Parliament Notes

Roles of the Houses of Parliament

Commonwealth Parliament

Structure
  • The Crown: Governor-General

  • Lower House: House of Representatives

  • Upper House: The Senate

House of Representatives
  • Lower House of Commonwealth Parliament

  • 151 members elected for 3 years.

  • Each member represents an electoral division.

  • Members are known as Members of Parliament (MPs).

  • Current Composition (as of 18/04/2024):

    • Government: Australian Labor Party (78 members)

    • Opposition: Liberal Party, The Nationals, Country Liberal Party (55 members)

    • Independents: 12 members

    • Minor Parties: Australian Greens (4), Centre Alliance (1), Katter's Australian Party (1)

Roles in Law-Making
  • Initiate and make laws

  • Determine government

  • Act as a house of review

  • Control government spending

  • Represent the people of Australia

Role: Initiate and Make Laws
  • Main function.

  • Most bills originate here, introduced by the government.

  • Bills undergo an extensive legislative process involving debate and scrutiny.

Role: Determine Government
  • The party with the majority of seats forms the government.

  • The government must maintain the majority support to remain in power.

  • Impact:

    • Allows the government to introduce bills aligning with their policies.

    • Government bills are likely to pass due to party-line voting and majority.

Role: Represent the Views of the People
  • Members represent electorates.

  • Members should represent constituents' views in parliament.

  • Impact: Members may support or oppose bills based on constituent views, influencing bill passage.

Role: Act as a House of Review
  • Applies if a bill originates in the Senate as a private member's bill.

  • The House reviews, debates, and votes on bills from the Senate.

  • Impact: Lack of government support can hinder passage.

Role: Scrutinise Government Administration
  • Opposition and crossbench members hold the government accountable through questions.

  • Committees review government decisions and policies.

  • Impact: Prevents abuse of power.

The Senate
  • Upper House of Commonwealth Parliament.

  • 76 members elected for 6 years (half retire every 3 years).

  • Equal representation: 12 senators per state, 2 per territory.

  • Members are called Senators.

  • Current Composition (as of 02/04/2024):

    • Government: Australian Labor Party (26 senators)

    • Opposition: Liberal, Nationals, LNP, CLP (31 senators)

    • Minor Parties: Australian Greens (11 senators), Pauline Hanson's One Nation (2 senators), Jacqui Lambie Network (1 senator), United Australia Party (1 senator), Independents (4 senators)

Roles in Law-Making
  • Act as a house of review

  • Represent the states and territories

  • Initiate bills

  • Scrutinise bills and government administration

Role: Act as a House of Review
  • Reviews bills passed by the House of Representatives.

  • Senators debate, research, and propose amendments.

  • Impact: Can block bills if the government lacks a Senate majority; can force amendments.

Role: Represent the States & Territories
  • Senators represent their region.

  • Equal state representation (12 senators) regardless of population.

  • Territories have 2 senators.

  • Impact: Protects state interests; allows smaller states influence.

Role: Initiate Bills
  • Senators can initiate bills (except private money bills).

  • These are private members bills.

  • Impact: Difficult to pass without government support; can raise awareness and encourage debate.

Role: Scrutinise Government Administration
  • Senators scrutinise government policies and bills.

  • Opposition and cross-bench members ask questions.

  • Senate committees scrutinise legislation, activities, policy, and spending.

  • Impact: Identifies issues, pressures government for changes, informs Senators' votes.

Example: Senate Estimates Committee

  • Meets ~3 times a year for ~2 weeks.

  • Investigates government spending of taxpayer money.

  • Hearings examine government estimates for the financial year (1 July – 30 June).

  • 6 senators: 3 government, 2 opposition, 1 minor party/independent.

  • Hearings are public, televised, and recorded in Hansard.

  • Impact: May reveal government practices and prompt improvements.

Victorian Parliament

Structure
  • The Crown: Governor

  • Lower House: Legislative Assembly

  • Upper House: Legislative Council

Legislative Assembly
  • Lower House of Victorian Parliament.

  • 88 members elected for 4 years.

  • Each member represents an electoral division.

  • Members are called Members of Parliament (MPs).

  • Roles in law-making are the same as the House of Representatives but for Victoria rather than for Australia:

    • Initiate and make laws

    • Determine government

    • Act as a house of review

    • Control government spending

    • Represent the people of Victoria

Legislative Council
  • Upper House of Victorian Parliament.

  • 40 members elected for 4 years.

  • 5 members are elected for each region of Victoria.

  • Members are called Members of Parliament.

  • Roles in law-making are the same as the Senate but for Victoria, not the states and territories of Australia:

    • Act as a house of review

    • Represent the regions of Victoria

    • Initiate bills

    • Scrutinise bills and government administration

The Crown

The Governor-General (Federal Parliament)
  • Crown’s representative at a federal level in Australia.

  • Performs ceremonial functions as Head of State.

  • Appointed by the King on the advice of the Prime Minister.

The Governor (Victorian Parliament)
  • Crown’s representative at a state level in Australia.

  • Performs ceremonial functions as Head of State.

  • Appointed by the King on the advice of the Premier.

Roles in Law-Making
  • Granting royal assent

  • Withholding royal assent

  • Appointing the Executive Council

Role: Granting Royal Assent
  • Signing a bill after it passes both houses.

  • Indicates Crown’s approval.

  • Usually given on the advice of the Prime Minister or Premier.

  • According to Section 58 of the Constitution, a bill cannot become law without royal assent.

Role: Withholding Royal Assent
  • The Crown can refuse to give royal assent.

  • Section 58 of the Constitution says Governor-General can withhold royal assent.

  • Impact: If refused, the bill does not become law.

Role: Appointing the Executive Council
  • The Executive Council:

    • Made up of the leader of the government (Prime Minister or Premier) and ministers.

    • Responsible for administering and implementing the law.

  • The Crown swears in the Executive Council and the minister’s portfolios.

  • Impact: Appoints ministers, who oversee policy and legislation.