Legislative function of Parliament

What is meant by the term Parliament:

Parliament refers to the typical name given to legislatures with Westminster-style political and legal systems. Australia's federal Parliament is established by Ch1 of the constitution of the commonwealth and consists of the Monarch (represented by the GG), the Senate and the house of representatives. Its main functions are of a legislative, representative, debate and responsibility nature.

The decline of parliament thesis:

The argument that contemporary Australian parliament is unable to perform its major functions because of the rise of disciplined political parties and executive dominance over the Lower house (the house in which it is formed and to which it is theoretically responsible)

4 main functions of parliament:

Primary role of the legislature is to make laws. It makes laws that in theory:
Are scrutinised through statutory process - speaches, debates, committees ensure 'good' legislation is made. They must follow this process (derived from Britain) which ensures deep scrutiny and analysis E.g. 'second reading' stage
Have a diversity of input. Should reflect the diverse perspectives of the public (via parliamentary representatives)
Can be initiated by any MPs - not solely by govt.

Private member's Bill (PMB) - initiated by any MP who is not party of the executive

Legislative Function in Practice:

Executive dominance

Undermines legislative function theory in practice
Can use tactics like the Gag guillotine & flood gating
Commonwealth parliament has many legislative powers, including the power to make laws for naturalization of aliens under s51(xix) which covers immigration detention.

E.G. The ALP govt's electoral reform legislation (Feb 2025)

Failed to consider recommendations & requests from non-govt. Parties and independents; did not get referred to committee. Impose caps to political to committee. Impose caps to political funding, but in a way which still advantages major parliament

EG. The migration Amendment (Bridging Visa conditions) Bill 2023

Introduced by minister for immigration, citizenship and multicultural affairs, Andrew Giles. This legislation amended the Migration Act 1958 to allow for the imposition of specific conditions on bridging visas granted to non-citizens released from immigration detention, following the HCA's judgement in NZYQ

Migration amendment Act (2024)

Modifies the Migration Act (1958) to enhance the removal process of non-citizens from Au. It empowers the minister for immigration to issue directions to individuals on a removal pathway, mandating their cooperation in facilitating their departure.
The Act also allows the Minister to reverse protection findings for certain non-citizens and establishes a framework for third country reception arrangements to deport individuals to foreign nations.
Additionally it provides the government with broad powers to collect, use and disclose personal information, including criminal history to foreign govts

Standing orders