Unit 4 - The People and the Law Makers

What is the structure of Commonwealth Parliament?

Our federal parliament is bicameral and has three tiers: upper house, lower house, king’s representative.

What is the structure of the Senate (upper house)?

-The State’s House.

-76 seats, stays the same number for every state.

-This protects small states like Tasmania being dominated by the much more populous states of Victoria and NSW.

What is the structure of House of Representatives?

-The People’s House.

-One member of parliament represents a set number of the population.

-150 seats, and each electorate has the same number of people.

What is the role of the House of Representatives?

-Prime minister is selected from the party that forms government. (need 76 seats to win)

-Initiate new legislation (introduce new laws or ask for amendments for pre-existing laws)

-Initiate money bills- anything to do with Government spending must start in the HoR, must start with the treasurer who always initiates spending.

-Represent the people in law-making.

-Review legislation and propose amendments (changes).

-Scrutinise government administration (investigate and question the government).

What are the roles of the Senate?

-Acts as a house of review.

-Acts as a State’s house. (MOST IMPORTANT)

-Scrutinises legislation. (MOST IMPORTANT)

-Initiates legislation.

What is the role of the Crown?

-Name of the Crown’s representative at the CWTH level is the Governor General.

-Granting Royal Assent - changes a bill to a law.

-Withholding Royal Assent.

-Appointing the Executive council = prime minister and senior members of parliament.

What is the structure of the Victorian Parliament?

-The Legislative assembly.

-The Legislative Council.

What is the Legislative Assembly?

The lower house of the Victorian Parliament which is comprised of 88 members of parliament representing the electoral districts across Victoria.

What is the Legislative Council?

The upper house of the Victorian Parliament, comprised of 40 members. They representing 8 regions across Victoria, 5 per member.

Who is the premier?

Jacinta Allan -Labour party.

Who is the PM?

Anthony Albanese.

Who is the treasurer?

Jim Chalmers.

What is the role of the Legislative Assembly?

-Initiate new legislation.

-Determining the party to form government,

-Representing the people in law-making.

-Review legislation and propose amendments.

-Scrutinise legislation.

What is the role of the Legislative Council?

-Scrutinising legislation.

-Initiating legislation.

What is the role of the Crown (state)?

-Name at state level is Governor.

-Grant Royal Assent.

-Act as Head of State.

-Chair the Executive council.

How was the Australian constitution established?

-In 1900, Australia was a collection of six settler colonies, each with their own parliament and constitution.

-From 1901, the six colonies became states.

(Division of Law-making Powers) What are exclusive powers?

Powers that only the Commonwealth parliament can make laws about.

-They are made exclusive by what the other sections of the constitution state.

• E.G. S115 states that the “states shall not coin their own money”, it gives the commonwealth power to make laws regarding currency, coinage, and legal tender.

What are concurrent powers?

Law-making powers that are shared by the Commonwealth and state parliaments.

-If there is an inconsistency in the laws made by the Commonwealth and State Parliaments, S109 states that Commonwealth law will always prevail.

E.g. taxation, bankruptcy, marriage and divorce, trade and commerce. between states.

GST- goods and services tax, this is a commonwealth tax.

What are the residual powers?

Powers that were left to the state parliament at the time of Federation, and only the states can make laws in these areas.

-Powers that are NOT listed in the Constitution, therefore they remain with the states.

-E.g. criminal law, education, public transport, police, prisons.

What is the McBain v Victoria case?

-Victorian legislation provided that only a married woman or woman in a de facto relationship could access IVF treatment.

-However, there was a Cwth legislation that made it unlawful for a person who provides goods or services to others, to discriminate based on their marital status, sexual orientation etc.

-The Federal Court ruled that the 2 pieces of legislation were inconsistent with each other.

-S109 indicated that the Vic legislation would be invalid to the extent of the inconsistency.

-Therefore, women who were not married or in a de facto relationship could not be denied access to IVF treatment.