1.6 – Federal Parliament and its
characteristics and role in law making
Key Concept
Federal parliament has an important
role to play in making law in Australia.
It must play a dynamic role in
responding to changing political,
economic and social circumstances
that often necessitate change to law.
GSC Legal Studies 1/2 AOS 1 – 2015
1
1.6 – Federal Parliament and its
characteristics and role in law making
Queens Representative
(The Crown)
Peter Cosgrove
Upper House
The senate
Lower House
House of
representatives
GSC Legal Studies 1/2 AOS 1 – 2015
2
1.6 – Federal Parliament and its
characteristics and role in law making
(The Crown)
The crown is required to:




The crown is represented by the Queen of England’s representative
Federally it is the Governor General (Peter Cosgrove)
State Level – By the Governor
1.
Sign Bills to give Royal Assent so they can become law
2.
Appoints federal executive council
3.
Establish departments of government
4.
Appoint Ministers
5.
Approve delegated legislation
6.
To ensure that our democratic system of government operates
effectively
7.
Acts as head of state
8.
Appoints judges to court
9.
Dissolves the House of Representatives to bring about an
election.
10.
At federal level only the GG has the authority to withhold Royal
Assent to prevent a Bill from becoming law.
(Alex Chernov)


The GG is appointed by the Government of the day and approved by
the Queen
Traditionally it is the Queen or her representative who opens a session
of Parliament with a speech to members of both houses.
http://www.aph.gov.au/About_Parliament/House_of_Representatives/Research_and_Education/Work_of_the_Session
GSC Legal Studies 1/2 AOS 1 – 2015
3
1.6 – Federal Parliament and its
characteristics and role in law making
(House of Representatives)

The house of representatives acts
as the ‘peoples house’ and
members of the house are elected
to represent the views of the
Australian People.

Roles of the House of
Representatives includes;
Making laws by introducing bills,
debating bills, amending bills and
voting for bills
The government of the day is
formed by winning the majority of
seats.
Controls government expenditure Bills to raise or spend revenue can
only occur in this house.
GSC Legal Studies 1/2 AOS 1 – 2015
4
1.6 – Federal Parliament and its
characteristics and role in law making
(House of Representatives)

It was envisaged that the lower
house would represent the national
interests rather than that of the
states, which would be
represented by the upper house.

The lower house has been referred
to as the ‘peoples house’ for this
reason
GSC Legal Studies 1/2 AOS 1 – 2015

The Commonwealth Constitution
provides that the numbers in the
House of Representatives (as far as
practicable) should be twice that
of the upper house. Each state
should have no fewer than 5
members.
5
1.6 – Federal Parliament and its
characteristics and role in law making
(House of Representatives)

Consists of 150 members
49 NSW
37 VIC
29 QLD
15 WA
11 SA
5 TAS
2 ACT & NT
The speaker presides over the house and is
elected by the House of Reps and is an
elected member of parliament from the
House of Reps
GSC Legal Studies 1/2 AOS 1 – 2015
6
1.6 – Federal Parliament and its
characteristics and role in law making
(House of Representatives)

Government of the day is formed
(Min 76 seats required)

Party/coalition of parties with the
majority of seats in the house
forms government.

Stays in Government for 3 years
after the first sitting of the newly
formed Parliament
GSC Legal Studies 1/2 AOS 1 – 2015

Has the power to remove a
dysfunctional government if
confidence/support of Parliament
has been lost.

A Vote of all sitting members is
required.

Approx. 95% of all new legislation
starts in this house.

Money bills MUST originate in this
house
7
1.6 – Federal Parliament and its
characteristics and role in law making
(House of Representatives)

Cabinet
All ministers are members of the
Cabinet, but in practice, the Prime
Minister and Senior Ministers (Most
Important Portfolios) form Cabinet.


Cabinet is in a powerful position as
it determines priority with the
passing of bills.

Cabinet decisions and deliberations
are confidential and all ministers
are expected to support
(Publically) the decisions of
Cabinet.

