Chapter 11.1

Question 1

role of parliament

Answer 1

The main role of parliament (also referred to as the legislature) is to make and change law. Parliament
is the supreme law-making body, which means it can make and change any law within its power.

Question 2

Introduction to the bicameral structure
of parliament

Answer 2

Both the Commonwealth and Victoria have a bicameral parliament, which means they have two
houses (chambers).

Question 3

the australian constituion- section 1
legislative power

Answer 3

Section 1 of the australian constitution establishes the structure of the parliament

Question 4

bicameral parliament

Answer 4

a parliament with
two houses (also
called chambers). In
the Commonwealth
Parliament, the
two houses are the
Senate (upper house)
and the House of
Representatives
(lower house). In the
Victorian Parliament,
the two houses are
the Legislative Council
(upper house) and the
Legislative Assembly
(lower house)

Question 5

constitution act 1975 - section 15
parliament

Answer 5

The requirement for the Victorian Parliament to be bicameral is contained in the Constitution Act
1975 (Vic)

Question 6

the requirment for two different groups of people to agree on a law

Answer 6

The requirement for two
different groups of people to agree on a law being made is a form of ‘quality control’ on a bill in
two ways:
- the second house double-checks the bill and may suggest amendments
- the second house reviews the proposed law to ensure there is no misuse of law-making power by
the other house.
This requirement for the two houses to pass a bill can both enable and limit the ability of parliament
to make law.

Question 7

the composition of the upper house

Answer 7

The political party (or coalition of parties) with the majority of seats in the lower house forms
government. Most bills are introduced in the lower house of parliament, as most government ministers
are members of the lower house. This then increases the importance of the second house, which is
normally the upper house in the law-making process.

Question 8

importance of upper house

Answer 8

The upper house is usually referred to as a house of review, after a bill has gone through the other house the upper house will act as a house of review by scrutinising legislation, they will properly examine and debate the bill and then they will either amend the bill or reject it
* if the government has a majority of members in the upper house, it can pass bills easily, although the review process may be limited. This is known as ‘rubber stamping’ bills.

Question 9

no government majority in the upper house

Answer 9

A situation where the government does not hold the majority in the upper house is sometimes called
a hostile upper house.

Although the government usually has the majority of seats in the lower house, it does not always have
the majority of seats in the upper house. if there is no government majority in the upper house the balance of power is likely to be held by members of the crossbench. The government will therefore need the support of either the opposition or some or all of the crossbenchers (depending on the composition) to get bills passed through the upper house.

Question 10

minor party

Answer 10

a political party
that can pressure
the government on
specific issues to bring
about law reform,
despite not having
enough members or
electoral support to win
government

Question 11

crossbenchers

Answer 11

members of Parliament
who are not members
of either government
or opposition (i.e.
independent members
or members of minor
parties). They are
named after the set
of seats provided in
parliament for them,
called the ‘crossbench’

Question 12

balance of power

Answer 12

(between political
parties) a situation
where no single party
has a majority of seats
in one or both houses
of parliament, meaning
the power to reject or
approve bills is held
by a small number of
people (e.g. members
of minor parties and
independent members)

Question 13

hostile upper house

Answer 13

a situation in which the
government does not
hold a majority of seats
in the upper house and
relies on the support
of the opposition or
crossbench to have
their bills passed

Question 14

what happens if the government does not hold a majority in the upper house

Answer 14

Without a majority, the government can face difficulties implementing its legislative agenda due to crossbench amendments or bill rejections.
these difficulties include
- requiring support from opposition or crossbench, such as the australian greens to pass bills
- Minor parties and independs can hold alot of power, possibly influencing or blocking legislation and potentionaly not represting the views of the pople

Question 15

diverse upper house

Answer 15

Diverse Upper House Can lead to more thorough debate and law-making, reflecting a wider range of community interests, as seen with increased support for minor parties and independents.

Question 16

rubber stamp upper house

Answer 16

A rubber stamp is when government can hold a majority seats in both houses. this means that it just confirms the decisions made by the government in the lower house and government bills will inevitably be passed

Question 17

problems of rubber stamp

Answer 17

• rubber stamp parliament is an effective way to make laws, it allows the government to introduce whatever bills it likes
• rubber stamp can prevent the upper house from adequately fulfilling its role as a house of review
• having a majority in both houses means bills may not be adequately debated

Question 18

rubber stamp

Answer 18

a term used to
describe a situation
in which the upper
house of parliament
automatically approves
decisions made in the
lower house because
the government holds a
majority of seats in both
houses and members
of the government
generally vote along
party lines

Question 19

law making process

Answer 19

A bill needs to be passed by both houses, following which it will be sent to the King’s representative
for royal assent.
There are several stages in the passage of a bill, which means that the law-making process can be
slow at times. In addition, the number of sitting days in parliament means that the law-making process
does not happen all the time. These two issues are explored further below.

Question 20

problems associated with law making

Answer 20

• stages of a bill is a lengthy process
• sitting days

Question 21

stages of a bill

Answer 21

There are multiple stages to making a bill which contains many steps, this is a very time consuming process meaning legislation wont get passed efficiently
- more complex bills take longer

Question 22

sitting days

Answer 22

One of the factors that affects the ability of parliament to make laws is the number of days during
which the houses sit. On a sitting day, members meet at parliament house, and it is only then that bills
can be debated and passed. Some of the day is also dedicated to other parliamentary business, such as
question time and debates.
- parliament does not sit every day or every week

Question 23

reason for few sitting days

Answer 23

The reason for the relatively few sitting days is that members of parliament need to also spend
time in the community so that they remain aware of the needs of the people that they represent.

Question 24

criticism of limited number of sitting days

Answer 24

The limited number of sitting days has been criticised by some as a ‘waste of time’, on the grounds that it reduces the time and opportunities to pass essential legislation.
- secondary legislation can be used to make rules and regulation

Question 25

secondary legislation

Answer 25

rules and regulations
made by secondary
authorities (e.g. local
councils, government
departments and
statutory authorities)
that are given the power
to do so by parliament
(also called delegated
legislation)