This action might not be possible to undo. Are you sure you want to continue?
Introduction Materials Related to Law Working Documents
[10.1] There are tertiary sources of law, although this is more a term of convenience than science. It is a useful, if not totally apt, expression coined to cover two classes of texts: (1) Any publications that are involved in working with law in addition to primary and secondary sources. (2) Documents generated and drafted by lawyers when working with law.
Materials Related to Law
(2) Any other publications that are involved in working with law. These consist of materials which are not strictly sources of law but which are related to law in some way. [11.1] There are some materials related to law that are not strictly sources of law but are still sought in legal research because of their connection with law. (i) Some of the most obvious examples are the research materials. (ii) Some examples, which will be briefly considered here, are government publications, parliamentary publications, law reform commission reports, law lists and almanacs, and some on line sources. (iii) Other examples, which are not considered, here are political and commercial information, information about legal employment and continuing legal education, and government and corporate records. Obviously, though, it is important to be familiar with any of these materials that are relevant to your work. Government Publications [11.2] Government publications refer to government publication of material other than of primary sources of law. Their relevance to law is obvious. Law is made, administered and adjudicated upon by governments. Hence, much information about law will be in government publications.1
1 For discussion of government publications see Borchardt (1979) and Coxon (1984) 1
7] Bills are not generally published in bound works. and whole books have been devoted to describing how access may be had to them.3] Each government has its own publishing service .which has retail outlets in capital cities. a useful guide to registers and records is Georgia Seaton Directory of Registers and Records in New South Wales (Longman Professional). addresses. For lower houses these are called votes and proceedings. Parliamentary Publications [11. Hansards initially appear in pamphlet form. record the day to day business of the Houses of Parliament. Works giving access to government publications are – Howard Coxon Australian Official Publications (Pergamon Press). For New South Wales. Because of provisions in some Interpretation Acts directing courts to look for the purpose or object underlying legislation.4] Parliamentary publications refer simply to a range of material published by parliament. are relevant to the function and work of parliament. Materials and Methods and it is not therefore proposed to give a comprehensive treatment here. records of divisions. and for most upper houses they are called journals.2 Chapter 10 Tertiary Sources of Law [11. and orders for papers.6] Votes and proceedings. a nineteenth century publisher of debates of the United Kingdom parliament. DH Borchardt Australian Official Publications (Longman Cheshire). parliamentary librarians usually make bound copies of those bills that reach the second reading stage. Parliamentary Debates (Hansards) [11. and Michael Harrington The Guide to Government Publications in Australia (AGPS). Government publications cover an enormous range of materials. are now of practical use. registers of Bills.although some have been privatised . but the reports are finally bound and indexed. Bills [11. They contain minutes of proceedings.5] Hansards refer to the official transcript of debates and proceeding in parliament. In addition. Votes and Proceedings (Journals) [11. or if not published by parliament. and journals. and such items as lists of members. but pamphlet copies of current or recent bills may be sold at government bookshops. especially Hansard. They are named after Thomas Hansard. the National Library of Australia has a . Further. and orders for the day. and may be made available by the member who made the speech in the house. these publications. Both government publications and their access literature are well covered in Enid Campbell et al Legal Research. notice of questions and motions.
When they have considered a law reform reference from the government they publish a report (which may be preceded by a working paper or preliminary report). and in some cases illustrating its operation. For more recent news concerning law reform check Reform that is a . Those of most direct interest for policy studies are reports of committees of parliament and other inquiries which precede or investigate legislation.9] When a paper is presented or tabled in parliament. Copies can also be obtained from government bookshops.Chapter 10 Tertiary Sources of Law 3 collection of all bills introduced in Commonwealth and state parliaments since 1904. may be accompanied by an explanatory memorandum.8] Rules and standing orders regulate the conduct of business in parliament." and from 1991 under "Other Material" in the Australian Current Law .10] An Act.12] Law reform commission reports are widely referred to in the legal literature. Rules and Standing Orders [11. parliament may order that it be printed. An explanatory memorandum will normally go through the Act section by section explaining what each section means. although their utility is diminished by the fact that only a proportion of law reform commission proposals are acted on. Even more important. Law Reform Commission reports are indexed in Australian Current Law until 1991 under the heading "Law Reform" in title "28 Statutes and Legal Interpretation. Further information can be obtained from the law reform commissions who usually have copies for sale. These can be useful in explaining the function of an Act. Another index to law reform commission reports is The Law Reform Digest 1910-80. Parliamentary Papers [11. Those papers that are printed are called Parliamentary Papers. Frequently these reports will include a draft bill. [11.Reporter. Law Reform Commission Reports [11. especially if it is an original Act and not an amendment. Explanatory Memoranda [11. These reports are one of the most exposed forms of policy making available. They are also indexed under the title "Law Reform" in the Australian Legal Monthly Digest. Parliamentary Papers cover a wide range of topics. 1980-85 (AGPS).11] Each jurisdiction has a law reform commission whose function is to consider matters of law reform. they are used for interpreting the legislation. They are usually published under the auspices of their parent house.
The database can also be used to store other information such as seminar papers and useful 2 There is constant complaint that documents are difficult to read. though. In some cases a tertiary source just contains law. In other cases. once the document is prepared it should be stored as a precedent because there is the chance or even the likelihood that the same point may come up again. and details of their circuits and offices. contracts.4 Chapter 10 Tertiary Sources of Law regular bulletin of law reform news. Such a list could also be of interest to those who research social aspects of law. wills.14] A significant and growing body of information is available electronically via the Internet. . jurisdictions. pleadings. views and information. Examples are opinions. Law Lists and Almanacs [11.13] It can sometimes be convenient for a practitioner to have a list of solicitors and barristers in his or her jurisdiction.2 A lawyer spends a great deal of time and effort to preparing these documents. an example being an opinion. and other. affidavits and letters. a tertiary source is part of a process for changing a client’s legal position. produced by the Australian Law Reform Commission. Working Documents [10. This involves two things. Frequently this time and effort involves legal research. for example the dates and times of court sittings. First. Most major legal institutions and Government organisations provide access to this information via their respective home pages. This information is found in publications available in most jurisdictions that are called law lists and almanacs. To preserve the benefit of this time and effort. an example being a will or a contract. For advice on how this might be rectified see Willis (1978).2] Tertiary sources include documents generated and drafted by lawyers when working with law. For example. For details of organisations concerned with law there is the Australian Legal Directory. Much of this information is available free of charge and is relevant to law. it is necessary to enter the document into a database of precedents. published annually by the Law Council of Australia. These also have other information of interest to practitioners. he or she may want work done in another place. Internet [11.
eg drafting contracts and pleadings. it is necessary to index the database to enable you to access the material. 3 Another excellent overview of computing application to law office management can be found in Derek Hamill Legal Computing Handbook published in 1993 by the Law Society of New South Wales. most firms will store their precedents in a central depository or database to enable other lawyers to access them when required. except to the extent that some legal publications contain precedents for various legal tasks. Second.3 [10.3] Tertiary sources do not feature in general legal research. Thus tertiary sources are largely in house affair. These legal publications may be books or encyclopedias that collect and organise precedents. Subject to this. their main significance is in law offices where they assume prominence .as explained above. . or they may be a text or looseleaf service dealing with an area of law from the point of view of practitioners.Chapter 10 Tertiary Sources of Law 5 items from professional journals. This is why discussion of research is largely about primary and secondary sources.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.