Parliament: law-making processes

1. Parliament: law-making processes Chapter 4 Overview Monday 11 February 2013

2. Chapter 2 described the structure and role of Parliament (at state and federal level) – i.e. WHAT it does • One of Parliament’s most important roles is to make laws. • Chapter 3 described the reasons WHY a law may need to change and different methods used by groups and individuals to influence legislative change. • In Chapter 4, we learn about HOW the Parliament makes laws How this Chapter relates to previous chapters

3. Legislative process refers to the steps/stages used by Parliament to make a law. • It describes how a ‘bill’ becomes a law. • A bill is a proposed law. It must be passed by both houses of parliament and receive royal assent in order to become a law. Legislative process

4. Our Parliament is supposed to be REPRESENTATIVE and RESPONSIBLE to the public • Therefore, when society changes (needs, values, technology) and gaps emerge in existing laws, legislative change is required • Most of our laws are initiated by the government (Cabinet decisions) • Other influences include MPs, political parties (e.g. the opposition), government committees or reports, pressure groups and the media Initiation of legislation

5. There are many sources of influence on legislation

6. Government bills – have the approval of Cabinet and are most likely to be successful because it has the support of the government. • It often results from government policy (also called a ‘public bill’) or recommendations from government departments. • Examples include financial bills (e.g. the budget) Different types of bills

7. Private member’s bills – introduced without Cabinet support (usually by a government backbencher or member of the opposition) • Usually unsuccessful because MPs will vote according to party policy • Private bills – affect only a small portion of the community, e.g. Uniting Church Act • Usually passed Different types of bills cont.

8. Cabinet consists of the PM and ministers (Cth level) or Premier and ministers (state level) • Not formally recognised by the Constitution but part of parliamentary convention (means we have done it for so long that it is an accepted rule) • Cabinet has substantial resources, receives advice from many committees and decides on which legislation to introduce to parliament Role of Cabinet

9. Drafting legislation = writing laws • According to page 75, textbook: ‘process of framing the words of a proposed law in the form of a bill’ • Drafting legislation is the role of parliamentary counsel • Minister responsible for introducing the bill in parliament or the relevant govt department will brief (advise) the parliamentary counsel on what is required Drafting legislation

10. Time constraints – due to heavy workloads during parliamentary sitting time, process may be rushed and laws may be poorly drafted • Legal terms – the legal meaning of certain words will differ from their everyday meaning – this can cause confusion • Possible interpretations – courts may interpret words and terms in a different way to their original intent – this can lead to uncertainty or inconsistency Problems in drafting legislation

11. Advice given – the minister or department briefing parliamentary counsel may not provide adequate, clear or accurate advice – this may result in loopholes or omissions in the law. Problems in drafting cont.