sac 1A

• the four main functions of Parliament are:

  • representing the people of Australia
  • the place where government is formed
  • parliament makes and changes law
  • parliament makes and examines the work of government and holds them accountable through question time and parliamentary committees
• we know that government is representing the people through processes like question time and parliamentary committees closely examining government's actions
• the main role of parliament is to make new laws or change existing ones. a proposal to change a law, or make a new one, is called a bill.
• the rule of law is the idea that everyone is bound by the law and that the law is such that everyone is willing to abide by it
• rule of law is demonstrated through:

  • Australian constitution acting as a check on parliament (so Parliament doesn’t have unlimited power)
  • how judges interpret the law and are free from political pressures
  • how law made by Parliament are open to public scrutiny
  • how people can influence and change laws (eg. protests)
  • how the court can be used to challenge laws made by Parliament
  • how judges are able to interpret the law made by Parliament when laws need clarification
• Parliament creates statute law, where a bill must be passed through both houses of parliament before it becomes Legislation, Statutes or Acts
• Subordinate Authorities (like VicRoads) create secondary legislation, where Parliament hands over some of its power to lower authorities, to create regulations and local laws in these specialised areas
• Courts create common law or case law, in areas of law-making where none exist or they interpret law. This is done through test cases and Statutory Interpretation, to create a new precedent
• Parliament is Australia's ultimate law-maker, and is operated as bicameral (two houses must approve a bill before it becomes law). We vote representatives into Parliament, so they are representative and responsible to the people
• A federal system means that:

  • the country is divided into states
  • each state has its own parliament which it can make certain laws about
  • there is a central authority (Commonwealth Parliament) who makes laws on matters of national interest
• we are then known as a representative democracy, meaning that we have a system where people vote to choose representatives in Parliament that will make law and govern on their behalf (ie. representing their values and beliefs)
• The Australian Constitution is a set of rules or principles according to which a state or other organisation is governed. It sets up the government, determines its powers, duties & limits. It also establishes the High Court as the highest court of appeal.
• some key features of the Constitution

  • establishes the Commonwealth Parliament and how it should be composed (House of Reps & Senate)
  • establishes the High Court of Australia and gives it the power to interpret the Constitution
  • clarifies the law making rights of the states
  • helps uphold the division of powers by clearly setting out what the Commonwealth Parliament has the right to legislate on
  • provides a mechanism by which it can be changed (a referendum)
  • protections (checks) are outlined, ensuring government operates in a way consistent with our democracy
• The division of powers is where the constitution (when first established) had to specify which law-making powers were given to the Commonwealth Parliament, and which powers should remain with the states
• The division of law-making powers were separated into 3 groups:

  • residual powers : law-making powers retained by the states (Commonwealth has no authority to make laws on these topics)
  • exclusive powers : law-making powers held only by the Commonwealth (states cannot make laws on these topics)
  • concurrent powers : law-making powers shared by the Commonwealth and States (section 51)
• Exclusive powers are powers that only the Commonwealth have, that apply to all of Australia. Examples include currency, defence and immigration laws
• Concurrent powers are powers that the Commonwealth and States share, so both can make laws in these areas. Examples include marriage, tax and postal laws.
• Residual powers are powers that were not written in the Constitution, so were given to the States (Commonwealth had no jurisdiction). Examples include criminal law, education and road laws
• Section 96 of the Constitution allows the Cth Plt to grant financial assistance to a state as the Plt sees fit. The provision of funding by Plt under this section is known as a ‘tied grant’: funding given with conditions attached. A tied grant allows the Plt to influence law-making in an area of residual power by dictating how the money should be spent. For example, the Cth may grant money to Victoria on the condition that it be spent on curriculum development. This enables the Cth to influence the development of Education in Victoria, even though education is an area of residual power.
• Section 109 of the Constitution resolves inconsistencies between State and Commonwealth laws. Where concurrent law-making powers are exercised by both Commonwealth and one or more States, the Commonwealth legislation will "prevail to the extent of the inconsistency"
• Section 109 of the Constitution will prevail only to the extent of the inconsistency, so the rest of the law remains valid AND it is only invalidated if the Commonwealth challenges the legislation that is inconsistent
• Section 109


