104-580: The Australian Law Reform Commission (often abbreviated to ALRC ) is an Australian independent statutory body established to conduct reviews into the law of Australia . The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia . Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform . The ALRC
208-479: A Mediterranean climate . The south-east ranges from oceanic (Tasmania and coastal Victoria) to humid subtropical (upper half of New South Wales), with the highlands featuring alpine and subpolar oceanic climates . The interior is arid to semi-arid . Driven by climate change , average temperatures have risen more than 1°C since 1960 . Associated changes in rainfall patterns and climate extremes exacerbate existing issues such as drought and bushfires . 2019
312-511: A belt of Brigalow grasslands lie between the coast and the mountains, while inland of the dividing range are large areas of grassland and shrubland. These include the western plains of New South Wales, and the Mitchell Grass Downs and Mulga Lands of inland Queensland. The northernmost point of the mainland is the tropical Cape York Peninsula . The landscapes of the Top End and
416-793: A large wave of immigration from across Europe , with such immigrants referred to as " New Australians ". This required a relaxation of the white Australia policy , which was justified to Australians using the slogan "populate or perish". A member of the Western Bloc during the Cold War , Australia participated in the Korean War and the Malayan Emergency during the 1950s and the Vietnam War from 1962 to 1972. During this time, tensions over communist influence in society led to unsuccessful attempts by
520-461: A date which later became Australia's national day . Most early settlers were convicts , transported for petty crimes and assigned as labourers or servants to "free settlers" (willing immigrants). Once emancipated , convicts tended to integrate into colonial society. Convict rebellions and uprisings were suppressed under martial law, which lasted for two years following the 1808 Rum Rebellion , Australia's only successful coup d'état . During
624-548: A federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power . Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by
728-582: A process of increasing autonomy from the United Kingdom, highlighted by the Statute of Westminster Adoption Act 1942 , and culminating in the Australia Acts of 1986. Australia is a federal parliamentary democracy and constitutional monarchy comprising six states and ten territories . Its population of more than 28 million is highly urbanised and heavily concentrated on the eastern seaboard. Canberra
832-568: A settlement was established in Van Diemen's Land (present-day Tasmania ), and in 1813, Gregory Blaxland , William Lawson and William Wentworth crossed the Blue Mountains west of Sydney, opening the interior to European settlement. The British claim extended to the whole Australian continent in 1827 when Major Edmund Lockyer established a settlement on King George Sound (modern-day Albany ). The Swan River Colony (present-day Perth )
936-548: A short distance off the north-east coast and extends for more than 2,000 km (1,200 mi). Mount Augustus , claimed to be the world's largest monolith, is located in Western Australia. At 2,228 m (7,310 ft), Mount Kosciuszko is the highest mountain on the Australian mainland. Even taller are Mawson Peak , at 2,745 m (9,006 ft), on the remote Australian external territory of Heard Island , and, in
1040-484: A wide variety of landscapes and climates including deserts in the interior and tropical rainforests along the coast . The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the last glacial period . By the time of British settlement, Aboriginal Australians spoke 250 distinct languages and had the oldest living culture in the world. Australia's written history commenced with Dutch exploration of most of
1144-411: A wide variety of landscapes, with tropical rainforests in the north-east, mountain ranges in the south-east, south-west and east, and desert in the centre. The desert or semi-arid land commonly known as the outback makes up by far the largest portion of land. Australia is the driest inhabited continent; its annual rainfall averaged over continental area is less than 500 mm. The population density
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#17328456410831248-436: Is 3.4 inhabitants per square kilometre, although the large majority of the population lives along the temperate south-eastern coastline. The population density exceeds 19,500 inhabitants per square kilometre in central Melbourne. In 2021 Australia had 10% of the global permanent meadows and pastureland. Forest cover is around 17% of Australia's total land area. The Great Barrier Reef , the world's largest coral reef, lies
1352-413: Is a constitutional monarchy , a parliamentary democracy and a federation . The country has maintained its mostly unchanged constitution alongside a stable liberal democratic political system since Federation in 1901. It is one of the world's oldest federations, in which power is divided between the federal and state governments. The Australian system of government combines elements derived from
1456-521: Is a valid interpretive aid to an act which attempts to give effect to that treaty. By reliance on the external affairs power , matters subject of a treaty may be legislated upon by the Commonwealth Parliament; even in the absence of the matter among other the heads of power. Australia Australia , officially the Commonwealth of Australia , is a country comprising the mainland of
