Petitions (VCE SSCE Legal Studies): Revision Notes
Petitions
Introduction
While parliament has internal mechanisms to monitor and implement law reform—such as MPs consulting with their constituents to gauge community values—there are times when individuals and groups feel the need to actively influence legislative change. This may occur when parliament has not responded to calls for reform, or when a new issue emerges that requires parliamentary attention.
Individuals and groups can influence law reform through various methods, including petitions, demonstrations, and strategic use of the courts. Petitions are one of the most direct and accessible methods available.
What is a petition?
A petition is a formal, written request to parliament asking it to take specific action or implement law reform. This action might include introducing new legislation, amending existing laws, or addressing a particular policy matter or complaint.
Petitions are the only way an individual can directly present concerns or complaints to parliament. They provide a formal channel for citizens to make their voices heard on issues they believe require parliamentary action.
Types of petitions
Petitions can take two main forms:
- Paper petitions: Traditional physical documents with handwritten signatures
- E-petitions: Electronic petitions created and signed online through official parliamentary websites
Only e-petitions created directly on a parliament's official website can be formally tabled in parliament. Petitions created on platforms like Change.org, while useful for raising awareness, cannot be directly presented to parliament through official channels.
Petition rules and requirements
For a petition to be accepted and considered by parliament, it must adhere to specific format requirements. These requirements vary between the Commonwealth Parliament and state or territory parliaments, and between different houses of parliament.
Common requirements
Most petitions must meet the following criteria:
- Addressed to the correct house: The petition must be addressed to the specific house of parliament where it will be presented
- Clear statement of action: The petition must clearly state what action is being requested (such as the desired law reform) and provide reasons for the request
- Word limits: Some parliaments impose word limits (for example, the House of Representatives has a 250-word limit)
- Principal petitioner details: The petition must include contact details for the principal petitioner (the person who initiates or organises the petition)
- Legibility and respectful language: The petition must be legible and free from offensive or disrespectful language
- Minimum signatures: At least one signature is required
- Original document: Paper petitions must be original documents, not photocopies
- Official e-petition platform: E-petitions must be created using the parliament's official e-petition system
Historical Context: The Yolngu Petition
One famous example is the Yolngu petition of 1963, presented to the Commonwealth Parliament on bark paintings. Submitted on behalf of the Yolngu people of Yirrkala, Northern Territory, it sought to protect traditional land from mining operations. Parliament responded by establishing a select committee to investigate the matter.
The petition process
House of Representatives (Commonwealth Parliament)
The process for e-petitions in the House of Representatives follows several stages:
- Creation: The e-petition is created online using the official parliamentary website
- Certification: If the petition meets all requirements, it is certified by the relevant committee
- Signature collection: Signatures are collected online for a four-week period
- Presentation: The petition is presented to the House of Representatives. A member of parliament may present it on behalf of the principal petitioner
- Recording: Once presented, the petition becomes part of parliament's official records
- Referral: The petition is referred to the relevant minister for a response
- Committee review: The minister's response is reviewed by the House Standing Committee on Petitions
- Final presentation: The response is presented to the House of Representatives
Victorian Parliament
In the Victorian Parliament, the process differs:
- All petitions (both paper and electronic) must be sponsored by a member of parliament
- The sponsoring MP tables the petition in parliament, which means it is officially recorded and becomes part of the public record
- The requirement for MP sponsorship means petitioners must find a willing member of parliament to present their petition
Examples of petitions
Example: Climate Emergency Petition (2019)
Purpose: Requested the House of Representatives declare a climate emergency and introduce legislation to reduce human-made climate change
Key Details:
- Tabled by independent MP Zali Steggall
- One of the largest petitions presented to the House of Representatives
- Received 404,538 signatures in four weeks
- Principal petitioner Noah Bell (23-year-old Australian citizen) spoke at a press conference when presenting the petition
- The Minister for Energy and Emissions Reduction responded by outlining the government's emissions reduction plan
Example: Media Diversity Royal Commission Petition (2020)
Purpose: Called for a Royal Commission to investigate media diversity in Australia
Key Details:
- Created by former Prime Minister Kevin Rudd
- Raised concerns about lack of diversity and independence in Australian media
- Argued that concentrated media ownership (two organisations controlling much of print media) enables potentially inaccurate and politically biased reporting
- At the time of tabling, it was the largest e-petition and third largest petition ever presented to the Commonwealth Parliament
- Received over 500,000 signatures
- Tabled by ALP member Andrew Leigh
- While a Royal Commission was not established, a parliamentary inquiry was set up in November 2020 to investigate media diversity, independence and reliability
Example: Raise the Age Campaign (2022)
Purpose: Pressured Commonwealth, state and territory governments to raise the age of criminal responsibility from 10 to 14 years
Key Details:
- Part of a national #raisetheage campaign by First Nations organisations and legal/human rights groups
- By July 2022, over 211,000 people had signed, including 65,799 Victorians
- Not created on the Victorian Parliament's official website, so could not be directly tabled
- Received by former Legislative Council member Fiona Patten, who used it to generate media interest and raise the issue during parliamentary question time
Effectiveness of petitions
The ability of a petition to influence law reform depends on multiple factors. Understanding both the strengths and limitations of petitions is essential when evaluating their effectiveness as a law reform tool.
