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Understanding Law Making in Australian Parliament, Exams of Law

A comprehensive guide to the law making process in the australian parliament. It covers topics such as private member bills, government bills, the main functions of the australian parliament, parliamentary committees, the role of the prime minister, the cabinet, the shadow ministry, backbenchers, cross-benchers, and parliamentary committees. It also explains the steps in the investigative process of parliamentary committees and the features of standing and select committees.

Typology: Exams

2023/2024

Available from 05/15/2024

Jayju
Jayju 🇺🇸

416 documents

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Law making in Australian Parliament
Questions and answers
Define private member CORRECT ANSWERS Any member who does not hold an
official office.
Includes:
- Back-benchers.
- Opposition members (including shadow ministry)
- Minor party members.
- Independents.
Define conscience vote CORRECT ANSWERS A free vote where members vote
according to their personal views rather than along party lines. Rare because
members generally vote along party lines.
What are standing orders? CORRECT ANSWERS Permanent rules and practices
drawn up by the houses of parliament which govern many parliamentary
procedures
What are private member's bills? CORRECT ANSWERS Bills introduced to
parliament by the opposition, independents, minor parties or back benchers
What are government bills? CORRECT ANSWERS Bills introduced by Cabinet
members
What are the features of the Australian Parliament? CORRECT ANSWERS -
Bicameral
- Constitutional monarchy
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Questions and answers

Define private member CORRECT ANSWERS✅ Any member who does not hold an official office. Includes:

  • Back-benchers.
  • Opposition members (including shadow ministry)
  • Minor party members.
  • Independents. Define conscience vote CORRECT ANSWERS✅ A free vote where members vote according to their personal views rather than along party lines. Rare because members generally vote along party lines. What are standing orders? CORRECT ANSWERS✅ Permanent rules and practices drawn up by the houses of parliament which govern many parliamentary procedures What are private member's bills? CORRECT ANSWERS✅ Bills introduced to parliament by the opposition, independents, minor parties or back benchers What are government bills? CORRECT ANSWERS✅ Bills introduced by Cabinet members What are the features of the Australian Parliament? CORRECT ANSWERS✅ - Bicameral
  • Constitutional monarchy

Questions and answers

  • The Australian Constitution gives the legislative power of the Commonwealth to the Parliament. Explain the makeup of the Australian parliament. CORRECT ANSWERS✅ - Head of state: the Queen (represented by the Governor General)
  • The two houses (House of Representatives and the Senate) Senate: senators
  • 12 senators per state, 2 per territory. Allow equal representation of states, half elections held every 3 years. House of Representatives: members 1 member for each electorate. What is the role of members and senators? CORRECT ANSWERS✅ - To set up parliamentary committees to examine government bills
  • To investigate how the government spends money in the budget by participating in biannual estimates committees
  • To question the government each day in question time (in both house What are the main functions of the Australian parliament? CORRECT ANSWERS✅
  1. To legislate
  2. To form of government
  3. To monitor the expenditure of funds
  4. To provide representation
  5. To scutinise the actions of the government

Questions and answers

  • Senators represent states (12 senators per state, 2 per territory) How does parliament scrutinise the actions of the government? CORRECT ANSWERS✅ - Government implements laws and other decisions of parliament
  • Parliament checks and scrutinises the actions of the government, especially government expenditure
  • The opposition plays an important part in the scrutiny activities of Parliament Which important procedures allow the functions of the parliament to be achieved? CORRECT ANSWERS✅ - Question time
  • Ministerial statements
  • Motions by any member (eg: grievance debate, adjournment debate)
  • Presentation of petitions, notices and papers
  • Budget scrutiny and reports of committees
  • Recurring debates such as the budget debate and the address-in-reply debates Coalition CORRECT ANSWERS✅ Two or more political parties combined to form government. Seats counted together. What is a hung parliament? CORRECT ANSWERS✅ - A parliament in which no party has majority.
  • The lack of majority in the lower house creates a minority government
  • The government relies on independents and minor parties to side with them to form government and to pass legislation

