Presentation on theme: "Law-making by parliament and subordinate authorities"— Presentation transcript:
1 Law-making by parliament and subordinate authorities
2 What you will learn The structure and role of parliament The law-making process of parliamentThe types of subordinate authoritiesThe law-making process by subordinate authorities
3 Role of parliament in Australia All societies need a supreme body to:governadministerpass lawsto regulate the affairs of society and its members
4 Laws made by parliament are known as legislation. Once these laws are written and published they become known as statutes or Acts of Parliament.
5 Federal system of government QWhat is the significance of January 1, 1901?Australia became a FederationThus forming the Commonwealth of Australia
6 Prior to Federation…Australia was made up of six self-governing colonies, independent of each other.Why do you think federation occurred?QWhat are some of the advantages of a having Commonwealth?
7 Federal government The Commonwealth of Australia consists of: Six states - Victoria, New South Wales, Queensland, South Australia, Western Australia and Tasmania.Two territories - Northern Territory and the Australian Capital Territory.
8 Responsibility for law-making This responsibility is shared between:State parliamentFederal parliamentBUTWhile each state in the Federation governs and administers its own affairs, the federal or Commonwealth government governs the country as a whole.
9 ConstitutionGA set of guidelines outlining the structure and law-making powers of parliamentThis document outlines:the principles of governmentlaw-making powers of each parliament
10 Commonwealth law will always override state law QWhilst there are two types of law in operation at any one time, what happens when there is a conflict or inconsistency over a particular law?Commonwealth law will always override state law
11 Test your knowledge What is the function of parliament? What are the laws made by parliament known as, and what are they written in?When did the Commonwealth of Australia come into existence?What does the term ‘federal system of government’ mean?
12 Division of legal legislative power Commonwealth of Australia Constitution Act 1900states that the Federal Parliament has the power to make laws ‘for the peace, order and good government of the Commonwealth’There are two types of such powers
13 The Constitution grants the Commonwealth parliament: exclusive powers in certain mattersconcurrent powers with the state parliaments in othersAny powers not listed in the Constitution as exclusive or concurrent belong to the states and are known as residual powers.
14 The Commonwealth has assumed primary control over: postal servicesindustrial disputesmarriagedivorcetrademarkscopyrightforeign affairsforeign trademigrationsocial servicestaxationbanking
15 The states have taken primary responsibility for: legal sys adminpolice & crimeeducationhousinghealthtransportagriculturetown planningenvironmentminingwaterpower supplyyouthsport
16 Structure of parliament In Australia our parliament is based on the Westminster system in England.There are nine separate parliaments:one Commonwealthsix statetwo territory
17 Systems of parliament Exception to this… Queensland two territories The Commonwealth and majority states follow a bi-cameral (a parliament that consists of two houses) system of parliament.Exception to this…Queenslandtwo territories
18 Queensland and the territories have only one house. Bi-cameral systemParliament is made up of two houses:Upper houseLower houseQueensland and the territories have only one house.
19 Commonwealth parliament The Commonwealth ParliamentQueen’s Representative(Governor-General)Lower House(House of Representatives)150 membersUpper House(Senate)76 members
20 State parliament The State Parliament Lower House Upper House Queen’s Representative(Governor)Lower House(Legislative Assembly)88 membersUpper House(Legislative Council)40 members
21 How do you become a member of parliament? Members of parliamentHow do you become a member of parliament?members are elected by the peopleat election timeallocated a seat in a House
22 Electorates Every person over the age 18 required to vote at both: CommonwealthState elections.
23 Candidates stand for election in each electorate. Electoral divisionAustralia and the states are divided into electoral districts based on:geographic locationpopulation in each areaCandidates stand for election in each electorate.
24 In Australia we use a preferential system of voting. voters place numbers in order of preferencecandidates represent a political partyvotes are allocated according to preferencecandidates with the most votes wins the seat and becomes a member of parliament
25 Formation of government After an election the political party with the most votes in the lower house forms the government.The Prime Minister is the leader of that partyThe largest party opposing the government forms the opposition.
26 Responsibility of members elected members represent the concerns and issues of their electorate to the parliamentanswer questions and contribute to debatesintroduce proposed lawsdiscuss details of legislation with members or the publicserve on parliamentary committees
27 This is the policy-making body of government consisting of: CabinetThis is the policy-making body of government consisting of:Prime Ministersenior ministersMinisters are members of government appointed to lead a specific portfolio or department.
29 House of Representatives 150 membersrepresents an electoral division throughout Australiahold office for three year termGovernment is formed in this housealso known as the ‘green house’the Speaker presides over the house and is responsible for ensuring parliamentary rules and orders are followed
30 Senate 76 members each state elects 12 representatives each territory elects 2 representativesmembers hold office for a six year termhalf the members elected every three yearsSenate ensures equal representation from each state, regardless of populationalso known as ‘red house’the President presides over the house
32 Legislative Assembly 88 members each member represents an electoral district throughout the statemembers hold office for four yearsgovernment is formed in this housethe Speaker presides of the chamber
33 Legislative Council 40 members elected from eight regions with five members from each regionmembers elected by proportional representationmembers hold office for four yearsthe President presides over the chamber
34 The initiation of legislation Party policies& political influencesThecourtsPublicopinionParliamentarycommitteesINITIATION OF LEGISLATIONInvestigativecommissionsPressure &Lobby groupsGovernmentdepartmentsLawReform bodies