1560-500: Is done in respect of minor statute laws such as road rules. Most statutes are applied by administrative decision makers rather than judges. When laws are brought before a court, judges are not bound to select an interpretation proffered by one of the parties and instead their role is to seek an objective interpretation of the law. The jurisprudence of statutory interpretation is not settled in Australia. Interpretive doctrines such as
1664-517: Is now Southeast Asia. It is uncertain how many waves of immigration may have contributed to these ancestors of modern Aboriginal Australians. The Madjedbebe rock shelter in Arnhem Land is possibly the oldest site showing the presence of humans in Australia. The oldest human remains found are the Lake Mungo remains , which have been dated to around 41,000 years ago. Aboriginal Australian culture
1768-609: Is one of only two pristine Archaean 3.6–2.7 Ga (billion years ago) crusts identified on the Earth. Having been part of all major supercontinents , the Australian continent began to form after the breakup of Gondwana in the Permian , with the separation of the continental landmass from the African continent and Indian subcontinent. It separated from Antarctica over a prolonged period beginning in
1872-460: Is one of the oldest continuous cultures on Earth. At the time of first European contact, Aboriginal Australians belonged to wide range of societies, with diverse economies spread across at least 250 different language groups . Estimates of the Aboriginal population before British settlement range from 300,000 to 3 million. Aboriginal Australians cultures were (and remain) deeply connected with
1976-696: Is part of the Attorney-General's portfolio; however it is an independent statutory authority constituted under the Australian Law Reform Commission Act 1996 (Cth), and the Public Governance, Performance and Accountability Act 2013 (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. The ALRC's objective
2080-446: Is the nation's capital, while its most populous cities are Sydney and Melbourne , both with a population of more than 5 million. Australia's culture is diverse, and the country has one of the highest foreign-born populations in the world . It has a highly developed market economy and one of the highest per capita incomes globally . Its abundant natural resources and well-developed international trade relations are crucial to
2184-490: Is to make recommendations for law reform that: When conducting an inquiry, the ALRC also monitors foreign legal systems to ensure Australia compares favourably with international best practice. The ALRC aims to ensure that the proposals and recommendations it makes do not trespass unduly on personal rights and liberties of citizens, or make those rights and liberties unduly dependent on administrative, rather than judicial, decisions and, as far as practicable, are consistent with
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#17328456410832288-411: Is unique. About 85% of flowering plants, 84% of mammals, more than 45% of birds , and 89% of in-shore, temperate-zone fish are endemic . Australia has at least 755 species of reptile, more than any other country in the world. Besides Antarctica, Australia is the only continent that developed without feline species. Feral cats may have been introduced in the 17th century by Dutch shipwrecks, and later in
2392-474: The Australian continent , the island of Tasmania and numerous smaller islands . Australia has a total area of 7,688,287 km (2,968,464 sq mi), making it the sixth-largest country in the world and the largest country by area in Oceania . It is the world's oldest, flattest, and driest inhabited continent, with some of the least fertile soils. It is a megadiverse country , and its size gives it
2496-731: The Colonial Office that it be formally adopted. In 1824, the Admiralty agreed that the continent should be known officially by that name. The first official published use of the new name came with the publication in 1830 of The Australia Directory by the Hydrographic Office . Colloquial names for Australia include " Oz ", " Straya " and " Down Under ". Other epithets include "the Great Southern Land", "the Lucky Country" (from
2600-579: The Gulf Country —with their tropical climate—include forest, woodland, wetland, grassland, rainforest and desert. At the north-west corner of the continent are the sandstone cliffs and gorges of The Kimberley , and below that the Pilbara . The Victoria Plains tropical savanna lies south of the Kimberley and Arnhem Land savannas, forming a transition between the coastal savannas and the interior deserts. At
2704-542: The Indian Ocean Dipole and the El Niño–Southern Oscillation , which is correlated with periodic drought , and the seasonal tropical low-pressure system that produces cyclones in northern Australia. These factors cause rainfall to vary markedly from year to year. Much of the northern part of the country has a tropical, predominantly summer-rainfall ( monsoon ). The south-west corner of the country has
2808-607: The International Covenant on Civil and Political Rights . The ALRC must also have regard to any effect that its recommendations may have on the costs of access to, and dispensing of, justice. The ALRC is the primary law reform agency for the Australian government . It has its origins in the Law Reform Commission, which was established in 1975 under the Law Reform Commission Act 1973 . This legislation
2912-529: The Iraq War from 2003 to 2009. The nation's trade relations also became increasingly oriented towards East Asia in the 21st century, with China becoming the nation's largest trading partner by a large margin. In 2020, during the COVID-19 pandemic , several of Australia's largest cities were locked down for extended periods and free movement across the national and state borders was restricted in an attempt to slow
