Australian Government Documents

Australian Government publications held in the University of Melbourne Library and links to online publications

1. Introduction
2. Commonwealth of Australia
3. Victoria

Appendix 1 - The establishment of the Commonwealth of Australia
Appendix 2 - The establishment of the Australian State

1. Introduction

Melbourne University Library has a comprehensive collection of Australian and Victorian government publications, as well as selected holdings for other states and territories.

This guide mainly refers to material held in the Baillieu Library including:

Government Documents 3rd Floor, location prefix Baill GD
Reference Ground Floor, location prefix Baill REF
Special Collections 3rd Floor, location prefix Baill SpC
Microfiche Basement, location prefix Baill MIC/f

and the Law Library Law School Building, location prefix Law

This guide also includes links to full-text publications, indexes and search engines available on the Internet:.

Definitions of Terms

• Parliamentary Papers
• Debates (often called Hansard)
• Votes & Proceedings, and Journals
• Government Gazettes
• Bills, Acts (laws, statutes)
• Rules and regulations
• Yearbooks

Parliamentary Papers

Parliamentary papers are reports or other documents presented to a house of Parliament. They include reports from government departments and agencies, committees of inquiry and Royal Commissions. Parliamentary papers of a substantial nature are published in the Parliamentary Papers series.

There are two types of parliamentary papers for the Commonwealth Parliament of Australia:

1. "The Parliamentary Papers Series consists of reports, returns and statements from departments, authorities, parliamentary and ad hoc committees of inquiry and royal commissions and the like which have been presented to the Parliament and considered appropriate for inclusion. Also included in the series are any other papers of an ad hoc nature, including ministerial statements and petitions, which either House has ordered to be printed. Documents in this series bear a Parliamentary Paper Number (eg 42/99) and are available for those outside Parliament from the National Library of Australia and State Libraries (and various university libraries)
2. Documents presented to Parliament which are not ordered to be printed. Whilst these are parliamentary papers, they do not form part of the Parliamentary Papers Series. They are, however, provided by the author agencies to the National Library of Australia under the legal deposit provisions of the Copyright Act 1968 and to State and university libraries under the Library Deposit Scheme." Parliament of Australia, Parliament Library.

The Parliamentary Papers series is a major reference source for information on the role and activities of the Australian Parliament and Government.

Note: the actual titles on the some of the older volumes held in University of Melbourne Library collections may be variously: parliamentary papers, proceedings, journals and printed papers, votes and proceedings.. with copies of documents ordered to be printed.

Top

Debates (often called Hansard)

This is the parliamentary publication most people have heard of. Its aim is 'to produce a rational verbatim report ... [i.e.] with repetitions and redundancies omitted and with obvious mistakes corrected'. Federally, Hansard is produced in 3 forms: daily (which is distributed to MPs very promptly and may be corrected or amended), weekly and, very much later, in bound form. The bound form has indexes. Hansard contains the debates on bills, answers to questions, members' speeches and lists of MPs and standing committees.

Each house of Parliament has its own debates, but they are frequently issued as a single publication or bound together, with a separate index for each house.

In recent years Hansard has become more important since the debate may now be considered in order to ascertain the intent of a law. Previously the courts stuck to the letter of the law as expressed in the printed Act.

Top

Votes and Proceedings, and Journals

The record (minutes) of business in Parliament is given in the Votes and Proceedings for the Lower House (Representatives) and in the Journals for the Upper (Senate). It records who attended and how they voted on a particular issue. It also records the days the House sat and the number of hours. It has a register of bills and at what stage they are at. Such material is NOT available from Hansard, which basically reproduces the debate. It will also list the petitions received and their subject matter.

Top

Government Gazettes

The government gazette is the major publication through which the Executive (Ministers of government departments) announces its administrative decisions. Gazettes also announce requirements arising from acts or regulations. In general, they contain the following types of information: vice-regal announcements and notices; announcements of the proclamation of acts of parliament; notification of regulations under such acts; appointments and vacancies to the public service; notices connected with government departments and instrumentalities; FOI statements; bankruptcies and receiverships; changes in land use; public holidays; wills and unclaimed monies.

