the commonwealth parliament

Question 1

The Parliament of Australia (also known as the Commonwealth Parliament or the federal parliament)
consists of:

Answer 1

• the King (represented by the Governor-General of Australia)
• the Senate (the upper house)
• the House of Representatives (the lower house)

Question 2

Two key roles of the Commonwealth Parliament are …

Answer 2

• to make laws
• to represent the people of
  Australia.

Question 3

The idea of having two ‘houses’ is that …

Answer 3

The idea of having two ‘houses’ is that there are effectively two ‘groups’ of people who form parliament. It ensures that the power to make law is not held by one single ‘group’ of people. Instead, the two houses or ‘groups’ can consider and decide whether a law should be made.

Question 4

explain the house of representatives

Answer 4

• The lower house is the House of Representatives.
• There are 151 members in the House of Representatives, each representing one of Australia’s 151 electorates.
• Voters in each electorate vote in a federal election to choose their representative in the lower house.
• The elected member represents the views and interests of the people in their electorate.
• The House of Representatives is often called ‘the people’s house.’
• Federal elections are held every three years, and voting is compulsory.
• To vote, a person must be 18 years old and registered on the national electoral roll.
• The political party (or coalition) with the majority of members in the House of Representatives forms the government.
• The leader of the majority party becomes the Prime Minister and appoints government ministers for various portfolios (e.g., health, education, defense).
• Most ministers sit in the House of Representatives.
• The party (or coalition) with the next greatest number of members becomes the opposition, acting as an ‘alternative government’ that could form a government if the current one loses public confidence.

Question 5

define political party

Answer 5

an organisation that represents a group of people with shared values and ideas, and which aims to have its members elected to parliament

Question 6

define coalition

Answer 6

an alliance or joining together of two or more political parties, usually to form government

Question 7

define minister

Answer 7

a member of parliament who is a member of the party in government and is in charge of a particular area of government (such as education)

Question 8

define opposition

Answer 8

the political party that holds the secondlargest number of seats (after the government) in the lower house. The opposition questions the government about policy matters and is responsible for holding the government to account

Question 9

explain the concept of shadow ministers

Answer 9

• The leader of the opposition appoints shadow ministers.
• Shadow ministers keep a check on the activities and responsibilities of the corresponding government ministers.
• They act as the opposition spokesperson for their particular portfolio.
• For example, there is a Shadow Minister for Defence who scrutinises the decisions made by the Minister for Defence.
• Shadow ministers ensure government ministers are accountable to the parliament.

Question 10

the role of the house of representatives in law-making

Answer 10

• One of the main roles of parliament is to make laws.
• A bill is a proposed law.
• A bill is initiated in one of the houses and must pass through both houses of parliament to become a statute (Act of Parliament or legislation).
• A majority vote of the members of both houses is required for a bill to pass.
• The bill must be passed by both houses in identical form to become law.
• Within each house, a bill goes through various stages, providing opportunities for debate, scrutiny, and amendments.
• Once a bill passes both houses, it goes to the Governor-General for royal assent (approval by the Crown’s representative).
• Any member of parliament can introduce a bill, and bills can be introduced in both houses.
• Most bills are initiated in the House of Representatives, usually by government ministers who introduce bills reflecting government policy.
• A bill introduced without Cabinet authority is known as a private member’s bill and generally does not reflect the government’s policy.

Question 11

The House of Representatives has several roles in law-making:

Answer 11

• Initiate and make laws
• Determine the government
• Act as a house of review
• Control government expenditure
• Represent the people
• Scrutinise government administration

Question 12

The House of Representatives has several roles in law-making - initiate and make laws

Answer 12

• The main function of the House of Representatives is to initiate new laws.
• Most bills are introduced in this house.
• Passing and debating bills, including those that amend or change existing laws, takes up much of the House’s time.
• The process of passing and debating bills is long and considered.
• Many new laws and changes to laws are often required to ensure a functioning society.
• Bills are debated and may be scrutinised and considered by a parliamentary committee as part of this process.

Question 13

The House of Representatives has several roles in law-making - determine the government

Answer 13

• After an election, the political party (or coalition of parties) with the most members in the House of Representatives forms the government.
• In the case of a hung parliament, the party (or coalition) that has the support of independents and/or another party can form the government.
• Most legislation is initiated in the lower house by government ministers.
• Government policy and mandates are reflected in the legislation introduced.

Question 14

The House of Representatives has several roles in law-making - act as a house of review

Answer 14

• If a bill is initiated and passed through the Senate, the House of Representatives becomes the ‘second house’ to consider the bill.
• In this case, the House of Representatives acts as a house of review.
• If the House of Representatives passes the bill, it is sent to the Governor-General.
• The bill is made into law on a nominated date after receiving royal assent from the Governor-General.

