Delegated Legislation Assignment Sample

• Subject Name : Law

Table of Contents

Task 1.

Task 2.

Task 3.

Task 4.

Task 5.

References.

Understanding of Australian Law - Task 1

a) 1st party MAARTEN ZWIERSEN- Plaintiff,

2nd party includes FIELD & HALL PTY LIMITED (ACN 004 391 324) as First Defendant, AEC CONTRACTING (VIC) PTY LTD (ACN 004 522 650) as Second Defendant, AMACA PTY LIMITED (ACN000035512) (FORMERLY JAMES HARDIE & COY PTY LTD) as the Third Defendant, vCSR LIMITED (ACN 00 001 276) as Fourth Defendant lastly the case was envisaged by RUSH J as the Honorable judge. 

The case Zwiersen v Field and Hall Ltd [2016] VSC 16 concerns the question of contributory negligence, from a legal point of view, as the plaintiff contracted mesothelioma while exposed to asbestos dust and fibres while employed. In the context of this case, the principles of assessment as well as the distribution between the employer, including the manufacturer or supplier of the asbestos product, were discussed (Jade.io, 2016).

b) The legislator laws that have been cited in consideration of other cases implies "Wrongs Act of the year 1958 pt IV with the associated case of Podrebersek v Australian Iron and Steel Pty Ltd. Next ligislatory article that was cited to this case involves the 59 ALR 529 relative to the case of Jones vs Southern Grampians Shire Council & Anorin the year 2012. Finally, VSC 485 associated with the case study of NSW's Roads and Traffic Authority vs Dederer in the year 2007 with association from 234 CLR 330. 

c) As in the context of this case, certain regulations with employers need to be followed in the form of a statutory obligation. The concerned organization cannot deny its responsibility of providing a respiratory protection apparatus like the respirator to employees by just referring to the huge number of peoples working in their factories as small. They also used this technique to create a false notion and reducing the burden of responsibility by addressing the huge workforce as petite and variable.

Legal actions those based on the SHARP approach used by a lawyer in which he uses misleading statements in regards to the opposing counsel or concerned the court like When senior fourth defendant counsel cross-examined, the plaintiff said that the product depicted in the Hardie-BI brochure 'was the product' that was used on the sites where he worked senior fourth defendant counsel. As in this case, the plaintiff was definite in his evidence that he could tell the difference.

 It also involves the denial of oral stipulations that refers to the previously made agreements lying in between the attorneys. It addresses the threats, as well as the improper use of the process. Going further restricts the lawyer from getting involved into some tricky likewise observed in context to this case while noting that the Bradford sectional lagging depicted in the Bradford Insulation brochure did not contain asbestos. Or at times using dishonourable illegal means as in context to this case, it can be stated that a consistent pattern of sharp practice like in case of Jones v Southern Grampians Shire Council & Anor, considering the contribution issue J Forrest J, referred to Clarke JA judgment (Jade.io, 2016).

d)Was the case only limited to the Wrongs Act or the Health and Safety Act can be taken into consideration?

Understanding of Australian Law - Task 2

a) Several libraries are related to the Australasian Legal Information Institute (AustLII) database. Australasian Aviation Law Library consists of several legal collections including Australia's aviation law with accessible databases. It is done through AustLII and NZLII. The legal collection includes the Aviation Law Association of Australia & New Zealand (ALAANZ) along with Aviation Briefs (AustLII). The legal material held by the library contains all the benefits of the cases and their laws related to it (Austlii.edu.au, 2020).

b) The Federal Register of Legislation is the authorized government website. It contains full text as well as detailed individual law's lifecycle associated with their relationships. The Office of Parliamentary Counsel manages The Legislation Register as per the Legislation Act of 2003.

