Ruqayyah Snyder
Statute law, also known as legislation, is made by the Australian Parliament when it agrees on a bill, which is a proposal for a new law or a change to an existing one. The process of law-making begins with the introduction of a bill in the House of Representatives, followed by its passage to the Senate, where it is scrutinised, debated, and amended before being passed back to the House of Representatives. If the bill is passed by a majority vote in both houses, it is then given Royal Assent by the Governor-General and becomes an Act of Parliament, i.e., a statute law. This process allows for the creation and modification of laws that govern the behaviour of people and organisations in Australia.
| Characteristics | Values |
|---|---|
| Who makes statute laws? | Parliament |
| What are statute laws called? | Statute law or legislation |
| What is a bill? | A proposal for a new law or a change to an existing one |
| What happens when a bill is passed by the House of Representatives and the Senate? | It becomes an Act of Parliament |
| Who signs the bill for it to become a law? | The Governor-General |
| Who appoints the Governor-General? | The Queen |
| Who can introduce bills? | Government ministers or other members of parliament |
| What is the role of committees? | To scrutinise bills, seek feedback from Australians and make recommendations |
| What is common law? | Law made by judges in courts |
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What You'll Learn
Statute law vs. delegated law vs. common law
Statute law, delegated law, and common law are the three primary sources of law in Australia. Each of these sources plays a crucial role in the country's legal system and contributes to the overall framework of laws that govern the country.
Statute law, also known as legislation, is made by the Australian Parliament. It is created when Parliament agrees on a bill, which is a proposal for a new law or a change to an existing one. A bill becomes an Act of Parliament, or a law for Australia, after it is passed by a majority vote in the House of Representatives and the Senate and is given Royal Assent by the Governor-General. Statute law is the main source of law in Australia and takes precedence over common law in cases of conflict.
Delegated law, on the other hand, is made by the Executive government, which includes the Prime Minister, ministers, and government officials. This type of law is created when Parliament delegates the power to make laws to the Executive. Delegated law has the same legal effect as statute law but can be made or changed without parliamentary debate and passage. However, parliamentary committees can review delegated law, and Parliament has the authority to overrule it if they disagree.
Common law, also known as case law or judge-made law, is made in the courts by judges. It is based on the principle of precedent, where judges use past decisions made in similar cases to guide their current rulings. If no previous cases with similar circumstances exist, a judge will make a new decision, which then becomes a precedent for future cases. Common law is applied when no statute law covers a particular situation, but it is subordinate to statute law, meaning that statute law can overrule it.
In summary, statute law is made by Parliament and forms the primary source of law in Australia, delegated law is created by the Executive with authority delegated by Parliament, and common law is developed by judges in courts based on precedents. While statute law and delegated law can be more easily identified as written laws, common law is found within the decisions made by judges in various court cases.
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The role of the Australian Parliament
The Australian Parliament plays a crucial role in the country's law-making process. It is responsible for creating statute law, one of the three types of law in Australia, the other two being delegated law and common law. Statute law, also known as legislation, is made when Parliament agrees on a bill, which is a proposal for a new law or a change to an existing one. This is a power granted by the Australian Constitution, which allows the Parliament to make laws in specific areas.
The process of law-making in the Australian Parliament is a collaborative and deliberative one. Ideas for new laws can originate from various sources, including government departments, community groups, businesses, lobby groups, and political parties. These ideas are then translated into bills, which are introduced and debated in Parliament. Most bills are first presented in the House of Representatives and then sent to the Senate. However, certain types of bills, such as taxation bills, must originate in the Senate.
During the law-making process, Senate and House committees play a crucial role in scrutinising bills. They seek feedback from Australians, hold public hearings, and make recommendations. Committees can invite individuals, subject matter experts, businesses, and government representatives to participate in hearings and provide diverse perspectives on the proposed policy changes. This ensures that laws are thoroughly examined and reflect the needs and values of the Australian people.