Questions and answers

  • Changes voting: everyone has to vote in the parties because the numbers are very close
  • Independents have deciding say on bills: balance of power Eg: 2010 election
  • Resulted in a hung parliament.
  • First time in 70 years
  • 4 independents and minor party members sided with the Gillard-led Labor party to form government What are standing orders? CORRECT ANSWERS✅ Permanent rules and practices drawn up by the houses of parliament which govern many parliamentary procedures Who decides standing orders? CORRECT ANSWERS✅ Decided by Parliament What is the relation of standing orders to the constitution? CORRECT ANSWERS✅ - Australian Constitution doesn't give much detail as to the way Parliament should conduct business.
  • Section 50 of the Australian Constitution gives parliament control over procedures of both houses. "Each house of the House of Parliament may make rules and orders with respect to... ii) the order and conduct of its business and proceedings, either separately or jointly will be with the other houses"

Questions and answers

Does not take part in debates Cannot vote Elected through standing orders Keeps order in the house, enforces standing orders Can sanction members, send them out of the room Has casting vote in tied result What is the origin of the role of PM? CORRECT ANSWERS✅ Not mentioned in Constitution Established by convention Australia has had 28 Prime Ministers What is the parliamentary membership held by the PM? CORRECT ANSWERS✅ PM by CONVENTION is a member of the Lower House John Gorton: only PM in Senate. 19th Prime Minister of Australia. Resigned from Senate position and got a seat in the House of Reps. In office 10 January 1968 to 10 March 1971 Describe the position of the PM. CORRECT ANSWERS✅ Leader of the Australian Government Leader of the nation Leader of the Executive Government Leader of the political party with a majority of seats in the House of Representatives

Questions and answers

Describe the role of the PM. CORRECT ANSWERS✅ Allocating ministerial positions Chairing cabinet meetings and set agenda (head of Cabinet) Right to advise the Governor General (exist only by Convention) Making decisions about national issues Dealing with emergencies/crises (eg: 2011 Queensland Floods) How is the PM appointed? CORRECT ANSWERS✅ Leader of elected party Governor General officially appoints PM, even though the Constitution does not recognise this position What are some restrictions on the PM's power? CORRECT ANSWERS✅ Maintaining support of their parliamentary colleagues in order to remain in position Managing strong political personalities and ambitions of cabinet ministers PM and other ministers must attend question time and submit to inquiries and scrutinies from the Opposition Prime Ministerial goals can be thwarted by court's role as constitutional interpreter means that. Eg: High Court invalidated Gillard's government's policy on Malaysia Solution Reserve powers of the Governor-General may be used against the Prime Minister. Eg: Sir John Kerr's dismissal of PM Whitlam in 1975 Opinion polls, by-elections. State elections and pressure group activity all contribute to electoral pressure on the person holding prime ministerial office

Questions and answers

What is the role of the cabinet? CORRECT ANSWERS✅ - Formulate government policy and legislation. Eg: National Broadband Network. Most bills are formed in Cabinet.

  • Determine legislation that is to come before Parliament. Most proposed bills are approved by Cabinet before they are presented to Parliament. Eg: Gillard Government
  • Makes decisions about national issues
  • Deals with emergencies/crises. Eg: 2011 Queensland Floods Who is the cabinet comprised of? CORRECT ANSWERS✅ - Comprised of PM and Senior Ministers from the governing party. Senior Ministers are selected by PM
  • Cabinet (Senior) Ministers manage portfolios, in charge of government departments
  • Members of the Cabinet form the Executive Council What details are important in the operation of the cabinet? CORRECT ANSWERS✅ - Meets in secret at least once a week when parliament is sitting
  • Once Cabinet has made a decision, all Cabinet ministers are expected to support the decision publicly - cabinet solidarity. Eg (bad): Gillard reshuffle, attempted motion of no confidence towards Gillard. What are some limitations to the powers of the cabinet? CORRECT ANSWERS✅ All ministers are responsible for the decision made by the Cabinet - collective ministerial responsibility All ministers are responsible to parliament

Questions and answers

Questioned on departments and bills during question time, when introducing bills List two current cabinet members. CORRECT ANSWERS✅ Treasurer: Joe Hockey MP Minister for Education: Christopher Pyne MP What is the role of the shadow ministry? CORRECT ANSWERS✅ Each shadow minister concentrates on the work of a particular minister and government department Who is the shadow ministry comprised of? CORRECT ANSWERS✅ Consists of 'Shadow Ministers' who are members of the opposition chosen by the Leader of Opposition What procedures are important in the operation of the shadow ministry? CORRECT ANSWERS✅ - Top-level shadow ministers form a Shadow Cabinet which meets regularly to develop opposition policies

