JUSTICE & OUTCOMES 13 Chapter 1 The Australian parliamentary system Justice & Outcomes ISBN © Oxford University Press Australia1

Overview Background to Australia’s parliamentary system Structure and roles of the Commonwealth and Victorian Parliament Principles of the Australian parliamentary system

Australia’s Road to Independence Prior to 1900 Australia had been six separate colonies, each with its own government. Commonwealth of Australia Constitution Act 1900 (UK) – Australia came into being as a nation, mores specifically a federation. This act came into operation on 1 January With the passing of this Act each of the colonies became states. The states retained most of their powers, but gave certain powers to the new Commonwealth Parliament, these powers are enshrined in the Commonwealth Constitution The structure and procedures of the new Commonwealth Parliament are also laid down in the Constitution The final step to independence took place in 1986 when the British Parliament passed the Australia Acts to abolish its power to pass laws applying to Australia and made the High Court of Australia the final court of appeal within the Australian legal system. Justice & Outcomes ISBN © Oxford University Press Australia3

Background to Australia’s parliamentary system Based on the British parliamentary system (Westminster system) Two houses of parliament (bicameral) Constitutional monarchy A monarchy as well as its own constitution The Queen is the head of state and part of the Australian parliamentary system Representative democracy A government that represents, and is elected by, the people Federation of states Divided into states united by a federal system of government 9 parliaments in Australia including 1 Commonwealth Parliament Established by the Commonwealth Constitution (1901) 4Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

The Bicameral System Justice & Outcomes ISBN © Oxford University Press Australia5

Learning Activity 1.1 Complete questions 1-6 (pg 10) Justice & Outcomes ISBN © Oxford University Press Australia6

The Key Principles of the Australian Parliamentary System The Separation of Powers Representative Government Responsible Government Justice & Outcomes 13e ISBN © Oxford University Press Australia, 20157

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Separation of powers Legislative and executive powers are combined The Governor-General is part of the structure of parliament (legislative) but also has executive power In practice, the power to administer the law (executive power) is placed in the hands of the cabinet, which also forms parliament Legislative and judicial powers must be kept separate Courts and judges remain independent Reasons for separation of powers Protects stability of government Provides independence between the bodies that make the law and the bodies that enforce the law Checks and balances process to ensure no abuse of power Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Representative government Represents the views of the majority of the people Chosen by the people at regular elections The Constitution requires the Senate and the House of Representatives to be chosen directly by the people (ss 7 and 24) Must be answerable to the people Lower house reflects the will of the people 10 Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Responsible government Government’s responsibility to voters Remains accountable and answerable Ministers can be called upon to explain their actions in parliament (ministerial accountability) Members of parliament can be questioned Ministers must carry out duties with integrity and propriety or resign Public scrutiny of the law-making process It is expected a government will resign if it is has lost support of the lower house 11 Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Structure of the Commonwealth Parliament The Queen (represented by the Governor-General) The Senate (upper house) The House of Representatives (lower house) 12Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Structure of the House of Representatives 150 members of the House Elected every 3 years Each member represents a division of Australia Majority of the House forms government The number of representatives from any state varies according to the population of the state. Each member represents one of Australia's 150 electorates. On average, people live in each electorate, with an average of voters. Justice & Outcomes 13e ISBN © Oxford University Press Australia,

Role of the House of Representatives Determines the government (majority forms government) Provides representative government(acts as a people’s house) Provides responsible government Initiates and makes laws Scrutinises government administration Legislation is debated Ministers make policy statements Matters of public importance discussed Ministers questioned during question time Controls government expenditure 14Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Seating in the House of Representatives Justice & Outcomes ISBN © Oxford University Press Australia15

Preferential System of Voting The most preferred candidate wins the seat. If no candidate receives more than half of the votes cast, the candidates with the fewest votes are progressively eliminated and the votes received by them distributed (that is, allotted to other candidates according to the preferences of the voters). This continues until one candidate holds a majority of votes. Justice & Outcomes ISBN © Oxford University Press Australia16