Each State has its own government gazette. The oldest gazette in Australia is the Sydney Gazette first issued in 1803. Since 1973, the Commonwealth of Australia Gazette has been published in several sequences, eg. business, FOI, public service etc.

Top

Bills, Acts (Laws, Statutes)

are one of the prime reasons for Parliament to sit. An Act starts its parliamentary life as a bill (Latin bulla = written document, furnished with a seal) which can be compared with a draft Act. The desire for an Act to be passed may be expressed by cabinet, government departments, pressure groups etc.

The bill is drafted by the parliamentary draftsmen and then presented to Parliament for discussion. As a bill has 3 readings in each House, it is not surprising that it is amended at various stages. The first and third readings are usually mere formalities and very brief. The real debate takes place during the second reading, which can take place over more than one sitting.

Once the bill has been passed by both Houses of Parliament it must still receive Royal Assent which means being signed by the Governor-General or Governor (for state legislation). Until it has this signature it is not law. From then on it is known as a law, a statute or an Act.

It could be said that a bill is merely draft legislation and, to some extent, the same is true of an Act since, once it has become law it is tested (a) by civil servants who interpret it and (b) by the legal system which attempts to challenge it and find loopholes. Consequently, it is not surprising that before long the Act receives changes or amendments.

N.B. An Act merely sets out the general principles of the law but leaves the administrative details to regulations.

Law Library guides:

• What is a Bill?
• What is an Act?
• Finding & Updating an Act
• The making of an Act of Parliament
• More Legal Research Guides

Top

Rules and Regulations

Rules (also called Statutory Rules), regulations, by-laws and ordinances are subordinate legislation which Parliament authorizes the Executive to frame and issue. An Act sets out the general principles - it is in the regulations that details are specified, e.g. which office shall be in charge, whom to pay various sums of money to etc. Hence the last clause of a federal Act may say "The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters..." A state Act is more likely to read: "The Governor in Council may make regulations for or with respect to..."
However, Parliament can still disallow such rules. In Victoria, the Scrutiny of Acts and Regulations Committee currently looks at legislation and then makes recommendations to Parliament.

Two reasons which can be advanced for delegating such legislation are that the government department can react quickly to any need for change and secondly, that Parliament does not sit for a large part of the year. Details about where copies may be obtained must be published in the relevant government gazette.

Law Library guides:

• Regulations or Subordinate Legislation
• More Legal Research Guides

Top

Yearbooks

Yearbooks in Australia rely on data sent to the Australian Bureau of Statistics from various government departments, e.g. Immigration & Ethnic Affairs, Department of Social Security, Department of Defence etc.
However, instead of being a mere compilation of statistics (like statistical registers) the year books of both the Commonwealth and the states interpret the figures, give a methodological explanation of how certain data have been collected and also provide a wealth of historical information. Topics are arranged by chapters e.g. pre-history to federation; physical geography & climate; defence. Each year the compilers of the yearbook will concentrate on particular subjects and write a special article on them. In later issues a reference is made back to this earlier issue.

The 1988 Australian Yearbook reproduces the federal constitution in full. It also has a statistical summary going back to 1901/01 as well as a brief section on international statistics.

Top

2. Commonwealth of Australia

• Parliamentary Papers | Indexes to Parliamentary Papers (including Royal Commissions)
• Debates (Hansard)
• Minutes of the House of Representatives (Votes and proceedings)
• Minutes of the Senate (Journals)
• Government Gazettes
• Bills
• Acts | Indexes to Acts
• Rules and regulations
• Yearbooks
• Parliamentary Handbooks and Practice
• Biographies of Parliamentarians
• Budget
• Elections
• Press releases
• Government Directories
• The Australian Constitution

Parliamentary Papers

Parliamentary papers are reports or documents presented to a house of Parliament. They include reports from government departments and agencies, committees of inquiry and Royal Commissions. Parliamentary papers of a substantial nature are published in the Parliamentary Papers series. more information

