Ruqayyah Snyder
Australia's laws are made by the government, after debate, and are based on societal values and needs. The legislative process is similar in most Australian jurisdictions but varies slightly from state to state, and in the territories. The power to make laws is shared between the Commonwealth Parliament and each state parliament, with laws coming from the Australian Constitution, federal legislation, Victorian legislation, and common law. Laws start as bills, which are proposals for new laws or changes to existing ones. They are introduced in Parliament, where they are debated and voted on. If approved by both houses, the bill is sent to the Governor for State law, or the Governor-General for Commonwealth law, to be signed off.
| Characteristics | Values |
|---|---|
| Law-making body | Australian Parliament |
| Number of houses in Parliament | 2 |
| Names of houses in Parliament | House of Representatives and the Senate |
| Who can introduce a bill | Any member of the Legislative Assembly (MLA) or the government |
| Who scrutinises the bill | Senate and House committees |
| Who votes on the bill | Members of Parliament (MPs) |
| Who signs the bill into law | Governor-General or the Clerk of the Assembly (in the case of the ACT) |
| What is the purpose of laws | To allow the Australian Government to act and to define how people and organisations are expected to behave |
| Types of laws | Criminal law and civil law |
| Who reviews the laws and provides recommendations | Australian Law Reform Commission |
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What You'll Learn
The role of the Australian Parliament
The Australian Parliament plays a crucial role in the country's law-making process. It is responsible for drafting, debating, and enacting laws that reflect the values, aspirations, and needs of the Australian people. This process is governed by a set of procedures that ensure thorough consideration, debate, and scrutiny of any proposed legislation.
The Australian Parliament consists of two houses: the House of Representatives and the Senate. Most bills are first introduced into the House of Representatives, where they undergo a detailed analysis, public consultations, and expert testimonies to assess their merits, implications, and alignment with Australian constitutional principles. Senate and House committees investigate bills, seek feedback from Australians, and make recommendations. All bills introduced into Parliament are checked by the Joint Committee on Human Rights to ensure compliance with Australia's human rights commitments.
After scrutiny by the relevant committees, the bill returns to the respective house for further debate and amendments. Members of Parliament (MPs) engage in substantive discussions, propose amendments, and vote on the bill's provisions to ensure compliance with legal, ethical, and policy considerations. If the bill receives majority support in the originating house, it proceeds to the other house for a similar process of scrutiny, debate, and potential amendments.
For a bill to become a law, it must be agreed upon by both the Senate and the House of Representatives and signed by the Governor-General. This process ensures that the laws enacted serve the best interests of the Australian people and are consistent with the Australian Constitution, which defines the Parliament's law-making powers.
The law-making process in the Australian Parliament allows for the consideration of diverse ideas and interests. Ideas for new laws can originate from government departments, advocacy or community groups, businesses, lobby groups, or individual parliamentarians. This collaborative process ensures that the laws enacted reflect the changing needs and aspirations of Australian society.
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Sources of ideas for new laws
Ideas for new laws can come from a variety of sources and are influenced by numerous factors. One source is the government or a government department, which may identify a problem that needs fixing and propose a bill to address it. For example, in David Walliams' novel Mr Stink, a fictional character, Mrs Crumb, is standing for election to be a member of parliament. One of her policies (ideas for laws) is to introduce a curfew to ensure that all children under 14 are not allowed out after 8 pm and are preferably in bed with the lights out by 9 pm. This idea for a new law stems from her life experiences and her vision for improving society.
Another source of ideas for new laws is the community, including businesses and lobby groups. These groups may have an interest in changing or improving an area of Australian law and can approach members of parliament with suggestions for bills. Additionally, political parties play a significant role in shaping new laws. They introduce bills that reflect their own ideas about how Australia should be governed, and these bills aim to put their policies and ideologies into action.
Furthermore, the Parliament itself can be a source of ideas for new laws. Parliamentary committees can be established to examine current issues, and if action is required, they may propose the introduction of a bill. Senate and House committees also play a crucial role in scrutinising bills, seeking feedback from Australians, and making recommendations to ensure that any new laws align with the country's human rights commitments.
It's important to note that laws can also originate from the courts, which is known as common law, case law, or judge-made law. Judges use precedent, or decisions made in previous similar cases, to guide their rulings. If no relevant precedent exists, a judge will make a new decision, which then becomes a precedent for future similar cases. While statute law takes precedence over common law, common law fills in the gaps where no statute law applies.
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Drafting a bill
In Australia, laws are made by the Commonwealth Parliament and each state parliament. In Victoria, for example, laws come from the Australian Constitution, federal legislation, Victorian legislation, and common law.
A bill is a proposal for a new law or a change to an existing law. Ideas for new laws can come from government departments, community groups, businesses, lobby groups, or political parties. Once an idea for a bill has been proposed, it is drafted.
