statute law Flashcards
statute law
made by the parliament, overides common law/precedent
federal parliament roles
making and changing federal laws
representing the people of Australia
providing a place where the government is formed
keeping a check of the work of the government
federal parliament structure
bicameral system- federal parliament consists of 2 houses of parliament
house of representatives:
- 151 seats
- Each seat is occupied by a representative that has been elected by their electorate
- The political party with majority of the seats in HOR forms government
The party with the majority of seats chooses its leader, becoming prime minister.
- Its role is to initiate and pass bills, once a bill is passed it becomes a statute.
senate:
- Pass bills
- 76 senators
- Represent state and territory states.
state parliament (NSW)
legislative council- upper house
legislative assembly- lower house
The premier is leader of the political party with majority of seats in the legislative assembly
legislative process
a way in which a new law (statute) is passed by the parliament. The Cabinet is made up of ministers appointed by the PM in charge of various government departments.
- Cabinet discusses the need for a new law
- Bill is drafted by parliamentary drafters
- First reading - distributed to the members of the parliament
- Second reading - minister responsible for the bill by giving a speech, debate of the bill.
- Committee stage - committee amends and assesses the bill.
- Third reading - Bill is read again in HOR, vote process to go to senate
- Royal assent by the governor general - they sign the bill, therefore becoming an act of parliament.
If the senate rejects the bill then the government may try to modify the bill - if this fails they must wait 3 months to propose it again. If these strategies fail, the Prime Minister can ask the Governor General for a double dissolution. This dissolves both houses of parliament and there will be a federal election. The best outcome is that they would win the election and gain a majority in the senate.
double dissolution
occurs when both the Senate and the House of Representatives are dissolved – shut down – in order for a federal election to take place.
delegated legislation
made by subordinate bodies given the power to make laws. It is NOT made by Parliament.
These legislations:
- Are made by people with expertise in the area.
- Free up time for the federal parliament to deal with more important matters.
- Lack democratic processes
- Lack scrutiny
by laws
Legislation made by local councils - power of the Local Government Act 1993 (NSW)
(eg. parking, alcohol, building applications)
rules
Legislation made for government departments, usually made by themselves.
regulations
Legislation made by a state governor, governor general, or members of the executive council
(eg. Regulation as to the high income threshold for using the Fair Work Commission; currently $162 000. (If an individual makes less that $162 000, they can claim unfair dismissal claim)
ordinances
Laws made for Australian territories, like Norfolk Island and the Australian Antarctic Territory.
the constitution
A document, created by the federal government that sets out the structure and role of parliament in Australia, the powers of the federal government and the role of the high court.
division of powers
Law making power in Australia which is divided by Federal and state government.
exclusive power
only the federal government can legislate
(eg. immigration, defence)
concurrent power
both federal and state governments can legislate.
(eg. health, education)