After a bill passes through the House of Representatives and the Senate, it requires Royal Assent from the Governor-General to become an Act of Parliament or a law. The Governor-General is appointed by the Queen as her representative in Australia and plays a ceremonial role in the law-making process. Once a bill receives Royal Assent, it becomes a law that applies to all people in Australia and provides the government with the authority to act and govern.
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How a bill becomes a law
In Australia, a bill becomes a law through a multi-step process involving the Parliament of Australia, the Governor-General, and, in some cases, committees and hearings.
The process begins with the introduction of a bill to the House of Representatives. A bill is a proposal for a new law or a change to an existing one. Ideas for new laws can come from various sources, including government departments, community or business groups, lobby groups, and political parties. Once introduced, the bill goes through a first reading in the House of Representatives.
After the first reading, the bill proceeds to the Senate, where it is scrutinized and debated. Senate and House committees play a crucial role in investigating the bill, seeking feedback from Australians, and making recommendations. Committees can hold public hearings to gather information and test the claims made in submissions. Amendments to the bill can be proposed, debated, and determined during this stage.
For a bill to become a law, it must be passed in identical form by both the House of Representatives and the Senate. This means that any amendments made by the Senate must also be agreed to by the House of Representatives. Most bills are introduced by government ministers, but other members of parliament can also introduce private members' or private senators' bills.
Once a bill is passed by both houses, it requires Royal Assent from the Governor-General, who is appointed by the Queen as her representative in Australia. With Royal Assent, the bill officially becomes a law, known as an Act of Parliament. The new law comes into force on the date included in the Act or, if no date is specified, 28 days after receiving Royal Assent.
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The Governor-General's role
The Governor-General is the representative of the monarch of Australia, currently King Charles III. They are appointed by the monarch on the recommendation of the Prime Minister. While there is no fixed term, governors-general are typically appointed for five years. The Governor-General has a significant community role, recognising meritorious individuals and groups, and representing the nation as a whole. They host or attend hundreds of events around the country each year, meeting tens of thousands of Australians.
The Governor-General has constitutional, statutory, and ceremonial powers. They are part of both the Parliament and the government, carrying out tasks on behalf of the King. They have the power to give royal assent to a bill passed by the Senate and House of Representatives, signing it into law. They also swear in and accept the resignations of members of Parliament, who must make an oath of allegiance to the King in the presence of the Governor-General before taking their seats.
The Governor-General has reserve powers not included in the Constitution, which can be exercised in exceptional circumstances. They also have executive powers, which are exercised on the advice of ministers and the Federal Executive Council. While the Governor-General has independence in their role, they are generally bound by convention to act on the advice of the Prime Minister and the Federal Executive Council.
The Governor-General also has duties as Commander-in-Chief, including appointing the Chief of Defence Force and Service Chiefs, commissioning officers in the Navy, Army, and Air Force, and presenting honours to military personnel.
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The scrutiny of bills
Senate and House committees play a crucial role in scrutinising bills. They investigate bills, seek feedback from Australians, and make recommendations. Committees can hold public hearings to gather 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. While committees can suggest amendments to bills, they do not have the power to amend them directly.
The Joint Committee on Human Rights is responsible for checking all bills introduced into Parliament to ensure they meet Australia's human rights commitments. Additionally, the Australian Constitution grants Parliament the authority to make laws in specific areas, and it can establish parliamentary committees to examine current issues and propose bills if necessary.
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Frequently asked questions
Statute laws are made by the Australian Parliament. A bill is proposed, amended, and passed by a majority vote in the House of Representatives and the Senate. It is then signed by the Governor-General, becoming an Act of Parliament or a statute law.
A bill can be proposed by government ministers or other members of parliament. Ideas for new laws can come from government departments, community groups, businesses, lobby groups, or political parties.
Committees scrutinise bills, seek feedback from Australians, and make recommendations. They hold public hearings to gather information and test claims made in submissions. Amendments to the bill can be proposed and debated in the committee of the whole.
Statute law is made by parliament, while common law is made by judges in courts. Common law is based on precedent, where judges decide cases in line with previous decisions made in similar cases. If no statute law applies to a situation, common law is applied, but statute law always overrides common law.
