Anaya Nolan
In Australia, the law-making process involves various entities and levels of government. The Australian Parliament plays a central role in creating laws, with Senate and House committees scrutinising bills, seeking feedback from Australians, and making recommendations. Additionally, the Joint Committee on Human Rights examines all bills to ensure compliance with Australia's human rights commitments. Beyond Parliament, ideas for laws can originate from different sources, and 'delegated legislation' empowers government departments, local councils, public authorities, and authorised public servants to create laws within the framework of broader guidelines set by Acts. Judge-made law, or common law, also influences the legal landscape, as judges' decisions in court shape precedents that guide future rulings.
| Characteristics | Values |
|---|---|
| Scope | Victorian Acts apply to people living in Victoria and to courts and judges in Victoria. Commonwealth Acts apply to the whole of Australia and to federal courts and judges. |
| Creation | Some Acts may outline broad guidelines or principles but leave the details to be defined in regulations, rules, or local laws. This is known as "delegated legislation" and may be made by government departments, local councils, public authorities, or authorized public servants. |
| Scrutiny | Senate and House committees can investigate bills, seek feedback from Australians, and make recommendations. All bills introduced into Parliament are checked by the Joint Committee on Human Rights to ensure the bills meet Australia's human rights commitments. |
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What You'll Learn
Acts of Parliament
In Australia, Acts of Parliament and common law are the two ways in which laws are created. Acts of Parliament, also known as Commonwealth Acts, are laws that apply across Australia and to federal courts and judges. These Acts can outline broad guidelines and principles, but may leave the specifics to be defined through delegated legislation. Delegated legislation is created by government departments, local councils, public authorities, or authorised public servants. It is important to note that all bills introduced in Parliament are scrutinised by committees to ensure they meet Australia's human rights commitments.
The process of creating Acts of Parliament typically involves the introduction of a bill, which is then closely examined and scrutinised by Senate and House committees. These committees play a crucial role in investigating the bill, seeking feedback from Australians, and making informed recommendations. By doing so, they ensure that the proposed legislation aligns with the needs and values of the Australian people.
One example of a Commonwealth Act is the Australia Act 1986, which plays a significant role in defining the country's system of government and the powers of its states and territories. This Act establishes the legislative independence of Australia, ensuring that the country's laws are made by the Australian Parliament without the need for approval from the UK Parliament.
In contrast to Commonwealth Acts, there are also Victorian Acts, which apply specifically to people living in Victoria, as well as to courts and judges within that state. While Victorian Acts focus on state-specific matters, Commonwealth Acts address issues that impact the entire nation.
The law-making process in Australia's Parliament involves various stages, including the introduction of bills, their scrutiny by committees, and ultimately their passage into law. This process ensures that the laws created are reflective of the needs and values of the Australian people and are in line with the country's human rights commitments.
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Common law
Australia's legal system is based on common law, which was introduced during the colonisation of Australia by the British. The common law of Australia originated from the laws of England, which had evolved over centuries with the common law emerging following the 1200s.
By 1824, a court system modelled on the English legal system was established in Australia through Acts of the British Parliament. The New South Wales Act 1823 provided for the establishment of a Supreme Court with the power to handle all criminal and civil matters. This was followed by the Australian Courts Act 1828, which ensured that all English common and statute law up to that date would be applied in New South Wales and Tasmania, and later in Victoria and Queensland when they became separate colonies.
The reception of English law in Western Australia was deemed to have occurred on June 1, 1829, and in South Australia on December 28, 1836. Despite the presence of Indigenous Australians and their own customary laws, the British colonisers declared Australia as "settled" rather than "conquered," imposing English law on the new colony.
The High Court of Australia is the apex court in the country, with the final say on the judicial determination of all legal matters. It hears appeals from lower courts and holds original jurisdiction.
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Senate and House committees
The committees are responsible for scrutinising bills, seeking feedback from Australians, and making recommendations. All bills introduced in Parliament are reviewed by the Joint Committee on Human Rights to ensure compliance with Australia's human rights commitments. The Scrutiny of Bills Committee, established in 1982, assesses legislative proposals against a set of accountability standards focusing on individual rights, liberties, and obligations.
The standing committees consist of pairs of committees: legislation committees and references committees. Legislation committees scrutinise bills referred to them, examine the government's budget and activities, and review departmental annual reports. The references committees conduct inquiries into topics referred to them by the chamber. Select committees, on the other hand, are temporary and address specific issues, such as examining the Administration of Indigenous Affairs and Mental Health.
Committee inquiries typically begin with the reference of an issue or proposed law, and committees may hold public hearings, publish submissions, and record evidence. This accessibility enhances democratic engagement by providing opportunities for disadvantaged individuals and organisations to participate in the process. The committees' ability to examine the budget and their involvement in the law-making process contribute to their significant role in Australia's parliamentary system.
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Federal vs state laws
In Australia, the Federal or Commonwealth Government is responsible for national affairs as outlined in the Australian Constitution. This includes defence, foreign affairs, trade, immigration, telecommunications, and most social services and pensions. The Federal Government is also involved in health, education, environmental issues, and industrial relations, primarily through funding.
The States, on the other hand, are responsible for everything not explicitly listed as a Federal responsibility. This includes schools, hospitals, conservation, roads, public transport, agriculture, police, and emergency services. Local governments, which are controlled by Acts of State Parliament, handle matters such as building regulations, local roads, parks, libraries, and community services.
While the Federal Government is more well-known, it is the State and Local Governments that often handle the issues that directly impact people's everyday lives. The law-making process in Australia involves scrutiny and examination of bills by Senate and House committees, who seek feedback from Australians and make recommendations. This ensures that any legislation introduced respects human rights and aligns with Australia's commitments.
The responsibilities of the Federal and State Governments sometimes overlap. For example, the Federal Government may be involved in funding for health or education, while the States manage the day-to-day operations of hospitals and schools. This collaborative approach ensures that both levels of government can address the needs of their citizens effectively.
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Scrutinising bills
The Scrutiny of Acts and Regulations Committee examines all bills presented to Parliament and publishes its findings in a report called the Alert Digest. This committee follows the principles of non-partisan legislative scrutiny, refraining from commenting on the policy aspects of legislation. Instead, it alerts Parliament to the use of specific legislative practices, allowing Parliament to consider their necessity, appropriateness, and desirability.
The Parliamentary Committees Act 2003 outlines the functions of committees, which include considering any bill introduced into the Council or Assembly and reporting to Parliament on whether the bill directly or indirectly repeals, alters, or varies the Constitution Act 1975 or raises issues regarding the jurisdiction of the Supreme Court.
Through this rigorous process of scrutiny, Australia ensures that its laws are thoroughly examined, and the human rights and values of its citizens are upheld. This process also provides an opportunity for public engagement, allowing Australians to have a say in the laws that govern them.
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Frequently asked questions
The Parliament of Australia is responsible for making laws in Australia.
There are Victorian Acts that apply to people living in Victoria and to courts and judges in the state. Commonwealth Acts apply to the whole of Australia and federal courts and judges.
The law-making process involves scrutiny of bills by Senate and House committees, which can investigate, seek feedback from Australians, and make recommendations. All bills introduced must meet Australia's human rights commitments.
Delegated legislation refers to broad guidelines outlined in Acts, with the details left to be defined in regulations or rules. This can be made by government departments, local councils, public authorities, or authorised public servants.
