The Commonwealth Parliament (VCE SSCE Legal Studies): Revision Notes
The Commonwealth Parliament
Structure of the Commonwealth Parliament
The Parliament of Australia, also known as the Commonwealth Parliament or federal parliament, is made up of three distinct parts that work together in the law-making process. These three components are the King (represented by the Governor-General of Australia), the Senate (upper house), and the House of Representatives (lower house).
The bicameral structure (having two houses) serves an important purpose in Australia's democratic system. By dividing parliamentary power between two separate houses, the system ensures that no single group holds complete control over law-making. This creates a system of checks and balances where both houses must consider and approve legislation before it becomes law.
Key term: The Governor-General is the King's representative at the Commonwealth level, performing constitutional duties including giving royal assent to bills.
The Commonwealth Parliament performs two fundamental roles:
- Making laws for Australia on matters within its constitutional powers
- Representing the people of Australia through elected members
The House of Representatives
Composition and election
The House of Representatives is the lower house of Parliament and consists of 151 members. Each member represents one of Australia's 151 electorates, which are geographical areas containing roughly equal numbers of voters. This structure is why the House of Representatives is often called "the people's house" – each member directly represents the voters in their local area.
Members of the House of Representatives are elected through federal elections, which are held every three years. In Australia, voting is compulsory for all eligible citizens. To vote, a person must be at least 18 years old and registered on the national electoral roll.
Key term: A political party is an organisation that represents people with shared values and ideas, aiming to have its members elected to parliament.
Government formation
The political party (or coalition of parties) that wins the majority of seats in the House of Representatives forms the government. This is why the House is also known as "the house of government". The leader of the winning party becomes the Prime Minister of Australia.
Key term: A coalition is an alliance of two or more political parties that join together, usually to form government.
Once in power, the Prime Minister appoints government ministers to manage specific policy areas called portfolios. These portfolios include important areas such as health, education, defence, and treasury. Most ministers are members of the House of Representatives, giving them direct accountability to the people's house.
Key term: A minister is a member of parliament from the governing party who is responsible for a particular area of government policy and administration.
The party with the second-highest number of elected members becomes the opposition. The opposition serves as an "alternative government" and plays a crucial role in parliamentary democracy by questioning government decisions and holding them accountable. The opposition leader appoints shadow ministers who monitor and scrutinise the work of corresponding government ministers.
Key term: The opposition is the political party holding the second-largest number of seats in the lower house. They question government policy and hold the government accountable.
Roles of the House of Representatives in law-making
The House of Representatives performs six key functions in the law-making process:
1. Initiate and make laws
The primary function of the House of Representatives is to initiate and pass new legislation. Most bills (proposed laws) begin their parliamentary journey in the lower house because government ministers, who usually sit there, introduce bills that reflect government policy.
Key term: A bill is a proposed law presented to parliament. It becomes an Act of Parliament (or statute) once it passes through all formal stages, including royal assent.
Any member of parliament can introduce a bill, but most legislation comes from government ministers acting on Cabinet decisions. When a member who is not a minister introduces a bill, this is called a private member's bill, and it typically does not reflect official government policy.
Key terms:
- Cabinet is the group of senior ministers, led by the Prime Minister, who decide which bills should be introduced to parliament.
- A private member's bill is legislation introduced by a member of parliament who is not a government minister.
The law-making process is lengthy and deliberate. Bills are debated extensively, scrutinised by parliamentary committees, and may be amended before passing. This ensures thorough consideration of how proposed laws will affect Australian society.
Key term: A parliamentary committee is a small group of members from various parties who investigate specific issues and report their findings to parliament.
2. Determine the government
After each federal election, whichever party wins the majority of House of Representatives seats forms the government. In cases where no party wins an outright majority (called a hung parliament), the party that can secure support from independents or minor parties may form government.
Key term: A hung parliament occurs when no party wins a majority of lower house seats after an election.
Because most legislation originates in the lower house through government ministers, the bills introduced reflect the government's policy platform and electoral mandates.
3. Act as a house of review
When bills are initiated in the Senate, the House of Representatives becomes the second house to consider the legislation. In this capacity, it acts as a house of review, examining bills that have already passed through the upper house. If the House of Representatives passes the bill, it proceeds to the Governor-General for royal assent and becomes law on a specified date.
