be expanded and then finalised with an announcement of the top ten later in , however, this is yet to be completed:. A brief overview of the origins of the journal ranking, including a breakdown of certain specialist law journal rankings may be viewed online: Specialist Law Journal Ranking, Part Three: Specialist Law Journal Ranking.

A free listing of journals and, where available, the full text of their articles may be found on the AustLII site together with Law Journals and Legal Scholarship associated with the Colonial Period. Currently there are 25 periodicals available on the site and additional titles are being added to the site progressively.

Informit offers both a full text service and a separate abstract service. In August version 1. The National Library Trove provides access to over Newly digitised articles are added daily.

Criminal law in Queensland and Western Australia: Cases and commentary

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. A law graduate is required to have a broad knowledge of, and skills in, criminal law for admission into practice in accordance with the Law Admissions Consultative Committee Uniform Admission Rules Priestly 11 and the Law Learning and Teaching Council Learning and Teaching Academic Standards Project: Juris Doctor learning and teaching academic standards statement December This course seeks to comply with these standards and is a core course within the Law degree program. This course deals with general aims and doctrines of the criminal law, including an examination of criminal responsibility concerning a select range of offences against the person and against property, and various excuses and defences, under the Criminal Code Qld. The course also focuses on selected aspects of criminal procedure. Please contact us for alternative purchase options from USQ Bookshop. Home Contact us Staff directory.

Begin exam preparation or revision with this essential tool for success! LexisNexis Study Guide - Criminal Law in Queensland and Western Australia by Thomas Crofts is designed to assist students in learning the foundations for effective, systematic exam preparation and revision. Subscribers receive the product s listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price. Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at for additional information.

What are the el Author: Richard Richards. Download PDF. Recommend Documents. Truancy and the law in Australia: the Queensland Example. Australia: Western Australia and Northern Territory. Consent and the Criminal Law.


In , the Northern Territory followed the example set by the Australian Capital Territory and began the process of transitioning to the Model Criminal. Code as.


Criminal law guidebook Queensland and Western Austalia

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LAW5121 Advanced Criminal Law

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