The Functions of the Commonwealth Parliament (Booklet 2)

Booklet 2

What is Parliament?

The arm of government tasked with making and changing laws. It is comprised
of the King and Governor General, Senate and House of Representatives.

Define Checks and Balances

A system by which the powers of one arm of government limits the powers of the other arms of government. Essential to the doctrine of the separation of powers.  

Define Concurrent Powers

Legislative powers granted by the Constitution to the Commonwealth and State parliaments (shared powers). Section 109 invalidates State laws that conflict with Commonwealth laws, to the extent of the inconsistency. 

What is the Speaker?

The presiding officer of the House of Representatives, who is responsible for
maintaining order during debate and enforcing the Standing Orders. Does not participate in debate but can vote only to break ties (s40).

What is the President of the Senate?

The presiding officer of the Senate, who is responsible for maintaining order
during debate and enforcing the Standing Orders. Does not participate in debate but can vote.

Define Standing Orders

The rules that govern the conduct of parliamentary business (e.g. debate, voting procedures).

What is a Debate?

A formal discussion on a bill or other topics in which different views are expressed to arrive at a conclusion.

Legislative Function (what is its function?)

The Commonwealth Parliament initiates, debates, and approves changes to statutes. Bills should be thoroughly scrutinised through a deliberative process, with a diversity of input from Members.

What is a Gag motion?

A motion ‘that the question be now put’, causing a vote to be taken and cutting off debate. Alternatively, a motion ‘that the member no longer be heard’ may be moved, cutting off the Member.

What is a Guillotine motion?

A declaration by a Minister that a bill is urgent and should be subject to a time limit. This is subject to the majority support of the relevant House.

What is Floodgating?

The rapid passage of large amounts of legislation towards the end of a parliamentary session to minimise debate/scrutiny.

What is a Private Members’ Bill (PMB)?

A bill introduced by a Member of Parliament that is not from the Cabinet or Ministry.

What is a Backbencher?

Members of Parliament (MPs) that are not Ministers, Shadow Ministers or a presiding officer (e.g., the Speaker).

What is meant by Responsibility Function (Parliament)

The Commonwealth Parliament scrutinises government actions and holds Ministers to account for their performance. This upholds the system of responsible government, in which the executive is drawn from, and accountable to, the legislature

What is a Parliamentary Committee?

A cross-party panel of Members and/or Senators appointed by Parliament to inquire into specific matters and report to Parliament.

What is a Standing Committee? Provide an example.

A committee that exists for the life of the parliament (e.g. Senate Standing Committee on Economics).

What is a Select Committee?

A committee established by Parliament to examine a specific issue. It will disband after its report is presented in Parliament.

What is a Joint Committee?

A parliamentary committee comprised of members of both Houses of Parliament.

What is a Motion of No Confidence?

A motion expressing dissatisfaction with the performance of the government. Successful passage in the HoR may trigger resignation of the government.

What is a Censure Motion?

A motion expressing dissatisfaction with the performance of a Minister or another Member of Parliament.

What is Question Time?

A period on each sitting day in which questions without notice are put to Ministers
in either House.

What is a Representative Government?

A form of government in which the people are sovereign and elect members to represent them in government.

What is meant by Represenative Function?

Citizens’ views and values should be reflected in law and decision-making processes, primarily through their elected representatives.

What is a Division?

The separation of Members into two groups, for and against a proposal, so their votes can be counted.

Formation of Government

According to Westminster convention, the Governor-General will commission the party or coalition that controls a majority of seats in the House of Representatives to form government.

What are the 4 Functions of the Commonwealth Parliament? Identify if any are specific to a particular house.

Legilsative Function

Responsiblity Function (scrutinise/check the executive)

Representative Function (reflect the people/electorate)

Formation of government function (HoR only)

What is s51 of the Commonwealth Constitution? What powers does it provide (examples)?

“The Parliament shall, subject to the Consitution, have power to make laws for the peace, order, and good peace of the Commonwealth with respect to:”
e.g. (ii) Taxation, (xxxi) Aquisition of Property), (ix) Quarantine, (xi) Census and Statistics, (xxi) Marriage, (xxii) Immigration and Emmigration, (xix) Naturalization and Aliens, (vi) Defence Force, etc.

What are two examples of s51 that are sole powers (not concurrent) to the Commonwealth?

(vi) Defence Force, (xix) Naturlization and Aliens

What is the purpose of s53?

The HoR is the “Peoples House” and as such is the house where Government is formed. Ensures that the peoples representatives have the most control on how their money is spent and how taxes are collected.

State the Composition and commencement till completion date of the Senate and House of Represenatives in regard to the 48th Parliament.

July 2025 - Present

HoR:
ALP - 94
Coalition - 42
Crossbench - 14

Senate:
ALP - 29
Coalition - 28
Crossbench - 20 (11 Greens included)

State the Composition and commencement till completion date of the Senate and House of Represenatives in regard to the 47th Parliament.

2022 - 2025

HoR:
ALP - 78
Coalition - 55
Crossbench - 18

Senate:
ALP - 25
Coalition - 30
Crossbench - 21

State the Composition and commencement till completion date of the Senate and House of Represenatives in regard to the 46th Parliament.

2019 - 2022

HoR:
ALP - 68
Coalition - 75
Crossbench - 8

Senate:
ALP - 26
Coalition - 35
Crossbench - 15

State the Composition and commencement till completion date of the Senate and House of Represenatives in regard to the 46th Parliament.

2016 - 2019
(Turnbull 2016-2018)
(Morrision 2018-2019)

HoR:
ALP - 69
Coalition - 73
Crossbench - 8

Senate:
ALP - 26
Coalition - 31
Crossbench - 19

How are Presiding Officers in their respective house elected?

