Functions of the Commonwealth Parliament

These flashcards cover key terms and definitions related to the functions of the Commonwealth Parliament, relevant sections of the Constitution, and parliamentary procedures.

Section 7 of the Constitution

- Establishes the composition of the Senate

• Requires senators to be directly chosen by the people of each State

Section 24 of the Constitution

Section 24 of the Constitution
Definition: - States that the House of Representatives is to be composed of members directly chosen by the people of the Commonwealth

• Representation is based on population

Section 51 of the Constitution

- Grants Parliament the power to make laws for the peace, order, and good government of the Commonwealth

• Addresses areas including taxation and defence

Censure Motion

- A motion that seeks to discipline a Minister

• Expresses dissatisfaction with their performance

Committee

- A cross-party panel of Members and/or Senators

• Appointed by Parliament to undertake specific tasks

Decline of Parliament Thesis

- The theory that executive dominance and party discipline prevent the Commonwealth Parliament from fulfilling its essential functions

Filibuster

- The use of repetitive speeches and pointless motions

• Deliberately delays a bill’s progress

Adjournment Debate

- A debate that occurs at the end of each sitting day

• Allows private members to speak on topics of their choice

Backbencher

- Members of Parliament who are not Ministers or Shadow Ministers

Private Members’ Bill

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

Question Time

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

Grievance Debate

An opportunity for Members to raise concerns about constituents and significant issues.

Gag Motion

A motion that limits debate by requiring an immediate vote on the matter being discussed.

Urgency Motion

A motion moved to declare a matter of urgency and initiate immediate debate.

Select Committee

A committee established to examine a specific issue, disbanding after its report is presented.

Joint Committee

A parliamentary committee composed of members from both Houses of Parliament.

Speaker

The elected presiding officer of the House of Representatives, responsible for maintaining order during debates.

Standing Orders

The rules that govern the conduct of parliamentary business including debate and voting procedures.

Motion of No Confidence

A motion that seeks to discipline the government as a whole, expressing dissatisfaction with their performance.

Petition

A written request for action, demonstrating public support and tabled before Parliament.

Matters of Public Importance

A motion moved to declare an issue of public importance and initiate debate.

Filibuster

A tactic to delay legislative progress by prolonging debate.

Representative Function of Parliament

Citizens views, values and perspectives are to be reflected in law and decision-making processes. The Parliament should provide opportunities for members of parliament to represent their electorates/states under s24 and s7 of the Constitution.

Petitions and Private members bills

a request for action and demonstration of public support.

2019, Zali Steggall tabled petition to declaring national climate emergency in parliament. was acting as a delegate enhancing representative function of HoR. In Oct. 2024 Senator Hanson-Young introduced Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024.

BUT

0 guarantee that the parliament will take action, as Members/Senators that belong to a political party generally vote as one bloc and support the views of their party. w/o the support of political parties and key stakeholders, a petition is likely to be ineffective. Private Member’s Bills are rarely successful due to executive dominance and party discipline.

Conscience Votes

members can vote according to own judgement, instead of party policy. enables delegate and trustee representation. 2017, senators Eric Abetz (Libs) and Chris Ketter (Labor) voted against marriage legislation in a conscience vote.

BUT

They are the exception, not the rule. Parties prefer predictable outcomes. EG: the ALP sets a binding vote for its parliamentary members in its National Constitution, forcing them to support decisions adopted at the National Conference and/or parliamentary caucus.

Legislative Votes

·         The Albanese Opposition targeted Morrison Government's decision to wind down economic support for the economy. Job Keeper and Job Seeker COVID Supplement were due to expire in September. government modified and extended these programs until March 2021 under pressure from opposition+pressure groups representing business and workers.

BUT

·         Members/Senators that belong to a political party generally vote as one bloc and support the views of their party, thus preventing the representative function.·         Minor parties and independents represent a small portion of the population, focus on a narrow range of issues and may control disproportionate power. (The Greens in the current parliament)

o   The Home Affairs Legislation Amendment Act 2019  was passed against the Morrison government’s wishes, then immediately repealed after 2019 election, both with cooperation of crossbenchers.

Declining Support for Major Parties

At times, members may disagree with their party’s policy and threaten to cross the floor and vote with the Opposition, albeit temporarily, to represent their constituents.

 o  2021, Nationals Senators Barnaby Joyce, Matt Canavan and Bridget McKenzie suggested they’d cross the floor to vote against a net zero emissions target by 2050, unless agriculture is excluded from it.

o   1n 2024 Labor senator Fatima Payman has become the party’s first member to cross the floor in decades after she voted with the Greens to recognise Palestinian statehood 

Votes for minor parties/independents increased in last 20y. In 2019, more than a third of first-preference votes went to candidates from minor parties/Independents.

Parties allow more stable alliances and majorities to be formed in parliament, allowing Government to carry out the mandate they have been given by the voters in a more consistent manner.

The rise of the ‘Teals’following the 2022 election

Committees

Some parties revived function of Senate to represent the states,·         e.g. Jacqui Lambie Network has a very strong focus on representing the interests of Tasmania.   Jacqui Lambie made a deal with the Federal Government to waive Tasmania's $150 million housing debt during the midst of the Federal Government's tax negotiations.

