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Victoria's Legal System

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Victoria's Legal System General Victoria’s legal system An introduction to the legal system in Victoria This guide has been developed to help you understand how Victoria’s legal sector works. It explains which laws apply in Victoria and who’s who in the legal sector. It will also point you in the direction of other resources if you want to know more. Find out more at... www. victorialaw foundation. org.au Contents Laws in Victoria 6 Government 26 Where do laws come from? 8 Attorney-General of Victoria 26 The Australian Constitution 8 Department of Justice and Regulation 26 Victorian and federal legislation 10 Director of Public Prosecutions and 26 the Office of Public Prosecutions Common law 10 Commonwealth Director of 28 Public Prosecutions The legal sector in Victoria 12 Victoria Police 28 Courts and tribunals 14 Australian Federal Police 28 Court Services Victoria 14 The legal profession 30 Victorian courts and tribunals 16 The profession 30 Supreme Court of Victoria 16 Solicitors 30 County Court of Victoria 16 Barristers 30 Magistrates’ Court of Victoria 18 Professional associations 30 Children’s Court of Victoria 20 Law Institute of Victoria 30 Coroners Court of Victoria 21 Victorian Bar 32 Neighbourhood Justice Centre 22 Regulating the profession 32 Victorian Civil and Administrative 23 Victorian Legal Services Board 32 Tribunal (VCAT) + Commissioner Victims of Crime Assistance Tribunal 23 Independent legal services 34 Federal courts and tribunals 24 Victoria Legal Aid 34 High Court of Australia 24 Community legal centres 34 Federal Court of Australia 24 Law reform 36 Family Court of Australia 25 Victorian Law Reform Commission 36 Federal Circuit Court 25 of Australia Sentencing Advisory Council 36 Administrative Appeals Tribunal 25 Australian Law Reform Commission 36 (AAT) Public education in the law 38 Victoria Law Foundation 38 3 Victoria’s Laws in Victoria legal system Where do laws come from? There are many different people and organisations The Australian Constitution that make up Victoria’s legal Victorian legislation sector, working together to Federal legislation provide a fair and accessible Common law justice system for all Victorians. This diagram lists the sources of law that apply in Victoria and the different organisations that form Victoria’s legal sector. 4 Victoria’s legal system Victoria’s legal sector Courts and tribunals Legal profession Victorian courts and tribunals Practitioners Supreme Court of Victoria Solicitors County Court of Victoria Barristers Magistrates’ Court of Victoria Professional associations Children’s Court of Victoria Law Institute of Victoria Coroners Court of Victoria Victorian Bar Neighbourhood Justice Centre Victorian Civil and Administrative Regulating the profession Tribunal (VCAT) Victorian Legal Services Board Victims of Crime Assistance Victorian Legal Services Tribunal Commissioner Federal courts and tribunals High Court of Australia Independent Federal Court of Australia legal services Family Court of Australia Victoria Legal Aid Federal Circuit Court of Australia Community legal centres Administrative Appeals Tribunal (AAT) Law reform Victorian Law Reform Commission Government Sentencing Advisory Council Attorney-General Australian Law Reform Commission Department of Justice and Regulation Director of Public Prosecutions and Office of Public Prosecutions Public education in the law Commonwealth Director of Public Prosecutions Victoria Law Foundation Victoria Police Australian Federal Police Laws in Victoria In Australia we have a federal system of government that governs all Australian states and territories; therefore people in Victoria are subject to both federal and Victorian laws. Under our federal system, power to make laws is shared between the federal parliament in Canberra and each state parliament. The federal parliament has power to make laws that affect all of Australia, whereas the Victorian parliament can only make laws that affect Victoria. To reduce confusion, the Australian Constitution outlines the laws that can be made by the federal parliament. This section will introduce you to the laws that affect you in Victoria and explain where the laws come from. 6 Victoria’s legal system The Australian Constitution provides a framework for the development of all laws in Australia. Where do laws come from? The laws that affect you The Australian Constitution as a Victorian come from The Australian Constitution is Australia’s several different sources: supreme law, providing a framework for the the Australian Constitution, development of all other laws in Australia by Victorian legislation, federal establishing the division of power between the federal and state parliaments. The legislation and common law. Constitution