
Changing legislation in Australia is no easy feat. It requires patience and persistence in the face of bureaucratic inertia. To succeed, you must develop a strong media strategy, build alliances, and be prepared for delays and setbacks. When the government is satisfied that a new law is needed, a bill is drafted and discussed within the party room before being introduced to either the Legislative Assembly or the Legislative Council. The bill then progresses through various stages of reading and voting in both chambers, with optional stages for public inquiry and discussion of amendments. Finally, the bill is presented to the Governor for assent and becomes an Act of Parliament, or a law for Australia.
| Characteristics | Values |
|---|---|
| Process of changing legislation | A bill is drafted and discussed within the party room. |
| The bill is introduced to the House of Representatives for its first reading. | |
| The bill undergoes a second reading, where members debate and vote on the main idea. | |
| An optional public inquiry into the bill may be conducted, with the House committee reporting back to the House. | |
| Members discuss the bill in detail, including any changes, during the "consideration in detail" stage. | |
| The bill is voted on in its final form during the third reading. | |
| The bill, after passing the House of Representatives, is sent to the Senate. | |
| The Senate may refer the bill to a committee for inquiry. | |
| Senators discuss the bill and any changes during the "committee of the whole" stage. | |
| Senators vote on the bill in its final form during the third reading in the Senate. | |
| Royal Assent: The Governor-General signs the bill. | |
| The bill becomes an Act of Parliament and a law for Australia. | |
| Challenges and considerations | Governments tend to be averse to changes that are not on their agenda. |
| Advocacy for change can be challenging, as it involves navigating political obstacles and delays. | |
| Inertia and resistance to change are common among those in power. | |
| A successful advocacy campaign requires media savvy, alliances, and a compelling narrative. |
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What You'll Learn

Understand the mechanics of political inertia and how to overcome it
Political inertia is a powerful force that can hinder progress and maintain the status quo. In the context of Australian legislation, it refers to the inherent resistance to change within the government and political system. Overcoming political inertia requires understanding its underlying causes and developing strategies to catalyse change.
One key factor contributing to political inertia is the inherent nature of governments to resist changes that are not aligned with their agenda. Governments tend to view advocacy for change with scepticism and may even resent it. This resistance to change can be attributed to various factors, including laziness, lack of interest, ignorance, or even bigotry among those in power. Overcoming this inertia requires recognising that change will demand extra effort from those in charge of the status quo, forcing them to adapt their old habits and shift their perspective.
Another challenge posed by political inertia is the presence of experienced politicians who are adept at maintaining the status quo. These individuals excel at tactics such as changing the subject, passing the buck, delaying decisions, and navigating the complexities of the political arena to avoid making changes. To overcome this obstacle, advocates for change must exercise patience and persistence. They should anticipate delays, setbacks, and occasional defeats, understanding that political change is often a slow and arduous process, as aptly described by Max Weber: "Politics is a slow boring of hard boards."
To overcome political inertia, it is crucial to build salience for your cause. This involves standing out in the crowded landscape of modern Australian media. Effective strategies include having a compelling story, a poster child, a catchy slogan, and a clear and heartfelt explanation of your cause. Utilise both traditional media outlets like newspapers and TV, as well as newer platforms like smartphones and YouTube. Form alliances with groups that share your values or can benefit from your proposed change, leveraging their support to amplify your voice. Consider engaging with major political parties and working within their policy committees to influence change from within.
Additionally, understanding the mechanics of law-making and the legislative process is essential to overcoming political inertia. Laws in Australia are made through the statutory process or common law. Statute law is created by the government in response to societal changes, while common law evolves through judicial decisions. To change existing laws, you can advocate for their repeal or amendment. Laws may be repealed if they become outdated or irrelevant, or the government may amend them to align with a change in policy. Familiarise yourself with the stages a bill must pass through in the House of Representatives and the Senate, including readings, debates, votes, and inquiries, to effectively navigate the legislative process and increase the chances of your proposed change becoming law.
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Develop a strong media presence and public support
Developing a strong media presence and public support is crucial to your campaign to change Australian legislation. Here are some key strategies to achieve this:
Firstly, understand the current media landscape in Australia. Recognise the importance of both traditional media outlets such as newspapers and TV, as well as newer platforms like smartphone applications and streaming services. A well-rounded media strategy should utilise all these platforms to reach a diverse audience.
Next, identify your unique story and angle. Develop a clear, concise, and heartfelt message that resonates with people. Find a 'poster child' for your cause, someone who embodies the values of your campaign and can help attract sympathy and support. Create catchy slogans and use social media platforms like YouTube to your advantage to spread your message.
Build alliances with organisations, groups, and individuals who share your values. Collaborate with them to amplify your voice and reach a wider audience. Engage with political parties and their policy committees to gain insight and potentially influence their agendas. Remember, developing strong relationships with the right people can be instrumental in gaining media attention and support.
Additionally, consider engaging with First Nations media outlets and national broadcasters like the ABC and SBS, which has a dedicated NITV channel. By doing so, you can ensure that your campaign aligns with the values of language, community, and history that shape Australia's diverse cultural landscape.
Lastly, be persistent and patient. Changing legislation is a marathon, not a sprint. Expect setbacks and delays, but keep pushing forward. Continuously evaluate your media strategy, adapt to new situations, and look for opportunities to borrow clout from influential people or organisations who may share your values.
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Learn how to advocate for change in the political arena
Advocacy is a powerful tool for driving change in the political arena. It can be used to secure or oppose any change to a law, policy, or practice. In Australia, there are several ways to advocate for change and influence political decisions. Here are some strategies to consider:
Understand the Political Landscape
Stay informed about legislative developments and policy changes. Follow the news, track bills, and analyse legislative priorities. This knowledge will help you identify decision-makers, build relationships, and fine-tune your engagement efforts. Utilise resources like POLITICO Pro, which offers comprehensive coverage of policy areas, bill tracking, and stakeholder management tools.
