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Citing and referencing: Legal sources

A guide to the styles recommended by Monash schools and departments for students and researchers

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Legal sources

Bill
*Bills are cited in-text by title
*legislation should be referenced as if in print even if viewed electronically

Reference list Parliament of Victoria 2011, Children’s services Amendment Bill 2011
*to cite legal sources outside Australia, include the country
*list Acts/Bills alphabetically in a separate section of your reference list (see Appendix D)

Paraphrasing - Author prominent

Children’s services Amendment Bill 2011, S.45A indicates that the Secretary can cancel a service approval for a number of reasons.
*pinpoint the specific information
Paraphrasing - Information prominent The cancellation of a service approval by the Minister is possible for a number of reasons (Children’s services Amendment Bill 2011, S.45A).
*pinpoint the specific information
Quoting - Author prominent Children’s services Amendment Bill 2011, S.45A states that, 'the Secretary may decide to cancel a service approval to the extent it relates to an approved associated children's service'.
*pinpoint the quote
Quoting - Information prominent The Secretary may decide to cancel a service approval to the extent it relates to an approved associated children's service (Children’s services Amendment Bill 2011, S.45A).
*pinpoint the quote  

 

Act of Parliament
*Acts are cited in-text by title
*legislation should be referenced as if in print even if viewed electronically

Reference list Aboriginal and Torres Strait Islander Act 2005 (Cwlth)
*list Acts/Bills alphabetically in a separate section of your reference list labelled Legislation (see Appendix D: sample reference list)

Paraphrasing - Author prominent

First in-text citation:
In Section 142R (1A) of Aboriginal and Torres Strait Islander Act 2005 (Cwlth) the circumstances under which the Minister may fix the eligible number for the TSRA are outlined.
In subsequent in-text citations:
Aboriginal and Torres Strait Islander Act
Paraphrasing - Information prominent In subsequent in-text citations:
In specified circumstances the Minister is able to fix the eligible number for the TSRA (Aboriginal and Torres Strait Islander Act s.142R (1A).
*pinpoint the specific information
*Aboriginal and Torres Strait Islander Act for second and subsequent citations ONLY
Quoting - Author prominent In subsequent in-text citations:
In Aboriginal and Torres Strait Islander Act s.142R (1A), it is stated that, 'the Minister may fix the eligible number for the TSRA by notice in the Gazette.'
*pinpoint the quote
*Aboriginal and Torres Strait Islander Act for second and subsequent citations ONLY
Quoting - Information prominent In subsequent in-text citations:
'The Minister may fix the eligible number for the TSRA by notice in the Gazette.' (Aboriginal and Torres Strait Islander Act s.142R (1A).
*pinpoint the quote
*Aboriginal and Torres Strait Islander Act for second and subsequent citations ONLY   
Reference list

Children, Youth and Families Act 2005 (Vic)

Paraphrasing - Author prominent First in-text citation:
Section 16 (4) of Children, Youth and Families Act 2005 (Vic) explains the kinds of services to assist with the transition to independent living.
In subsequent in-text citations:
Children, Youth and Families Act (do not need to include state or commonwealth details or year)
Paraphrasing - Information prominent In subsequent in-text citations:
There are a number of services and resources that need to be in place to support this transition (Children, Youth and Families Act s.16 (4).
*pinpoint the specific information
*Children, Youth and Families Act for second and subsequent citations ONLY
Quoting - Author prominent In subsequent in-text citations:
In Children, Youth and Families Act s.16 (4b), states that this may be 'depending on the Secretary's assessment of need'.
*pinpoint the quote
*Children, Youth and Families Act for second and subsequent citations ONLY
Quoting - Information prominent In subsequent in-text citations:
'Depending on the Secretary's assessment of need.' (Children, Youth and Families Act s.16 (4b).
*pinpoint the quote
*Children, Youth and Families Act for second and subsequent citations ONLY   

 

Case
*cases are cited in-text by title
*cases should be referenced as if in print even if viewed electronically

Reference list Metro Trains Melbourne Pty Ltd v Marotta [2012] FWA 432
*list cases alphabetically in a separate section of your reference list labelled Cases (see Appendix D: sample reference list)