3016-638: The Menzies Government to ban the Communist Party of Australia , and a bitter split in the Labor Party in 1955. As a result of a 1967 referendum , the federal government gained the power to legislate with regard to Indigenous Australians, and Indigenous Australians were fully included in the census . Pre-colonial land interests (referred to as native title in Australia) was recognised in law for
3120-701: The Pacific Community ; the Commonwealth of Nations ; and the defence and security organisations ANZUS , AUKUS , and the Five Eyes . It is also a major non-NATO ally of the United States. The name Australia (pronounced / ə ˈ s t r eɪ l i ə / in Australian English ) is derived from the Latin Terra Australis ( ' southern land ' ), a name used for a hypothetical continent in
3224-520: The Permian and continuing through to the Cretaceous . When the last glacial period ended in about 10,000 BC, rising sea levels formed Bass Strait , separating Tasmania from the mainland. Then between about 8,000 and 6,500 BC, the lowlands in the north were flooded by the sea, separating New Guinea, the Aru Islands , and the mainland of Australia. The Australian continent is moving toward Eurasia at
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3328-663: The Territory of Papua and New Guinea in 1949 and gained independence from Australia in 1975. In 1914, Australia joined the Allies in fighting the First World War, and took part in many of the major battles fought on the Western Front . Of about 416,000 who served, about 60,000 were killed and another 152,000 were wounded. Many Australians regard the defeat of the Australian and New Zealand Army Corps (ANZAC) at Gallipoli in 1915 as
3432-514: The Torres Strait Islands . The Dutch charted the whole of the western and northern coastlines and named the island continent " New Holland " during the 17th century, and although no attempt at settlement was made, a number of shipwrecks left men either stranded or, as in the case of the Batavia in 1629, marooned for mutiny and murder, thus becoming the first Europeans to permanently inhabit
3536-477: The United Kingdom Parliament extending to the colonies could override contrary colonial legislation and would apply by "paramount force". New doctrines of English common law continued to be treated as representing the common law of Australia. For example, the doctrine of the famous case of Donoghue v Stevenson from which the modern negligence law derived, was treated as being latent already within
3640-621: The bombing of Darwin and other Japanese attacks on Australian soil , led to a widespread belief in Australia that a Japanese invasion was imminent , and a shift from the United Kingdom to the United States as Australia's principal ally and security partner. Since 1951, Australia has been allied with the United States under the ANZUS treaty. In the decades following World War II, Australia enjoyed significant increases in living standards, leisure time and suburban development. Governments encouraged
3744-426: The emu and the kookaburra . Australia is home to many dangerous animals including some of the most venomous snakes in the world. The dingo was introduced by Austronesian people who traded with Indigenous Australians around 3000 BCE . Many animal and plant species became extinct soon after first human settlement, including the Australian megafauna ; others have disappeared since European settlement, among them
3848-584: The governor-general at the federal level and by the governors at the state level, who by section 63 of the Constitution and convention act on the advice of their ministers. Thus, in practice the governor-general acts as a legal figurehead for the actions of the prime minister and the Cabinet. The governor-general may in some situations exercise reserve powers : powers exercisable in the absence or contrary to ministerial advice. When these powers may be exercised
3952-711: The literal rule , the golden rule , and the mischief rule ; must comply with the Commonwealth's mandate in the Acts Interpretation Act that statutes be interpreted according to their purpose. The legitimate role of extrinsic materials is not settled law in Australia. Australia's common law system originated in the system of common law in the UK. Although similarities remain, and the influence of UK common law decisions remain influential on Australian courts, there exists substantial divergence between each system. Until 1963,
4056-643: The "baptism of fire" that forged the new nation's identity . The beginning of the campaign is commemorated annually on Anzac Day , a date which rivals Australia Day as the nation's most important. From 1939 to 1945, Australia joined the Allies in fighting the Second World War. Australia's armed forces fought in the Pacific , European and Mediterranean and Middle East theatres . The shock of Britain's defeat in Singapore in 1942, followed soon after by
4160-575: The "island continent" and is sometimes considered the world's largest island . Australia has 34,218 km (21,262 mi) of coastline (excluding all offshore islands), and claims an extensive exclusive economic zone of 8,148,250 square kilometres (3,146,060 sq mi). This exclusive economic zone does not include the Australian Antarctic Territory . Mainland Australia lies between latitudes 9° and 44° south , and longitudes 112° and 154° east . Australia's size gives it
