Chapter 3

How new legislation relates to the existing law

This is a single section from Chapter 3. Read the full chapter here.

Part 5

Have any interactions between the common law and the new legislation been identified and addressed?

Any conflict or interaction between new legislation and the common law should be considered in the new legislation.

New legislation can alter, work in parallel with, or entirely override the common law. When developing new legislation it is important to consider how the legislative proposal interacts with the common law and whether any aspects of the relationship between the Act and common law should be clarified.