KKDP 1: Roles of the Crown and the Houses of Parliament (Vic & Commonwealth) in law-making

Structure of both parliaments (Vic and Fed)

Federal/Commonwealth Parliament

House of Representatives

• Consists of 151 members each reping an electoral division (151 electorates = 151 members in house reps

• elected for a 3 year term

  Sec 28 of constitution—> states elections for the HOR must be held at least every three years.

  Sec 24 of constitution—> The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators.

• government formed in house of reps

• Ministers sit on the front bench in the house

• house of reps controls gov spending

Role of the House of Reps in law making

• Initiate and make bills- intro of new bills to be debated & passed. Usually introduced by the gov, although any member may introduce a bill

• Control government expenditure- bill must be passed through both houses before gov is able to collect taxes or spend money, but only the lower house

• Determine government- the poltical party (or coalition of parties) that has the most members in the house of reps forms government. In terms of law-making, as the gov has the majority in lwr house, is able to generate the vast majority of law reform that enters the parliament

• Act as a house of review- will act as the house of review in the law making process when a bill has been initiated + agreed upon in the senate.

Senate

• consists of 76 member

• state elects 12 reps and each territory elects 2 reps

• members hold office for a 6 year term, half of the members elected every 3 years

• equal reps from each state

• senate is decorate red

Sec 7 of the constitution states “The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate. The Senators will be chosen for a term of 6 years.”

Role of the Senate

• House of review- bills initiated by house of reps, senates task is to review bills already passed through the lower

• Act as the state’s house- sec 7 states this saying it should have equal rep from each state, regardless of size or population. In this way the senate represents the interests of the states in law-making

• Scrutinise bills through the committee process- senate has a number of commitees and their role is to asses the legislative proposals to determine what effect the proposals would have individual rights, freedoms, obligations, rule of law

• initiate and pass bills- senate is able to initiate bills (other than money), pass bills that hav been passed through HOR. They can pass it with, without ammendmenrs or reject it completely

Victoria Parliament

Role of the Legislative Assembly in law-making

Characteristics

• Lowest House in Victoria

• It consits of 88 members, they represent each electoral district throughout the state.

• Members hold a 4-year term.

Roles

• Goverment is formed in the legislative assembly

• initiates and passes bills

• provides a representative government

• acts as a house of review

• control gov spending

Role of the Legislative Council in law-making

Characteristics

• consists of 40 members

• elected from 8 regions w 5 from each region

• term is 4 years

Roles

• Acts as a house of review

• Examine bills through its comittee

• Initiate and pass bills

The Crown (Both Fed and State)

Role

• grants royal assent: kings rep is required to provide royal assent. Giving approval of a bill before it goes into law

• Witholding royal assent: Crowns rep has the power to withold royal assent. Its rare. Fed level, Aus Constitution has specified circumstances in which gov-gen can withold royal assent

• Appoint Exec Council: the Crown's representative has the authority to appoint members to the Executive Council. comprises of the leader of the gov and senior ministers. role of this council is to give advice on gov matters as well as approve sec legislation