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.