 ·         The Committee system in both Houses allow members to examine and evaluate the need for legislation. In the Senate, committees also have greater scope for debate and scrutiny due to their composition.

·         Committees provide important forums for private members’ business. In 2019-20, 85 private members’ motions moved in Federation Chamber in comparison to 25 in the HoR.

BUT

While constituents and private members may be represented in the committee process, any resulting reports or findings must be tabled in the relevant House/s, with any resulting actions subject to parliamentary votes.

 While partisanship is reduced in the closed and cooperative environment of committees, Members may still act in the interests of their party.

Legislative Function

The Commonwealth Parliament initates, debates, and approves changes to statute law. Bills should be thoroughly scrutinised through a deliberative process, with a diversity of input from the government, opposition and crossbench.

Gag/Guillotine

In 2019 Morrison Government used HoR majority to gag debate (put the bill to a vote) on Fair Work (Registered Organisations) Amendment (Ensuring Integrity)Bill 2019. This enabled the government to push legislation through the parliament and fulfill their majoritarian mandate. Independents and Minor parties can be successful during a minority government, however, they are only effective to a minor extent in the HoR.

BUT

Limits opportunities for non-government members to debate and scrutinise bills, diminishing the deliberative process and diversity of input. In 2024, the Albanese government used its majority in the HoR to gag debate on the Migration Amendment (Removal and Other Measures) Bill 2024 limiting debate in the House.The Bill passed the House in a matter of hours.

Federation Chamber

Enables HoR to pass uncontested, often simple, legislation without detracting from debate over complex or controversial bills. Any MHR can serve in the Federation Chamber, creating oppportunities for private member’s business (e.g. grievance debates, constituency statements)

BUT

Recent decline in bills referred to Federation Chamber - in 2019-20 only 3 bills. Operates on the principle of cooperation - agreement must be reached between major parties about what matters will be referred. In 45th Parliament, 75% of bills skipped the consideration in detail stage.

Private Member’s Bills

MPs can represent their constituents in the legislative process by introducing bills. Senator Dean Smith introduced Marriage Amendment (Definition & religious freedoms) Act 2017 against liberal party policy. A PMB can serve as a model for future legislation (e.g. Kerryn Phelps’ PMB inspiring amendments to the Medevac Bill.) Scott Morrison’s govt. lost a legislative vote on the floor of the HoR, the first in 80+ years - because of the influence of independent MHR Kerryn Phelps (Wentworth). Phelps initiated the MEDEVAC legislation as a private member’s bill and later voted to support a government bill amended by the senate to include her MEDEVAC provisions. Phelps succeeded because Julia Banks became an independent MHR, casting the government into a minority, and supported the amended bill.

BUT

Lack of success attributed to executive dominance and party discipline, which reduces the diversity of input in the legislative process. Since 1901, only 30 PMBs have passed, with only 11% of the HoR’s time afforded to Private Members’ Business in the 46th Parliament. The Executive, through the Leader of the house controls tabling the bills.

Senate

Govt. rarely holds a majority in the senate and relies on the support of minor parties and independents. They have little success in introducing and passing their own legislation, however, they can prevent government legislation by rejecting it outright or negotiating compromises as seen with the Tax Cuts bills in 2019. coalition relied on Centre Alliance and One Nation senators to pass its uni fee increases through the senate in the Higher Education Support Amendment (Job-Ready Graduates) Act 2020. Lambie’s opposition to the MA(PIID)A 2020+concessions on the Treasury Laws Amendment 2019. 2024 Coalition amendments to the same one. Greens getting $1B for the Housing Australia Future Fund 2023 for public and community housing.

Hung senate ensures that proposals for legislative change are subject to scrutiny and debate (i.e. gags/guillotines less likely) as they are unable to use Standing Orders to avoid debate. Crossbench and Opposition can block/amend government legislation (e.g. Medevac) if they have enough support from the crossbench and Opposition.

BUT

An obstructionist Senate may be seen as interfering with the government’s mandate, preventing the passage of public legislation that has public support. The opposition and crossbench may choose to vote with the government, allowing it to pass legislation in a timely fashion.

Responsibility Function

In Australia, the executive is drawn from, and accountable to, the legislature. As such, it is essential that the parliament scrutinise government actions and hold Ministers to account.

IMR and CMR

Ministers can be held accountable to the HoR for their conduct and the performance of their department via censure motions. The govt. must maintain the confidence of the HoR. If this is lost through a vote of no confidence, they are obliged to resign. Coupled w/ negative media coverage, these motions allow the parliament to debate and scrutinise government actions. This may lead to Ministers being held responsible through other means (e.g. McKenzie’s resignation, Colbeck’s demotion). A defeat on other questions (e.g. amendments to government bills) may result in the resignation of the government. The Fadden government resigned in 1941 after Opposition moved to reduce the budget by one pound.