4264-428: The 18th century by European settlers. They are now considered a major factor in the decline and extinction of many vulnerable and endangered native species. Seafaring immigrants from Asia are believed to have brought the dingo to Australia sometime after the end of the last ice age—perhaps 4000 years ago—and Aboriginal people helped disperse them across the continent as pets, contributing to the demise of thylacines on
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4368-524: The 1964 book of the same name ), "the Sunburnt Country", and "the Wide Brown Land". The latter two both derive from Dorothea Mackellar 's 1908 poem " My Country ". Indigenous Australians comprise two broad groups: Human habitation of the Australian continent is estimated to have begun 50,000 to 65,000 years ago, with the migration of people by land bridges and short sea crossings from what
4472-529: The 2018 Environmental Performance Index . There are more than 1,800 animals and plants on Australia's threatened species list, including more than 500 animals. Paleontologists discovered a fossil site of a prehistoric rainforest in McGraths Flat , in South Australia, that presents evidence that this now arid desert and dry shrubland / grassland was once home to an abundance of life. Australia
4576-469: The ALRC usually works within a particular framework when it develops recommendations for reform. An Inquiry begins with Terms of Reference delivered by the Australian Attorney-General identifying an area of law that needs to be reviewed for various reasons including: An Issues Paper is usually the first official publication of an inquiry. It provides a preliminary look at issues surrounding
4680-635: The Australian Antarctic Territory, Mount McClintock and Mount Menzies , at 3,492 m (11,457 ft) and 3,355 m (11,007 ft) respectively. Eastern Australia is marked by the Great Dividing Range , which runs parallel to the coast of Queensland, New South Wales and much of Victoria. The name is not strictly accurate, because parts of the range consist of low hills, and the highlands are typically no more than 1,600 m (5,200 ft) in height. The coastal uplands and
4784-545: The Australian mainland. The first ship and crew to chart the Australian coast and meet with Aboriginal people was the Duyfken , captained by Dutch navigator Willem Janszoon . He sighted the coast of Cape York Peninsula in early 1606, and made landfall on 26 February 1606 at the Pennefather River near the modern town of Weipa on Cape York. Later that year, Spanish explorer Luís Vaz de Torres sailed through and navigated
4888-533: The Commission to perform its functions. Full-time members are to be appointed by the Governor‑General and part-time members are to be appointed by the Attorney-General. A member holds office for the term (of at least 6 months but not longer than 5 years) specified in his or her appointment, but is eligible for re‑appointment. The process for each law reform project may differ according to the scope of inquiry, and
4992-450: The Commonwealth. The High Court is Australia's apex court . It has the final say on the judicial determination of all legal matters. It hears appeals from all other courts in the country, and is vested with original jurisdiction . Prior to colonisation , the only systems of law to exist in Australia were the varied systems of customary law belonging to Indigenous Australians . Indigenous systems of law were deliberately ignored by
5096-552: The Commonwealth. It also provided for the complete abolition of appeals to the Privy Council from any Australian court. The Australia Act represented an important symbolic break with Britain, emphasised by Queen Elizabeth II 's visit to Australia to sign the legislation in her legally distinct capacity as the Queen of Australia. Legislative independence has been paralleled by a growing divergence between Australian and English common law in
5200-443: The Constitution of Australia . The process of creating a statute involves a Bill being drafted, usually by Parliamentary Counsel . The Bill is read, debated and sometimes amended in both houses of parliament before being approved. Once a bill has been passed it must be assented to by the representative of the sovereign . Legislation may also be delegated to local councils, statutory authorities or government departments. Usually, this
5304-482: The Constitution. These powers include a power to legislate on matters "incidental" to the other powers. The Parliament of the Commonwealth can also legislate on matters referred to it by the Parliament of one or more States. In contrast, with a few exceptions the State legislatures generally have plenary power to enact laws on any subject. However, federal laws prevail in the event of collision, according to Section 109 of
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#17328456410835408-586: The High Court regarded decisions of the House of Lords binding, and there was substantial uniformity between Australian and English common law. In 1978, the High Court declared that it was no longer bound by decisions of the Judicial Committee of the Privy Council . The High Court has declared that Australia's system of common law is uniform across all states: this may be contrasted with other jurisdictions, like
5512-696: The Southern Hemisphere since ancient times. Several 16th-century cartographers used the word Australia on maps, but not to identify modern Australia. When Europeans began visiting and mapping Australia in the 17th century, the name Terra Australis was applied to the new territories. Until the early 19th century, Australia was best known as New Holland , a name first applied by the Dutch explorer Abel Tasman in 1644 (as Nieuw-Holland ) and subsequently anglicised. Terra Australis still saw occasional usage, such as in scientific texts. The name Australia
