1. Parliament
The Legislative Role

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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”

8. Origins of Legislation
Public Opinion & Pressure Group Activity
Issues that arise in society may need a legislative solution. NT legalised euthanasia in 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

9. 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”

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

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