Paraphrasing - Author prominent

Metro Trains Melbourne Pty Ltd v Marotta [2012] FWA 432 is a precedent related to aggressive behaviour on trains.
Paraphrasing - Information prominent The issue was decided with a three month ban on entry to Metro trains for the passenger (Metro Trains Melbourne Pty Ltd v Marotta [2012] FWA 432, para. 90).
*pinpoint the specific information
Quoting - Author prominent In Metro Trains Melbourne Pty Ltd v Marotta [2012] FWA 432 it was argued that the relevant act 'provides forceful discouragement of misuse of the right' of entry (para. 83).
*pinpoint the quote
Quoting - Information prominent It was found that the behaviour was 'a misuse of the Respondent's statutory right of entry' (Metro Trains Melbourne Pty Ltd v Marotta [2012] FWA 432, para. 82).
*pinpoint the quote  

 

 

Treaties

  • Treaties may be defined as an international agreement concluded between Countries (sovereign States), governed by international law.
  • They may also be referred to as conventions, international agreements, covenants, international instruments, charters and protocols.
  • Treaties may be bi–lateral (between two Countries) or multi–lateral (covering three or more Countries).


* cited in-text by title
* should be referenced as if in print even if viewed electronically

Example: Convention on the Rights of the Child
Reference list

 

Convention on the Rights of the Child (CRC) 1989, (resolution 44/25), opened for signature 20 November 1989, entered into force 2 September 1990. 

*include initials in round brackets only if the source is cited more than once in-text
*only include the entered into force date if this date is different to the date the treaty was made open for signature
*list alphabetically in a separate section of your reference list labelled Treaty/Convention (see Appendix D: sample reference list)

Paraphrasing - Document prominent

The Convention on the Rights of the Child (1989) argues that ……..

Or if paraphrasing from a particular Article in the document

The Convention on the Rights of the Child (1989, art.10) argues that ……..

*pinpoint the information
* shorten Article to art.
*if you have only one in-text citation to a source in your work, you must use the full document name (no initials or abbreviations and it should be italicised)


 

Paraphrasing - Information prominent

The purpose is to ensure that there is adequate protection for the vulnerable (Convention on the Rights of the Child [CRC] 1989).

Or if paraphrasing from a particular Article in the document

The purpose is to ensure that there is adequate protection for the vulnerable (Convention on the Rights of the Child [CRC] 1989, art.12).
*pinpoint the information
*shorten Article to art.
*first of two or more citations include full name and initials in square brackets


 

Quoting - Document prominent

The CRC (1989, art.12) states that ‘children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account’.

*pinpoint the quote
* shorten Article to art.

*initials for the second and subsequent citations ONLY otherwise full name

Quoting - Information prominent

It is of particular importance that ‘children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account’ (CRC 1989, art.12).

*pinpoint the quote
* shorten Article to art.
*initials for second and subsequent citations ONLY

Example: Universal Declaration of Human Rights

The Universal Declaration of Human Rights is not a treaty, so it does not directly create legal obligations for countries. The Universal Declaration has given rise to a range of other international agreements which are legally binding on the countries that ratify them. These include:

·         the Convention on the Rights of the Child 1989

·         the Convention on the Rights of Persons with Disabilities 2006

see:https://www.humanrights.gov.au/publications/what-universal-declaration-human-rights

Reference list

Universal Declaration of Human Rights (UDHR) 1948, (resolution 217 A), adopted 10 December 1948.

*include initials in round brackets only if the source is cited more than once in-text

Paraphrasing - Document prominent

The Universal Declaration of Human Rights (1948) argues that without respect for basic humanity, violence and torture could be justified in many countries.

*if you have only one in-text citation to a source in your work, you must use the full document name (no initials or abbreviations and it should be italicised)

Paraphrasing - Information prominent

It is asserted that there must be mutual understanding of these rights among nations (Universal Declaration of Human Rights [UDHR] 1948).

*first of two or more citations include full name and initials in square brackets

Quoting - Document prominent

The UDHR (1948, art.2) states that 'everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status'.

*pinpoint the quote
* shorten Article to art.
*initials for the second and subsequent citations ONLY
 

Quoting - Information prominent

The basis on which claims rest is, 'everyone has the right to life, liberty and security of person'  (UDHR 1948, art.3).

*pinpoint the quote
*initials for second and subsequent citations ONLY