Lexi Webster
The process of law-making in Australia involves multiple stages of discussion, amendment, and approval by the House of Representatives, the Senate, and the Governor-General. Ideas for laws can come from community, business, or lobby groups, who can suggest changes to existing laws or propose new ones to members of parliament. These proposals, known as bills, are then introduced and closely examined in parliament, where they may be amended and must be agreed upon by both the House of Representatives and the Senate. Finally, the bill is signed into law by the Governor-General, becoming an Act of Parliament.
| Characteristics | Values |
|---|---|
| Who can propose a new law or change to an existing law? | Community, business or lobby groups, members of parliament, or political parties |
| Who introduces bills? | Most are introduced by government ministers, but other members of parliament can introduce their own bills, known as private members' or private senators' bills |
| Where are most bills introduced? | House of Representatives (because money and taxation bills cannot be introduced into the Senate) |
| Who scrutinises the bills? | Senate and House committees, Joint Committee on Human Rights |
| Who signs off on the bill? | Governor-General |
| When does the new law come into effect? | On the date included in the law or, if no date is given, 28 days after Royal Assent |
| What is the role of the Senate? | Seek feedback from Australians, make recommendations, debate in committee, and move amendments |
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What You'll Learn
The role of the Australian Electoral Commission (AEC)
The Australian Electoral Commission (AEC) is the independent statutory agency of the Australian Government responsible for the management and oversight of Australian federal elections, by-elections, plebiscites, referendums, and some trade union elections. The AEC maintains an impartial and independent electoral system for eligible voters through active electoral roll management, efficient delivery of polling services, and targeted education and public awareness programs.
The AEC is governed by the Commonwealth Electoral Act 1918, which outlines the conduct of federal election events. The AEC is also responsible for registering political parties intending to field candidates at federal elections, monitoring their activities, and publishing this information. The AEC maintains Australia's federal electoral roll, which is used for federal elections, by-elections, and referendums. In some other countries, this is called an electoral register, and in Australia, the process of getting onto the electoral roll is called "enrolment."
The AEC has a National Office in Canberra and an office in each state and territory: Adelaide, Brisbane, Darwin, Hobart, Melbourne, Perth, and Sydney. Each House of Representatives electorate has a Divisional Returning Officer responsible for administering elections within the division, and each state has an Australian Electoral Officer responsible for administering Senate elections.
The AEC regularly engages with parliamentary committees to inquire into the electoral process, including the conduct of federal electoral events. The AEC is accountable to the Joint Standing Committee on Electoral Matters of the Parliament of Australia and must report on how elections were carried out and their overall success.
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The process of drafting a Bill
Once a bill has been introduced, it is scrutinised by Senate and House committees, who investigate the bill, seek feedback from Australians, and make recommendations. This process includes public hearings, usually conducted in a question-and-answer format, where committees can seek information and test claims made in submissions. Committees may recommend that a bill be passed as is or with amendments. However, it's important to note that a committee cannot amend a bill itself.
After the scrutiny process, the bill is debated in the committee of the whole, where senators can query the details of the bill and propose amendments. Amendments can change, delete, or add words in the bill, affecting its final content. If there are no proposed amendments or requests for further debate, this stage may be omitted.
Finally, the bill is voted on by both the House of Representatives and the Senate. If passed by both houses in identical form, the bill is then sent to the Governor-General for Royal Assent. The Governor-General is appointed by the Queen as her representative in Australia and has the power to make the bill into an Act of Parliament, thereby making it a law.
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Debating a Bill in parliament
During the debate stage, senators have the opportunity to closely examine the details of the bill and propose amendments. This process is known as a "committee of the whole". Senators can ask questions directly of the minister, and there are no restrictions on how many times they may speak. Amendments to the bill can be proposed by any senator and seek to change, delete, or add words to the bill, ultimately affecting its final content. Non-government amendments often have a greater chance of success in the Senate when the government does not usually have a majority.
