Australian Bicameral Parliament Notes

Bicameral System

  • "Bicameral" means "two rooms."
  • A bicameral system (bicameralism) is a system of government where the legislature has two houses.
  • Australia’s parliament is bicameral, consisting of:
    • The House of Representatives (lower house).
    • The Senate (upper house).
  • Parliament also includes the British monarch, represented by the Governor-General.
  • The upper house provides checks and balances, ensuring legislation represents the interests of all Australian states and territories.

Relevance to the Westminster System

  • Under the Westminster system, the party with majority support in the lower house forms the government.
  • Australian federal elections directly elect representatives to both houses.
  • The party with a majority in the House of Representatives forms the government.

Role of the House of Representatives

  • The House of Representatives:
    • Forms the government.
    • Decides matters of national interest.
    • Represents the interests of people in their electorates.
    • Proposes, debates, and votes on bills and amendments.
    • Examines issues in committees.
    • Scrutinizes the executive government.

Role of the Senate

  • The Senate:
    • Decides matters of national interest.
    • Represents the interests of people in their states or territories.
    • Proposes, debates, and votes on bills and amendments.
    • Examines issues in committees.
    • Scrutinizes the executive government.

The Usual Path of a Bill

  • Both houses collaborate to pass bills into law.
  • House of Representatives:
    • 1st Reading: The bill is introduced.
    • 2nd Reading: Members debate and vote on the bill’s main idea.
    • House Committee (optional): Public inquiry into the bill; reports back to the House.
    • Consideration in Detail (optional): Members discuss details and potential changes.
    • 3rd Reading: Members vote on the bill in its final form.
    • Bill Passed: Sent to the Senate.
  • Senate:
    • 1st Reading: The bill is introduced.
    • 2nd Reading: Senators debate and vote on the bill’s main idea.
    • Senate Committee (optional): Public inquiry into the bill; reports back to the Senate.
    • Committee of the Whole (optional): Senators discuss details and potential changes.
    • 3rd Reading: Senators vote on the bill in its final form.
    • Senate Referral: The Senate may refer the bill to a Senate committee for inquiry. (This can occur while the bill is in the House.)
    • Bill Passed: If passed in the Senate.
  • Governor-General:
    • Royal Assent: The Governor-General signs the bill.
    • Bill Becomes Law: An Act of Parliament.

Disagreement Between Houses

  • Both the Senate and House of Representatives must agree to pass a bill and enact a law.
  • If they disagree, the originating house may:
    • Pass the bill again and send it back.
    • Change the bill for the second house to pass.
    • Lay the bill aside (shelve it).

Australian Constitution: Section 57

  • Section 57 provides a solution for disagreements.
  • If the Senate rejects a bill twice, a double dissolution occurs.
  • Double Dissolution: The Governor-General shuts down both houses, leading to an election.
  • Australian voters decide the outcome of the election.
  • There have been only 7 double dissolutions in Australia’s history.

Significance of Section 57

  • Protects the democratic process:
    • Ensures that the people have the final say through an election if the houses cannot agree.
    • Protects democracy by enabling the people to elect their representatives.
  • Keeps the government accountable:
    • Prevents the government from forcing laws through without support from both houses.
    • Encourages both houses to collaborate and effectively represent the people.
  • Section 57 reinforces bicameralism, ensuring the Senate and House of Representatives have equal power, and legislation is representative of the Australian people.

Key Facts

  • Governor-General:
    • Position currently held by Sam Mostyn AC.
    • King's representative.
    • Gives royal assent to legislation.
    • The last stage of creating legislation.
    • Has special powers known as 'reserve powers'.
  • House of Representatives:
    • Lower House.
    • 150 members.
    • Most legislation is introduced here.
    • Governments often have the majority here.
    • Members are elected for 3 years.
  • Senate:
    • Upper house.
    • Also known as the 'House of Review'.
    • 76 members.
    • Governments rarely have a majority here.
    • Members are elected for 6 years.

Lesson Closure

  • Australia’s parliament has two houses: the House of Representatives (lower house) and the Senate (upper house).
  • The main roles of the Australian Parliament are to:
    • Make and change federal laws.
    • Represent the people of Australia.
    • Provide a place where government is formed.
    • Keep a check on the work of the government.
  • A double dissolution will occur when the houses of Parliament cannot agree on a proposed bill, and the Governor-General dissolves both houses.