5616-400: The United States, that have maintained distinct systems of common law within each state. Australia has entered into many treaties. Treaties are not automatically incorporated into Australian domestic law upon signature or ratification (aside from those terminating a state of war). The role of treaties in influencing the development of the common law is controversial. The text within a treaty
5720-577: The amendments to the ALRC Act in 2012, the Commission consists of a President and up to 6 other members. The performance of the Commission’s functions, and the exercise of its powers, are not affected merely because of 1 or more vacancies in its membership. The Attorney‑General may, from time to time, appoint such other part‑time members of the Commission as the Attorney‑General considers necessary to enable
5824-610: The centre and Phanerozoic sedimentary basins , metamorphic and igneous rocks in the east. The Australian mainland and Tasmania are situated in the middle of the tectonic plate and have no active volcanoes, but due to passing over the East Australia hotspot , recent volcanism has occurred during the Holocene , in the Newer Volcanics Province of western Victoria and south-eastern South Australia. Volcanism also occurs in
5928-428: The coastline in the 17th-century. British colonisation began in 1788 with the establishment of the penal colony of New South Wales . By the mid-19th century, most of the continent had been explored by European settlers and five additional self-governing British colonies were established, each gaining responsible government by 1890. The colonies federated in 1901, forming the Commonwealth of Australia. This continued
6032-412: The colonial era. Those documents, however, are amenable to state legislation, and thus do not bind on the respective state parliaments in the same way that the Commonwealth and the States are bound by Australia's written constitution as supreme law. (see also: Marbury v. Madison ) The legislative powers of the federal Parliament are limited to those set out under an enumerated list of subject matters in
6136-421: The colonial legal system, and in the post-colonial era have only been recognised as legally important by Australian courts to a limited degree. Indigenous Australian customary law varied between language groups, clans, and regions. It developed over time from accepted norms within indigenous societies. The laws regulated human behaviour and relationships, mandated sanctions for misdeeds, and connected people with
6240-420: The colonies was achieved after a decade of planning, constitutional conventions and referendums , resulting in the establishment of the Commonwealth of Australia as a nation under the new Australian Constitution . After the 1907 Imperial Conference , Australia and several other self-governing British settler colonies were given the status of self-governing dominions within the British Empire. Australia
6344-406: The common law at the time of reception. Following a number of constitutional conventions during the 1890s to develop a federal nation from the several colonies, the Commonwealth of Australia Constitution Act (Imp) was passed and came into force on 1 January 1901. Section 9 of this act contains Australia's constitution, to this day within a British act. Following federation, Britain's role in
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#17328456410836448-475: The continent. In 1770, Captain James Cook sailed along and mapped the east coast, which he named " New South Wales " and claimed for Great Britain. Following the loss of its American colonies in 1783, the British Government sent a fleet of ships, the First Fleet , under the command of Captain Arthur Phillip , to establish a new penal colony in New South Wales . A camp was set up and the Union Flag raised at Sydney Cove , Port Jackson , on 26 January 1788,
6552-478: The convict system culminated in its abolition in the eastern colonies by the 1850s. Initially a free colony, Western Australia practised penal transportation from 1850 to 1868. The six colonies individually gained responsible government between 1855 and 1890, thus becoming elective democracies managing most of their own affairs while remaining part of the British Empire . The Colonial Office in London retained control of some matters, notably foreign affairs. In
6656-425: The country's economy. It ranks highly for quality of life, health, education, economic freedom, civil liberties and political rights. Australia is a middle power , and has the world's thirteenth-highest military expenditure . It is a member of international groups including the United Nations; the G20 ; the OECD ; the World Trade Organization ; Asia-Pacific Economic Cooperation ; the Pacific Islands Forum ;
6760-407: The document's text, Australian constitutional law is affected by the structure of the document. The division of the three branches of government into chapters is understood to establish a Separation of Powers doctrine in Australia. It is also known that a number of unwritten constitutional conventions are present within the document. E.g. the constitutional doctrines of responsible government , and
6864-459: The early 2010s after the 2000s Australian drought . Although most of Australia is semi-arid or desert, the continent includes a diverse range of habitats from alpine heaths to tropical rainforests . Fungi typify that diversity—an estimated 250,000 species—of which only 5% have been described—occur in Australia. Because of the continent's great age, extremely variable weather patterns, and long-term geographic isolation, much of Australia's biota