BUT

There has never been a successful motion of no confidence or censure in the HoR. Dominance of disciplined political parties means that the party with the majority of seats in the House will almost never ‘lose the support’ of the lower House since it controls the votes of the members who make up that majority. Ministers may be censured in the senate. For instance, in September 2020, Aged Care Minister Richard Colbeck was censured for failing to recall ‘basic facts’ about the impact of COVID-19 on aged care. However, this did not force Colbeck to resign. The resignation of a government after losing a vote in the HoR is at their discretion. The Morrison govt. failed to prevent the passage of the Home Affairs Legislation Amendment Act 2019, despite it being amended against its wishes. However, this did not lead to the resignation of the government. COVID-19 has seen a subdued parliament. Albanese Cabinet Reshuffle July 2024. Underperforming minster Andrew Giles and Claire O Neale were removed from high profile cabinet positions (immigration and Home Affairs, due to percieved failures in their departments and increasing pressure on the PM - avoiding responsibility.

Question Time

For a period of usually one hour, on each sitting day, qs may be put to Ministers by Members of Parliament. If they cannot answer questions without notice, it may be embarrasing for the government. Q. Time may prove more effective in the senate, where crossbench senators can ask questions of government, knowing that, at least in recent years, their support is essential for the passage of legislation. Gillard/Rudd: unprecedented as it was a hung parliament. The parliament was able to exercise intense scrutiny of the government. e.g. unprecedented role of the independents.

BUT

Ministers may take a question on notice if the answer is complex or requires advice from their department. Government backbenchers may ask Dorothy Dixers, friendly questions that provide Ministers with opportunities to speak about their policies in a positive light.

Standing and Select Committees

• Committees may inquire into matters referred to them by their parent chamber/s. They may scrutinise legislation, Ministerial actions and proposed spending.o Eight Standing Senate Committees hold estimates hearings each year, inquiring into government plans to collect and spend moneyo Many matters fall under the remit of ‘estimates’, allowingfor broader scrutiny of the government (e.g., in January 2020, Penny Wong questioned Minister for Finance Mathias Cormann over the PMO’s investigation into the Sports Rorts scandal).o Despite being government-led, House committees may recommend a bill be re-drafted. In 2019, the Joint Committee on Intelligence and Security recommended a bill to establish a central identity database be redrafted.• Senate committees are less likely to be limited by executive dominance, due to the composition of the Senate.o The Senate Select Committee on COVID-19 has: 2 Coalition members, 3 Opposition members and 2 crossbench members.• Committees allow for a diversityof input, receiving written submissions, summoning witnesses and holding public hearings.

BUT

• House Committees rely on a reference from the HoR. Executive dominance prevents these committees from investigating matters that are likely to embarrass them.• The most that a parliamentary committee can do is publish a report, make recommendations and, at times, move to disallow a regulation.o In December 2020, the Senate Select Committee on COVID 19 published its first interim report, including recommendations (e.g., raising rate of JobSeeker). The government is not bound to follow these.• Ministers cannot be compelled to attend a committee establishedby another House (e.g., In May 2020, Treasurer Josh Frydenberg refused to attend the COVID-19 inquiry into JobKeeper).• Though, arguably, weaker in committees, party discipline may reduce effectiveness (e.g., Penny Wong accusing Cormann and the PMO of “corruption”).

Debate Function

The Commonwealth Parliament serves as a forum for national debate, where issues are openly discussed using a variety of processes and procedures. This enhances the other functions of parliament.

Procedures for Debate

• In theory, there are a plethora of opportunities for Members to engage in debate: grievance debates, matters of public importance, adjournment debates, second reading debates, Question Time.• Debate Is more effective in the Senate, due to a lack of executive dominance and diverse crossbench, who may control the balance of power.• Debate occurs within parliamentary committees, where cooperation may increase its effectiveness.

BUT

• The government can use its control of the parliamentary agenda and Standing Orders to restrict/limit opportunities for debate.o Extending government business, which detracts from time allotted to other debate opportunities.o Using gag and guillotine motions to limit debate in the legislative process.• Marginal opportunities for debate (e.g. adjournment debates, 90-second statements) may be overlooked by the media and, as such, prove less effective• The Speaker may be partisan and move to restrict debate. In the 45th Parliament, 95.9% of suspensions under Tony Smith were from the Labor Opposition.• Morrison - Covid 19 has seen a subdued parliament, although there has been an enhanced legislative function with the government able to pass stimulus legislation and accept amendments from both Labor and the Greens on this issue.

Locus of Debate - Party Room

• Debates within party rooms serve a similar function to parliamentary debate, serving to hold the government to account, voice community concerns and discuss national issues/policies. As an integral part of parliament, parties add to, rather than detract from, parliament.o In 2017-18, the Conservative faction in the Liberal party room (e.g., Peter Dutton, Tony Abbott) resisted the National Energy Guarantee developed by the Turnbull Cabinet, with the intention of reducing emissions and improving the reliability of electricity generation.

BUT

• Party room debates lack media access and transparency. At its most extreme, resulting leadership spills (e.g. Turnbull-Dutton-Morrison) can negatively impact public trust and confidence