Key Concept Federal parliament has an important role to play in making law in Australia It must play a dynamic role in responding to changing political economic and social circumstances that often necessitate change to law ID: 318481
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1.6 – Federal Parliament and its characteristics and role in law making
Key Concept
Federal parliament has an important role to play in making law in Australia. It must play a dynamic role in responding to changing political, economic and social circumstances that often necessitate change to law.
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GSC Legal Studies 1/2 AOS 1 – 2015Slide2
1.6 – Federal Parliament and its characteristics and role in law making
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law
making(The Crown)
The crown is represented by the Queen of England’s representative Federally it is the Governor General (Peter Cosgrove)State Level – By the Governor
(Alex Chernov) The GG is appointed by the Government of the day and approved by the Queen
Traditionally it is the Queen or her representative who opens a session of Parliament with a speech to members of both houses. http://www.aph.gov.au/About_Parliament/House_of_Representatives/Research_and_Education/Work_of_the_Session
The crown is required to:
Sign Bills to give Royal Assent so they can become law
Appoints federal executive council
Establish departments of government
Appoint Ministers
Approve delegated legislation
To ensure that our democratic system of government operates effectively
Acts as head of state
Appoints judges to court
Dissolves the House of Representatives to bring about an election.At federal level only the GG has the authority to withhold Royal Assent to prevent a Bill from becoming law.
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law
making(House of Representatives)
The house of representatives acts as the ‘peoples house’ and members of the house are elected to represent the views of the Australian People.
Roles of the House of Representatives includes;Making laws by introducing bills, debating bills, amending bills and voting for bills
The government of the day is formed by winning the majority of seats. Controls government expenditure - Bills to raise or spend revenue can
only occur
in this house.
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law
making(House of Representatives)
It was envisaged that the lower house would represent the national interests rather than that of the states, which would be represented by the upper house. The lower house has been referred to as the ‘peoples house’ for this reason
The Commonwealth Constitution provides that the numbers in the House of Representatives (as far as practicable) should be twice that of the upper house. Each state should have no fewer than 5 members.
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law making
(House of Representatives)
Consists of 150 members49 NSW37 VIC29 QLD15 WA11 SA
5 TAS2 ACT & NT
The speaker presides over the house and is elected by the House of Reps and is an elected member of parliament from the House of Reps
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law making
(House of Representatives)
Government of the day is formed (Min 76 seats required)Party/coalition of parties with the majority of seats in the house forms government. Stays in Government for 3 years after the first sitting of the newly formed Parliament
Has the power to remove a dysfunctional government if confidence/support of Parliament has been lost.A Vote of all sitting members is required. Approx. 95% of all new legislation starts in this house.
Money bills MUST originate in this houseGSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law making
(House of Representatives)
CabinetAll ministers are members of the Cabinet, but in practice, the Prime Minister and Senior Ministers (Most Important Portfolios) form Cabinet.Responsible for the day to day running of the Country.
Cabinet is in a powerful position as it determines priority with the passing of bills. Cabinet decisions and deliberations are confidential and all ministers are expected to support (Publically) the decisions of Cabinet.
Currently 18 ministers and 1 prime minister form cabinethttp://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Parliamentary_Handbook/Current_Ministry_List
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law
making(Senate)
Senate Composition76 Senators – Represent the people of each separate state/territory12 Senators for each stateACT & NT have 2 senators each
GSC Legal Studies 1/2 AOS 1 – 2015
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1.6 – Federal Parliament and its characteristics and role in law making
THE SENATE
Senators are voted in for 6 yearsHalf of the senators retire every 3 yearsTerritory senators remain in term for 3 yearsPresided over by the President (Elected by the senators)
Senate FunctionsProvide equal representation for the states in the
Commonwealth ParliamentCalled the States House for this reason.Can introduce any bill (Except Money Bills) Very small number of Bills originate from the senateActs as a house of review. Senate can accept/reject/amend or request House of Reps to amend the bill.
It provides for a second opinion.
Scrutinise the activities of Government by a system of committees that review the administrative actions of Ministers
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1.6 – Federal Parliament and its characteristics and role in law
making(Senate)
Senate committees are responsible for investigating matters such as government administration/ policy performanceSelect committees – appointed as the need arises and are ceased once the task is
completed. They generally inquire into controversial or politically sensitive matters such as mental health and maritime incidents (Children overboard).
Joint Committees - established by both houses of parliament to work together on an issueStanding committees
– (8 in total) that oversee all areas of government activity.
Includes - foreign affairs, defence, industry and trade, social welfare, education, arts, science, technology, environment, constitution, legal affairs and national resources.
Standing committees are appointed at the beginning of parliament and are appointed for the life of parliament
Current senate inquiries
http://
www.aph.gov.au/Parliamentary_Business/Committees/Senate/Current_Inquiries
GSC Legal Studies 1/2 AOS 1 – 2015
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1.2 Structure and role of the Commonwealth Parliament
(Senate)
Double DissolutionIf the senate twice refuses to pass legislation from the Lower House the Australian Constitution determines this to be a deadlock between the two houses of parliament.
In this situation the Constitution permits the GG to dissolve both houses of parliament and call an election. All senators must face an election (Not half as usual) There have been six double dissolutions:
•1914—the deadlock was broken by the Government losing its majority in the House as a result of the double dissolution election. The legislation was not reintroduced.
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1951
—the deadlock was broken by the Government gaining a majority in both Houses; the legislation was reintroduced and passed by both Houses in the normal manner.
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1974
—the Government was returned but the disagreement between the Houses continued, resulting in a joint sitting at which the bills concerned were passed.
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1975
—the bills concerned were not reintroduced in the new Parliament. Unique circumstances applied in 1975—following disagreement over the passage of a number of bills the Government was dismissed by the Governor-General and a ‘caretaker’ Government installed to enable passage of appropriation bills. The caretaker Government then requested a double dissolution and was elected at the ensuing election. The bills providing the technical grounds for the double dissolution were not those of the caretaker Government seeking the dissolution, but those of the Government dismissed by the Governor-General.
•1983—the deadlock was broken by the Government losing its majority in the House.•1987—the Government was returned; the bill concerned was reintroduced and again passed by the House but ultimately not proceeded with.
GSC Legal Studies 1/2 AOS 1 – 2015
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Current situation in federal parliament
House of Reps
Lib/Nationals 90 Labor 55Minor Parties 3Independents 2
Senate (July 2014)
Lib/Nationals 33Labor 26Greens 9Palmer United 3
Ind
/Minor 5
Clear majority???????
GSC Legal Studies 1/2 AOS 1 – 2015
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Your Turn
Complete Questions 1-
8 (Page 22)
GSC Legal Studies 1/2 AOS 1 – 2015
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