Uncommenced provisions in Western Australian legislation update

New information up on the Western Australian Legislation website [www.legislation.wa.gov.au]...

Provisions not yet in force
There has been a change to the way uncommenced provisions (including uncommenced amendments) in WA legislation are shown on this website. The changes have been made in response to feedback that the way uncommenced amendments have been shown may not make it clear enough that the amendments have not in fact commenced.

Principal legislation with uncommenced provisions
In the case of principal legislation, past practice was to indicate in the body of the legislation that certain provisions have not come into operation, and include in a note to the legislation the text of the uncommenced provisions. The text of the uncommenced provisions is no longer included in a note. Instead an “Uncommenced provisions table” is included that lists the uncommenced provisions and where they can be viewed. In the case of subsidiary legislation, to see the text of the uncommenced provisions, the user simply needs to look at the “as made” version of the subsidiary legislation on this website.

Principal legislation with uncommenced amendments
In the case of principal legislation where amendments have yet to commence, past practice was to include a table listing the amending legislation (or the provisions of the amending legislation) that have yet to commence, and also include in a note to the legislation the text of the amending provisions. The text of uncommenced amendments is no longer included in a note. Instead, an “Uncommenced provisions table” is included that lists the uncommenced amendments. To see the text of the uncommenced amendments, the user simply needs to look at the “as made” version of the amending subsidiary legislation on this website.

WA legislation and creative commons

From the Hansard of 13 November 2019, we have a report of a significant development in Western Australian legislation and its future use by the legal profession in Western Australia.

The relevant passage can be found on the WA Parliament website (page 8830 of 2019) and is excerpted below.


Statement by Attorney General

MR J.R. QUIGLEY (Butler — Attorney General) [12.03 pm]: I rise to inform the house of a change to the way that copyright applies to WA legislation and the WA legislation website. In June last year, while second reading the Legislation Bill 2018, I flagged my intention to consider relaxing the current approach, which is quite conservative and restrictive compared with other jurisdictions, such as the commonwealth, Queensland, South Australia and the United Kingdom. These jurisdictions take a more open approach to the re-use of legislative data. Their legislation websites are covered by what is known as creative commons, or equivalent licences, which enable users to share and adapt content for any purpose. 

The copyright notice on the WA legislation website currently warns that users can download and reproduce material from the website only for personal non-commercial use or non-commercial use within the user’s organisation. The scope of the permission is quite limited and, arguably, would not extend to a law firm printing material from a website as part of work undertaken for a client. Under the current policy, publishers can reproduce hardcopy only under certain circumstances and are required to give written notice to the state of their intention to reproduce a piece of legislation in published material. For electronic republication, individual publishers must negotiate separate licence arrangements with the state. 

I advise the house that I have approved the granting of creative commons licences for the WA legislation website and hardcopies of WA legislation. The adoption of the creative commons approach will reduce red tape because users will no longer need to obtain permission or a licence from the state to reproduce legislation. They will be able to copy and redistribute WA legislative material in any medium or format, and remix, transform and build upon the material for any purpose, including commercial. Users will still have to acknowledge the state of WA as the source of the material. The approach is also consistent with the WA “Whole of Government Open Data Policy”, which seeks to ensure that the state’s data and information resources are shared widely across government and the community.

ALLA(WA) Christmas breakfast 2019

The ALLA(WA) committee invites all ALLA(WA) members to a free breakfast at Miss Maud on Thursday 5th December 2019. We hope you can all make it. Please see the invitation below for more details. 

Non-ALLA(WA) members are very welcome to come and celebrate with us as well but they will have to pay for the breakfast.  

New look DoJ Law Library website now live

The new look of the Department of Justice's Law Library website went live today:

The link is also available on the Department’s website.

The website includes links to free resources where available, as well as the library catalogue.

Services marked with a padlock symbol are only accessible from onsite within the library.


ALLA (WA) members are invited to the ALLA (WA) Annual General Meeting on WEdnesday 23 October 2019 at DLA PIPER, Level 31 Central Park 152-158 St Georges Terrace commencing at 5:15pm.

Please RSVP your attendance via email to the  ALLA (WA) Secretary, Natalie McDonald by 5pm Monday 21 October 2019. If you have any dietary requirements please let Natalie know with your RSVP by email:  natalie.mcdonald@iinet.net.au

If you cannot attend, please complete the proxy form and email it to 2017/2018 ALLA (WA) Secretary Natalie McDonald, by 5pm Monday 21 October 2018.

Please find linked below the following documents:
·         2019 ALLA (WA) AGM Agenda
·         2019 ALLA (WA) AGM Proxy Form – to be completed by members who cannot attend the AGM

Posted on Behalf of

Stephen Griffiths alla (WA) PRESIDENT, 2018-2019

ALLA (WA) Easter breakfast 2019

ALLA (WA) would love to see members and anyone interested in becoming a member at our Easter breakfast. See the invitation below for more details. 

Please let us know with your RSVP if you intend to pay cash on the day or would like to make an electronic transfer.    

Copyright webinar - 13th March 2019

Just a reminder to all ALLA WA members that there is a copyright webinar being held by Greg Taylor and Hari Gavanahalli from the Copyright Agency on Wednesday 13th March at 1pm local time.

All members have been sent emails with instructions on how to access the webinar. If any member has not received an email please contact David McDowell at dmcdowell@jacmac.com.au