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41 Cards in this Set
- Front
- Back
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BEFORE FEDERATION |
- 6 Colonies - Each colony was self governing, had their own tax, defence force, railway, stamps, etc |
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FEDERATION |
- 1st January 1901 - Colonies wanted a central authority to legilslate for national issues - Still wanted to retain some powers to govern each state |
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SEPARATION OF POWERS |
- 3 Branches - To ensure there is not a concentration in law making - Ensures a system of checks and balances |
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SOP: LEGISLATIVE |
- Make laws - Parliament |
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SOP: EXECUTIVE |
- Administering and implementing the laws - Cabinet, Prime Minister and Ministers |
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SOP: JUDICIARY |
- Enforce and apply the laws to disputes - Courts |
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STRUCTURE OF FEDERAL PARLIAMENT |
- Bicameral - British Monarch, represented by Governor General - Government holds majority seats in Lower House |
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HOUSE OF REPRESENTATIVES |
- 150 members, each representing an electorate of 94,000 voters - Elected every 3 years |
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ROLE OF HOR |
Make Laws - most proposed laws initiated in lower house |
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ROLE OF HOR |
Represent the people: - laws must reflect the current opinions and views of the people - achieved by having sufficent members to represent Australians - Elections are held regularly |
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ROLE OF HOR |
Form Government: - the party with the majority seats forms government - leaders become P.M |
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THE SENATE |
- 76 members - each state has 12 representatives, - each territory has 2 members - elected for 6 year terms |
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ROLE OF THE SENATE |
States House: - protect the interests of the states and ensure laws are made in the best interests of the whole community, not more populated states - Protect less dominate states in parliament |
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ROLE OF THE SENATE |
Scrutinizing Government: - the senate has the responsibility for supervising administrative laws, protecting the rights of the citizens, presenting conflicting views in debate - when government does not hold majority seats in the Senate, may more effectively questions governments actions |
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ROLE OF THE SENATE |
House of Review: - review legislation passed by lower house - responsibility to check legislation - senate can originate, amend or reject any bill |
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THE CROWN |
- Queen and her reps, - Governor General at Federal Level - Governors at State level |
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ROLE OF THE CROWN |
Royal Assent: - Sign off on bills, grant royal assent after it has been passed through boths house - GG may withhold, reserve royal assent, and suggest amendments to bills |
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ROLE OF THE CROWN |
Open and close parliamentary sessions Dissolve government and bring an election |
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LEGISLATIVE ASSEMBLY |
- Lower house in Victorian Parliament - 88 representatives - elected every 4 years |
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LEGISLATIVE COUNCIL |
- Upper house in Victorian Parliament - 40 members, 8 regions - each region has 11 electoral districts - each region elects 5 reps - elected every 4 years |
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REPRESENTATVIE GOVERNMENT |
- government that represents the views and values of majority of the people. - the elected government must represent the views of the people within their electorate and act on their behalf. - if elected members fail to represent the views of the people, they will be removed and not elected. |
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RESPONSIBLE GOVERNMENT |
- government is answerable to parliament and therefore the people - if they lose the support of parliament they must resign. - this is achieved through question and answer time, and debates - Ministers are also answerable to parliament and accountable for their actions - Pink Batts debacle, Peter Garrett. Insulation |
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PASSING OF THE BILL: 1st Reading |
- The long title is read out by the clerk.
- States purpose of the bill - Copies are given to members of parliament |
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PASSING OF THE BILL: 2nd Reading |
- MP who introduced the bill makes a speech outlining the purpose, function and objectives of the bill - Members study and discuss the bill. - A debate on the bill then occurs - Government and Opposition usually speak in turn - Votes is then taken - Statement of compatibility with the Charter of Human Rights and Responsibilities |
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PASSING OF THE BILL: Consideration in detail |
- Optional stage - The bill is examined clause by clause. - This is the stage where amendments are most likely to be made - The bill is voted on again |
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PASSING OF THE BILL: Royal Assent |
- The bill is signed off by the GG. - The bill is now a law |
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PASSING OF THE BILL: Proclamation |
- The act is proclaimed in the Cmth of Australia Gazette, and the date is given when the act will come into affect - If not stated 28 days after Royal Assent |
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DELEGATED LEGISLATION |
- parliament gives up law making power to subordinate bodies. - parliament has now given these bodies to make laws regarding a specific area. - these parties gain more knowledge on the area |
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STATUTORY AUTHORITY |
- body operating in a specific area with the power to make rules and regulations for day to day administration of public services - eg. Vic Roads |
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DELEGATED LEGISLATION: Strength |
- Allows areas to gain expertise and specialisation - these areas have a more concentrated focus and have laws made that are more relevant to the area |
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DELEGATED LEGISLATION: Weakness |
- members of subordinate bodies are not democratically elected and may not always create laws that are in the best interests of the people. - Individuals may not know how the laws are made and who by |
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DELEGATED LEGISLATION: Strengths |
- Parliament only sits for 70 days per year. Therefore delegated legislation saves parliaments time. - Passing of the bill is a time consuming process and allows parliament to focus on bigger issues |
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DELEGATED LEGISLATION: Weakness |
- Inconsistencies in laws as they are made by a range of bodies. Some inconsistencies occur between various rules and regulations made |
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PARLIAMENT AS A LAW MAKER: Strength |
- Democratically elected - every 3 year the people vote a representative to uphold their views and values in law making. - Thewants and needs of people must be upheld and reflected in parliaments decisionotherwise they face not being re-elected |
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PARLIAMENT AS A LAW MAKER: Weakness |
- MP’s are concerned with the prospect of beingvoted out of office, they may be subjected to political influence. - They may beat the impulse of the electorate. -This may result in parliament beingpreoccupied with passing popular laws rather than controversial laws. |
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PARLIAMENT AS A LAW MAKER: Strength |
- Parliament is able to make or change laws at anytime. From this they able to act quickly as the need arises. - It can respond toevent, changes in technology or changes in views and values of society. |
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PARLIAMENT AS A LAW MAKER: Weakness |
- Parliament often don’t have time to efficientlypass legislation. - Parliament only sit for 70 days a year and bills take longtime to pass. Therefore crucial pieces of legislation may not receive theopportunity to be passed and implemented. - Due to this delay, by the time lawsare passed, they may no longer be relevant, up to date or effective |
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PARLIAMENT AS A LAW MAKER: Strengths |
- Parliament has the ability to make laws infuture- for the future. - Therefore if parliament can foresee and issue orproblem in society, this can be proactive in responding before negativeincidents take place or a situation of becoming worse. - For example when QLDreacted to increasing bike crimes by introducing legislation to stem bikiegroups |
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PARLIAMENT AS A LAW MAKER: Weakness |
- Subordinate authorities are not elected. Lawsoften arising from these groups don’t reflect community values as they aren’tdemocratically elected. - Having so many subordinate authorities means law madeare often confusing and at times contradictory |
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PARLIAMENT AS A LAW MAKER: Strength |
- Parliamenthas the ability to delegate legislation to assist in law making. These areexpert bodies that are able to make the necessary specialised laws required inthat area of jurisdiction. - This saves parliaments times so they can focus onmore important issues in law making. |
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PARLIAMENT AS A LAW MAKER: Weakness |
- Parliamentcannot be expected to foresee all future circumstances resulting all laws beingmade retrospectively. - What was previously legal and accepted may not be illegaldue to new legislation. This may result in an unfair result if a person doessomething that is lawful at the time, but later become unlawful. |
