M3 - Learner Manual

Parliament is not the same thing as government. It is an institution which provides a form of legitimacy (validity) to government. 

Government in Australia is based upon a party system in which one party or a coalition of parties has established the right to govern and introduce policies and laws for the period in which they are elected. The party system is not formally found in the various constitutions. Its role in relation to the Parliament and in government is created by convention (practice).

1. Bicameral nature of Australia’s Parliaments

The Parliaments at the federal and State levels (except Queensland) are bicameral. This means that there are two Houses of the Parliament. Therefore, Parliament consists of three elements – that is, the Crown and the two Houses.

In Queensland (QLD), the system is unicameral.

In the Territories (Australian Capital Territory (ACT) and Northern Territory (NT)), the system is unicameral.

 

Snapshot

At the federal or Commonwealth level, the Upper House is called the Senate. The Lower House is called the House of Representatives.

At the level of the States the Upper House is called the Legislative Council and the Lower House goes by different names:

The Legislative Assembly; in Western Australia, Victoria, New South Wales and QLD.

The House of Assembly: in Tasmania and South Australia.

 

2. Relationship between the Upper and Lower Houses

The Lower House – initiatives for laws begin here.

The Upper House – reviews the laws passed from the Lower House and therefore acts as a brake and provides an opportunity for more extensive deliberation on the actions and initiatives of the Lower House.

 

3. The functions of the House of Representatives

a)    Makes laws

The process of making legislation begins at the House of Representatives.

To become law, bills must be passed by both the House of Representatives and the Senate.

b)    Determines the Government

After an election the political party (or coalition of parties) which has the most Members in the House of Representatives becomes the ruling party.

Its leader becomes Prime Minister and other Ministers are appointed from among the party's Members and Senators. The Prime Minister and his/her Ministers form Cabinet.

c)     Publicises and examines government administration

The House of Representatives debates legislation and ministerial policy statements; discusses matters of public importance; sets up committees of investigations; and asks questions of Ministers.

During question time, Members may ask Ministers questions without notice on matters relating to their work and responsibilities.

d)    Represents the people

Members may present petitions from citizens and raise citizens' concerns and grievances in debate.

e)    Controls government expenditure

The Government cannot collect taxes or spend money unless allowed by law through the passage of taxation and appropriation bills.

 

4. The Senate

The Senate fulfils its role as a check on government by examining bills; delegated legislation; government administration; and government policy in general.

It does this by way of procedures utilised in the Senate chamber itself and through the operation of the Senate committee system.

There are 12 Senators from each of the six States, and two from the ACT and NT.

 

What is a statute?

The most important role of Parliaments is to make laws for their State, Territory or the Commonwealth. This is done through the parliamentary process of passing of legislation also known as: ‘Acts of Parliament’ / ‘Act’ / ‘Statute’.

 

1. Delegated (subordinate) legislation

Delegated legislation, as in the form of regulations to an Act, is not made by Parliament but by some designated nominee, such as a Minister or local government body.

The reasons for delegation are varied, including:

• Parliament’s lack of time and expertise to deal with details; and
• Rapidly changing circumstances.

Delegated legislation cannot contradict the Act that allowed for it to make a rule, regulation, or by-law.

 

2. What is a Bill?

While a State or Federal parliament is considering whether or not to pass an Act, the draft Act is called a Bill. A Bill must pass through parliament and receive Royal Assent before it becomes an Act.

 

3. When does an Act come into effect?

After a Bill becomes an Act, it does not necessarily commence immediately. It may commence on a date specified in the Act itself, or by proclamation (publication in the Government Gazette).

Different parts of an Act may commence at different times. If no time is specified, an Act commences 28 days after receiving the royal assent.

Once an Act commences, it becomes law.