Damon Mcknight
The Australian Parliament is responsible for making laws for the people of Australia. Laws are rules with legal consequences that define how people and organisations are expected to behave. They are rules that apply to everyone at all times. Laws start as bills, which are proposals for new laws or changes to existing ones. Bills are typically drafted by public servants on behalf of ministers and are formally approved by the government before being introduced in Parliament. They are then passed to the House of Representatives and the Senate, where they are scrutinised, debated, and amended before being passed in identical form by both houses. The bill then requires Royal Assent by the Governor-General, who is appointed by the Queen as her representative in Australia.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | Community, business, or lobby groups, political parties, parliamentary committees, government ministers, and other members of parliament. |
| Who drafts the bill? | Public servants on behalf of a minister. |
| Who approves the bill? | The government. |
| What is a bill? | A proposal for a new law or a change to an existing law. |
| What is the process for a bill to become a law? | It must be passed in identical form by both the House of Representatives and the Senate and receive Royal Assent by the Governor-General. |
| What is the role of the Governor-General? | Appointed by the Queen to be her representative in Australia, typically for a term of 5 years. |
| What is the role of the Senate? | The Senate investigates bills, seeks feedback from Australians, and makes recommendations. It can also amend bills, except for taxation bills or certain bills that appropriate money. |
| What is the role of the House of Representatives? | It introduces and passes bills, and it can amend bills per the Senate's request. |
| How long does it take for a bill to pass? | It may take months or even years for a bill to pass, but an urgent bill can be passed in a matter of hours or days. |
| How many bills are introduced into Parliament each year, and how many become laws? | Over 100 bills are introduced annually, and about 90% of government bills are passed into law. |
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What You'll Learn
The role of the Australian Parliament
One of the primary roles of the Australian Parliament is to make laws for the people of Australia. Laws are rules that apply to all people at all times and have legal consequences if they are not followed. They define how people and organisations are expected to behave. Laws also give the Australian Government the power to collect and spend money on behalf of Australians.
The Australian Constitution gives the Australian Parliament the power to make laws in particular areas. Laws start as bills – proposals for a new law or a change to an existing law. A bill becomes a law if it is passed in identical form by both the House of Representatives and the Senate and receives Royal Assent by the Governor-General. It is then known as an Act of Parliament. Most bills are first introduced into the House of Representatives because money and taxation bills cannot be introduced into the Senate. They are then sent to the Senate. Most bills are introduced by government ministers, but other members of parliament can introduce their own bills, known as private members' or private senators' bills.
Bills can originate from various sources. They may result from party policy, suggestions by senators, members, or community groups, or those of a routine nature may originate in government departments. Community, business, or lobby groups may be interested in changing or improving an area of Australian law. They can speak to members of parliament with suggestions for bills. Political parties have their own ideas about how Australia should be governed, and they introduce bills that aim to put their ideas into action. The Parliament can set up a parliamentary committee to examine a current issue, and if the issue requires action, the committee may suggest that a bill be introduced.
Before a bill is introduced into Parliament, it is drafted by public servants on behalf of a minister and formally approved by the government. Usually, a minister who wants to introduce a bill gives written notice of their intention to do so. In the House of Representatives, the minister lodges their written notice with the Clerk of the House, who adds the bill to the Notice Paper (the House's agenda of business). Once a bill is introduced into Parliament, it is scrutinised by the Senate and House committees, which investigate the bill, seek feedback from Australians, and make recommendations. All bills introduced into Parliament are checked by the Joint Committee on Human Rights to ensure the bills meet Australia's human rights commitments.
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Bills and how they become laws
The Australian Constitution gives the Australian Parliament the power to make laws in particular areas. Laws start as bills – proposals for a new law or a change to an existing law. A community, business, or lobby group may be interested in changing or improving an area of Australian law. They can speak to members of parliament with suggestions for bills. Political parties have their own ideas about how Australia should be governed. In Parliament, parties introduce bills that aim to put their ideas into action.
The Parliament can set up a parliamentary committee to examine a current issue. If the issue requires action, the committee may suggest that a bill be introduced. Most bills are introduced by government ministers. Other members of parliament can introduce their own bills, known as private members' or private senators' bills. All bills introduced into Parliament are checked by the Joint Committee on Human Rights to make sure the bills meet Australia's human rights commitments. Senate and House committees can investigate bills, seek feedback from Australians, and make recommendations.
Most bills are first introduced into the House of Representatives. This is because money and taxation bills cannot be introduced into the Senate. When a member of Parliament introduces a Bill to Parliament, they will introduce it to the House of which they are a member. Most Bills can be introduced by any member of Parliament. However, bills that propose changes to the spending of government money or would impose taxes ('Money Bills') can only be introduced by a government Minister in the House of Assembly.