Currently 18 ministers and 1 prime
minister form cabinet

http://www.aph.gov.au/About_Parliament/Parliamentar
y_Departments/Parliamentary_Library/Parliamentary_Ha
ndbook/Current_Ministry_List
Responsible for the day to day
running of the Country.
GSC Legal Studies 1/2 AOS 1 – 2015
8
1.6 – Federal Parliament and its
characteristics and role in law making
(Senate)

Senate Composition
76 Senators – Represent the
people of each separate
state/territory
12 Senators for each state
ACT & NT have 2 senators each
GSC Legal Studies 1/2 AOS 1 – 2015
9
1.6 – Federal Parliament and its
characteristics and role in law making
THE SENATE




Senators are voted in for 6
years
Half of the senators retire
every 3 years
Territory senators remain in
term for 3 years
Presided over by the President
(Elected by the senators)
GSC Legal Studies 1/2 AOS 1 – 2015

Senate Functions

Provide equal representation for the
states in the Commonwealth
Parliament

Called the States House for this reason.

Can introduce any bill (Except Money
Bills) Very small number of Bills
originate from the senate

Acts as a house of review. Senate can
accept/reject/amend or request House
of Reps to amend the bill. It provides
for a second opinion.

Scrutinise the activities of Government
by a system of committees that review
the administrative actions of Ministers
10
1.6 – Federal Parliament and its
characteristics and role in law making
(Senate)



Senate committees are responsible for
investigating matters such as government
administration/ policy performance
Select committees – appointed as the
need arises and are ceased once the task
is completed. They generally inquire into
controversial or politically sensitive
matters such as mental health and
maritime incidents (Children overboard).

Standing committees – (8 in total) that
oversee all areas of government activity.

Includes - foreign affairs, defence,
industry and trade, social welfare,
education, arts, science, technology,
environment, constitution, legal affairs
and national resources.

Standing committees are appointed at the
beginning of parliament and are
appointed for the life of parliament
Joint Committees - established by both
houses of parliament to work together on
an issue
Current senate inquiries

GSC Legal Studies 1/2 AOS 1 – 2015
http://www.aph.gov.au/Parliamentary_Busin
ess/Committees/Senate/Current_Inquiries
11
1.2 Structure and role of the Commonwealth
Parliament
(Senate)

Double Dissolution
If the senate twice refuses to pass legislation from the Lower
House the Australian Constitution determines this to be a
deadlock between the two houses of parliament.

In this situation the Constitution permits the GG to
dissolve both houses of parliament and call an election.

All senators must face an election (Not half as usual)

There have been six double dissolutions:
GSC Legal Studies 1/2 AOS 1 – 2015

•1914—the deadlock was broken by the
Government losing its majority in the House as a
result of the double dissolution election. The
legislation was not reintroduced.

•1951—the deadlock was broken by the
Government gaining a majority in both Houses; the
legislation was reintroduced and passed by both
Houses in the normal manner.

•1974—the Government was returned but the
disagreement between the Houses continued,
resulting in a joint sitting at which the bills
concerned were passed.

•1975—the bills concerned were not reintroduced
in the new Parliament. Unique circumstances
applied in 1975—following disagreement over the
passage of a number of bills the Government was
dismissed by the Governor-General and a
‘caretaker’ Government installed to enable
passage of appropriation bills. The caretaker
Government then requested a double dissolution
and was elected at the ensuing election. The bills
providing the technical grounds for the double
dissolution were not those of the caretaker
Government seeking the dissolution, but those of
the Government dismissed by the GovernorGeneral.

•1983—the deadlock was broken by the
Government losing its majority in the House.

•1987—the Government was returned; the bill
concerned was reintroduced and again
12 passed by
the House but ultimately not proceeded with.
Current situation in federal parliament

House of Reps
Lib/Nationals
Labor

90
55
Senate (July 2014)
Lib/Nationals
Labor
26
9
33
Minor Parties
3
Greens
Independents
2
Palmer United
3
Ind/Minor
5
Clear majority???????
GSC Legal Studies 1/2 AOS 1 – 2015
13
Your Turn

Complete Questions 1- 8 (Page 22)
GSC Legal Studies 1/2 AOS 1 – 2015
14