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Researching and ReferencingActs & Legislation

Semester 1, 2013

Jan Coe, Librarian

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• How and where to begin general research

• Finding Acts and Legislation

• Referencing Acts and Legislation

What this session will cover:

3Where to start your general research…

The Library Website - your "research portal" where you can find: Library online catalogue - books are the best places

to get general overviews, background information, and in-depth treatments of your topic.

Subject Guides – online guides that list keywords and phrases for searches, journals, and relevant websites

Online databases - the best places to get articles on events or topics; can range from brief and/or very localized reporting to substantial analyses and commentaries.

Oil modules – online tutorials on searching for information, evaluating information, and essay writing.

4Tips for searching general information

Understand the assignment – what are you being asked to do?

e.g. Compare? Contrast? Describe? Outline?

Identify the concepts (main ideas)

e.g. “Find reputable sources that describe and contrast different types of legislation in Australia

Translate the topic into concepts and keywords:

Australia Legal research

sources or Australia

legislation subject guides

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What is an Act?

An ACT is legislation passed by the Parliament. Acts, (not including Schedules to Acts) can only be amended by another Act of Parliament. Acts set out the broad legal/policy principles.

State Law Publisher. (2013). Differences: Acts and regulations. Retrieved from

http://www.slp.wa.gov.au/faq.nsf

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What is ‘subsidiary legislation?

REGULATIONS, RULES, CODES etc. are commonly known as "subsidiary legislation" and require publishing in the Government Gazette to become legal. These are the guidelines that dictate how the provisions of the Act are applied. They may also contain pro forma official forms that are required under the Act. Regulations and schedules to Acts can only be amended by a notice published in the Government Gazette.

Generally, if its the legal/statement of Law that you want, then it is the Act that is required. If it is implementation detail, then the Regulation is required.

State Law Publisher. (2013). Differences: Acts and regulations. Retrieved from

http://www.slp.wa.gov.au/faq.nsf

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Where to find law & legislation

State Law Publisher (WA)http://www.slp.wa.gov.au/Index.html

ComLawhttp://www.comlaw.gov.au/

Austlii – Australasian Legal Information Institute

http://www.austlii.edu.au/

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Read this first...

http://www.department.dotag.wa.gov.au/_files/How_to_read_legislation.pdf

Parliamentary Counsel’s Office. (2011) How to read legislation, a beginner’s guide. Retrieved from http://www.department.dotag.wa.gov.au/_files/How_to_read_legislation.pdf

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State Law PublisherClick here to access information on WA Acts and subsidiary

legislation

http://www.slp.wa.gov.au/Index.html

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Commonwealth Acts and Legislation - ComLaw

http://www.comlaw.gov.au/

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AUSTLII(Australian Legal Information Institute)

http://www.austlii.edu.au/

HELP! http://www.austlii.edu.au/austlii/help/firsttime.html

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Search exercise – 15 min.

With a partner (or on your own) look for one of the following Acts in SLP, ComLaw, or AustLII:

The Mental Health Act 1996 (WA)What is the section number for Informed Consent?

Privacy Act 1988 (Cth)What is the section number for Application of Information Privacy Principles?

Copyright Act 1968 (Cth)What is the section number for Duration of Copyright in original works?

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Referencing legislative material (Acts, etc.)

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What is Referencing? Referencing is a standardized way to

acknowledge the sources of information (and ideas) that you have used in your written work

The APA style is used at Central Institute of Technology

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When do you have to reference?If you: quote (use someone else’s exact words) copy (use figures, tables, graphics,etc) paraphrase (convert someone else’s ideas

into your own words) summarise (use a brief account of someone

else’s ideas).

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What is paraphrasing?

Paraphrasing means to restate accurately and concisely in your own words something you have read.

If you refer to specific ideas on particular pages of a resource, you need to include page numbers.

If you refer to general themes mentioned throughout the resource, page numbers need not be shown.

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Why paraphrase?

Paraphrasing shows that you have understood the passage you are referencing and can put it in your own words in a coherent manner.

Paraphrasing is an alternative to quoting directly, but as the paraphrase is still dependent on someone else's ideas, the source material must be referenced.

Communications Learning Centre, Paraphrasing, Retrieved fromhttp://clc.cqu.edu.au/FCWViewer/view.do?page=853

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What if you don’t reference?

You commit plagiarism!

Plagiarism is the term used when you copy another person’s ideas or opinions as your own and don’t acknowledge the original source of the information

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Referencing is made up of in-text and

end-text references An in-text reference is the shortened version of the reference that you incorporate into the body of your report or paper.

An end-text reference is the full citation that gives enough information about the source so that someone can find it on their own.

You always have to have BOTH

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Because APA is an American citation style, it does not have details on referencing Australian legislation. For this reason, some universities prefer to use the AGLC as the legal citation guide; however, Central uses APA for all disciplines.

Link to a view-only pdf of the AGLC:

http://www.law.unimelb.edu.au/469B9330-4CA2-11E2-95000050568D0140

APA vs. Australian Guide to Legal Citation – ‘AGLC’

22 Your one-stop guide to referencing is accessed via the

Library website

http://campusguides.dtwd.wa.gov.au/central-apa

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Basic format for an in-text reference to an Act

The Flexible Dealing provisions (Copyright Act 1968) have been a boon to students and libraries.

Basic format for an end-text reference to an ActCopyright Act 1968 (Cth) Retrieved from

http://www.comlaw.gov.au/

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Time to practice – 20 minutes

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Automated referencing tools

Microsoft WORD 2007http://office.microsoft.com/en-au/word-help/create-a-bibliography-HA010067492.aspx

Microsoft WORD 2010http://office.microsoft.com/en-au/word-help/create-a-bibliography-HA010368774.aspx?CTT=1

Mendeleyhttp://www.mendeley.com/

Endnotehttp://endnote.com/

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The main things to take away:

• Keep a list of your references as you are writing your report or paper or use the ‘References’ feature in MS WORD 2007 or 2010.

• If you’ve used an in-text reference in your report or paper, you MUST have the full reference in the Reference List

• ASK FOR HELP if you get stuck!

• Watch Central’s APA Referencing video on You Tube (highly recommended)

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BooksVickery, R. (2012). Australian business law: compliance and practice. Frenchs Forest, N.S.W.: Pearson Australia.

Macken, C.E. (2012). Law essentials: Foundations in Australian law. Pyrmont, N.S.W.: Thomson Reuters (Professionals) Australia.

Heilbronn, G. (2008). Introducing the law. Sydney: CCH Australia.

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Journal articles from online databases

 McNamara, L., & McIntosh, S. (2010). Confidential sources and the legal rights of journalists: rethinking Australian approaches to law reform. Australian Journalism Review, 32(1), 81-96. Retrieved from ihttp://web.ebscohost.com  Australia passes E-waste legislation. (2011). Business & the Environment, 22(7), 11-12. Retrieved fromhttp://web.ebscohost.com 

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Ebooks, Website, Act Walker, J. (2009). Accounting in a nutshell: Accounting for the non-specialist (3rd ed.). Retrieved from Retrieved from eBook Collection (EBSCOhost) Ferraro. J. (2012). Project management for non-project management managers. Retrieved from http://www.wactafe.eblib.com.au   University of Western Australia. (2013). Legal research guide: Legislation. Retrieved from http://guides.is.uwa.edu.au/legislation_research  Greenhouse and Minimum Standards Act 2012 (Cth). Retrieved from http://comlaw.gov.au