6968-534: The establishment of rights. The stipulations of Section 7 and 24 that the members of the respective Commonwealth legislatures be 'directly chosen by the people'; have been interpreted by the High Court as giving rise to doctrines protecting freedom of political communication, and a right to vote. The constitution may only be amended by a national referendum, a provision inspired by the Swiss Canton system. The respective state governments of Australia also have constitutional documents, many of which have carried over from
7072-601: The first time when the High Court of Australia held in Mabo v Queensland (No 2) that Australia was neither terra nullius ( ' land belonging to no one ' ) or "desert and uncultivated land" at the time of European settlement. Following the abolition of the last vestiges of the White Australia policy in 1973, Australia's demography and culture transformed as a result of a large and ongoing wave of non-European immigration, mostly from Asia. The late 20th century also saw an increasing focus on foreign policy ties with other Pacific Rim nations. The Australia Acts severed
7176-432: The government of Australia became increasingly nominal in the 20th century. However, there was little momentum for Australia to obtain legislative independence. The Australian States did not participate in the conferences leading up to the Statute of Westminster 1931, which provided that no British Act should be deemed to extend to the dominions without the consent of the dominion. The Australian Government did not invoke
7280-412: The heart of the country are the uplands of central Australia . Prominent features of the centre and south include Uluru (also known as Ayers Rock), the famous sandstone monolith, and the inland Simpson , Tirari and Sturt Stony , Gibson , Great Sandy, Tanami , and Great Victoria deserts, with the famous Nullarbor Plain on the southern coast. The Western Australian mulga shrublands lie between
7384-408: The inquiry. It serves to educate the community about the range of the problems under consideration. Discussion Papers provide a detailed account of ALRC research, including a summary of the various consultations and submissions undertaken and received, and set out draft proposals for reform. The ALRC makes a formal call for submissions whenever it releases an Issues Paper or Discussion Paper. Through
7488-470: The interior deserts and Mediterranean-climate Southwest Australia . Lying on the Indo-Australian Plate , the mainland of Australia is the lowest and most primordial landmass on Earth with a relatively stable geological history. The landmass includes virtually all known rock types and from all geological time periods spanning more than 3.8 billion years of the Earth's history. The Pilbara Craton
7592-417: The island of New Guinea (considered geologically as part of the Australian continent), and in the Australian external territory of Heard Island and McDonald Islands . Seismic activity in the Australian mainland and Tasmania is also low, with the greatest number of fatalities having occurred in the 1989 Newcastle earthquake . The climate of Australia is significantly influenced by ocean currents, including
7696-508: The judicially determined common law system . Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law . The country's common law is the same across the states and territories. The Australian Constitution sets out
7800-411: The land and each other through a system of relationships. Such law is often intertwined with cultural customs, stories, and practices. These customs were and are passed on intergenerationally through oral tradition , often incorporated within cultural works such as songlines , stories and dance. The laws of England had evolved over centuries, with the common law emerging following the 1200s. This law
7904-620: The land and the environment, with stories of The Dreaming maintained through oral tradition , songs , dance and paintings. Certain groups engaged in fire-stick farming , fish farming , and built semi-permanent shelters . These practices have variously been characterised as " hunter-gatherer ", " agricultural ", "natural cultivation" and "intensification". Torres Strait Islander people first settled their islands at least 2,500 years ago. Culturally and linguistically distinct from mainland Aboriginal peoples, they were seafarers and obtained their livelihood from seasonal horticulture and
8008-613: The last quarter of the 20th century. In addition, a large body of English law received in Australia has been progressively repealed in state parliaments, such as in New South Wales by the Imperial Acts Application Act 1969 . The Australian colonies were federated into 'The Commonwealth' in 1901. To achieve this, the British Parliament enacted a written constitution drawn up by the Australian colonists. The document
8112-534: The laws under review, as well as people likely to be affected by the laws in question. During the process of formulating recommendations, the ALRC has regard to any policy aims expressed in terms of Reference and the principles for reform identified for each particular inquiry, against which possible proposals are assessed. The Attorney-General is required to table the Final Report in Parliament within 15 sitting days of receiving it, after which it can be made available to
8216-494: The location for the future federal capital of Canberra . While it was being constructed, Melbourne served as the temporary capital from 1901 to 1927. The Northern Territory was transferred from the control of South Australia to the Commonwealth in 1911. Australia became the colonial ruler of the Territory of Papua (which had initially been annexed by Queensland in 1883) in 1902 and of the Territory of New Guinea (formerly German New Guinea ) in 1920. The two were unified as
