Navigating Legislation and Compliance with Confidence: A Clear Guide to Australia's Legal Framework

Navigating Legislation and Compliance with Confidence: A Clear Guide to Australia’s Legal Framework

4 years ago

Legislation and compliance in Australia explained

Reading and understanding legislation and codes of practice can be challenging without a clear grasp of the hierarchy. This fact sheet provides comprehensive guidance to help you navigate the levels of legislation and compliance in Australia.

The Hierarchy of Legislation and Compliance in Australia

Act of Parliament

An Act of Parliament is a statute or law passed by both Houses of Parliament that has received Royal Assent. On Royal Assent, Acts are given a year and number.

Once enacted, an Act can generally only be amended or repealed by another Act. Acts of Parliament form the foundation of legislation and compliance in Australia and are not frequently changed.[1]

When an Act changes, a compilation is prepared to show the Act as amended. Acts of Parliament are primary legislation and are essential for the framework of legislation and compliance.

Regulation, Rules or Codes

Regulations, also referred to as subsidiary legislation, provide additional guidance on how the provisions of an Act are applied.

These are published in the Government Gazette to become legal and may include official forms required under the Act. Regulations play a crucial role in legislation and compliance by explaining the practical application of Acts.[2]

In summary, regulations support Acts by explaining their application in detail, making them integral to legislation and compliance.

Case law

Over hundreds of years, judges have been deciding cases. Their decisions have developed a body of legal principles known as ‘common law’ or ‘case law’ that is declared by judges.

When a case comes before a court, the parties to the action present the evidence they need to support their case. The judge listens to the evidence, decides what evidence is relevant and what facts have been proved, decides what law is relevant, and applies that law to the facts in making a decision which is binding on the parties.

Case law provides commentary on the decision of the courts and their interpretation. [3]

Codes of practice

A code of practice (COPs) is a set of guidelines for fair practice developed for a specific industry or occupation. COPs may be voluntary or statutory.

Codes of practice may be used in court proceedings to provide guide decisions and interpretation of legislation and compliance. In the example of work health and safety, courts may regard a code of practice as evidence of what is known about a hazard, risk or control, and rely on it to determine what is ‘reasonably practicable’ in the circumstances to which the code relates.

It is recognised that equivalent or better ways of achieving the required work health and safety outcomes may be possible. For that reason, compliance with codes of practice is not mandatory, providing that any other method used provides an equivalent or higher standard of work health and safety than suggested by the code of practice.

Codes of practice give more detailed advice about how employers can meet the requirements of the regulations. COPs do not replace the laws, but codes of practice can be issued to help make understanding of what you must do a little easier. Codes of practice are not legislation, but they give practical guidance on ways to comply with the Acts and regulations.

Health and safety representatives and Work Safe field officers (inspectors) can use the codes of practice to suggest ways of remedying health and safety risks in the workplace. They can also use the codes of practice as evidence when Acts or regulations have not been complied with.

Codes of practice can also provide a performance measurement for people in the workplace to follow. Some example codes of practice include:

Codes of Practice for First Aid in the Workplace
Codes of Practice for Manual Handling
Codes of Practice for Noise
Codes of Practice for Provision of Occupational Health and Safety Information in Languages Other than English
Cash in Transit Code of Practice

Standards

Standards are voluntary documents that set out specifications, procedures and guidelines that aim to ensure products, services, and systems are safe, consistent, and reliable.

These standards are a critical part of legislation and compliance, as they help ensure that Australian businesses meet safety, quality, and environmental requirements.

They cover a variety of subjects, including consumer products and services, the environment, construction, energy and water utilities, and more. To ensure they keep pace with new technologies, standards are regularly reviewed by Standards Australia technical committees.

There are three categories of standards:

International Standards

These are developed by ISO, IEC, and ITU for countries to adopt for national use. Standards Australia embraces the development and adoption of international standards.

Examples of International Standards are:

ISO 9001:2015 – Quality Management Systems
ISO 14001:2015 – Environmental Management System

Regional Standards

These are prepared by a specific region, such as the European Union’s EN standards, or joint Australian/New Zealand standards.

Examples of Australian Standard include:

AS /NZS 4801:2001 Occupational health and safety management systems— Specification with guidance for use
AS/NZS 3760:2010: In-service safety inspection and testing of electrical equipment

National Standards

These are developed either by a national standards body (like Standards Australia) or other accredited bodies. Any standards developed under the Australian Standard® name have been created in Australia or are adoptions of international or other standards.

Examples of Australian Standard include:

AS 3745: 2010 Planning for Emergencies in Facilities
AS 1428, Design for access and mobility

Standards and the Law

On their own, standards are voluntary. There is no requirement for the public to comply with standards. However, State and Commonwealth governments often refer to Australian Standards® (AS) or joint Australian/New Zealand Standards (AS/NZS) in their legislation and compliance.

When this happens, these standards can become mandatory.[6]

Conclusion

Understanding the hierarchy of legislation and compliance is essential for navigating legal and regulatory frameworks in Australia.

From Acts of Parliament that provide the foundational laws to regulations, case law, and codes of practice that offer detailed guidance, each layer plays a crucial role in ensuring compliance.

Standards, although voluntary, contribute to the safe and reliable operation of businesses and industries by providing best practices and specifications.

By familiarising yourself with these elements, you can better understand the legal expectations and how they apply to your industry or sector.

Whether you’re an employer, employee, or business owner, staying informed about the latest legislation and compliance updates is vital for maintaining safety, quality, and consistency in your operations.

Adhering to these laws and guidelines not only ensures legal compliance but also fosters a safer, more efficient workplace and contributes to the overall success of your business.