Legal research

Legislation

Legislation is laws made by Parliament and comprises:

  • Acts (also called statutes) which may be amended later by Amending Acts or Amendments.
  • Subordinate or delegated legislation (including regulations, rules, by-laws, ordinances, orders and legislative instruments) drafted by authorised bodies such as government departments, local councils, universities etc

Finding Australian legislation

The Federal Register of Legislation

(Previously known as ComLaw)
The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. It is managed by the Office of Parliamentary Counsel. It contains the full text and details of the lifecycle of individual laws and the relationships between them.


LawNow Australian Legislation

LawNow is a database of Australian legislation and legislative histories. From the legislation you can link to the official government websites and find relevant cases in Lexis+ CaseBase.


Jade

Judgments And Decisions Enhanced. A free resource which keeps you up to date with the latest decisions of Australian and International Courts and Tribunals. Jade provides a sophisticated citator and allows you to see how specific paragraphs of a case have been subsequently considered. Australian legislation is also included.

Jade offers a paid subscription service to Jade Professional which provides you with advanced legal research tools such as visualisations of case law and legislation, email alerts, document checking to confirm and analyse your citations, and the ability to share and collaborate online. Curtin law students are eligible for a free subscription to Jade Professional. Using your Curtin email account simply email help@jade.io to request this. If you have any problems please email the Faculty Librarian, Law on LibraryResearchSupport@curtin.edu.au.


AustLII

Open access database of Australian Commonwealth and State legal information. Content includes full text legislation, case law, journal articles and other legal materials.


LawLex (SAI Global)

Although not a database which Curtin Library subscribes to, there is a free component. Click on ‘Search Legislation’ to search by keywords and by jurisdiction. Links to Bills, Explanatory Memorandum, Hansard 2nd reading speeches and historical versions are provided where available.


Legify

Search on terms within legislation titles to find Australian legislation from authoritative Commonwealth, state and territory sources.

Parliamentary Counsel’s Office

The Parliamentary Counsel’s Office is the official publisher of Western Australian legislation and statutory information.


LawNow Australian Legislation

LawNow is a database of Australian legislation and legislative histories. From the legislation you can link to the official government websites and find relevant cases in Lexis+ CaseBase.


Jade

Judgments And Decisions Enhanced. A free resource which keeps you up to date with the latest decisions of Australian and International Courts and Tribunals. Jade provides a sophisticated citator and allows you to see how specific paragraphs of a case have been subsequently considered. Australian legislation is also included.

Jade offers a paid subscription service to Jade Professional which provides you with advanced legal research tools such as visualisations of case law and legislation, email alerts, document checking to confirm and analyse your citations, and the ability to share and collaborate online. Curtin law students are eligible for a free subscription to Jade Professional. Using your Curtin email account simply email help@jade.io to request this. If you have any problems please email the Faculty Librarian, Law on LibraryResearchSupport@curtin.edu.au.


AustLII

Open access database of Australian Commonwealth and State legal information. Content includes full text legislation, case law, journal articles and other legal materials.


Legify

Search on terms within legislation titles to find Australian legislation from authoritative Commonwealth, state and territory sources.

Link to these government websites to find their legislation, Bills and Subordinate Legislation

Finding legislation on a topic

To identify relevant legislation on a topic, start with secondary sources.

See the Secondary sources tab for more on finding information on a topic in:

  • Textbooks and course materials
  • Legal dictionaries and encyclopaedias
  • Books and e-books
  • Commentaries
  • Journal articles

Legislation Research

To understand Australian law, you must know how to find and interpret current and point-in-time legislation passed by either Commonwealth or State Parliaments .

Legislation is laws made by Parliament and comprise:

  • Acts (also called statutes) which may be amended later by Amending Acts or Amendments.
  • Subordinate or delegated legislation (including regulations, rules, by-laws, ordinances, orders and legislative instruments) drafted by authorised bodies such as government departments, local councils, universities etc.

Before legislation is enacted, a Bill or proposed Act is introduced to Parliament and must be debated and passed by both houses of Parliament before being assented to by the Governor (Australian states) or Governor-General (Commonwealth). It will then come into force on a particular date. An explanatory memorandum accompanies a Bill and explains the effects.

Hansard or parliamentary debates are the records of the debates in each house of Parliament of either the Commonwealth or state governments.

Bills, Hansard, explanatory memoranda and second reading speeches are categorised as extrinsic material (as opposed to primary and secondary sources of information).

In general, there are different types of Acts:

Principal Act - the original Act passed by Government. Also called a Numbered Act or Sessional Act

Amending Acts or amendments - these Acts make changes to the Principal Act and should be read together with the Principal Act

Reprinted Acts or reprints - incorporate in the Principal Act all the changes made by Amending Acts. Online, these are called consolidations or compilations

Acts in force - acts that have become part of law and deemed operational

Ceased Acts - legislation that is no longer in force , having been repealed, expired, revoked or superseded

Extrinsic materials help you to understand, define or interpret the intent of legislation. For example:

  • An explanatory memorandum relating to the Bill
  • Second reading speeches
  • Records of parliamentary debates (Hansard) and Votes and Proceedings
  • Treaties and international agreements
  • Parliamentary committee reports
  • Reports of Law Reform Commissions and Royal Commissions

Finding bills and parliamentary debates

Changes to the law are always being proposed and debated. In general a Bill, its Explanatory Memorandum, parliamentary debates (Hansard) and Second Reading Speeches are to be found through parliamentary websites.

For example:

Bills before Parliament   

Find current Bills of the Commonwealth. Their Explanatory Memorandum will be found with the Bill.

Assented bills of previous parliaments   

Search for assented bills previously before parliament.

Bills of the Parliament of Western Australia   

Find current or all Bills (since 1997) with their Explanatory Memoranda, Second Reading Speeches, assent and commencement dates and previous versions.

Parliamentary debates (Hansard) - Western Australia   

Search on the title of the Bill or keywords to find the debates associated with it. Hansard is available online on this site from 1870 onwards.

Parliamentary debates of the House of Representatives (House Hansard)

Parliamentary debates of the Senate (Senate Hansard)

Government Gazette

Commonwealth Government Gazette (notices)

Provides links to publications and other resources, including other Australian government websites. The website includes a number of features that assist searchers with finding Australian Government publications, including:

  • A Search for a Publication which searches content found on Australian Government websites and in the National Library of Australia catalog of Australian Government publications held by Australian libraries.
  • Links to Other Publication Resources that assist in finding Australian Government publications.
  • Find an Australian Government Website feature which provides links to Australian Government agency websites.

WA Government Gazette

Provides access to PDFs of each gazette and access to individual notices.

Prior to 1/Jan/2002 the index to the gazette links straight to the PDF of the gazette. From 1/Jan/2002 several indexes to the gazette (such as location and enabling act) are provided and these link to the relevant notices.
PDFs of new gazettes are added into the database as soon as practical after publication of the paper printed gazette.