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Sources of law.

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Presentation on theme: "Sources of law."— Presentation transcript:

1 Sources of law

2 Reasons why laws may need to change
Changing values and attitudes in society

3 Oscar’s Law Changing values and attitudes in society
In the past, people tended to be less concerned with the welfare of animals. Debra Tranter (a campaigner) called for change in the law relating to puppy farming. Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act (Vic.) This Act also amended the Prevention of Cruelty to Animals Act 1986 (Vic.) to increase penalties for cruelty to animals. Changing values and attitudes in society

4 Changing values and attitudes in society

5 Changes in society Advances in technology

6 Greater need for protection of the community

7 Greater awareness of the need to protect rights

8 Sources of law in Australia
Statute law or Acts of Parliament Parliament Common law Judge-made law Statutory interpretation Courts

9 Parliament The supreme law-making body.
Its main role is law-making, it can change or repeal its own laws and it can override laws made by the courts.

10 Law Reform Most law reform is initiated through parliamentary ministers Individuals and pressure groups also have an influence to change the law. Influence for law reform can occur through: Pressure groups (Animals Australia, GetUp!) Methods including petitions, demonstrations, media Law reform bodies (Australian Law Reform Commission, Tasmanian Law Reform Institute) Ministers and departments Parliamentary committees Royal Commissions and Commissions of Inquiry Statutory bodies (e.g.: Sentencing Advisory Council)

11 Initiation of legislation
Government departments: Departments review the laws in operation and the need for changes in the law Cabinet and ministers: Cabinet decide on which laws need to be changed and what bills need to be introduced to parliament. Parliamentary committees: Investigate matters and report back to Parliament. Committees may be asked to investigate the need for change in the law and make recommendations to parliament. Drafting legislation: The Office of Parliamentary Counsel (OPC) (State/Federal) is responsible for drafting legislation. Its principle function is drafting bills for introduction into either house of parliament and drafting amendments of bills. Reviewed by departments, ministers, parliamentary committees in some cases, with final approval by cabinet before the bill is introduced into Parliament.

12 Current bills to be debated in parliament…

13 Scrutiny of bill Scrutiny of bills by parliamentary committees can occur before or during the progress of a bill. The main advantage of the process of referring proposed legislation to committees are that committees: Provide further scrutiny of proposed legislation Are able to undertake thorough examination of proposed legislation Are able to hear submissions from interest groups and individuals in the community interested in the proposed legislation Provide the public a chance to contribute to the legislative process.

14 Scrutiny of bill Senate
The Senate Selection of Bills Committee is responsible for examining all bills that come before the Senate and decides whether a bill should be referred to a legislative and general purpose standing committee. House of Representatives The Selection Committee decides if bills should be referred to another committee such as the Standing Committee on Climate Change, Environment and the Arts.

15 Progress of bill through parliament
Bill is introduced in either the upper or lower house (with the exception of appropriation bills that can only be introduced in the lower house).

16 Introduction into parliament
The minister who wishes to introduce a bill gives notice of his or her intention to bring the bill into the house (usually written notice).

17 First reading The minister/member in charge of the bill presents the bill to Parliament. The clerk (Officer of House of Parliament) reads the long title of the bill. There is no debate – copies of the bill and notes are circulated. This is known as the first reading.

18 Long title Short title

19 Second reading The relevant minister or member moves a motion that the bill ‘be now read the second time’ and then outlines the purpose, the policy and intentions of the bill to the House. The bill is then debated with the opposition and other members entitled to make speeches indicating their support for the bill or any criticisms of it. A vote is taken at the end of the debate.

20 Committee stage In the lower house, it is possible to skip this stage and go directly to the Third Reading if the members unanimously support the bill. It is more usual that the bill moves to committee stage. The process: The speaker (lower house) or the president (upper house) leaves the house and the house is then said to be in committee. Each clause of the bill is discussed in detail Amendments are most likely to be made at this stage Each clause and any amendments are voted on. At the conclusion, the chair of committees must report progress or completion of the debate. Note: the committee stage refers specifically to the detailed consideration of a bill and should not be confused with the operations of Parliamentary Committees which undertake investigations outside Parliament.

21 Third reading At this stage it is only the report from the Committee that can be discussed/commented on. The next step is a formal motion from the Minister that the bill be read (long title of the bill) for the third time. The bill is then voted on again, and if passed, this completes the passage of the bill in the first house.

22 Agreement by both houses
The bill then moves to the second house and the bill goes through the same process. Any amendments must be communicated to the original house. Any amendments must be approved by both houses in identical form before a bill can become law.

23 certification The clerk of parliaments certifies the bill.

24 Royal assent The Governor (State) or Governor-General (Federal) signs the bill and gives royal assent. The bill is now an Act of Parliament.

25 proclamation The act comes into operation on a day stated in the act or on a day proclaimed by the governor or governor-general.


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