It contains acts, legislative as well as notifiable instruments, payment invoice (bill), along with informative gazettes. The Legislation Register is managed by the Office of Parliamentary Counsel. This link tends to take away from the Legislation Register following the Legislation Act of 2003 known as the Act. Incorporating entire material published previously on ComLaw. It is at par with the Acts database that is under 1905's Acts Publication Act, based on Federal Register of Legislative Instruments (FRLI) which comes under the Legislative Instruments Act of 2003. The current version of all laws that are in force along with some other laws associated with Legislation Register possesses the authorization based on a version that needs to have relied on court proceedings. It falls under section 15ZA and that of 15ZB associated with the Act (Legislation.gov.au, 2020).

c) The database here is The Australasian Legal Information Institute (AustLII). The <http://www.austlii.edu.au/> or the Australasian Legal Information Institute (AustLII) is considered to be a joint facility. It includes the Law Faculties associated with the University of Technology, Sydney, as well as the University of New South Wales. It was established in the year 1995 with small full-time staff, along with the two Co-Directors working part-time. Being the 'stakeholders' in particular legal informational class's free dissemination a public body along with private organizations grants funds to AustLII. Resources meant for access in AustLII's web is completely free moreover aren't funded by any advertising company. Legal Primary materials including legislation, court's decisions, treaties, as well as tribunals along with legal secondary materials are created for public access by public bodies (law reform as well as reports of the royal commission, etc) are published in AustLII in the form of public legal information. To make legal materials available free via the Internet the contextual policy or agenda associated with AustLII is to convince governments, parliaments, courts, legal reformatory bodies, as well as other public institutions (Austlii.edu.au, 2020).

Understanding of Australian Law - Task 3

a) Short quotation marks (three lines or less) should be included in single quotation marks in the body of text and in footnotes. Long quotes (more than three full lines) should be intended as a short font without quotes from the left margin. Legal and contractual prohibitions, regardless of their duration, may appear in this way. When a long quote appears in the footnote, the source quote should appear in a straight line before or after quoting. A short quote should be included in the sentence. No specific punctuation is required to activate it. It can be started by any settler. No punctuation should be used when a sentence leads smoothly to an elongated quote. However, a colon is usually punctuated for the introduction of a long coat (library.usyd.edu.au, 2020).

b)On the source's title page authors', as well as the editors' names, should appear, except:

• Name's initials should not include spaces or full stops
• A source with names of two or three authors must be separated from each other by putting a 'and', in between last two words
• In normal terms, the author's honorific qualifications or titles like LLB, Professor, or Dr should not be included
• In case of a source having editors instead of authors the same format applies in an exception that a suffix '(ed)' or '(eds)' needs to be added respectively with one or more editors
• Naming the first listed author following an 'et al' needs to be put in a source with four or more authors,
• In case the author is a body such as a company, organization or government department, it is required to list those body's as author,
• This particular field is to be left out with no credited author is present in the form of a person or body.

c)Must include details For Acts, are:

• The Act's Title must be in italics.
• Italics to be used while mentioning the Year
• Round brackets with abbreviations are to be used in Jurisdiction
• Pinpoint: Identification of particular paragraph, section, schedule, part, etc

Example: Competition and Consumer Act 2010 (Cth) sch 2

Delegated legislation (regulations)

• Government rulings instrumentalities along with the orders are needed to be cited
• Document's number is to be Included as per its appearance on the instrument
• replacement of effective date along with full cited version's date is necessary

Example: Heritage Regulation 2006 (ACT) reg 5(1).

d) Case name - Using italics for party’s names first plaintiff and defendant are cited

Year and volume number - The year is a citation’s essential component and must be enclosed using Square brackets, making it easily findable. In the absence of volume number, Square brackets are normally used in determining judgment’s location, with the start of each year’s numbering. Law report series with consecutive volume numbers, adding information by the year for locating the judgment is not essential (Libguides.library.usyd.edu.au, 2020).

