Frequently Asked Questions

1.1 I have found a wrong (or acontextual) link!

This is the product of the massively automated "markup" software used by AustLII to insert hypertext links. The software is essentially heuristic in nature - that is, it makes 'intelligent guesses' and therefore also makes the occasional mistake, such as a link to the section of an incorrect Act where the context of the case does not make it clear which Act is referred to. Many of these mistakes relate to the nature of the English (and particularly legal) language. We continue to improve the heuristics used by the markup software.

1.2 I have found a broken link!

Broken links (ie links which produce a file not found message) can usually be fixed and should be reported to AustLII Feedback, with details of the URL of the page where the link is located and what you expected to find.

Note that we cannot fix broken links which are not located on our web site.

1.3 How do you do the hypertext markup?

The software to mark up AustLII's databases is the result of a number of years of development. The heuristic rules that it embodies continue to be refined to deal with the nuances of the various databases available via AustLII.

1.4 Why is the alphabetic list of cases wrong?

The alphabetic list of cases which is available from the opening pages of some databases is generated automatically from the cases in the database. Unfortunately this may mean that the list of cases is not as useful as it might be, since case names provided by courts and tribunals can include first names and other details.

If you do not find a particular case name by browsing the alphabetic list:

• use the [Case Name Search] facility from the Case Database Index page; or
• use the Search AustLII page, choose the "this case name" find option, and select the relevant case database(s) to search.

1.5 How do I find the XYZ Act or Regulation?

• Using Autosearch: The simplest way to find an Act or a section an Act is to just type the name and or section reference into the search box on the AustLII opening page. Austsearch will detect this and will diplay a list of matching legislation from all jurisdictions.
• Browsing: If you know the jurisdiction (ie Commnwealth, NSW etc) name of the Act or Regulation for which you are looking, the best approach may be to browse for it by clicking on the relevant jurisdiction from the AustLII Databases page, choosing the appropriate act or regulation database, and then selecting from the alphabetical list.
• Searching: If you do not know the jurisdiction (ie Commonwealth, NSW etc), but know the name of the Act or Regulation for which you are looking, go to the Search AustLII page, set your find type to this legislation name and select "All Legislation Databases" for the databases to search. If you do know the name of the jurisdiction, then select the appropriate database (eg "NSW: All Legislation").

1.6 How up to date is the XYZ database?

The simplest way to check database currency is via the "Update Status" links on the front page.

1.7 Does AustLII publish an authorised version of XYZ?

The reproduction of legal materials on AustLII is always with copyright and data permissions of the Courts or Legislatures. However, this permission should not be read as having granted 'authorised' status to the AustLII published version.

1.8 When will materials from XYZ be added to AustLII?

We are always negotiating for the addition of new materials to the AustLII databases. There is a recognised advantage in the use of comprehensive sources when undertaking legal research, and we aim to make AustLII the most comprehensive resource for Australian legal research.

If you work for a court or tribunal that does not have its materials published on AustLII then we encourage you to contact us at AustLII Feedback to discuss arrangements. If you'd like to see a particular court or tribunal on AustLII then contact the court or tribunal and suggest to them that they publish on AustLII.

1.9 How do you choose the cases which will be reported?

AustLII does not choose which cases will be reported. For some Courts/Tribunals AustLII holds every case decided, for others we hold significant decisions (as selected by the Court), and in others we hold only reported cases. There are very few databases on any other service (electronic or paper based) which include all the decisions of a particular court.

If AustLII's coverage does not include a case you need, you may be able to get it at one of the commercial legal publishers' online subscriber services, your local public library or your nearest university law library.

1.10 The publication of the XYZ case is a breach of my privacy. Will you remove it?

This is not an argument with AustLII, but with the nature of our legal system itself. It is a basic feature of our system of justice that courts and tribunals conduct their hearings in public and that they publicly report their reasons for judgment. There are only some very narrow exceptions to this principle (victims of crime in certain types of offences or cases involving children for example).

There are two main reasons for the transparency of the Anglo-Australian system of justice:

• it is seen as a safeguard against abuse of power by the courts; and
• it allows for consistency of decision making (and for the operation of our doctrine of precedent).

AustLII is only one of the mechanisms by which courts and tribunals publish their decisions. Many are also reported in a number of paper-based series of law reports, on subscription CD-ROM by commercial legal publishers, and on commercial legal publishers' own subscription-based websites. These publications are available in most Law Libraries and the legal section of some of the larger public libraries around Australia.