Indexes to Parliamentary Papers

Top

Debates (Hansard)

Hansard is the official record of debates in Parliament. An almost verbatim transcript of debates on bills, answers to questions, and speeches. more information

Top

Votes and Proceedings

The official record (minutes) of business in Parliament is given in the Votes and Proceedings for the House of Representatives more information

Top

Journals

The official record (minutes) of business in Parliament is given in the Journals for the Senate. more information

Top

Gazettes

the major publication through which governments announce their administrative decisons and actions. more information

Top

Bills

A bill is a proposal for a new law which has been presented to Parliament. more information

Top of page

Acts (Leglislation)

An Act of Parliament is a law made by Parliament. more information

Useful Law Library guides:

• What is a Bill?
• What is an Act?
• Finding & Updating an Act

Indexes to Acts

Top

Regulations or Subordinate Legislation

a law made under the authority of an Act of Parliament. more information

Top

Yearbooks

More information

Top

Parliamentary Handbooks and Practice

Parliamentary Handbooks contain contact and biographical information on members of Parliament, information on committees, statistical summaries for the most recent election, electoral divisions and party representation, and historical information.

Executive Handbooks

Parliamentary Practice - detailed reference works on all aspects of the powers, procedures and practices of the Houses

Top

Biographies of Parliamentarians

Top

Budget

The Budget is the government's annual financial report and policy statement. The principle part is the Treasurer's budget speech which includes a comparison of estimates and actual expenditure for the previous financial year, a review of the economic situation of the nation, and the anticipated income and expediture for the current financial year, including taxes proposed to meet expenditure. Budget Papers are related documents presented after the budget speech.

Top

Elections

Election Statistics are recorded in Paliamentary Handbooks and other publications

Top

Press Releases

Useful information about government policy may be found in ministerial statements or press/media releases.

Top

Government Directories

Information on Members of Parliament, the Courts, and Australian Government portfolios (Minister(s), departments, agencies, contact details of senior staff and legislation administered by, for each portfolio)

Top

The Australian Constitution

Top

9. Victoria

• Parliamentary Papers | Indexes to Parliamentary Papers
• Debates
• Minutes of the Leglislative Assembly (Votes and Proceedings)
• Minutes of the Leglislative Council (Minutes of Proceedings)
• Government Gazettes
• Bills
• Acts
• Rules and regulations (subordinate legislation)
• Yearbooks
• Parliamentary Handbooks and Practice
• Budget
• Media Releases
• Government Directories

Parliamentary Papers

Parliamentary papers are reports or documents presented to a house of Parliament. They include reports from government departments and agencies, committees of inquiry. Parliamentary papers of a substantial nature arepublished in the Parliamentary Papers series. more information

Indexes to Parliamentary Papers

Back to top

Debates (Hansard)

Hansard is the official record of debates in Parliament. An almost verbatim transcript of debates on bills, answers to questions, and speeches. more information

Top

Votes and Proceedings

The official record (minutes) of business in Parliament is given in the Votes and Proceedings for the Leglislative Assembly more information

Top

Minutes

The official record (minutes) of business in Parliament for the Leglislative Council

Top

Gazettes

the major publication through which governments announce their administrative decisons and actions. more information

Back to top

Bills (legislation)

A bill is a proposal for a new law which has been presented to Parliament. more information

Back to top

Acts (Leglislation)

An Act of Parliament is a law made by Parliament. more information

Useful Law Library guides:

• What is a Bill?
• What is an Act?
• Finding & Updating an Act

Top

Regulations or Subordinate Legislation

a law made under the authority of an Act of Parliament. Commonly called Regulations or Rules as well as Statutory Rules more information

Back to top

Yearbooks

More information

Back to top

Handbooks

Back to top

Government Directories

Back to top

Appendix 1

THE ESTABLISHMENT OF THE COMMONWEALTH OF AUSTRALIA

FEDERATION

On 1 January 1901, the colonies, with the exception of New Zealand, were federated under the name of the 'Commonwealth of Australia', the designation of 'Colonies' - except in the case of the Northern Territory, to which the designation 'Territory' applied - being at the same time changed to that of 'States'.