Through a majority vote

What do Presiding Officers do?

Oversee parliamentary proceedings and enforce standing orders.

Who was the Speaker between 2013-2015? What are they known for?

Browyn Bishop (Liberal)

By the end of her 18 month reign, she had directed 400MPs to leave the chamber for 1 hour under standing order 94(a). 393 were opposition members. ALP tried to move an unsuccessful motion of no confidence on her in 2014.

Briefly explain the consequences Lidia Thorpe experienced in 2024

November 2024, Senator Thorpe tore up a motion regarding Senator Paymen’s elegibility and threw it at Senator Hanson.

Sue Lines, President of the Senate, inidicated that the conduct was highly disorderly and warrented consequence. Senator Penny Wong (ALP) moved that Thorpe be suspended from the senate for 24 hours under standing order 203, motion passed (45-11).

How should bill through Parliament pass? How does it actually pass?

All bills should follow a deliberative and efficient statutory process that involves careful discussion and decision-making. In practice, standing orders can be suspended by majority vote which changes the way a chamber normally operates (shorten, eliminate debate).

What are closure motions?

Motions that limit debate and scrutiny on legislation. e.g. guillotine, gag

How many successful closure motions did the Morrison Government have?

332

In November 2024, how many bills did the Albanese Government use the guillotine motion on?

31 bills. 1 hour per bill.

What is the Federation Chamber?

A committee of the House that serves as an alternative venue for debate (e.g., second reading, consideration in detail). It operates alongside the HoR and reports to it. This enables the House to pass uncontested or simple bills without stopping debate over more complex or controversial legislation.

During the 47th Parliament, how many bills were referred to the Federation Chamber?

170

How are bill referred to the Federation Chamber?

Bills must be referred to the Federation Chamber by the HoR, and due to executive dominance, it is at whim of the Government.

During the 46th Parliament, how many bills were referred to the Federation Chamber?

18

How did bicameralism impact the Housing Australia Future Fund (HAFF) Act 2023?

Introduced to the Senate during 47th Parliament by the Government but was delayed for 6 months after the Coalition and Greens voted to postpone its second reading debate in the Senate.

What bill did Kate Chaney introduce in 2024? What type of bill is this?

Introduced the Electoral Legislation Amendment (Fair and Transparent Elections) Bill, which sought to lower the disclosure threshold for political donations to $1000 and introduce donation caps for major donors.

Private Members Bill

How many private member bills (since federation) have successfully passed?

32

What was the latest PMB to pass?

Restoring Territory Rights Bill 2022, which permitted the Northern Territory to legalise voluntary assisted dying if it chose to do so.

What Standing Order allows the Presiding Officers to remove MPs from the chamber?

Standing Order 94 (a) (SO94a)

What is a censure motion?

A dissaproval of the behaviour and/or performance of Minister.

What is a motion of no confidence?

Signifies the government lacks the confidence the HoR or Senate. If the government loses one in the HoR, they are expected to resign - key legislation that fails to pass the HoR can also act as motion of no confidence.

Why did the Fadden government resign?

1941, Fadden government resigned after the HoR rejected its budget

What happened to the Morrision government in 2022 that should have triggered resignation?

2022 HoR voted to amend Morrison government’s Religious Discrimination Bills to increase protections for LGBTQIA+ students in religious schools. This did not trigger an election.

What did the Senate Select Committee on Cost of Living (2024) find?

Recommended that the government reinstate the Australian Building and Construction Commission (ABCC) to reduce the cost of new homes. This was not acted upon by the Senate.

What did Petter Dutton do during Question Time in regard to power bills 2024?

Demanded why the ALP government was opposed to nuclear energy given that they had failed to achieve a promised $275 cut to power bills.

What is Delegate Representation?

Maintains open lines of communication with constituents, acting as a vehicle of their views. e.g. Independent Kate Chaney

What is Trustee Representation?

Uses independent judgement, having been elected to represent the best interests of their constituents. e.g. Liberal Eric Albetz

What is Partisan Representation?

Acts in accordance with the policies of a political party, who they were elected to represent. e.g. ALP Anthony Albanese

What is State Representation?

Acts in the best interests of their State/Territory (Senators). e.g. Jacqui Lambie (Tasmania)

What is Mirror Representation?

The exepectation that a legislature reflects the demographic composition of the voting population,

In 2022 Coalition MHRs crossed the floor. How many? What bill were they supporting?

Five. Religious Discrimination (Consequential Amendments) bill. To prevent discrimination against transgender students in religious schools.

Crossing the floor can negatively affect an MP’s carrer. What does the ALP have to enforce this?

s52 of the ALP National Constitution, decisions of the National Conerence, or the majority decision of the Parliamentary Labor Party, is binding on all its members.

In 2024 Senator Paymen (ALP) crossed the floor. Why? Consequences?

To support a Greens motion to recognise the state of Palenstine. This was contrary to a resolution of the Parliamentary Labor Partu. In turn, Paymen was suspended indefinitely and ulimiately resigned from the ALP.

What is a conscience vote?

Members are free to vote according to their own judgement rather than party policy.

How can MPs engrage in Parliamentary debate?

Introducing PMBs, grievance debates, matters of public importance, 90 second statements.

Why is it a problem to have inividuals holding the balance of power?

They can exercise disproportionate influence over law and decision-making processes.

Why are party room debates necessary?

They hold similar function to parliamentary debate, serving to hold the government to account, voice community concerns and discuss national issues/policies.

What is the issue regarding party room debates?

Lack media access and transparency.

In 2021 the Nationals publicly resisted a Morrision government policy, what was it?

Net zero emissions.