8320-448: The mainland. Australia is also one of 17 megadiverse countries. Australian forests are mostly made up of evergreen species, particularly eucalyptus trees in the less arid regions; wattles replace them as the dominant species in drier regions and deserts. Among well-known Australian animals are the monotremes (the platypus and echidna ); a host of marsupials , including the kangaroo , koala , and wombat , and birds such as
8424-466: The mid-19th century, explorers such as Burke and Wills charted Australia's interior. A series of gold rushes beginning in the early 1850s led to an influx of new migrants from China , North America and continental Europe, as well as outbreaks of bushranging and civil unrest; the latter peaked in 1854 when Ballarat miners launched the Eureka Rebellion against gold license fees. The 1860s saw
8528-602: The next two decades, social and economic reforms, together with the establishment of a Legislative Council and Supreme Court , saw the penal colony transition to a civil society. The indigenous population declined for 150 years following European settlement, mainly due to infectious disease. British colonial authorities did not sign any treaties with Aboriginal groups . As settlement expanded, tens of thousands of Indigenous people and thousands of settlers were killed in frontier conflicts while settlers dispossessed surviving Indigenous peoples of most of their land. In 1803,
8632-428: The political systems of the United Kingdom (a fused executive , constitutional monarchy and strong party discipline ) and the United States ( federalism , a written constitution and strong bicameralism with an elected upper house), resulting in a distinct hybrid. Federal government power is partially separated between three groups: Charles III reigns as King of Australia and is represented in Australia by
8736-575: The presence of indigenous inhabitants, Australia was determined to be "settled" rather than "conquered" and as a result all English law "applicable to the new situation and condition of the infant colony" applied, as opposed to the continuation of indigenous laws. This was confirmed by the Australian Courts Act 1828 an act of the Imperial Parliament which had the effect of ensuring that all English common and statute law up to 28 July 1828
8840-572: The protection of threatened species. Numerous protected areas have been created under the National Strategy for the Conservation of Australia's Biological Diversity to protect and preserve unique ecosystems; 65 wetlands are listed under the Ramsar Convention , and 16 natural World Heritage Sites have been established. Australia was ranked 21st out of 178 countries in the world on
8944-591: The provisions of the statute until 1942. The High Court also followed the decisions of the Privy Council during the first half of the twentieth century. Complete legislative independence was finally established by the Australia Act 1986 , passed by the United Kingdom Parliament. It removed the possibility of legislation being enacted at the consent and request of a dominion, and applied to the States as well as
9048-430: The public. The Australian Government decides whether to implement the recommendations, in whole or in part. Throughout the history of the ALRC there have been a number of inquiries into its role, constitution and functions. They include: Law of Australia The legal system of Australia has multiple forms. It includes a written constitution , unwritten constitutional conventions , statutes , regulations , and
9152-475: The rate of 6 to 7 centimetres a year. The Australian mainland's continental crust , excluding the thinned margins, has an average thickness of 38 km, with a range in thickness from 24 km to 59 km. Australia's geology can be divided into several main sections, showcasing that the continent grew from west to east: the Archaean cratonic shields found mostly in the west, Proterozoic fold belts in
9256-533: The remaining constitutional ties between Australia and the United Kingdom while maintaining the monarch in her independent capacity as Queen of Australia . In a 1999 constitutional referendum , 55% of voters rejected abolishing the monarchy and becoming a republic. Following the September 11 attacks on the United States, Australia joined the United States in fighting the Afghanistan War from 2001 to 2021 and
9360-402: The requirement of the governor-general to accept the advice of the prime minister. The Australian constitution is notable for not containing a bill of rights , and express constitutional restrictions upon Commonwealth power are minimal in number and scope. Nevertheless, some restrictions upon Commonwealth power have been recognised by implications drawn constitutional sections unconcerned with
9464-419: The resources of their reefs and seas. Agriculture also developed on some islands and villages appeared by the 1300s. By the mid-18th century in northern Australia, contact, trade and cross-cultural engagement had been established between local Aboriginal groups and Makassan trepangers , visiting from present-day Indonesia. The Dutch are the first Europeans that recorded sighting and making landfall on
9568-491: The rise of blackbirding , where South Sea Islanders were coerced or abducted into indentured labour, mainly by Queensland colonists. From 1886, Australian colonial governments began removing many Aboriginal children from their families and communities, justified on the grounds of child protection and forced assimilation policies. The Second Boer War (1899–1902) marked the largest overseas deployment of Australia's colonial forces . On 1 January 1901, federation of