If you still feel that you'd like to have the case removed from AustLII's website, then AustLII has some procedures in place to deal with your request:

1. First, contact AustLII at AustLII Feedback and let us know the exact location of the case (or cases) that you would like removed.
2. Without waiting for a reply from AustLII, immediately contact the Registrar of the court or tribunal which handed down the decision (see the WhitePages for contact information). Let them know that you want either a suppression order on the case or for your name to be removed. Provide full contact details as well as case numbers, citation and decision date.

Let us know that you have contacted the court or tribunal.

If the court or tribunal agrees to your request they will contact us directly with a suppression order or a new version of the case with your name replaced by an initial. Please be aware that each court and tribunal will have specific guidelines on the cicumstances in which this will be done.

1.11 When are you going to provide transcripts of cases?

At present, transcripts of most cases are only generated from tapes on demand, at some cost. We are not currently planning to provide transcripts of cases as a general service.

However, the High Court provides AustLII with transcripts of proceedings. The transcripts date from 1996 and can be found at the High Court of Australia Transcripts database page.

1.12 Who inserts medium neutral citations in Court and Tribunal decisions?

Where a citation in a decision of a Court or Tribunal is missing the medium neutral version, AustLII uses an automated system based on LawCite to insert the medium neutral citation. This results in the occasional insertion of an incorrect medium neutral citation. For more details, see the LawCite help documentation

2.1 How can I find the context of a search term?

After search results have been returned, pick the document you want to look at. At the top of the page will be a link called [Context] -- if you click on it, it should indicate where in the document your search term occurred. Click on the up and down arrows next to each highlighted search term to navigate through the document to see where else your search terms appear.

2.2 How do I find materials which refer/link to what I am viewing?

In the case of legislation and High Court cases, persistent references allow you to easily find links to the document you are viewing. This is accomplished simply through the use of the [Noteup] link at the top (or bottom) of the document you are viewing. The use of this link will generate a search for references to the document you are viewing.

2.3 Why isn't search working properly?

In 99.99% of cases that someone has suggested that the search engine is broken or not working properly when using the "all of these words", "phrase" or Boolean find types, the problem is that the person either (a) has forgotten about the existence of the common word list, or (b) is not aware of the common word list. For an explanation of the common word list, see the answer to Q2.4 below. To include common words in searches, prefix these with a '+' or '#' character.

2.4 What are the common words in SINO?

"Common words" are words that are not indexed by the search engine as they occur so often as to be practically useless search terms. As common words are not indexed, you cannot search for them. Common words are stripped from searches before they are undertaken to improve speed and efficiency. The current list of common words is available at the common words help page. To include common words in searches, prefix these with a '+' or '#' character.

2.5 Where does the SINO search engine come from?

The SINO search engine was written by Andrew Mowbray especially for AustLII. It is a free text retrieval engine intended for use with httpd and other embedded applications.

2.6 Can I get SINO?

SINO is Free Open Source Software. If you'd like a copy, contact Andrew Mowbray at andrew@austlii.edu.au.

3.1 AustLII seems very slow!

There are usually two bottlenecks between AustLII and Australian end users…

1. Your Internet Service Provider (ISP): It is common practice in the ISP business to oversell bandwidth. This means that your ISP is trying to cram as many users as possible onto their connection to the Internet. This usually means that your connection slows down.
2. The Optus (AARNet) Backbone: For the technical souls out there, AustLII equipment is connected to the outside world via the University of Technology, Sydney which is also the home of the Sydney Regional Network Organisation. This means that AustLII has very fast access to the AARNet 2 Backbone.

4.1 How do I download a file?

Where available, use the [Download] link at the top of a document. This will provide a menu of download formats. Choose "RTF" in preference to "plain text" where it is available.

See generally, the Downloading files help pages.

4.2 Which browser is best for viewing AustLII?

AustLII materials can be displayed with virtually any browser. Most users currently use Mozilla Firefox or Google Chrome.

4.3 Can I download an entire Act/database in HTML?

Entire Acts and regulations are available in a single file by using the [Download] link available at the at the top (and bottom) of the Table of Provisions and at the top (and bottom) of each section of the Act or Regulation. See further Legislation Help.

4.4 Can I access AustLII materials via FTP?

No; HTTP provides a similar level of functionality to anonymous FTP and is implemented more securely. FTP of AustLII materials is not planned for the future.