Report series – Using abbreviation instead of full title for the reporting series’ name

Page - the page must be put on the beginning of the case report ( a single reference rather than a start page based on often-used * CCH report series accompanied by symbols, used in page number's place)

Pinpoint - References pinpointing to a specific point, are preceded by a comma as well as a space in context to judgment. Following specific page references a full case citation is put into use. With the citation of the case's first page, the page number is needed to be repeated. On the identification of cited judge, his name must be enclosed using round brackets after pinpointing.

Examples:

Wirth v Wirth (1924) 24 SR (NSW) 150, 150

e) The bibliography used in the case of reference list refers to AGLC's fourth edition in which the inclusion of every consulted source while essay writing is needed. Besides, sources are sorted in accordance with their types using below-mentioned categories Libguides.library.usyd.edu.au (2020):

Articles, Books and Reports

Example: Mackie, Ken, Elizabeth Bennett Histead and John Page, Australian Land Law in Context (Oxford University Press, 2012)

Cases

Example: Nydam v The Queen (1997) VR 430

Legislation

Example: Legal Profession Act 2004 (NSW)

Treaties

Example: International Treaty on Plant Genetic Resources for Food and Agriculture, opened for signature 3 November 2001, UNTS 2400 (entered into force 31 March 2004)

Other

Example: Hamer, David, “ARC rankings poor on law”, The Australian (online, 25 June 2008) <http://www.theaustralian.com.au/higher-education/opinion/arc-rankings-poor-on-law/story-e6frgcko-1111116734303>

Understanding of Australian Law - Task 4

a) Full-text searching

Computer searching techniques for the collection of documents stored in a single full-text database refers to Full-text search. In databases comprising of selected titles, abstracts, sections, or bibliographical references Full-text searches are distinguished from metadata searches that represent original text's parts. All words in the user's specified text are examined by the search engine in the stored document with an aim to match searching criteria. This technique was commonly used in online bibliographic databases in the '90s. Many word processing software is provided by the websites as well as application programs enabling full-text-search. Web search engines, like AltaVista, employ techniques of full-text-search while in the case of others a web page portion is examined while indexing by their systems (Chaitanya et al., 2019).

b) Hypertext searching

Initially, hyper texting was used in Jewish literature with the growing importance of its during the past two decades. With the use of associative or sequentially relational organized data Hypertext format is used by the Internet and other informatics' system. Allowing the electronic computer program's user in selecting an in-text word and receive additional information. It includes definitions or related in-text references. It is denoted by highlighting relevant words or phrases within the text in a different coloured font and can be connected with in-text pictures, animated sequences, or some sounds. Different document parts with Hypertext links create an interconnected network branching structure capable of directing unmediated jumps to related information pieces. A tree-like hyperlinked information structure contrasts greatly with linear print encyclopaedia or dictionary's structure. As for an example, its contents can physically be accessed only with the use of static linear or sequential alphabetical order entries (Ridi, 2018).

c) Free text searching

Refers to a searching mode in which all the titles, along with the abstracts, as well as full-texts, or other types used in natural language fields associated with bibliographic source databases. They are searched for at least one or more words, in which the proximity toward each other may be specific toward the increase of the specificity related to the searched item (Yaffe, 2017).

Understanding of Australian Law - Task 5

a)Delegated legislation is made not directly under the Act of the Parliament. The Executive Government’s Acts Under the power of Parliament to make certain regular and extensively delegated regulations. Delegated legislation can be of different forms. To cover the wide range of delegated legislation, The Legislation Act uses 'legislative instrument' as a term excluding specific delegated legislation from legislative instrument definitions while applying the Act. Its flexibility changes regularly as its main purpose is justifying and adjusting administrative detail within the facility without undue delay and is known to be highly adaptive to other technical matters or detail (Guides.library.uwa.edu.au, 2020).

