Parliament The Legislative Role

Definition Australia’s government is modelled on the Westminster System of Responsible Government Parliament is the legislature in the Westminster System The key feature of the Westminster System is the fusion of the executive and legislative branches

Functions of the Parliament Initiation, debate and approving statute laws – legislative function Appointing and dismissing the executive (government) and holding it to account – responsibility function Approving the spending of public money by the executive (money bills) and scrutinising the details of administration – responsibility function

Functions of the Parliament Being a “voice” for the expression of the will of the people – representative function Forum for the debate of issues – debating function Political socialisation of new members and training future members of the executive – education & socialisation function

The Legislative Function - Legislation “legislation” is a verb: the passage of bills to become statute law “legislation” is a noun: it is statute law Good legislation in a democracy needs to… Allow for wide input from various viewpoints – liberal democracies are “pluralist” – they allow many views Be part of a programme that the government has taken to the electorate and the people have “mandated” through election Arise from a widely debated issue Be scrutinised by is passage through parliament

Origins of Legislation Policy of the government This is the source of major items of legislation. When a new party is elected with a new policy programme that has been mandated by the people – expect major legislative change This type of legislation is often controversial because it is “political” Example: the Howard Government GST and recent industrial relations reforms

Origins of Legislation Public Service Submissions The Public Service (Administrative Executive) has expertise in terms of how to implement policy It provides “frank & fearless” advice It may recognise where change is needed These are sources of ideas for legislation. This type of legislation is more “technical” than “political”

Origins of Legislation Public Opinion & Pressure Group Activity Issues that arise in society may need a legislative solution. NT legalised euthanasia in 1995. This caused a storm in Australian society. After long debate the Commonwealth Parliament passed the Euthanasia Laws Act 1996, overriding the NT legislation Pressure Groups, such the Business Council, lobby the government for changes to industrial relations law that make it easier for companies to hire and fire employees

Origins of Legislation Review by Law Reform Groups These are groups of people, often lawyers, who lobby for changes to law. They may claim that a statute is discriminatory or reduces rights. Many law reform groups oppose the ASIO Bill because of its changes to “detention without charge” and “right to silence”

Origins of Legislation Individual Parliamentarians Private Members Bills may be introduced by any member, few succeed, however, some have resulted in significant changes… Senator Payne's Electoral (Compulsory Voting) Act 1924 Senator Powell's Smoking and Tobacco Products Advertisements (Prohibition) Act 1989 Parliamentary Privileges Act 1987 introduced by the President of the Senate codified the Parliament's legal immunities

Origins of Legislation Parliamentary Committees Committees are formed to investigate an issue and report to parliament, often with recommendations for legislation Committees may be House Committees, Senate Committees or Joint Committees

Origins of Legislation Parliamentary Committees – are ways to divide the labour of the parliament so than more can be done Most committees are standing committees – they are there permanently Important House Standing Committees are The Economics, Finance and Public Administration Committee – which deals budget matters and the public service and The Procedures Committee – which examines parliament’s procedures and processes and makes recommendations for reform

Origins of Legislation Parliamentary Committees Most committees are standing committees – they are there permanently Important Senate Standing Committees are The Regulations & Ordinances Committee – which oversees delegated legislation and The Scrutiny of Bills Committee – which fulfils the Senate’s “house of review” function

Origins of Legislation Parliamentary Committees Some committees are select committees – they are there temporarily to address a current situation A House Select Committee formed in 2004 is the Recent Australian Bushfires Committee A Senate Select Committee is the Superannuation Committee

Origins of Legislation Parliamentary Committees Some committees are joint committees – they have members from the House and the Senate Examples of Joint Committees are the Electoral Affairs and Public Accounts & Audit Committees

Origins of Legislation Court Decisions that Reveal Anomalies in the Law Courts may reveal problems with law during statutory interpretation The High Court’s Mabo 1992 decision abolished terra nullius resulting in the Parliament passing the Native Title Act 1993 to clarify the law

Aims of Legislation Remedial legislation – fixes problems with an existing statute Clarifying legislation – simplify or consolidate several acts into one act. Social Services Consolidation Act 1947, amalgamated social service benefits into the Social Security Act 1947 Financial legislation – appropriatations (or money) acts to raise revenue and spend money Public policy legislation – enacts government policy - GST

Aims of Legislation An Important form of Legislation is… Delegated legislation – parliament may delegate to the executive the power to make law. The Public Service may make regulations under an act. Parliament may override delegated legislation. Regulations usually cover the detail of matters not specifically dealt with in an act Much of superannuation law is not detailed in Acts of Parliament but in regulations under the Superannuation Industry (Supervision) Act (SIS Act) 1993 Delegated legislation allows the government to make law directly without much parliamentary scrutiny – is becomes a means of executive dominance

Delegated Legislation The Senate Regulations and Ordinances Committee meets weekly to check all delegated legislation (about 1600 items per year). It checks the delegated legislation to ensure that… It is in accordance with the Act under which it is made It does not trespass on the rights of citizens (since the public service will make law under the Act and yet is not an elected body) It is not a matter more properly dealt with by parliament and not the public service

Delegated Legislation The Senate Regulations and Ordinances Committee reports to the Senate. None of it’s recommendations to disallow delegated legislation have been rejected by the Senate since 1932

Types of Legislation Legislation falls into two categories.. Financial legislation: the Budget Bill and Appropriations (Supply or Money) Bills Non-financial legislation: All other legislation including Government Bills, Private Member’s Bills etc

References Willmott & Dowse Chapter 6 Spindler & Milnes pp 78-93 Legal Outcomes 2 pp 48-51 Fenna Chapter 6 Aldous Chapter 3