9672-709: The spread of the SARS-CoV-2 virus . Surrounded by the Indian and Pacific oceans, Australia is separated from Asia by the Arafura and Timor seas, with the Coral Sea lying off the Queensland coast, and the Tasman Sea lying between Australia and New Zealand. The world's smallest continent and sixth-largest country by total area , Australia—owing to its size and isolation—is often dubbed
9776-584: The submissions it receives, the ALRC can gauge what people think about current laws, how they should be changed and can test its proposals for reform with stakeholders before finalising them. ALRC Final Reports make specific recommendations for changes to the law or legal processes. In formulating recommendations, the ALRC draws not only on submissions, but also face to face consultations, academic and industry research, international research and models, and its considerable experience in law reform. The ALRC seeks to consult with people who have expertise and experience in
9880-406: The thylacine. Many of Australia's ecoregions, and the species within those regions, are threatened by human activities and introduced animal, chromistan , fungal and plant species. All these factors have led to Australia's having the highest mammal extinction rate of any country in the world. The federal Environment Protection and Biodiversity Conservation Act 1999 is the legal framework for
9984-615: Was Australia's warmest recorded year, and the 2019–2020 bushfire season was the country's worst on record . Australia's greenhouse gas emissions per capita are among the highest in the world. Water restrictions are frequently in place in many regions and cities of Australia in response to chronic shortages due to urban population increases and localised drought. Throughout much of the continent, major flooding regularly follows extended periods of drought, flushing out inland river systems, overflowing dams and inundating large inland flood plains, as occurred throughout Eastern Australia in
10088-413: Was established in 1829, evolving into the largest Australian colony by area, Western Australia . In accordance with population growth, separate colonies were carved from New South Wales: Tasmania in 1825, South Australia in 1836, New Zealand in 1841, Victoria in 1851, and Queensland in 1859. South Australia was founded as a free colony—it never accepted transported convicts. Growing opposition to
10192-562: Was influenced by constitutional systems of the UK , the United States , and Switzerland . Australia's constitution 'establishes the form of the federal government and sets out the basis for relations between the Commonwealth and the states'. Chapter I defines the role and powers of the legislature, Chapter II defines that of the Executive, and Chapter III defines that of the Judiciary. In addition to
10296-691: Was introduced to Australia through the colonisation of Australia by the British. By 1824, a court system based on the English model had been established through Acts of the British Parliament . The New South Wales Act 1823 provided for the establishment of a Supreme Court with the power to deal with all criminal and civil matters "as fully and amply as Her Majesty's Court of King's Bench , Common Pleas and Exchequer at Westminster ". Inferior courts were also established, including courts of General or Quarter Sessions , and Courts of Requests . Despite
10400-602: Was not always observed, the courts limited the powers of the Governor , and the law of the colony was at times more egalitarian than in Britain. Representative government emerged in the 1840s and 1850s, and a considerable measure of autonomy was given to local legislatures in the second half of the nineteenth century. Colonial Parliaments introduced certain reforms such as secret ballots and female suffrage , which were not to occur in Britain until many years later. Nevertheless, Acts of
10504-520: Was one of the founding members of the League of Nations in 1920, and the United Nations in 1945. The Statute of Westminster 1931 formally ended the ability of the UK to pass federal laws without Australia's consent. Australia adopted it in 1942, but it was backdated to 1939 to confirm the validity of legislation passed during World War II. The Australian Capital Territory was formed in 1911 as
10608-466: Was popularised by the explorer Matthew Flinders , who said it was "more agreeable to the ear, and an assimilation to the names of the other great portions of the Earth". The first time that Australia appears to have been officially used was in April 1817, when Governor Lachlan Macquarie acknowledged the receipt of Flinders' charts of Australia from Lord Bathurst . In December 1817, Macquarie recommended to
10712-564: Was superseded by the Australian Law Reform Commission Act 1996 (Cth) (the ALRC Act) which came into effect on 11 November 1996. The new act was intended to improve the structure and functions of the ALRC, consistent with the recommendations of the 1994 Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs titled, Law Reform—the Challenge Continues . Under
10816-473: Was to have effect in New South Wales and Tasmania, and later Victoria and Queensland when they separated from New South Wales. The reception of English law in Western Australia and South Australia was later deemed by statute to have occurred on 1 June 1829 and 28 December 1836 respectively. The earliest civil and criminal courts established from the beginnings of the colony of New South Wales were rudimentary, adaptive and military in character. Although legality
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