  • At the second reading of a bill, the responsible minister outlines the government's reasons for the legislation
  • Shadow Minister then has the right to outline the official opposition position on the bill What is the importance of the shadow ministry? CORRECT ANSWERS✅ Fulfills important responsibility of scrutinising the work of the government and individual ministers

Questions and answers

Government backbenchers and opposition backbenchers What are the duties of a back-bencher? CORRECT ANSWERS✅ Representing their electorate Support their party in parliamentary debates and votes Attending party meetings and functions, etc. Usually work long hours on parliamentary committees What is the bill-making power held by back-benchers? CORRECT ANSWERS✅ May initiate bills (Private Member's Bill) but rarely successful )as they often lack the endorsement of Cabinet) Who is an example of a back-bencher? CORRECT ANSWERS✅ Simon Crean: Labour backbencher who until recently served as a cabinet minister under Hawke, Keating, Rudd and Gillard governments What is a cross-bencher? CORRECT ANSWERS✅ Refers to a set of seats for MPs who belong to neither the government nor the opposition Occupied by Independents and minor party members in either the Senate or HOR What is the balance of power? CORRECT ANSWERS✅ Ability of one person or parliamentary party to decide an issue by the way they vote due to no party having majority.

Questions and answers

What is the importance of cross-benchers? CORRECT ANSWERS✅ Hold balance of power Name a cross-bencher from the 2013 election. CORRECT ANSWERS✅ Andrew Wilkie Adam Bandt Clive Frederick Palmer What is a parliamentary committee? CORRECT ANSWERS✅ Refers to a small group of members of Parliament, usually drawn from all parties in one or both of the houses, which examine, reports on, and makes recommendations about a particular issue of bill How are parliamentary committees established? CORRECT ANSWERS✅ Parliament establishes a committee of inquiry and outlines its specific purpose. Who can set up parliamentary committees? CORRECT ANSWERS✅ Can be set up by either house or both houses together Parliament gives committees considerable powers of investigation Protected by parliamentary privilege - can speak freely without any actions being taken against them Which bills do parliamentary committees scrutinise? CORRECT ANSWERS✅ Bills scrutinised by Parliamentary Committees at both Federal and State levels

Questions and answers

  • Investigating general policy or community issues What is the importance of parliamentary committees? CORRECT ANSWERS✅ - Members of Parliament often use evidence from a committee report to propose/amend bills or make amendments to existing laws
  • Encourages debate, informs ministers
  • Provide parliament with range of community views
  • One way the executive is scrutinised
  • Committee work is an important part of the duties of a Member of Parliament Explain some steps in the investigative process of parliamentary committees. CORRECT ANSWERS✅ - Takes place at Parliament House, travel around Australia
  • Advertises in newspapers Invites written submissions from the community, experts and interest groups regarding the issue
  • Committee members read submissions, may invite selected people/groups to appear before the committee to provide further evidence or answer questions from committee members
  • Committee writes a report and presents finding and recommendations to Parliament What are the features of standing committees? CORRECT ANSWERS✅ Ongoing, permanent committees Often associated with public money and government expenditures Also mirror the portfolio activities of government Membership changes

Questions and answers

How many current standing committees are there? CORRECT ANSWERS✅ 15 standing committees in HOR 16 standing committees in Senate What is an example of a standing committee? CORRECT ANSWERS✅ March 27 2013 House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs released its advisory report on the Native Title Amendment Bill 2012. The Committee had recommended that the bill be passed and says an inquiry into the present Native Title system should also be set up at the beginning of the next parliament. 26 March 2014: Standing Senate Committee on out-of-pocket costs in Australian healthcare What are the features of select committees? CORRECT ANSWERS✅ Short term, temporary committees Used to investigate a specific matter, often current controversial issues May be set up by minister or parliament Ceases to exist when it had made its final report to the house Which house uses select committees more? CORRECT ANSWERS✅ Select committees extensively used by Senate

Questions and answers

Government bill Introduced to parliament 29 November 2012 under Gillard/Rudd government Reviewed by joint standing committee Many amendments Royal Assent: 18 March 2013. What is a private member's bill? CORRECT ANSWERS✅ Bill introduced by a private member. Small percentage of bills passed What is an example of a private member's bill? CORRECT ANSWERS✅ Daylight Saving Act (2006) Introduced by John D'Orazio (independent) and Matt Birney (Liberal) Cheryl Davenport MLC proposed private members bill to amend the criminal law to remove reference to abortion completely. Compromised on making abortion legal in certain circumstances. Conscience vote held Passed