VCE LEGAL STUDIES
PETER F HUGHES 2012 ©
Unit 3
LAW MAKING
Parliament part (i)
UNIT 3 ADVICE
School Assessed Coursework (SACS) = 25% Score



Outcome 1 Structure and Role of Parliament
– 25 Marks
Outcome 2 The Constitution and Protection of
Rights – 50 Marks
Outcome 3 The Role of Courts in Law Making
- 25 Marks
UNIT 3 ADVICE
Read the relevant sections of the VCAA Study
design 2011-2015
 Ensure you have a copy of the exams and
examiner’s reports for the last few years.


Obtain a copy of Mountford P, Walker C,
Checkpoints 2011 VCE Legal studies
Units 3 & 4 Cambridge University Press
UNIT 3 LAW MAKING
OUTCOME
 Explain the structure and role of Parliament.


Explain the processes and effectiveness of
Parliament as a Law Making Body.
Describe why Legal Change is required and how
that change can be Influenced.
CHAPTER 1 THE AUSTRALIAN
PARLIAMENTARY SYSTEM



Note the legal terms on page 8 of the text.
Ensure you start a vocabulary book for this
subject with the main definitions of the terms we
will use.
Get into a habit of reading the material we will
be covering in class before the lesson.
CHAPTER 1
THE AUSTRALIAN PARLIAMENTARY
SYSTEM
Australia 2012
 A constitutional monarchy

The Commonwealth of Australia Constitution Act
1990 (UK)
 Constitution defn – The system of fundamental
principals according to which a nation, state or
body politic is governed (Macquarie dictionary)

CHAPTER 1
THE AUSTRALIAN PARLIAMENTARY
SYSTEM
Federation 1901 January 1st
 Created the Federal System of Government


o
Australia has 6 State Parliaments
2 Territory Parliaments
1 Commonwealth Parliament
Realise the importance of the constitution and
the ability of the Commonwealth Parliament to
make laws under it.
CHAPTER 1
THE BICAMERAL SYSTEM
Bicameral (In a Nutshell)
- 2 houses of parliament.
- Upper and Lower House.
- Federal Parliament and States all
have 2 houses
except
- Queensland, ACT and NT = 1 house
THE BICAMERAL SYSTEM
Commonwealth
Parliament
Upper House
Victorian State
Parliament
Upper House
Senate
Legislative
Council
Lower House
Lower House
House of
Representatives
Legislative
Assembly
COMMONWEALTH PARLIAMENT.
STRUCTURE
Queen
Senate
House of
Reps
•Represented by:
•Governor General
•Upper House
•Lower House
HOUSE OF REPRESENTATIVES
(LOWER HOUSE)
Majority members of a political party form
Government in this house.
 Leader = Prime Minister
 Government Ministers are appointed and hold
portfolios (eg Education)

Opposition party has the second most elected
members in an election
 Leader = Opposition Leader
 Shadow ministers watch their counterpart’s
portfolio

HOUSE OF REPRESENTATIVES
(LOWER HOUSE)
Main Role of the House of Reps
o Initiate and Make laws (eg Carbon Tax)
o Form Govt after an election
o Responsible Govt (important)
o Represent the people
o Publicise and examine govt administration
o Monitor govt expenditure (The Budget)
Ok, we have just started the course, so how
important is this information?
VCE LEGAL STUDIES EXAM
15 NOVEMBER 2012 3.00PM (70 MARKS)
Question 7
A former member of parliament recently commented
that ‘the use of media has been effective in
influencing change in the law in recent times,
given that parliament itself has weaknesses as a
law maker.’
a. Explain how individuals or groups use the media
to influence legislative change (with an
example) 2 marks
b. Evaluate two weaknesses of parliament as a
law-maker 6 marks
THE HOUSE OF REPRESENTATIVES.
EFFECTIVENESS
p14
Realise the significance of political parties that
have large majorities in the Lower House.
1. Proposed bills may be passed easily.
2. Changes that were promised during election
campaigns will be easy to fulfil.
Political parties with small majorities may face
difficult times eg
1. Long debates and the chance the bill will fail.
2. Can’t fulfil election promises.
THE SENATE
(UPPER HOUSE)
The Important Points:
Senators are elected for 6 year terms.
Half of the senators are elected every 3 years.
Each state has 12 senators.
Each territory has 2 senators
= 76 Senators
Elected by proportional representation. (voters
order of preference)
SENATE
(UPPER HOUSE)
Main Role of the Senate:
•
•
•
•
•
Law making power similar to House of Reps
Can’t initiate money bills (taxes)
Passes laws that have been passed in the
House of Reps (Lower House) then the bill
receives Royal assent.
States are represented here thanks to the
constitution = representative government
With its various committees, acts as a
House of Review.
THE SENATE
HOW IT WORKS!
Examines all bills closely that have been passed
in the House of Reps.
 This examination ensures that the government in
the House of Reps is accountable for its proposed
legislation.

Example: The Goods and Services Tax
 Example: The sale of Telstra


Refer to advertisement for a public forum on the
Senate Inquiry into the Social and Economic
Impact of Rural Wind Farms.
THE SENATE
EFFECTIVENESS AS A LAW MAKER



Governments that have a majority in the senate
can pass legislation easily.
Hostile senates are a different matter. Some
parliaments have senates that are controlled by
the opposition.
Hostile senates require the government to
persuade senators to back their legislation.
Currently the Australian Labor party forms
alliances with The Greens and Independent
Senators.
EXERCISES
Learning activity 1.1 page 10
All questions

Learning activity 1.2 page 17
All questions
o