Once the Parliament by statute laid down new law’s principles under which an Executive not exceeding, the principles while working out toward the law’s application may utilize delegated legislation with minute detail. As the Parliament over delegated legislation retains ultimate legislative authority it is able to nullify delegated legislation using its disallowance power. It can modify or overturn provisions to pass primary legislation in case of a delegated legislation. The delegated legislation function allows the Government to amend a law without waiting for the passing of the new Parliamentary Act. By altering sanctions under given statute Delegated legislation is used to make technical changes toward the law (Aph.gov.au, 2020).

b)Based on rules (a specific Legislation procedural formalities), Regulations (the most common form), and others Delegated legislation can be researched. Regulation is used for general legislation emanating applications of a government department. Until 2004 and from 2005 the Statutory Rules series along with the Select Legislative Instrument series were published. The rule refers to court procedures like High Court Rules those are until 2004 published in Statutory Rules series (Guides.library.uwa.edu.au, 2020).

Located in the form of regulations including Delegated legislation cited as Acts, in exception to the pinpointing of abbreviation and changes in abbreviation depends on the citing needs to be done as per an order (O), regulation (reg), or rule (r).

Example

• Children's Court Rules 2016(Qld) reg 2.

c) Delegated legislation

A law made by the authorities vested with parliamentary power refers to delegate or subordinated legislation. Each principal act specifies the authority with power under administrative details Act containing necessary provisions ensuring smooth operation of the Act. Regulations affirmed by ministers are put into general population application by this Act also includes even the local government mended By-laws as well as Ordinances. These apply to the local peoples. Court’s procedures those are to be followed are described in the Rules (Aph.gov.au, 2020).

Case law

Over centuries, judges develop a legal principle body known as 'common law' or 'case law' which are instrumental in deciding cases. The parties need to present evidence in favour of their case once they file a case before the law court. The judge listens and then decides on the basis of the relevant pieces of evidence and proven facts. He needs to decide the relevant law that applies to decision making facts. The court particularly decides on the kind of case depending on its jurisdiction with particular issues determining authority and is arranged as per hierarchy, based on decided issues. Appeals from lower courts go to higher courts when a party is not satisfied with the court's decision. They may appeal to a higher court within the allowed time if the matter is finalized the case cannot be reopened again (Unimelb.libguides.com, 2020).

References for Understanding of Australian Law

Aph.gov.au (2020), Chapter 15 from: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice/Chapter_15 [Retrieved On: 5th July 2020]

Austlii.edu.au (2020), from: http://www.austlii.edu.au/ [Retrieved On: 5th July 2020]

Chaitanya, B. S. S. K., Reddy, D. A. K., Chandra, B. P. S. E., Krishna, A. B., & Menon, R. R. (2019, September). Full-text Search Using Database Index. In 2019 5th International Conference On Computing, Communication, Control And Automation (ICCUBEA) (pp. 1-5). IEEE.

Guides.library.uwa.edu.au (2020), Legislation: Delegated legislation, https://guides.library.uwa.edu.au/c.php?g=324818&p=2177280 [Retrieved On: 5th July 2020]

Jade.io (2016), Zwiersen v Field and Hall Ltd [2016] VSC 16, from: https://jade.io/article/443264 [Retrieved On: 5th July 2020]

Legislation.gov.au (2020), from: https://www.legislation.gov.au/ [Retrieved On: 5th July 2020]

Libguides.library.usyd.edu.au (2020), Referencing and Citation Styles: AGLC4, from: https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376 [Retrieved On: 5th July 2020]

Ridi, R. (2018). Hypertext. Ko Knowledge Organization, 45(5), 393-424.

Unimelb.libguides.com (2020), case Law, from: https://unimelb.libguides.com/c.php?g=403008&p=2742019#:~:text=Case%20law%20is%20law%20developed,been%20interpreted%20by%20the%20judge. [Retrieved On: 5th July 2020]

Yaffe, L. (2017). U.S. Patent No. 9,754,030. Washington, DC: U.S. Patent and Trademark Office.

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