Public hearings are another important aspect of the debate process. Committees can hold public hearings to seek information and test the claims made in submissions. These hearings are usually conducted in a question-and-answer format and can take place at Parliament House or around Australia, either in person or via video or teleconference. Individuals, subject matter experts, businesses, and government representatives are invited to participate, providing a range of perspectives on the proposed policy changes.
After the debate and amendment process, the bill is voted on by both the House of Representatives and the Senate. If passed by both houses in identical form, the bill then requires Royal Assent from the Governor-General to become an Act of Parliament and officially enter into law.
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The governor's approval
The Governor-General's role in the law-making process is largely ceremonial, as they typically approve all bills passed by the House of Representatives and the Senate. However, there have been rare instances where the Governor-General has withheld assent or reserved a bill, effectively vetoing it. This is a controversial power that has been used sparingly, as it can create a political crisis and lead to a confrontation between the Governor-General and the elected government.
Before a bill reaches the Governor-General, it undergoes a rigorous process of scrutiny and debate in both the House of Representatives and the Senate. Committees in each chamber closely examine the bill, seek feedback from Australians, and make recommendations for amendments. Senators can propose amendments directly to the minister during the committee of the whole stage, and there are no restrictions on the number of times they may speak. Amendments can change, delete, or add words in the bill, affecting its final content.
Public hearings are another crucial aspect of the process, allowing committees to seek information and test claims made in submissions. These hearings are usually conducted in a question-and-answer format and can take place in Parliament House or around Australia, either in person or via video or teleconference. The input from individuals, subject matter experts, businesses, and government bodies helps inform the committee's recommendations to the Senate.
Once a bill has been passed by both chambers and approved by the Governor-General, it officially becomes a law or Act of Parliament. This process ensures that laws in Australia are thoroughly considered, debated, and representative of the needs and interests of the Australian people.
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Common law and the role of judges
In Australia, the power to make laws is shared by the executive, the parliament, and the judiciary, in accordance with the separation of powers doctrine. This doctrine ensures that judicial officers can interpret and apply the law independently and without interference from other government branches.
The judiciary plays a crucial role in common law. Common law is based on judicial decisions and interpretations of statutes rather than statutes enacted by legislative bodies. Judges interpret and apply the law through their rulings, which set precedents for future cases. This means that a judge's interpretation of a statute becomes the law, and future cases involving similar issues will refer to this ruling. The independence of the judiciary is guaranteed by the Australian Constitution, which ensures that judicial officers cannot be removed from office except in cases of proven misconduct or incapacity.
The Australian court system is structured to include both federal and state courts. The Federal Court of Australia, for example, hears matters related to family law, general law, administrative law, admiralty law, bankruptcy, copyright, human rights, and more. Each state and territory also has its laws and court systems.
The role of judges in common law is essential for maintaining the integrity and consistency of the legal system. Judges are responsible for interpreting and applying the law fairly and justly, resolving disputes, and ensuring that the law adapts to changing social and technological landscapes. They are also responsible for developing the law in new or emerging areas, filling in gaps where necessary, and clarifying ambiguous areas of the law.
In conclusion, the role of judges in common law is vital to the Australian legal system. Through their rulings, judges shape the law and ensure its consistent and fair application. The independence of the judiciary, as guaranteed by the Constitution, is key to maintaining the integrity of the legal system and ensuring that laws are interpreted and applied without interference from other branches of government.
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Frequently asked questions
Ideas for new laws can come from government departments, community, business, lobby groups, or political parties. A government minister may then ask for a bill to be written to fix a problem.
A bill is a proposal for a new law or a change to an existing law.
The bill is debated and voted on by the House of Representatives and the Senate. The bill may be amended during this process.
The bill is then sent to the Governor-General for Royal Assent. Once the bill receives Royal Assent, it becomes a law, also known as an Act of Parliament.