4. Control government expenditure
Both houses must approve any bill before the government can collect taxes or spend public money. However, only the House of Representatives can introduce money bills (also called appropriation bills). These are bills that impose taxes or authorise government spending.
Key term: A money bill is a proposed law that imposes taxes and collects revenue, or authorises government expenditure.
This power reflects the principle that those who directly represent the people should control how public money is raised and spent. This is a fundamental feature of democratic accountability in the Australian system.
5. Represent the people
The House of Representatives upholds the principle of representative government. Members are elected by and answerable to their local constituents, giving them authority to act on behalf of the people.
Key term: Representative government is a political system where people elect members of parliament to represent them in government.
This means that proposed laws should reflect the views, values, and interests of the majority of voters in each electorate. Members are expected to consider their constituents' needs when debating and voting on legislation.
6. Scrutinise government administration
The House of Representatives holds the government accountable through the principle of responsible government. Ministers must be members of parliament and answer for their decisions, policies, and actions to the parliament and ultimately to the people.
Key term: Responsible government is a legal principle requiring the government to be answerable to elected representatives and to maintain the confidence of the majority of the lower house.
One important mechanism for accountability is question time, a designated period when members can ask ministers questions about their portfolios and legislative responsibilities. Parliamentary committees also investigate and scrutinise government decisions, policies, and expenditure.
The Senate
Composition and election
The Senate, Australia's upper house, consists of 76 elected members called senators. Unlike the House of Representatives, Senate representation is equal for all states regardless of population – each of Australia's six states elects 12 senators, while each mainland territory elects 2 senators.
This equal representation is why the Senate is called "the states' house". The structure protects the interests of smaller states by ensuring they have the same voting power as larger states in the upper house.
Senators serve six-year terms, with half the Senate facing election every three years. The changeover of newly elected senators occurs on 1 July following a general election. This staggered system provides continuity and stability in the Senate.
Roles of the Senate in law-making
The Senate's law-making powers are nearly equal to those of the House of Representatives, with some important exceptions regarding money bills. The Senate performs four main functions:
1. Act as a house of review
The Senate's most important role is acting as a house of review. Because most bills originate in the House of Representatives, the Senate is usually the second house to consider proposed legislation.
The Senate may respond to bills in several ways:
- Pass the bill without changes
- Pass it with amendments
- Request amendments (for money bills, which it cannot amend directly)
- Reject the bill entirely
The Senate also has the power to insist on changes before agreeing to pass legislation. This makes the Senate a crucial check on government power in law-making, particularly when the government does not control a majority of Senate seats.
2. Allow for equal representation of the states
When the Australian Constitution was being drafted in the 1890s, the colonies (which became states at Federation) were concerned about surrendering too much power to a central government. Smaller colonies particularly feared that larger, more populous colonies would dominate the new Commonwealth Parliament.
Section 7 of the Constitution addressed these concerns by providing equal Senate representation for all states, regardless of size or population. This design protects state interests, especially those of smaller states, ensuring they have an equal voice in federal law-making.
3. Initiate bills
Like the House of Representatives, the Senate can initiate bills – with one important exception. The Senate cannot initiate money bills, as the Constitution reserves this power for the House of Representatives.
While most bills begin in the lower house, bills may be introduced in the Senate when, for example, the responsible minister is a senator rather than a member of the House of Representatives.
4. Scrutinise bills and government administration
The Senate operates an extensive committee system that scrutinises proposed legislation and investigates government activities, policies, and spending.
Key term: The committee system involves separate working parties that investigate legal, social, and political issues and report to parliament about potential law reform needs.
One important committee is the Senate Standing Committee for the Scrutiny of Bills, which assesses how legislative proposals would affect individual rights, freedoms, obligations, and the rule of law.
Key term: The rule of law is the principle that everyone in society is bound by and must obey the law, and that laws should be fair and clear so people are willing and able to comply.
Senators also use question time to question government ministers about their administration and policy decisions, providing another mechanism for accountability.