The precursor to this amalgamation was a lot of political negotiating, known first as the National Australasian Convention and then as the Australasian Federal Convention, viz.

LAW Official record of the debates of the Australasian Federal Convention;
342.9420424 ed. by G. Craven Sydney, Legal Books, 1986
NATI
Contents
vols. 1-5 Official reports of 1891, 1897 & 1898
vol. 6 Commentaries, indices and guide

PARLIAMENTARY GOVERNMENT - Scheme of Parliamentary Government

Under section 1 of the Australian Constitution, the legislative power of the Commonwealth is vested in the Parliament, which consists of the Sovereign, the Senate and the House of Representatives. The Sovereign is represented throughout the Commonwealth by the Governor-General who, subject to the Constitution, has such powers and functions as the Sovereign is pleased to assign to him. In the Commonwealth Parliament the Upper House is known as the Senate, while the Lower House is known as the House of Representatives. The extent of the legislative powers of the Commonwealth Parliament is defined by the Australian constitution.

The Enactment/History of Commonwealth Parliament Legislation

The legislation passed by the Commonwealth Parliament between 1901 and 1973, and which was then still in operation, is published in a consolidated form entitled Acts of the Parliament 1901-1973. Since 1974, annual volumes of Acts have also been published. The consolidation contains a chrono- logical table of Acts passed from 1901 to 1973, showing how they are affected by subsequent legislation or lapse of time, together with a table of legislation of the Commonwealth Parliament passed from 1901 to 1973 in relation to the several provisions of the Australian Constitution. Reference should be made to these for complete information.

SOURCE: Year Book Australia, 1989.

Top

Appendix 2

THE ESTABLISHMENT OF THE STATES OF AUSTRALIA

1. Overview
2. Australian Capital Territory
3. New South Wales
4. Northern Territory
5. Queensland
6. South Australia
7. Tasmania
8. Victoria
9. Western Australia

1.Overview

Settlement

With the exception of the A.C.T. all the Australian States were settled and had acquired responsible government before the establishment of the Commonwealth of Australia. In almost every case before receiving fully responsible government there was an Upper House consisting either wholly or partly of nominated rather than elected members. Some historical dates are shown in the following table:

AUSTRALIA: COMPONENT STATES AND TERRITORIES

a) As part of N.S.W. in 1855; as a separate colony in 1859
b) Previously part of N.S.W.; brought under the jurisdiction of South Australia in 1863; transferred to the Commonwealth in 1911.
c) Previously part of N.S.W.

Parliamentary Government

At the time of Federation in 1901 the 6 Ausn. states ceded many of their powers on matters of national importance (e.g. international affairs and defence) to the Commonwealth. For all practical purposes the various State parliaments may today legislate 'for the peace, welfare and good government of their State in all matters not specifically reserved to the Commonwealth Parliament. Where any inconsistency arises between C'wealth and State laws, the State law is invalid to the extent of the inconsistency'
SOURCE: Year Book Australia 1986.

Top

2. Australian Capital Territory

Until the establishment of the Commonwealth, the A.C.T. was merely part of N.S.W. Section 125 of the Commonwealth Constitution Act of 1900 provided that the Federal seat of government should "be situated in New South Wales not less than 100 miles from Sydney... After considerable controversy an area of about 2330 square kilometres in the Yass-Canberra district was chosen in 1908". Walter Burley Griffin's plan for Canberra was gazetted in 1918, the Federal Parliament House was opened in 1927 and a part-time Advisory Council was established in 1930 to advise the Minister in relation to matters affecting the A.C.T. In 1948 the A.C.T. elected its first representative to Federal Parliament, and in 1952 the number of elected members on the Advisory Council was increased from 3 to 5, giving them a majority over the appointed members.