Factors affecting effectiveness
Several key factors determine whether a petition will successfully influence law reform:
Number of signatures: A petition with many signatures appears more representative of community views and indicates strong public support. This is important because of the principle of representative government, where elected MPs are expected to make laws reflecting the views and values of the majority. Conversely, petitions with very few signatures may not attract sufficient attention given the hundreds of petitions parliament receives annually.
Profile and passion of the presenting MP: The influence and commitment of the member of parliament who presents the petition can significantly impact its effectiveness.
Additional pressure: Petitions supported by effective media campaigns or other forms of community pressure are more likely to succeed.
Platform used: Only e-petitions created on official parliamentary websites can be formally tabled. This limits the effectiveness of petitions created on other platforms, regardless of how many signatures they receive.
Strengths of petitions
Petitions offer several important advantages as a law reform tool:
- Direct communication channel: Petitions provide a formal, direct way for individuals to communicate their desire for law reform to parliament
- Accessibility: Petitions are relatively simple, easy and inexpensive to create and sign. E-petitions are particularly accessible
- Demonstrates community support: Petitions with many signatures show strong community backing for proposed reforms. MPs seeking to represent majority views are more likely to consider well-supported petitions
- Raises public awareness: The process of creating a petition and gathering signatures generates public awareness of issues and builds support for legislative change
- Creates momentum: Even if initially unsuccessful, tabling a petition can gain the attention of other MPs and the media, potentially generating further community support
- Official record: Once presented, petitions become part of parliament's official records, ensuring the issue is formally documented
MPs operating under the principle of representative government are more inclined to support law reforms that align with majority community views. This means well-supported petitions with many signatures are more likely to receive serious parliamentary consideration.
Limitations of petitions
Despite their strengths, petitions face several significant limitations:
- Privacy concerns: Some individuals support reforms but are reluctant to provide personal information (name, address, email) on petitions
- Strict rules: Petitions must adhere to specific requirements (word limits, format, etc.). Petitions failing to meet these rules will not be accepted or presented
- Dependency on MPs: In the Victorian Parliament, petitions require an MP willing to sponsor and table them. The petition's impact may depend on which MP presents it and their influence within parliament
- No guarantee of reform: Parliaments receive hundreds of petitions annually, but there is no obligation to implement the requested changes
- Limited media attention: Many petitions receive little public or media attention after tabling, especially without additional community pressure. This means valuable reform requests may be overlooked
- Competing petitions: Opposing petitions or multiple petitions on the same topic can dilute the impact of any single petition
- Platform restrictions: E-petitions created on non-parliamentary websites cannot be officially tabled, reducing their formal impact
While petitions are an accessible and democratic tool for law reform, they face significant challenges. There is no guarantee that parliament will act on a petition's request, and the effectiveness of a petition often depends on factors beyond the petitioners' control, such as finding a willing MP sponsor and generating sufficient media attention.
Remember!
Key Points to Remember:
What Petitions Are:
- Petitions are formal written requests to parliament asking for specific action or law reform, providing the only direct way for individuals to present concerns to parliament
- Two types exist: paper petitions and e-petitions (only those created on official parliamentary websites can be formally tabled)
Requirements:
- Petitions must meet strict requirements including being addressed to the correct house, clearly stating requested action, including principal petitioner details, and meeting word limits
- All petitions require at least one signature and must use respectful language
Process:
- In the House of Representatives, petitions go through certification, signature collection, presentation, and ministerial response
- In Victorian Parliament, petitions must be sponsored by an MP who tables them
Effectiveness:
- Success depends on the number of signatures, MP support, media attention, and additional community pressure
- Strengths include accessibility, direct communication with parliament, and ability to demonstrate community support
- Limitations include strict rules, no guarantee of reform, privacy concerns, and dependency on MP sponsorship
Key Terms:
- Petition: A formal, written request to parliament to take action or implement law reform
- Principal petitioner: The person who initiates or organises a petition (details must be provided)
- Representative government: A political system where elected MPs represent the people in government
- Tabling: Officially recording a petition in parliament, making it part of the public record