Chapter 2 - Law-Making Through Parliament

Question 1

Abrogate

Answer 1

Abolish; law made through the courts can be cancelled by an Act of parliament if the Act specifically states that it abolishes the law made by the courts.

Question 2

Bill

Answer 2

Proposed law

Question 3

Cabinet

Answer 3

The policy-making body of the government, made up of senior ministers and the prime minister (federal) or premier (state).

Question 4

Delegated legislation

Answer 4

Rules and regulations made by subordinate authorities

Question 5

Legislation

Answer 5

An Act of parliament or a set of Acts.

Question 6

Lobbying

Answer 6

Making requests to politicians or groups for their assistance in trying to influence a change in the law

Question 7

Pressure group

Answer 7

A group of people who have a common interest in trying to influence changes in the law

Question 8

Scrutiny of Acts and Regulations Committee

Answer 8

A Victorian joint investigatory committee that looks at new Bills as they make their passage through the Victorian Parliament.

Question 9

Senate Scrutiny of Bills Committee

Answer 9

A Senate committee that is responsible for examining all Bills that come before the Commonwealth Parliament

Question 10

Statute law

Answer 10

Law made by parliament, also known as legislation

Question 11

Subordinate authorities

Answer 11

Bodies to whom parliament delegates law- making powers

Question 12

Terms of reference

Answer 12

Instructions given to an organisation (for example, a law reform body) setting out the parameters within which an investigation will operate

Question 13

Reasons laws may need to change

Answer 13

• changing values in society
• changes in society
• advances in technology
• greater need for protection of the community
• greater awareness of the need to protect rights
• greater demand for access to the law
• encouraging changes in values in society

Question 14

Methods used by individuals and groups to influence change in the law

Answer 14

• petitions
• demonstrations
• media

Question 15

Petition

Answer 15

A formal, written request to the government for action in relation to a particular law that is considered outdated or unjust. It usually has a collection of signatures on it, which have been gathered from supporters. A petition is forwarded to a local member of parliament to present at the next sitting of parliament.

Question 16

Demonstration (AKA protest or rally)

Answer 16

Held to alert the government to the need for a change in the law. To be successful, a large group of people must show their support for the change in the law and attend the demonstration. Aim to bring an issue to the attention of the community and the law-makers with the objective of influencing a change in the law.

Question 17

Media

Answer 17

Important in influencing changes in the law. Without media coverage the law-makers would not be able to gauge public opinion, and individuals would not be able to inform the law-makers of changes in attitudes and needs in society. If demonstrations and petitions are to have any impact, media coverage is required in order to gain community awareness and alert law-makers to the need for a change in the law.

Question 18

Formal law reform bodies

Answer 18

Organisations that are employed by the state and Commonwealth governments to inform them of changes in society that may require a change in the law. Aim to give impartial advice and make recommendations that are practical and able to be implemented.

Question 19

Victorian Law Reform Commission (VLRC)

Answer 19

An independent, government-funded organisation. Established to investigate areas of law in which the government feels there is a need for reform and to monitor and coordinate law reform activity in Victoria.

Question 20

Before a law is introduced into parliament

Answer 20

Policy development and preparation of a draft Bill

Question 21

Progress of a Bill through its original house

Answer 21

1. Introduction and first reading
2. Second reading
3. Committee stage - consideration in detail
4. Third reading

Question 22

Progress of a Bill through its second house

Answer 22

Same procedure as original house
Any amendments must be communicated to the original house
Amendments must be approved by both houses before Bill can become law

Question 23

After the Bill passes through both houses

Answer 23

1. Certification
2. Royal Assent
3. Proclamation

Question 24

Introduction and first reading

Answer 24

Minister who wants to introduce Bill gives notice of intention
Minister reads title of Bill
Copies of Bill + explanatory notes circulated to all members of house
(Introduction and first reading are separate stages in Commonwealth)

Question 25

Second reading

Answer 25

Statement of compatibility is considered
Purpose of the Bill (includes explanatory memorandum + adjournment + debate + vote)
Scrutiny (by Scrutiny of Acts and Regulations Committee)

Question 26

Committee stage - consideration in detail

Answer 26

(Stage may be eliminated if house unanimously agrees)
Process of committee of whole house (speaker / president leaves house, Bill is discussed in detail, amendments most likely made at this stage)
Adoption of committee report - speaker/president returns to chair and asks parliament to accept the committee’s report

Question 27

Third reading

Answer 27

Long title of Bill is read
There is further debate if necessary
Bill is voted on its final form

Question 28

Certification

Answer 28

Clerk of parliament certifies Bill

Question 29

Royal assent

Answer 29

Governor / g-g signs the Bill, gives royal assent

Question 30

Proclamation

Answer 30

Act is published in the government gazette

Act comes into operation on day stated in Act / day proclaimed by governor/g-g in gazette / 28 days after royal assent