Law-making by parliament and subordinate authorities

What you will learn

• The structure and role of parliament

• The law-making process of parliament

• The types of subordinate authorities

• The law-making process by subordinate authorities

Role of parliament in Australia

All societies need a supreme body to:

• govern

• administer

• pass laws

to regulate the affairs of society and its members

Laws made by parliament are known as legislation.

Once these laws are written and published they become known as statutes or Acts of

Parliament.

Federal system of government

What is the significance of January 1, 1901?

Australia became a Federation

Thus forming the Commonwealth of Australia

Prior to Federation…

Australia was made up of six self-governing colonies, independent of each other.

Why do you think federation occurred?

What are some of the advantages of a having Commonwealth?

Federal government

The Commonwealth of Australia consists of:

Six states - Victoria, New South Wales, Queensland, South Australia, Western

Australia and Tasmania.

Two territories - Northern Territory and the Australian Capital Territory.

Responsibility for law-makingThis responsibility is shared between:

• State parliament

• Federal parliament

BUT

While each state in the Federation governs and administers its own affairs, the federal or Commonwealth government governs the

country as a whole.

Constitution

A set of guidelines outlining the structure and law-making powers of parliament

This document outlines:

• the principles of government

• law-making powers of each parliament

Whilst there are two types of law in operation at any one time, what happens when there is a conflict or inconsistency over a particular law?

Commonwealth law will always override state law

Test your knowledge

1. What is the function of parliament?

2. What are the laws made by parliament known as, and what are they written in?

3. When did the Commonwealth of Australia come into existence?

4. What does the term ‘federal system of government’ mean?

Division of legal legislative power

states that the Federal Parliament has the power to make laws ‘for the peace, order

and good government of the Commonwealth’

There are two types of such powers

Commonwealth of Australia Constitution Act 1900

The Constitution grants the Commonwealth parliament:

• exclusive powers in certain matters

• concurrent powers with the state parliaments in others

Any powers not listed in the Constitution as exclusive or concurrent belong to the states and are known as residual powers.

The Commonwealth has assumed primary control over:

• foreign affairs

• foreign trade

• migration

• social services

• taxation

• banking

• postal services

• industrial disputes

• marriage

• divorce

• trademarks

• copyright

The states have taken primary responsibility for:

• legal sys admin

• police & crime

• education

• housing

• health

• transport

• agriculture

• town planning

• environment

• mining

• water

• power supply

• youth

• sport

Structure of parliament

In Australia our parliament is based on the Westminster system

in England.

There are nine separate parliaments:

• one Commonwealth

• six state

• two territory

Systems of parliament

The Commonwealth and majority states follow a bi-cameral (a parliament that consists of two

houses) system of parliament.

Exception to this…

• Queensland

• two territories

Bi-cameral system

Parliament is made up of two houses:

1. Upper house

2. Lower house

Queensland and the territories have only one house.

Commonwealth parliament

The Commonwealth Parliament

Queen’s Representative

(Governor-General)

Lower House

(House of Representatives)

150 members

Upper House

(Senate)

76 members

State parliament

The State Parliament

Queen’s Representative

(Governor)

Lower House

(Legislative Assembly)

88 members

Upper House

(Legislative Council)

40 members

Members of parliament

How do you become a member of parliament?

• members are elected by the people

• at election time

• allocated a seat in a House

Electorates

Every person over the age 18 required to vote at both:

• Commonwealth

• State elections.

Electoral division

Australia and the states are divided into electoral districts based on:

• geographic location

• population in each area

Candidates stand for election in each electorate.

System of voting

In Australia we use a preferential system of voting.

• voters place numbers in order of preference

• candidates represent a political party

• votes are allocated according to preference

• candidates with the most votes wins the seat and becomes a member of parliament

Formation of government

After an election the political party with the most votes in the lower house forms

the government.

The Prime Minister is the leader of that party

The largest party opposing the government forms the opposition.

Responsibility of members

• elected members represent the concerns and issues of their electorate to the parliament

• answer questions and contribute to debates

• introduce proposed laws

• discuss details of legislation with members or the public

• serve on parliamentary committees

Cabinet

This is the policy-making body of government consisting of:

• Prime Minister

• senior ministers

Ministers are members of government appointed to lead a specific portfolio or

department.

Commonwealth Parliament

•150 members

• represents an electoral division throughout Australia

• hold office for three year term

• Government is formed in this house

• also known as the ‘green house’

• the Speaker presides over the house and is responsible for ensuring parliamentary rules and orders are followed

House of Representatives

Senate • 76 members

• each state elects 12 representatives

• each territory elects 2 representatives

• members hold office for a six year term

• half the members elected every three years

• Senate ensures equal representation from each state, regardless of population

• also known as ‘red house’

• the President presides over the house

Victorian Parliament

Legislative Assembly

• 88 members

• each member represents an electoral district throughout the state

• members hold office for four years

• government is formed in this house

• the Speaker presides of the chamber

Legislative Council

• 40 members

• elected from eight regions with five members from each region

• members elected by proportional representation

• members hold office for four years

• the President presides over the chamber

The initiation of legislation

INITIATION OF LEGISLATION

Publicopinion

Parliamentarycommittees

Investigativecommissions

Governmentdepartments

LawReform bodies

Pressure &Lobby groups

Party policies& political influences

Thecourts