  Solves disputes between State and Commonwealth Parliaments with a consistent and predictable approach (for concurrent law-making powers, Section 109 empowers Commonwealth Parliament)
• Section 109


  • Acts as a restriction on state law-making powers (as States are aware of this restriction, they will typically not make laws to contradict Commonwealth law)
  • The inconsistency must also be challenged and decided by the court, to be ruled invalid
  • The rest of the state law will remain valid, it will only invalidate the part where there is an inconsistency
  • If the Commonwealth law changes or is abrogated, then the state law will continue to be in force
  • Does not impact states' residual powers, so they still have a very large scope of powers
• The Tasmanian Dams Case was where Tasmanian Plt passed a law to set up a hydroelectric power scheme & Franklin Dam. Cth Plt passed a law in response, blocking the construction of the dam. Tasmania argued the Cth law was unconstitutional, as it was in a residual area that they did not have jurisdiction in. Cth felt they were exercising their powers under external affairs. The High Court ruled in favour of the Cth Plt
• The reason behind the Tasmanian Dams Case was that the Cth's legislation upheld its obligation under their external affairs area, as the area in Tasmania was declared world heritage (World Heritage Convention)
• The impact of the Tasmanian Dams Case was that Cth can now make laws on any area in their international treaty (that has been signed by Australia). Also, in line with Section 109, the Cth can now encroach on residual areas of law-making powers when they sign international treaties
• the role of the House of Representatives

  • initiates bills and makes law
  • determines the party to form government
  • represents the people
  • scrutinises government administration
  • controls government expenditure
  • acts as a house of review
• the role of the Senate

  • acts as a house of review
  • ensures equal representation of states and territories
  • scrutinise bills and government administration
  • initiate bills
• the role of Legislative Assembly

  • initiate and pass bills
  • determine the party to form government
  • scrutinise government administration
  • represent the people
  • act as a house of review
  • control government expenditure
• the role of Legislative Council

  • act as a house of review
  • scrutinise government administration
  • initiate bills
• term of office for the House of Representatives is 3 years
• term of office for the Senate is 6 years, with half of the Senate retiring every 3 years
• term of office for the Legislative Assembly is 4 years
• term of office for the Legislative Council is 4 years
• main roles of the Crown in law-making

  • granting royal assent
  • withholding royal assent
  • appointing Executive Council
• strengths of a bicameral Parliament

  • two houses allows for scrutiny of all bills by a second house (helps identify errors or omissions in bills)
  • if government holds slim majority or minority in lower house, extra debate likely in lower house, ensuring representative legislation
  • a senate with large cross benchers/opposition will review bills very carefully (ensuring accurate and representative legislation)
  • Commonwealth Parliament must be bicameral according to the Constitution (the existence of two houses is protected and can only be changed through the process of a referendum)
• Weaknesses of a bicameral Parliament


  • If government holds majority in both houses, the upper house is unlikely to fully scrutinise bills (representatives tend to vote along party lines)
  • Almost impossible to pass legislation without the Federal Government's support (less scrutiny occurs in the House of Reps due to the majority)
  • Minority in lower house can mean reforms are stalled as passage of bills subject to intense negotiation with independents and minor parties
  • Law-making can be stalled or significant compromises may need to be made in order to pass bills causing delays & may not reflect will of majority of voters (hostile senate)
  • Constitution does not specify that all State Parliaments must be bicameral (which means that the bicameral system isn't protected)
• Parliament does not have many sitting days, and legislation can only be passed when they are in session.

  • instead they spend time in the community remaining up to date with community needs
  • they also have parliamentary committees, where members do research and hold meetings
  • to support, secondary legislation/delegated legislation can be used so that law making can continue in particular areas
  • useful when regulations and orders need to be made quickly
• sources of international pressure:

  • local activists who organise petitions and protests for change
  • international activists (eg. Greta Thunberg)
  • other countries governments
  • the UN or UN councils
  • non-government organisations (NGO’s) like Amnesty International
  • transnational corporations (eg. Meta, Google, etc)
• impact of international pressures (explain)

  • Australia plays a key role in addressing global concerns, so is often a signatory to treaties
  • as an active participant in the global community, Australia can be subject to international pressures to change/not change the law
  • come from international sources, such as the UN and Amnesty International, or from local sources such as individuals and local bodies and organisations