Identify Target Parliamentarians
Research and identify politicians who are likely to be sympathetic to your cause. Examine parliamentarians' first speeches, voting histories, and parliamentary proceedings records. Frame your advocacy message to align with their values and interests while also ensuring that you represent the voices of the community you advocate for.
Participate in Parliamentary Inquiries
Parliamentary inquiries offer a valuable opportunity to engage with government departments, influence policy development, and review legislation before it is enacted. Respond to the terms of reference provided by the inquiry, using facts, opinions, arguments, and recommendations for action. This allows your submission to be considered and strengthens your advocacy position.
Engage in Lobbying
Lobbying is a form of advocacy that involves directly engaging with politicians to influence their actions, policies, or decisions. It can be done at any point in the political cycle, but some times are more strategic than others, such as when a party is settling its platform or during an election campaign. Consider using lobbying to bring attention to issues that are not currently addressed by parliamentary inquiries.
Utilise Storytelling and Data
Storytelling humanises your advocacy, making it relatable and engaging. At the same time, support your claims with data and measurable evidence. This combination of storytelling and data can be a powerful tool for gaining recognition, sparking debate, and challenging the government to recognise dissenting voices.
Maintain Independence for Charities
For charitable organisations advocating for change, it is crucial to maintain independence from party politics. While a charity's policy position may align with a particular political party, it must not promote or oppose a specific party or candidate. This balance ensures that charities do not cross the line into having a disqualifying political purpose and risk losing their registration.
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Draft a bill and get it approved by the Cabinet
Drafting a bill and getting it approved by the Cabinet is a meticulous process that requires careful planning and attention to detail. Here is a step-by-step guide to help you understand the process:
Identify the Need for Legislation:
Start by identifying the specific need or problem that the proposed legislation aims to address. This could be a gap in existing laws, a change in social or economic conditions, or a new policy initiative. Understanding the problem and the desired outcome is crucial for drafting an effective bill.
Consult Stakeholders and Seek Advice:
Engage with relevant stakeholders, including government departments, community groups, and experts in the field. Seek their input and advice on the proposed legislation. This step helps ensure that your bill considers all relevant perspectives and is well-informed.
Prepare Drafting Instructions:
Work with legal experts, such as the Office of Parliamentary Counsel (OPC), to prepare comprehensive drafting instructions. These instructions should be complete, accurate, and consistent with existing legislation. The OPC provides advice and guidance on the technical aspects of drafting, ensuring the bill meets legal requirements.
Draft the Bill:
The drafting process involves transforming the policy objectives into legal text. This stage requires a clear understanding of legislative requirements and the ability to translate complex ideas into concise and precise language. The OPC will prepare the first draft, and revisions may be needed based on feedback from stakeholders and legal experts.
Seek Cabinet Approval:
Submit the bill to the Cabinet for approval. This step involves providing a comprehensive submission, known as the "Authority to Prepare a Bill." The submission must include a clear justification for the proposed legislation, address any departures from fundamental legislative principles, and seek approval for any constitutional amendments.
Comply with Constitutional Requirements:
Ensure that the bill complies with the Australian Constitution. If the bill affects the constitution, powers, or procedures of the Parliament, seek Crown Law advice during the drafting stage. This step is crucial to avoid legal challenges and ensure the compatibility of the bill with Australia's constitutional framework.
It is important to note that each state in Australia may have specific requirements and processes for drafting and approving legislation. The aforementioned steps provide a general framework, and further research into state-specific guidelines is recommended.
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Get your bill through the House of Representatives and the Senate
In Australia, laws are made either through the statutory process or common law. Statute law is made by the government in response to societal change, while common law is based on past court decisions and legal precedents. Hundreds of laws are passed each year, reflecting the evolving morals and values of society.
To change Australian legislation, a bill must pass through the House of Representatives and the Senate. Here is a step-by-step guide to navigating these chambers:
House of Representatives:
- First Reading: The bill is introduced to the House of Representatives.
- Second Reading: Members debate and vote on the main idea of the bill.
- House Committee (optional): A public inquiry into the bill is conducted, and the committee reports back to the House.
- Consideration in Detail (optional): Members discuss the bill in detail, including any proposed changes.
- Third Reading: Members vote on the bill in its final form.
Senate:
- First Reading: The bill is introduced to the Senate.
- Committee of the Whole (optional): Senators discuss the bill in detail and consider any amendments.
- Third Reading: Senators vote on the bill in its final form.
Once a bill passes through both chambers, it is sent to the Governor or Governor-General for formal approval, known as assent or Royal Assent. The bill then becomes an Act of Parliament and comes into force, typically 28 days after the Governor's signature, unless otherwise specified.
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Frequently asked questions
You have to push for change and get past the guard of the people in charge of the status quo. You must stand out and have a story, a poster child, a slogan, and a short clear explanation. You must also build a relationship with the media.
Any member of Parliament can initiate a bill, but many are introduced by Ministers of the Government.
In the House of Representatives, a bill goes through the following stages: 1st reading, 2nd reading, an optional House committee stage, an optional consideration in detail stage, and the 3rd reading. The bill is then passed in the House of Representatives and sent to the Senate. In the Senate, the bill goes through the 1st reading, committee of the whole (optional), 3rd reading, and is then given Royal Assent by the Governor-General.
Laws can be repealed (undone or removed) or amended (changed).
The law may be outdated or the government may want a change in policy.





























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