Structure of the Senate 76 Senators Elected every 6 years (half elected every 3 years) Proportional representation Each member represents a state or territory Each state has 12 Senators Each territory has 2 Senators 17Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Proportional Representation System of voting for the Senate is known as proportional representation. Eg. 12 senators required for Victoria, party/person with the 12 highest number of votes gains a seat State senators are elected for a period of 6 years with half the number from each state retiring every 3 years Territory senators remain in office for one term of the House of Representatives, which is currently 3 years Justice & Outcomes ISBN © Oxford University Press Australia18

Role of the Senate Reviewing laws (House of Review) Initiates and passes Bills (other than money Bills) Provides for Representative Government ( equal representation – referred to as the states’ house) Providing for Responsible Government (Government doesn’t necessarily have majority seats in Senate) Scrutinises legislation (checks all Bills and delegated legislation), operates as a check on government Justice & Outcomes 13e ISBN © Oxford University Press Australia,

Effectiveness of the Senate Strengths Forms an integral part of the doctrine of the separation of powers. Provides for checks and balances on the power of the executive. Can make the government accountable and expose misconduct. Reviews legislation. Has been mostly outside the control of the government of the day. Allows for input from small partieis. Sits longer and devotes more time to legislation that the HOR. Weaknesses In practice senators tend to vote according to the party policies not providing for a house of review but merely a ‘rubber stamp’. Empowers small parties Disproportionate representation of small states and territories. (Tasmania Tasmania 357,873 voters - 12 senators NSW voters – 12 senators ACT NT – 2 senators Justice & Outcomes ISBN © Oxford University Press Australia20

Questions 1. Outline the differences between the role of the House of Representatives and the role of the Senate. 2. What do you consider to be the two most important strengths of the Senate? Justify your view. 3. What do you consider to be the two most significant weaknesses of the Senate? Explain. 4. How do you think the bicameral structure of parliament provides for effective law-making? 5. Learning Activity 1.2 Complete questions 1-9 (pg 18) Justice & Outcomes ISBN © Oxford University Press Australia21

Structure of the Victorian Parliament The Queen (represented by the Governor) The Legislative Assembly (lower house) The Legislative Council (upper house) 22Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Structure of the Legislative Assembly 88 members Elected every 4 years Each member represents a district of Victoria Majority forms government 23Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Role of the Legislative Assembly Initiates and makes laws Determines the government Represents the people of Victoria Provides responsible government 24Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Structure of the Legislative Council 40 members Elected every 4 years Each member represents a region of Victoria 8 regions in Victoria 5 members per region 25Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Role of the Legislative Council Initiates and passes Bills (other than money Bills) Represents the regions of Victoria Acts as a house of review Scrutinises legislation Operates as a check on government 26Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Learning Activity 1.3 Complete questions 1-4 (pg 21) Justice & Outcomes ISBN © Oxford University Press Australia27

Role of the Crown (Queen/Governor General) Gives or withholds royal assent to Bills Appoints times for the holding of parliament Appoints an executive council Federal level: made up of prime minister and senior ministers State level: premier and senior ministers Can grant pardons or remit fines for offences against the laws of Australia To appoint officers in the diplomatic and consular services of Australia Has reserve powers Power to appoint or dismiss a premier/prime minister or minister Power to dissolve the lower house 28 Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Effectiveness of the parliamentary system StrengthsWeaknesses Forum for discussionIf there is a hung parliament or balance of power in the Senate Ability to scrutinise proposed legislationVote according to party lines Supremacy of parliamentDelay to allow for debate Can represent the views of the majority in making laws Restricted by the Constitution Can influence values in the communityMay be reluctance to change Allows people to participate in the process 29 Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015

Glossary Bicameral Cabinet Crown Federation Government House of Representatives Legislation Legislative Assembly Legislative Council Minister Parliament Representative Government Responsible Government Royal Assent Senate Separation of Powers Westminster system

Learning Activities 1.4 (pg 24) 1.5 (pg 25) 1.6 (pg 30) 1.7 (pg 33) 1.8 (pg 33) Justice & Outcomes ISBN © Oxford University Press Australia31