LAW-MAKING THROUGH PARLIAMENT

Unit 3 Legal Studies

Types of Bills Government Bills

Introduced by Minister on behalf of Government

E.g. Health Minster – bill relating to health issues

Appropriation BillsMoney Bills or Supply Bills

Govt Bill – Authorising govt to spend money it collects through tax

Private BillsIntroduced by government and only applies to one person or groupE.g. Gary David Webb – Community Protection Act

Private Members BillIntroduced by member of parliament not part of government Often controversial – abortion or euthanasiausually don’t have backing of parliament

Pressures for Change in the Law

Individuals can express views to members of Parliament

Media Signing petitions Writing to editors of newspapers Joining pressure groups Demonstrations Parliamentary committees Government Departments Changes in values, technology,

environemental conditions

Parliamentary Committees

Q 1. Why do Parliamentary Committees exist? (page 38)

Key points Time Detailed public enquires Witnesses Promote public awareness Debate Ascertain needs of the people

Types of Committees Joint Committees

Made up from members of both houses

LongstandingE.g. Law Reform Committee – Juries Act 2000

Standing CommitteesAppointed for the life of the Parliament

Ongoing checks on govt activityE.g. Privileges Committee

Select committeesAppointed for specific purpose

E.g. Select Committee for Gaming Licenses

Law Reform Committee

Q2 What do Law Reform Committees do? (page 38)

Investigate Public Hearings Report to parliament Recommendations

E.g. Victorian Law Reform CommitteeExpertise – sexual offenses, defences, family

violence

Role of Cabinet

(page 39)Key PointsDecide which laws need to changeExtensive resourcesInfluential – government hold majority on upper

houseQ3 What happens if a minister is not a

member of cabinet and wants to introduce a bill? (page 39)

Q4 What is a statement of compatibility? (page 39)

Drafting Legislation

Parliamentary Draftsperson Q5 What is their role? Q6 Where do they get their instructions? Q7 What things are considered? Q8 How do they work out the intention

of the bill? Q9 Once drafting the bill who do they

send it to? Q10 After the department and the

minister has agreed to it, what happens next? (page 40)

Problems of Drafting

(page 41)Q11 What difficulties may be

experienced by parliamentary counsel?

Key words Future circumstances Meaning of words Loopholes and omissions Different situations Technical terms Conflict and existing legislation Time constraints

Scrutiny of Bills

FEDERAL LEVELHouse of Reps – may refer bill to standing

committee that specialises in that subject area.

Senate – Selection of Bills Committee decides which bill should be sent to Senate Committee

Senate Scrutiny of Bill Committee

Role (page 41)Q12 What is the role of the Senate

Scrutiny of Bills Committee

Q13 What are the advantages of referring bills to the Committee?

Standing Committee on Legal and Constitutional Affairs

Q14 What is the role of this committee? (page 42)

Q15 When does discussion in detail occur?

VICTORIA – Scrutiny of Acts and Regulations Committee

Q16 What is the role of this committee? (page 42)

Q17 What is a compatibility statement?

Progress of a Bill through Parliament

READ pages 43 to 48

Create an A3 poster detailing timeline about the stages a bill goes through before it becomes law.

(provide details about each stage and its significance in the process)

Questions

Complete questions 16 to 22 pages 52 to 53

Due Friday