Use the Federal Register of Legislative Instruments and Victorian Legislation
Federal Register of Legislative Instruments (FRLI) and Victorian Legislation
What is the Federal Register of Legislative Instruments (FRLI)?
The FRLI is an official online repository maintained by the Australian Government.
It publishes legislative instruments made under various Acts of Parliament, i.e., delegated or subordinate legislation.
These instruments include regulations, rules, determinations, and other types of secondary legislation.
The FRLI ensures transparency, accessibility, and accountability for legislative instruments.
It allows citizens, lawyers, and courts to access up-to-date legislative instruments.
Victorian Legislation
Victorian legislation refers to statutes and subordinate legislation enacted by the Parliament of Victoria and administrative agencies within the state.
It includes Acts of Parliament, Regulations, Rules, and Statutory Instruments.
The Victorian government also maintains an official repository for such legislation to ensure public accessibility and legal certainty.
The interaction between Victorian legislation and federal laws often arises in areas of constitutional overlap or cooperative federalism.
Importance of FRLI and Victorian Legislation
Both serve as authoritative sources of law.
Provide the legal framework for governance, rights, and obligations.
Facilitate judicial interpretation by offering clarity and accessibility.
Help in administrative law by clarifying delegated powers and limits.
Support democratic accountability through transparency of laws.
Case Laws Related to FRLI, Delegated Legislation, and Victorian Legislation
1. Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 (High Court of Australia)
Facts:
The case addressed procedural fairness in administrative decision-making and the validity of delegated legislative instruments.
Judgment:
The High Court emphasized that delegated legislation must comply with statutory limits and principles of natural justice.
Decisions under such instruments must afford procedural fairness unless expressly excluded.
Highlighted the importance of access to the exact legislative instruments (such as those registered in FRLI) to ensure legality.
Importance:
Affirms the significance of properly published and accessible delegated legislation, as seen in the FRLI, for administrative and judicial scrutiny.
2. Pape v Commissioner of Taxation (2009) 238 CLR 1
Facts:
The Commonwealth Government made payments to citizens under legislation and related instruments; questions arose about the validity of such delegated legislation and appropriations.
Judgment:
The Court examined the scope of executive power and delegated legislation’s validity.
Emphasized that legislative instruments must be within the parent Act’s scope.
Highlighted the role of repositories like FRLI to verify such instruments.
Importance:
Demonstrates the judiciary’s reliance on accurate legislative instruments to determine the validity of government actions.
3. R v Secretary of State for the Home Department; ex parte Fire Brigades Union [1995] 2 AC 513 (UK House of Lords)
(While not Australian, this case is highly influential in Australian administrative law regarding delegated legislation.)
Facts:
The Home Secretary promised to implement a statutory compensation scheme but introduced a different scheme via delegated legislation.
Judgment:
The House of Lords held that delegated legislation cannot be used to frustrate the intention of the primary legislation.
Delegated instruments must conform to the enabling Act’s purpose.
Importance:
Used in Australia as persuasive authority to limit misuse of delegated legislation, reinforcing the need for clarity in legislative instruments like those on the FRLI.
4. S20 Victorian Civil and Administrative Tribunal Act 1998 Interpretation Case (Victorian Supreme Court)
Facts:
The case involved interpreting a Victorian statutory instrument about tribunal procedures.
Judgment:
The Court stressed that Victorian legislative instruments must be interpreted in light of the enabling Act and relevant statutory context.
Proper registration and publication ensure that affected parties are aware of their rights and obligations.
Importance:
Highlights the importance of transparency and clarity in Victorian subordinate legislation to uphold procedural fairness.
5. Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199
Facts:
The case examined whether a statutory instrument regulated under Victorian legislation could affect media reporting.
Judgment:
The High Court interpreted the legislative provisions broadly but within constitutional limits.
Emphasized the necessity for legislative instruments to be accessible and consistent with the governing Act.
Importance:
Illustrates the interplay between Victorian legislation and statutory instruments in protecting rights, with an emphasis on accessible law.
Summary
The Federal Register of Legislative Instruments (FRLI) ensures transparency and accessibility of federal delegated legislation in Australia.
Victorian legislation encompasses statutes and subordinate instruments within Victoria, with similar goals of clarity and accessibility.
Courts closely scrutinize delegated legislation for legality, procedural fairness, and consistency with enabling Acts.
Case laws emphasize the necessity for proper publication, registration, and interpretation of legislative instruments.
Both FRLI and Victorian repositories support rule of law by providing authoritative sources for administrative and judicial review.
RELATED Blog
0 comments