For a bill to become a law, it must be agreed to by both the Senate and the House of Representatives and be signed by the Governor-General. The new law—now an Act of Parliament—starts on the date included in the law or, if no date is given, 28 days after Royal Assent. An Act may come into operation as soon as it is assented to or at a later date.
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The scrutiny of bills
The Scrutiny of Acts and Regulations Committee examines all bills presented to Parliament and publishes its findings in a report called the Alert Digest. The committee follows non-partisan principles of scrutiny, refraining from commenting on the policy aspects of legislation. Instead, it alerts Parliament to the use of certain legislative practices, allowing legislators to consider their necessity, appropriateness, and desirability.
Senate and House committees also play a crucial role in scrutinising bills. They investigate bills and ensure they meet Australia's human rights commitments under the Charter of Human Rights and Responsibilities. Committees may also examine whether a bill impacts the Constitution Act 1975 or raises issues regarding the jurisdiction of the Supreme Court.
During the scrutiny process, committees may seek additional information from ministers or members of Parliament. Any correspondence related to a bill is included in the Alert Digest report submitted to Parliament. This transparency ensures that all relevant information is considered during the legislative process.
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The Governor-General's role
The Governor-General of Australia is the federal representative of the monarch of Australia, currently King Charles III. The Governor-General has constitutional, statutory, and ceremonial powers and roles in the Australian political system, in which they have independent agency. They are generally bound by convention to act on the advice of the Prime Minister and the Federal Executive Council.
The Governor-General has a significant community role, recognising meritorious individuals and groups, and representing the nation as a whole. Each year, the Governor-General hosts or attends hundreds of events around the country, meeting tens of thousands of Australians. They also approve awards to recognise the service and contribution of outstanding Australians through the Australian Honours and Awards System.
The Governor-General is also the Commander-in-Chief of the Australian Defence Force. Their duties include appointing the Chief of the Defence Force and Service Chiefs, commissioning officers in the Navy, Army, and Air Force, presenting Colours, Banners, and other Honours to military units and personnel, and visiting military units to acknowledge the service of service personnel.
The Governor-General has the power to grant royal assent in the King's name, giving bills that have been passed by both houses of parliament the force of law. This is one of their most significant powers. They also have the power to appoint government officials, including the Prime Minister, other ministers, and judges.
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Where ideas for laws come from
The Australian Parliament is responsible for making laws for the people of Australia. Laws are rules that apply to all people at all times and have legal consequences if they are not followed. They define how people and organisations are expected to behave and give the Australian Government the power to collect and spend money on behalf of Australians.
Ideas for laws come from various sources. They may result from party policy, suggestions by senators, members, or community, business or lobby groups, or those of a routine nature may originate in government departments. A community, business, or lobby group may be interested in changing or improving an area of Australian law. They can speak to members of parliament with suggestions for bills. Political parties have their own ideas about how Australia should be governed. In Parliament, parties introduce bills that aim to put their ideas into action.
The Parliament can set up a parliamentary committee to examine a current issue. If the issue requires action, the committee may suggest that a bill be introduced. Most bills are drafted by public servants on behalf of a minister and formally approved by the government before they are introduced into Parliament. Usually, a Minister who wants to introduce a bill gives written notice of their intention to do so. In the House of Representatives, the Minister lodges their written notice with the Clerk of the House, who arranges for the bill to be listed on the Notice Paper (the House's agenda of business).
Once a bill is introduced into Parliament, it is scrutinised and debated. Senate and House committees can investigate bills, seek feedback from Australians, and make recommendations. Amendments may be moved by any senator, and the Senate can also request that the House of Representatives amend certain bills. All bills introduced into Parliament are checked by the Joint Committee on Human Rights to ensure they meet Australia's human rights commitments.
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Frequently asked questions
Laws in Australia are made by the Australian Parliament. Laws start as bills, which are proposals for a new law or a change to an existing law. A bill becomes a law if it is passed in identical form by both the House of Representatives and the Senate and given Royal Assent by the Governor-General.
Bills are usually drafted by public servants on behalf of a minister and formally approved by the government before being introduced in Parliament. However, other members of parliament can also introduce their own bills, known as private members' or private senators' bills. Community, business, or lobby groups can also suggest bills to members of parliament.
Once a bill is introduced in Parliament, it is scrutinised by Senate and House committees, which investigate the bill, seek feedback from Australians, and make recommendations. All bills are also checked by the Joint Committee on Human Rights to ensure they meet Australia's human rights commitments. Senators may also ask questions directly of the minister and propose amendments to the bill.
The final step in the law-making process is obtaining Royal Assent from the Governor-General, who is appointed by the Queen to be Her Majesty's representative in Australia.