Case study: Balance of power and the Treasury Laws Amendment (Energy Price Relief Plan) Act 2022
Real-World Example: The Senate as a Check on Government Power
This case study demonstrates how the Senate acts as a check on government power, particularly when the government lacks a Senate majority.
Background
In 2022, global energy prices increased dramatically due to various factors, including disruptions to energy supply caused by Russia's invasion of Ukraine. Australian households and businesses faced significant financial pressure from rising gas prices.
The Commonwealth Parliament passed the Treasury Laws Amendment (Energy Price Relief Plan) Act 2022 (Cth), which introduced temporary limits on wholesale gas prices in certain circumstances.
The role of crossbenchers
At the time, the Australian Labor Party (ALP) government held a majority in the House of Representatives but not in the Senate. Instead, minor parties (including the Australian Greens) and one independent senator (David Pocock) held the balance of power in the Senate.
Key terms:
- Independents are candidates or elected members who do not belong to any political party.
- The balance of power exists when no single party has a Senate majority, meaning a small number of people (minor party members and independents) can determine whether bills pass or fail.
- Crossbenchers are members of parliament who are neither government nor opposition members (independents or minor party members). They sit on the "crossbench" – separate seating provided in parliament.
Because all bills require majority support in both houses to become law, the government needed support from either the opposition (Liberal-National Coalition) or the crossbenchers.
The outcome
The Australian Greens agreed to support the legislation, but only in exchange for the government developing a financial assistance package to help households transition away from gas appliances. Senator David Pocock also agreed to support the bill. With this crossbench support secured, the government did not need opposition backing, and the bill passed into law.
Significance for law-making
This case study illustrates several important principles:
- The Senate can act as a powerful check on government, even when the government controls the House of Representatives
- When the government lacks a Senate majority, it must negotiate with crossbenchers or the opposition to pass legislation
- Crossbenchers can extract policy concessions from the government in exchange for their support
- The bicameral system ensures that proposed laws face thorough scrutiny and may be modified to gain broader support
Exam guidance
Critical Exam Strategies
When answering questions about the Commonwealth Parliament, consider these key points:
For "outline" or "describe" questions:
- Clearly explain the structure (three parts) and composition of each house
- Focus on the specific roles each house plays in law-making
- Use accurate terminology and explain what key terms mean
For "explain" questions:
- Go beyond description to show how and why the system works as it does
- Link structural features to their purposes (e.g., why equal state representation matters)
- Use connecting phrases like "this means that..." or "as a result..."
For "analyse" or "evaluate" questions:
- Consider strengths and weaknesses of the bicameral system
- Discuss how the balance of power affects law-making effectiveness
- Use case studies (like the Treasury Laws Amendment Act 2022) to support your arguments
- Consider different perspectives (e.g., government vs opposition vs crossbenchers)
Common exam traps to avoid:
- Don't confuse the House of Representatives with the Senate
- Remember that the Senate cannot initiate or amend money bills (but can request amendments)
- Understand the difference between representative government (people elect representatives) and responsible government (government accountable to parliament)
- Don't forget that both houses must pass bills in identical form
Remember!
Key Points to Remember:
Structure and Composition:
- The Commonwealth Parliament has three parts: the King (represented by the Governor-General), the Senate, and the House of Representatives
- The House of Representatives (151 members) is "the people's house" and "the house of government" – the party with the most seats forms government
- The Senate (76 senators: 12 per state, 2 per territory) is "the states' house" ensuring equal representation regardless of state population
Law-Making Process:
- Both houses must pass bills in identical form for them to become law after receiving royal assent
- The Senate acts as a crucial house of review and check on government power, especially when the government lacks a Senate majority
- Only the House of Representatives can initiate money bills, reflecting the principle of democratic accountability
Key Terms to Master: Governor-General • Political party • Coalition • Minister • Opposition • Bill • Cabinet • Private member's bill • Hung parliament • Money bill • Representative government • Responsible government • Committee system • Parliamentary committee • Rule of law • Independents • Balance of power • Crossbenchers
Critical Framework: The bicameral system creates checks and balances in law-making. When analysing parliamentary law-making powers, always consider: Who can initiate bills? Which house reviews them? What happens if houses disagree? How does the balance of power affect outcomes?