Law-making by parliament and subordinate authorities

What you will learn The structure and role of parliament The law-making process of parliament The types of subordinate authorities The law-making process by subordinate authorities

Role of parliament in Australia All societies need a supreme body to: govern administer pass laws to regulate the affairs of society and its members

Laws made by parliament are known as legislation. Once these laws are written and published they become known as statutes or Acts of Parliament.

Federal system of government Q What is the significance of January 1, 1901? Australia became a Federation Thus forming the Commonwealth of Australia

Prior to Federation… Australia was made up of six self-governing colonies, independent of each other. Why do you think federation occurred? Q What are some of the advantages of a having Commonwealth?

Federal government The Commonwealth of Australia consists of: Six states - Victoria, New South Wales, Queensland, South Australia, Western Australia and Tasmania. Two territories - Northern Territory and the Australian Capital Territory.

Responsibility for law-making This responsibility is shared between: State parliament Federal parliament BUT While each state in the Federation governs and administers its own affairs, the federal or Commonwealth government governs the country as a whole.

Constitution G A set of guidelines outlining the structure and law-making powers of parliament This document outlines: the principles of government law-making powers of each parliament

Commonwealth law will always override state law Q Whilst there are two types of law in operation at any one time, what happens when there is a conflict or inconsistency over a particular law? Commonwealth law will always override state law

Test your knowledge What is the function of parliament? What are the laws made by parliament known as, and what are they written in? When did the Commonwealth of Australia come into existence? What does the term ‘federal system of government’ mean?

Division of legal legislative power Commonwealth of Australia Constitution Act 1900 states that the Federal Parliament has the power to make laws ‘for the peace, order and good government of the Commonwealth’ There are two types of such powers

The Constitution grants the Commonwealth parliament: exclusive powers in certain matters concurrent powers with the state parliaments in others Any powers not listed in the Constitution as exclusive or concurrent belong to the states and are known as residual powers.

The Commonwealth has assumed primary control over: postal services industrial disputes marriage divorce trademarks copyright foreign affairs foreign trade migration social services taxation banking

The states have taken primary responsibility for: legal sys admin police & crime education housing health transport agriculture town planning environment mining water power supply youth sport

Structure of parliament In Australia our parliament is based on the Westminster system in England. There are nine separate parliaments: one Commonwealth six state two territory

Systems of parliament Exception to this… Queensland two territories The Commonwealth and majority states follow a bi-cameral (a parliament that consists of two houses) system of parliament. Exception to this… Queensland two territories

Queensland and the territories have only one house. Bi-cameral system Parliament is made up of two houses: Upper house Lower house Queensland and the territories have only one house.

Commonwealth parliament The Commonwealth Parliament Queen’s Representative (Governor-General) Lower House (House of Representatives) 150 members Upper House (Senate) 76 members

State parliament The State Parliament Lower House Upper House Queen’s Representative (Governor) Lower House (Legislative Assembly) 88 members Upper House (Legislative Council) 40 members

How do you become a member of parliament? Members of parliament How do you become a member of parliament? members are elected by the people at election time allocated a seat in a House

Electorates Every person over the age 18 required to vote at both: Commonwealth State elections.

Candidates stand for election in each electorate. Electoral division Australia and the states are divided into electoral districts based on: geographic location population in each area Candidates stand for election in each electorate.

In Australia we use a preferential system of voting. voters place numbers in order of preference candidates represent a political party votes are allocated according to preference candidates with the most votes wins the seat and becomes a member of parliament

Formation of government After an election the political party with the most votes in the lower house forms the government. The Prime Minister is the leader of that party The largest party opposing the government forms the opposition.

Responsibility of members elected members represent the concerns and issues of their electorate to the parliament answer questions and contribute to debates introduce proposed laws discuss details of legislation with members or the public serve on parliamentary committees

This is the policy-making body of government consisting of: Cabinet This is the policy-making body of government consisting of: Prime Minister senior ministers Ministers are members of government appointed to lead a specific portfolio or department.

Commonwealth Parliament

House of Representatives 150 members represents an electoral division throughout Australia hold office for three year term Government is formed in this house also known as the ‘green house’ the Speaker presides over the house and is responsible for ensuring parliamentary rules and orders are followed

Senate 76 members each state elects 12 representatives each territory elects 2 representatives members hold office for a six year term half the members elected every three years Senate ensures equal representation from each state, regardless of population also known as ‘red house’ the President presides over the house

Victorian Parliament

Legislative Assembly 88 members each member represents an electoral district throughout the state members hold office for four years government is formed in this house the Speaker presides of the chamber

Legislative Council 40 members elected from eight regions with five members from each region members elected by proportional representation members hold office for four years the President presides over the chamber

The initiation of legislation Party policies & political influences The courts Public opinion Parliamentary committees INITIATION OF LEGISLATION Investigative commissions Pressure & Lobby groups Government departments Law Reform bodies