also provides fundamental laws and protections for all Australians. The Australian Constitution was passed in 1900 to ensure greater cooperation between the states, which had been operating as six self-governing British colonies since European settlement. Under the Constitution, the federal government has the ability to make laws for all Australians— allowing a more coordinated approach to the development of laws of national significance, such as those relating to defence. In agreeing to the Australian Constitution, the states passed some power to the federal government to make laws for the whole country, while still maintaining the power to make other laws relating to their state. The division of power established under the Australian Constitution can be changed either by the states referring powers to the Commonwealth or by a vote of the people, known as a referendum. As a result the division of power can change over time. 8 Victoria’s legal system Australia’s federal parliament sits at Parliament House in Canberra. Victorian and federal Common law legislation Common law, sometimes referred to as Victorian legislation consists of laws judge-made law, is law developed by judges made by the state Parliament of Victoria. as they decide cases. Federal legislation consists of laws made In deciding cases, judges refer to previous by the federal parliament in Canberra. decisions for guidance on how the law The federal parliament can only make law is applied. Judges must also interpret under the powers provided to it under the the meaning of legislation in relation to Australian Constitution or by agreement particular situations. They record their with the states. decisions in written judgments that are then Federal legislation affects all Australians, referred to in the future by other judges. This while Victorian legislation affects only ensures that the law is applied consistently. Victoria. At any one time there will be In this way judges clarify and sometimes hundreds of pieces of legislation in place, refine the meaning of the law, using a setting out the laws in all aspects of system of precedent. our lives. The concept of common law is hundreds of To look at examples of legislation, years old and goes back to when there was go to www.legislation.gov.au little or no written legislation. At this time for federal legislation or judges referred to other judges’ decisions to www.parliament.vic.gov.au/legislation ensure that matters coming before the court for Victorian legislation. were treated consistently. What’s the difference between … Legislation, statutes and Acts? Nothing … All these words mean the same thing—laws made by parliament. Commonwealth, federal and Australian parliament? Again, nothing. All three terms refer to the Australian parliament in Canberra. You can find out more about the Australian parliament at www.aph.gov.au. 10 Victoria’s legal system Left: The steps of Parliament House, Spring Street, Melbourne. Below: Tom Roberts, The Opening of the First Parliament of the Commonwealth of Australia by HRH the Duke of Cornwall and York, 9 May 1901 (1903). 11 The legal sector in Victoria In Victoria, like other states, there are many different organisations and professionals that make up the legal sector. These include courts and tribunals, the legal profession, government offices and bodies and non-government organisations. This section of the guide outlines the different parts of the sector and what they do. 12 Victoria’s legal system The Supreme Court of Victoria is the highest court in Victoria. Courts and tribunals Courts and tribunals apply the Court Services Victoria law in Victoria. www.courts.vic.gov.au Which court or tribunal hears Court Services Victoria is an independent a case depends on the court’s statutory body established in 2014. It or tribunal’s jurisdiction. provides the administrative services Jurisdiction refers to the areas and infrastructure necessary for the Victorian courts and Victorian Civil and of law or monetary limits that Administrative Tribunal (VCAT) to operate may be heard by a court or independently of government departments tribunal. The most serious and agencies. cases will be heard in the superior courts, while more general cases are heard in the lower courts. The highest court in Australia is the High Court of Australia. Visiting courts You can watch most court and tribunal hearings in Australia. A list of cases sitting each day is available on individual court and tribunal websites. 14 Victoria’s legal system The County Court of Victoria hears civil, criminal and criminal appeal matters. Victorian courts and tribunals Supreme Court of Victoria County Court of Victoria 210 William Street, Melbourne 250 William Street, Melbourne www.supremecourt.vic.gov.au www.countycourt.vic.gov.au The Supreme Court of Victoria
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