In 1967, the A.C.T.'s population reached 100,000 and in 1974 Federal representation increased to two. A House of Assembly was formed in 1979, which ceased in 1986, one year aft the population of the A.C.T. had reached 250,000. In 1989 self-government was proclaimed and the first A.C.T. Legislative Assembly was elected in May of that year. Currently, it consists of 17 full-time members, who serve a fixed 3-year term.

SOURCES: Australian Encyclopaedia 3rd ed. 1977
& A.C.T. Statistical Summary, 1992 A.B.S.

3. New South Wales

On the foundation of New South Wales as a British penal settlement on 26 January, 1788, the Governor, under his Commission and Letters Patent, was empowered to make ordinances. In 1823 an enactment of the Imperial Parliament provided for the creation of a Legislative Council with a minimum of five and a maximum of 7 members, nominated by the Governor. This Council acted as an advisory body to the Governor. In 1828 its membership was increased to 15 and its functions were extended.

In 1843 a measure of direct representation was given to the people of the Colony by means of an Imperial enactment, which extended the membership of the Legislative Council of 36, to comprise 12 nominees of the Crown and 24 members elected by the people. Eight years' experience of partly representative government proved the necessity for a democratic Constitution and a fully responsible government which was finally conferred on the people of N.S.W. in 1855.
SOURCE: N.S.W. Year Book 1921.

4. Northern Territory

In 1825 the Northern Territory was incorporated in N.S.W. and in 1863 it was transferred to South Australia. The S.A. Government conferred parliamentary franchise on the N.T. in 1890 by including it in the S.A. electorate of Grey, which meant that at Federation the N.T. had representation in the Commonwealth Parliament.

In 1911 the Northern Territory was formally transferred to the C/wealth of Australia and an Administrator with a staff of nine was appointed. In 1923 the N.T. was granted federal representation in the House of Representatives. In 1947 the first election of the N.T. Legislative Council was held. However, there was still an Administrator and 7 official members cf. 6 elected members. In 1968 this was changed to 11 elected and 6 nominated members. Finally, in 1974 the Legislative Council was replaced by a Legislative Assembly comprising 19 elected members and from 1977 the Federal Government began to hand over certain functions to the Legislative Assembly.
SOURCE: Northern Territory Statistical Summary 1990.

5. Queensland

An Order in Council of June 1859, made under the N.S.W. Constitution Act of 1855, established the Queensland Legislative Council and Legislative Assembly, which met for the first time on May 22 1860. The Legislative Council was abolished by the Constitution Act Amendment Act of 1922.

7. South Australia

A Legislative Council existed from 1842-1856. In 1856 a bi-cameral Parliament was established, consisting of an Upper House, the Legislative Council, and aLower House, the Legislative Assembly.

8. Tasmania

The N.S.W. Act of 1823 gave the Crown power, by Order in Council, to separate Van Diemen's Land from New South Wales. In June 1825 this separation occurred and a nominated Legislative Council was constituted.

The passage of the Australian Constitution Act of 1850 in London empowered the existing Council to establish a new, partly elected Council, with the power to substitute for itself a bicameral legislature. Accordingly, the Legislative Council passed the Tasmanian Constitution Act in 1854 which established a Legislative

Council and a House of Assembly, and came into being in December 1856.
SOURCE: Tasmanian Year Book, 1986

9. Victoria

Prior to July 1851, the district known as Port Phillip formed part of the Colony of New South Wales. The Victorian Electoral Act of 1851 provided for the establishment of a partly elected Leglisative Coucil independednt of NSW. In 1855 a Bill was passed to establish a Constitution of Victoria and a bicameral leglislature, the Legislative Coucil and Legislative Assembly, which met for the first time in November 1986.

10. Western Australia

A nominated Legislative Council existed from 1829. In 1870 this was replaced by a partly elected Council and in 1890 a bi-cameral Parliament was established consisting of an Upper House, the Legislative Council, and a Lower House, the Legislative Assembly.