The Office of the Queensland Parliamentary Counsel (OQPC) is an example of a body that drafts bills. The OQPC drafts all new laws and changes to laws proposed by the Government, including bills to be introduced to parliament by government ministers and amendments to existing bills. Any member of parliament can also ask the OQPC to draft a bill or amendment for them to introduce to parliament. When drafted for an individual member of parliament, rather than the government, this is referred to as private member legislation.
Before a bill is introduced to parliament, it is scrutinised and investigated by Senate and House committees, who seek feedback from Australians and make recommendations. All bills introduced to parliament are checked by the Joint Committee on Human Rights to ensure they meet Australia's human rights commitments.
Once a bill has been drafted and scrutinised, it is introduced to parliament. Most bills are first introduced to the House of Representatives.
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Scrutinising and debating a bill
The law-making process in Australia involves several stages of scrutiny and debate to ensure that any new laws or changes to existing laws are thoroughly examined before being enacted. This process is an important part of Australia's democratic system, allowing for transparency and public input. Here's an overview of the key steps involved in scrutinising and debating a bill in Australia:
Scrutinising a Bill:
- Introduction of the Bill: A bill is a proposal for a new law or a change to an existing law. It can be introduced by a government department, a minister, or a member of parliament in response to a community or business group's suggestion. Most bills are first introduced into the House of Representatives.
- Committee Investigation: Once a bill is introduced, it is scrutinised by Senate and House committees. These committees investigate the bill, seeking feedback from Australians and making recommendations. They ensure that the bill meets human rights commitments and examine its potential impact on the rights of individuals and communities.
- Technical Scrutiny Committees: In some cases, specialised committees, known as "technical scrutiny committees," are established. These include the Scrutiny of Bills Committee, the Delegated Legislation Committee, and the Human Rights Committee. They review bills for compliance with prescribed rights-focused or rights-related criteria and report their findings to the Senate.
- Public Input: The scrutiny process also involves seeking feedback from the Australian public. Committees may conduct surveys, hold public hearings, or accept submissions from individuals, organisations, and interest groups to ensure that a diverse range of perspectives are considered.
Debating a Bill:
- Parliamentary Debate: After the scrutiny stage, the bill is debated in the Australian Federal Parliament. Members of Parliament discuss the bill in detail, expressing their opinions, raising concerns, and asking questions. This debate allows for a thorough examination of the bill's potential impacts and implications.
- Amendment and Revision: During and after the debate, the bill may undergo amendments and revisions based on the feedback received during the scrutiny stage and the points raised during the parliamentary debate. This iterative process ensures that the final version of the bill incorporates the input of various stakeholders.
- Voting and Passage: Following the debate and any necessary amendments, the bill is put to a vote in both the Senate and the House of Representatives. For a bill to become a law, it must be agreed upon by both houses of Parliament and signed by the Governor-General.
The process of scrutinising and debating a bill in Australia is a collaborative effort involving parliamentarians, committees, and the public. It ensures that laws are carefully considered and reflect the needs and values of Australian society. This system of checks and balances helps maintain a balanced and effective legislative process.
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The final vote
Once a bill has been drafted, it is then presented to the Assembly. The member who helped draft it gives a short speech about what the bill is about, after which they adjourn the debate until a later date. This gives other members and the community time to read and consider the bill.
The bill is then scrutinised by committees, which are made up of members from different political parties. They subject the bill to detailed analysis, public consultations, and expert testimonies to assess its merits, implications, and alignment with Australian constitutional principles. The bill is also sent to a relevant subject area committee, which can choose to hold a public inquiry or send it back to the chamber. Both committees must report back to the Assembly before the bill can progress.
After returning from committees, the bill is debated and voted on for the first time. Any member may speak and share whether they agree or disagree with the general ideas of the bill. After the debate, members vote on whether they agree with the bill 'in principle'. If a majority vote yes, the bill moves on; if a majority vote no or the vote is tied, the bill does not proceed.
If the bill garners majority support, it proceeds to the other house for a similar process of scrutiny, debate, and potential amendments. Both houses must ultimately agree on the final version of the bill for it to proceed. Once both houses endorse the bill in its final form through voting, it is then presented to the Governor-General.
The bill may look different at this stage due to amendments made during the detail stage. There is no debate during this final vote. To pass, the bill must have the majority support of the members. If it does not, or there is a tie, the bill does not proceed any further.
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Frequently asked questions
The Australian Parliament, which consists of two houses – the House of Representatives and the Senate.
The process starts with an idea for a new law or a need to amend an existing law. This idea can come from government departments, advocacy groups, or individual parliamentarians. Once the idea gains traction, it is transformed into a draft bill, which is a formal document outlining the proposed law. The bill is then scrutinised by committees and subject to public consultations before being debated and voted on in Parliament. If the bill passes both houses, it is presented to the Governor-General for approval.
Criminal law regulates conduct in society to protect the community and sanction those who commit crimes. Civil law, on the other hand, regulates the rights and responsibilities of individuals, groups, and organisations in their interactions.
Common law is developed by judges as they decide cases, referring to previous decisions for guidance on how the law should be applied.