Question 15

The House of Representatives has several roles in law-making - control government expenditure

Answer 15

a bill must be passed through both houses of parliament
before a government can collect taxes or spend money, but only the House of Representatives can introduce money bills

Question 16

The House of Representatives has several roles in law-making - represent the people

Answer 16

• The House of Representatives upholds representative government.
• Members are elected to represent the people and act on their behalf.
• Proposed laws should reflect the views and values of the majority of the electorate that the member represents.

Question 17

The House of Representatives has several roles in law-making - scrutinise government administration

Answer 17

• Ministers must be members of parliament and are expected to be answerable and accountable for their decisions, policies, and actions.
• This principle is known as responsible government.
• Responsible government is upheld by allowing members to question ministers about their policies and legislative mandate during question time.
• Government decisions and policies can also be investigated and scrutinised through parliamentary committees.

Question 18

define bill

Answer 18

a proposed law that has been presented to parliament to become law. A bill becomes an Act of Parliament once it has passed through all the formal stages of law-making (including royal assent)

Question 19

define Cabinet

Answer 19

the group of senior ministers in a government made up of the Prime Minister (or the Premier at a state level) and senior government ministers who are in charge of a range of portfolios. Cabinet decides which bills or legislation should be introduced into parliament

Question 20

define private member’s bill

Answer 20

a bill introduced into parliament by a member of parliament who is not a government minister

Question 21

define hung parliament

Answer 21

a situation in which neither major political party wins a majority of seats in the lower house of parliament after an election

Question 22

define money bill

Answer 22

a proposed law (bill) that imposes taxes and collects revenue; also known as an appropriation bill

Question 23

define representative
government

Answer 23

a political system in which the people elect members of parliament to represent them in government

Question 24

define responsible government

Answer 24

a legal principle which requires the government to be answerable to elected representatives of the people for its actions and which requires the government to maintain the confidence of the majority of the lower house

Question 25

define election

Answer 25

the process used where eligible people vote to choose a person to hold a position in a body or organisation (for example, a member of a house of parliament)

Question 26

define committee system

Answer 26

a system used by federal, state and territory parliaments in Australia that involves use of separate working parties (i.e. committees) to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform

Question 27

define parliamentary
committee

Answer 27

a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party

Question 28

explain the senate

Answer 28

• The Senate consists of 76 elected members, known as senators.
• Each state elects 12 senators, regardless of population size.
• Each mainland territory elects 2 senators.
• Senators represent the interests of their state or territory, so the Senate is often called the states’ house.
• Senators are elected for a six-year term.
• Half of the senators are elected every three years, with the changeover occurring on 1 July in the year following a general election.

Question 29

the roles of the senate in law-making

Answer 29

• The Senate’s main role is to make laws.
• Its law-making powers are equal to those of the House of Representatives, including the ability to initiate proposed laws (bills).
• The Senate cannot initiate money bills (bills related to collecting revenue).
• The Senate cannot amend money bills but can request the House of Representatives to make amendments.
• The Senate debates proposed laws and has a large, active committee system.
• Committees allow senators to inquire into policy issues in depth and scrutinise bills before they become law.

Question 30

The main roles of the Senate in law-making are:

Answer 30

• Act as a house of review
  Allow for* Iniequal representation of the states

Question 31

the roles of the senate in law-making -

Answer 31

• Most bills are initiated in the lower house, so the Senate (the upper house) reviews bills already passed by the lower house.
• The Senate can:
  
  • Pass a bill without amendment.
  • Pass a bill with amendments (or request amendments for money bills before passing them).
  • Reject a bill.
• The Senate can insist on changes to proposed laws before they become law.
• The Senate acts as an important check on government in lawmaking, especially if the government does not have a majority in the Senate.

Question 32

the roles of the senate in law-making - Allow for equal representation of the states

Answer 32

• At the creation of the Commonwealth Parliament, states (formerly separate colonies) were concerned about losing too much power.
• Smaller colonies were especially worried about more populated colonies dominating the Commonwealth Parliament.
• To address this concern, Section 7 of the Constitution ensures equal representation for each state in the Senate, regardless of size or population.
• This provision aims to protect the interests of all states, particularly the smaller ones.

Question 33

the role of the senate in law-making - initiate bills

Answer 33

• Similar to the House of Representatives, the Senate can initiate bills (except money bills).
• Most bills are initiated in the House of Representatives.
• A bill may be introduced in the Senate, for example, when a minister who is a senator is in charge of a bill.

Question 34

the role of the senate in law-making - Scrutinise bills and government administration

Answer 34

• The Senate has several committees that scrutinise legislation, government activities, policies, and expenditure.
• One key committee is the Senate Standing Committee for the Scrutiny of Bills, which assesses legislative proposals for their impact on individual rights, freedoms, obligations, and the rule of law.
• Senators can also use question time to ask questions about government administration.

Question 35

define independents

Answer 35

individuals who stand as candidates in an election or are elected to parliament but do not belong to a political party

Question 36

define balance of power

Answer 36

(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 37

define crossbenchers

Answer 37

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