Australian and Victorian Parliamentary Structures and Powers

Flashcards covering the roles of the Crown and Houses of Parliament, levels of power, Section 109, and the factors affecting law-making ability as outlined in the Australian and Victorian constitutional frameworks.

House of Representatives

The lower house of the Commonwealth Parliament, consisting of $151$ representatives, whose roles include initiating new legislation, forming government, and representing the people as the "people's house" under $Section \, 24$.

Senate

The upper house of the Commonwealth Parliament, consisting of $76$ members ($12$ per state and $2$ per territory) elected for $6$-year terms to act as a house of review and a state's house.

The Crown

Represented by the Governor-General (GG) at the federal level and the Governor at the state level, responsible for granting or withholding royal assent and summoning the executive council.

Constitutional Monarchy

A system where the head of state is the monarch (the King), but elected representatives hold the power to make laws within the guidelines of the constitution.

Section 53

A section of the Australian Constitution that specifies the Senate cannot initiate or amend money bills, which are government expenditure bills.

Section 24

A constitutional requirement that the House of Representatives be composed of members directly chosen by the people of the Commonwealth.

Crossbench

Members of parliament who do not align with the major coalition or the elected government party, often comprising independent and minor party representatives.

Legislative Assembly

The lower house of the Victorian Parliament consisting of $88$ representatives, each from an electoral district, where the party with the majority of seats forms government.

Legislative Council

The upper house of the Victorian Parliament, consisting of $40$ representatives from $8$ regions ($5$ members per region) who serve $4$-year terms and act as a house of review.

Royal Assent

The final stage of the law-making process where the Queen's representative (GG or Governor) signs a bill after it has passed both houses, officially making it an Act of Parliament.

Residual Powers

Law-making powers not mentioned in the Australian Constitution that remain solely with state parliaments, such as education, health, and criminal law, protected by $Section \, 107$.

Concurrent Powers

Law-making powers shared by both the Commonwealth and state parliaments, such as marriage, divorce, and taxation, found within $Section \, 51$.

Exclusive Powers

Law-making powers that can only be exercised by the Commonwealth Parliament, such as currency, defense, and customs, made exclusive by nature or by $Section \, 52$.

Section 109

A constitutional mechanism used to resolve conflicts between Commonwealth and state laws in concurrent areas, stating that Commonwealth law shall prevail and state law will be invalid to the extent of the inconsistency.

McBain v. State of Victoria (2000)

A legal case where the Victorian Infertility Treatment Act $1995$ was found inconsistent with the Commonwealth Sex Discrimination Act $1984$ under $Section \, 109$ regarding marital status and IVF access.

High Court of Australia

The only body with the power to interpret the Australian Constitution, settle disputes between the Commonwealth and states, and make binding decisions that shift the division of powers.

Bicameral Structure

A parliamentary system consisting of two houses (upper and lower) and a head of state, which allows for scrutiny and review of proposed legislation.

Hostile Senate

A situation where the government does not hold a majority in the upper house, forcing them to rely on the support of the opposition or the crossbench to pass bills.

Rubber Stamp

A term describing an upper house that approves all government-proposed laws with minimal review because the government holds the majority of seats in both houses.

International Pressures

Influences from other countries, NGOs (like Amnesty International), or international organizations that encourage the parliament to create or amend laws to meet global standards.

Preferential Voting

The democratic system used in Australia to elect members of parliament, ensuring that representatives reflect the interests of the community.

Compulsory Voting

A mandate under the Commonwealth Electoral Act $1918$ (Cth) requiring all Australians aged $18+$ on the electoral roll to participate in elections.