The Passing of a bill through parliament BILL ACT

Types of bills Government Bills- Private members’ bills- proposed by ministers (guaranteed to pass through the lower house) Private members’ bills- usually introduced by opposition members or government backbenchers (often controversial ie: abortion, euthanasia, and often fail-voted down by the lower house- because they do not have the backing of cabinet. Money or appropriation bills- any bill that involves government spending or raising taxes. HoR ONLY. Senate may not amend, but can send back to HoR to amend

Types of Bills Private bills- very rare- introduced by government and only applies to one person or group. eg. The Commonwealth Protection Act 1990 (Vic.) was a private bill that only applied to one prisoner named Gary David (aka Gary Webb). Gary was a prisoner who made crazy threats such as blowing up the MCG on Grand Final day. The act was introduced to hold him is prison. This is not ideal. Since 1990, the act has been amended to deal with such violent prisoners, by introducing an act re: ‘indefinite sentencing’

Finding legislation Hansard reports which contain records of parliamentary discussion of bills can be found at: Victorian bills: www.parliament.vic.gov.au Commonwealth bills: www.aph.gov.au Current legislation can be viewed at: Vic: www.legislation.vic.gov.au Commonwealth: www.commlaw.gov.au

While any member of parliament may draft an initiate a Bill that proposes a change to the law, most legal changes are suggested by Cabinet. Cabinet is the government policy-making body that is made up of senior ministers and the Prime Minister (Premier on state level). Cabinet is not mentioned in the Constitution, but is a convention Australia retained from British law.

Parliamentary Committees The question of a need to change in the law could have been considered by a parliamentary committee. Parliamentary committees can be composed of members of one house only or a joint committee of both house of parliament. They must be standing committees that are in existence for the life of the parliament, which are charged with an ongoing check on their particular area of interest, or they could be a select committee appointed to investigate a specific issue. Parliamentary committees conduct inquiries into specified matters and report their findings back to parliament for it to consider.

Parliamentary Counsel Once the desired content of the Bill has been determined, Cabinet (relevant ministers) will brief a parliamentary counsel, of about 35 professional ‘bill drafters’ They act on the advice of the ministers and draft the legislation. The office of Parliamentary Counsel consists of lawyers who work for parliament and are able to use their skills in using legal language and specialised legal knowledge when drafting legislation.

Bill Act Notice of intention 2. First reading (clerk) Copies distributed to MPs 3. Second Reading ‘Second Reading Speech’ by MP responsible for the introduction Debate and vote 4. Consideration in detail/committee stage **optional** Examined in detail 5. Third reading –debate on content Voting on bill 6. Second House Bill undergoes same process 7. Certification Clerk certifies -after passed through both houses 8. Royal Assent Crown’s representative Signs off on Bill 9. Proclamation In Australian Gazette Bill passes first house Act

Introduction/Notice of Intention The MP responsible for the Bill gives notice of their intention to present the Bill when Parliament next sits.

The first reading The first reading is the Bill’s formal introduction. The member must present the Bill to the house. The ‘Long title’ is read out. There is no discussion or debate. Copies are circulated to all members of the house. The contents of the Bill are made known. At this time the Bill may move immediately to the second reading or a future date for a second reading is set.

Second Reading The minister will deliver a speech outlining the purpose, function and broad objectives of the Bill, called the second reading speech. In Victoria, this speech must begin with a statement of compatibility, stating whether the Bill is compatible with the Victorian Charter of Human Rights and Responsibilities. Members study the Bill and its effects. A Bill is then often referred to a committee for scrutinising. The Second reading debate then occurs, commencing with the opposition’s response to the Bill. This is usually the most substantial debate on the general principles of the Bill takes place. A Vote is taken to determine whether to continue with the Bill.

Consideration in detail/Committee Stage The Speaker of the Lower House or President of the Upper House leaves, and is replaced by the Chairman of Committees. An informal discussion of the Bill takes place where it is examined in detail, clause-by-clause, and amendments are made and voted upon. This stage can be bypassed if the members agree that the Bill does not need to be examined in detail.

Third Reading The long title is read again and there may be some debate on the content of the Bill. Voting on the Bill. If it passed the first house, the clerk again reads the long-title of the Bill to signify that the Bill has finally passed the House. Bill passes the first house and proceeds to the second house

Second House The Bill goes through the same procedures as the original house: Initiation and First Reading Second Reading Committee of the Whole/Committee stage Third Reading Vote on Bill Any amendments made in the second house must be communicated to the first house, and the Bill in its new form needs to be passed in the first house. The Bill must be passed in the same form in both houses.

Certification The clerk of parliament certifies the bill after it has passed through both houses of parliament.

Royal Assent Bill is checked and signed by the Queen’s representative-the Governor-General (at Federal level) or the Governor (at state level)

Proclamation Proclaimed in the Commonwealth of Australia Gazette, and the date given of when the act will come into effect. (If not stated, the act comes into operation 28 days after royal assent)

*Remember!* It is parliament, not government, that passes Bills to become Acts. Bills must proceed through all three parts of parliament: the Lower House, the Upper House and the Crown. Government is only a subset of parliament. It may formulate policy, but does not, by itself, make laws.