UNIT 3: AOS 1 Flashcards
Structure of the Commonwealth Parliament
Crown: Governor General
Upper House: Senate
Lower House: House of Representatives
Structure of Victorian Parliament
Crown: Governor
Upper House: Legislative Council
Lower House: Legislative Assembly
Role of the Lower House (Commonwealth)
150 Members Three year term Peoples house Electorate according to population Determination of government Provides for representative and responsible government Controlling government expenditure making laws
Role of the Upper House (Commonwealth)
76 Members 12 from each state and 2 from the territories The States House 6 year term Making laws (except money bills) Reviewing laws Providing for representative government providing for responsible government scrutinising government
Role of the Lower House (State)
88 members 4 year term making laws determine government representative and responsible controls government spending
Role of the Upper House (State)
40 members 8 regions 4 year term making laws reviewing laws representative and responsible government scrutinising government
Role of the Crown
act as Head of State
grant or withhold royal assent on bill passed by both houses
appoint sitting times of parliament
bring an end of session of parliament
to dissolve the parliament to bring about an election
appointing judges to the courts
exercising reserve powers (new PM if hung parliament or loss of confidence)
Representative Government
voted in by the people
at regular elections
to represent the views of the majority of the people
if the government fails to represent the views of the people it is likely to be voted out of office
Responsible Government
A system where the government is answerable to elected representatives of the people for its actions
duties with integrity
Separation of powers
Legislative power: power of the parliament and crown to make laws
Executive power: prime minister and senior ministers to make government policy (and in theory the crown)
Judicial Power: courts to interpret and apply the law
legislative and executive are combined
judicial is seperate
protects the stability of government
provides independence between the bodies that hold these powers
provides a check on the power of the parliament and government has no one body of absolute power
Why Laws need to change?
- Changing values and attitudes
- Protection of the community
- Advances in technology
Changing values and attitudes
Over time, attitudes and values will change in society. The majority of people are law abiding citizens, however if a law is not accepted by the community, people will be less inclined to follow it. An example of this is Oscar’s law, a puppy victim to puppy farming and mistreatment. This law reflects a change in society as people now abhor cruelty towards animals as compared with times where people were less concerned
Protection of the community
Main role of laws is to protect the individuals within the community (physical harm or mistreatment). Laws must make actions that endanger or harm others unlawful so people are discouraged from committing such offences.
E.G
Crimes Amendment (grooming) Act 2014 (Vic) which was passed to prevent children from individuals seeking to groom them for sexual purposes
Advances in technology
Constant improvements and advancements with technology, laws must be changed to cover new situations and reduce the risk of exploitation and harm E.G Crimes Amendment (identity crime) Act 2009 (vic) which was passed to protect a person from identity theft.
Role of the VLRC
- undertake research and make recommendations for changes in the law on issues referred to it by the Attorney General
- make recommendations for law reform on matters referred to it by the Attorney General including conducting research, consulting with the community and experts, calling for submissions and reporting on law reform projects
- make recommendations on minor legal issues that are of general community concern
- suggest to AG that they refer are of law to them for reform
- educate the community
- monitor and coordinate law reform in vic
VLRC
An indépendant, government funded organisation, established to develop law reform and to monitor and coordinate law reform activity in Vic
Influencing change
Petitions
Demonstrations
Media
petitions
formal collection of written signatures which request the government for action in relation to a particular law. Signatures equal supporters.
Given to local MP
demonstrations
large group of people gathering together to demonstrate their support for a change in the law. Held to alert the govt to a need for change in the law.
media
media coverage can gauge public opinion and inform law makers of needs and changing attitudes. gain community awareness and support in alerting law makers from media
Legislative process
Scrutiny
Initiating
Problems
Initiating
-GOVT DEPT
Reviews the laws in operation and the need for change
-PARLIAMENTARY COMMITTEES
investigate matters through input from public and report back to parliament
-CABINET AND MINISTERS
decide on which laws need to be changed
Drafting
Parliamentary counsel (lawyer with responsibility to draft the proposed legislation)
- examine and analyse instructions given by cabinet
- examine constitutional, legal and other implications of the policy
- discuss the proposals with relevant govt dept
- -decide how it can be implemented
- prepare a draft
- send to govt dept for consideration
- send copies to cabinet for info and comment
- ensure it is legally effective
Scrutiny
federal and state
Senate: Standing committee for selection of bills and the senate standing committee on legal and constitutional affairs.
HOR: Selection committee
VIC: scrutiny of acts and regulations committee (both houses)
problems
- impossible to foresee future circumstances
- meaning of words change over time
- loop holes or omissions due to poor communication
- cover all situations difficulty
- mistakes can be made with technical terms
- proposed law may be in conflict with existing one
- time constraints
processes used by VLRC
- undertake initial research and consult with experts
- publish an issue or discussion paper
- invite and consider written submissions (m.o.p, legal bodies etc)
- undertake consultation with relevant groups or individuals.
- ask experts to research further into area
- publish a report with recommendations
- table the final report in the Vic Parliament
Parliament STRENGTHS
- primary role to make laws
- elected and responsible to the people
- investigate topic and make comprehensive law
- access to expert information
- provides for an arena for debate
- compatibile with human rights
Parliament WEAKNESSES
- not always sitting
- conflicting views in society
- investigations are time consuming
- lengthy and expensive research
- oppposition to a bill can lead to it being considerably watered down and passed lengthily
- can be passed not in accordance with human rights
