What is statute law?
Answer
Law passed by parliament
Explanation
Statute law in Australia is the body of law made by Parliament (or under Parliament's delegated authority through regulations and other legislative instruments). It covers nearly every area of Australian life, from criminal offences to tax to anti-discrimination to social welfare to corporate regulation. Statute law has grown enormously in scope and volume since federation, with the federal Parliament passing about 200 to 250 Acts a year alongside thousands of regulations.
Federal statutes are made by the federal Parliament under the heads of legislative power in the Constitution. Major federal statutes include the Income Tax Assessment Act 1936 (and the Income Tax Assessment Act 1997), the Fair Work Act 2009, the Corporations Act 2001, the Privacy Act 1988, the Environment Protection and Biodiversity Conservation Act 1999, the Native Title Act 1993, the Migration Act 1958, the Australian Consumer Law (within the Competition and Consumer Act 2010), the Aged Care Act 2024, and many more.
State and territory statutes cover state and territory matters. State criminal codes (in NSW the Crimes Act 1900, in Victoria the Crimes Act 1958, in Queensland the Criminal Code Act 1899, and equivalents in other states) define most criminal offences. State residential tenancies acts govern rental relationships. State Local Government Acts establish and regulate councils. State Education Acts, Health Acts, and many others cover the specific portfolios.
Statute law operates alongside common law. Where statute and common law conflict, statute prevails (provided it is within the Parliament's constitutional power and is validly made). Statutes can modify, supplement, or replace common-law rules. Where statute is silent on a matter, common-law principles fill the gap. Statutes can be amended or repealed by subsequent statutes through the same parliamentary process. The federal Register of Legislation (www.legislation.gov.au) and state equivalents publish consolidated versions of all current statutes, with their history of amendments. The Australasian Legal Information Institute (AustLII) provides free public access to Australian statute law, common law decisions, and many other legal materials.
Why this matters for your test
Statute law is the largest single body of Australian law and covers most everyday matters, and recognising the role of Parliament plus the interaction with common law helps new citizens engage with the legal system.
Source: Australian Citizenship: Our Common Bond (2024)
