The Legislative Process Example: The passage of the Crimes (Homicide) Act 2005 (Vic.)

Impetus for Change  Formal pressures from Victorian Law Reform Commission  Read VLRC report on Defences to Homicide at v.au → completed projects → Defences to Homicide v.au v.au

 Informal pressures for change  Media attention over verdict in Ramage Case and similar cases – brought about public outrage.  Statements by pressure groups and women’s groups such as Victorian Women’s Trust, Women’s Domestic Violence Crisis Service Victoria, Liberty Victoria.  Submissions by individuals and groups to VLRC  Petitions tabled in Victorian Parliament from individuals and groups

The Drafting of a Bill  Cabinet/political parties formulate policy on a change in the law, and decide on the content of the bill  Policy is converted into a series of statements and clauses to be placed before parliament as a bill. The bill is drafted by parliamentary counsel, on the advice of the relevant member/party.

Overview of Stages in Parliament Bill is introduced into either house of Parliament  1st House: Initiation or Introduction of bill  First Reading  Second Reading (speech and debate)  Committee Stage/Consideration in Detail  Third Reading  Voting on the Bill. If it passes, then it proceeds to the second house. 

Second House: The bill goes through the same procedure as original house: Initiation and first reading Second reading Committee stage Third Reading Vote on Bill. Vote on Bill. (The bill must be passed in the same form by both houses) Certification Royal Assent Proclamation

Example: Passage of Crimes (Homicide) Bill 2005 (Vic.) Introduction and First Reading: Bill is introduced into the Legislative Assembly on October 5 th 2005 by Attorney-General Rob Hulls. Permission is obtained to proceed with the bill. Long title of the bill is read out, and copies distributed to members of parliament. See: Hansard - Legislative Assembly - 5/10/05 page 9 Hansard - Legislative Assembly - 5/10/05 Hansard - Legislative Assembly - 5/10/05

Crimes (Homicide) Bill 2005 (Vic.) Second Reading: On October 6 th 2005, Rob Hulls gave his Second Reading Speech, outlining the broad principles and purpose of the Bill. See: Hansard - Legislative Assembly - 6/10/05 page 69 Hansard - Legislative Assembly - 6/10/05 Hansard - Legislative Assembly - 6/10/05 Second Reading debate (26 th October): Hansard - Legislative Assembly - 26/10/05 page 80 Hansard - Legislative Assembly - 26/10/05 Hansard - Legislative Assembly - 26/10/05

Crimes (Homicide) Bill 2005 (Vic.) Third Reading: On 26 th October, at the completion of the Second Reading stage, the Bill passes the remaining stages. The Long Title of the Bill is read again, and it is voted that the Bill should continue to the next house. See end of Second Reading at: Hansard - Legislative Assembly - 26/10/05 page 94 Hansard - Legislative Assembly - 26/10/05 Hansard - Legislative Assembly - 26/10/05

Crimes (Homicide) Bill 2005 (Vic.) Second House – Introduction and First Reading of Bill: Bill is introduced into the Legislative Council on October 26 th 2005 (for Justin Madden) Permission is obtained to proceed with the bill. Long title of the bill is read out, and copies distributed to members of parliament. See: Hansard - Legislative Council - 26/10/05 page 95 Hansard - Legislative Council - 26/10/05 Hansard - Legislative Council - 26/10/05

Crimes (Homicide) Bill 2005 (Vic.) Second Reading (Legislative Council): On October 27 th 2005, Justin Madden gave his Second Reading Speech, outlining the broad principles and purpose of the Bill. See: Hansard - Legislative Council - 27/10/05 page 24 Hansard - Legislative Council - 27/10/05 Hansard - Legislative Council - 27/10/05 Second Reading debate (15 th Nov): Hansard - Legislative Council - 15/11/05 page 67 Hansard - Legislative Council - 15/11/05 Hansard - Legislative Council - 15/11/05

Crimes (Homicide) Bill 2005 (Vic.) Third Reading (Legislative Council): On 15 th November, at the completion of the Second Reading stage, the Bill passes the remaining stages. The Long Title of the Bill is read again, and it is voted that the Bill should continue to the next house. See end of Second Reading at: Hansard - Legislative Council - 15/11/05 page 73 Hansard - Legislative Council - 15/11/05 Hansard - Legislative Council - 15/11/05

Crimes (Homicide) Bill 2005 (Vic.) Royal Assent and Proclamation: The Governor, John Landy, assented to the Bill, in the name of the Queen, on 22 nd November, Bill to take effect from 23 rd November, The new Crimes (Homicide) Act proclaimed in the Government Gazette on 24 th November, See page 2713 or Extract on next page.

Crimes (Homicide) Act 2005 (Vic.)

Review Questions 1. Distinguish between a government bill and a private member’s bill. In which category does the Crimes (Homicide) Bill belong to? How do you know? (2 marks) 2. Explain the purpose of the First Reading. (2 marks) 3. The Bill underwent a long Second Reading stage. Explain the purpose of this stage. To what extent was this stage effective in bringing about debate on issues in this Bill? (4 marks)

Review Questions 4. The Hansard reports do not show any Committee discussion. Suggest why this is so. (2 marks) 5. Proclamation could be seen to be important in officially notifying the public of a change in the law. To what extent does it do this? How do the public generally find out about changes in the law? (2 marks) 6. Which stage of the passage of a Bill do you consider to be the most important? Justify your decision. (2 marks)

7. Discuss three strengths of the law-making process that are illustrated through this example. (6 marks)