Law-making by parliament and subordinate authorities.
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Transcript of Law-making by parliament and subordinate authorities.
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