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

 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

 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

 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

There are many sources of influence on legislation

 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

 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.

 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

 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

 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

 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.