Flashcards in Chapter 2 - Law-Making Through Parliament Deck (30)
Abolish; law made through the courts can be cancelled by an Act of parliament if the Act specifically states that it abolishes the law made by the courts.
The policy-making body of the government, made up of senior ministers and the prime minister (federal) or premier (state).
Rules and regulations made by subordinate authorities
An Act of parliament or a set of Acts.
Making requests to politicians or groups for their assistance in trying to influence a change in the law
A group of people who have a common interest in trying to influence changes in the law
Scrutiny of Acts and Regulations Committee
A Victorian joint investigatory committee that looks at new Bills as they make their passage through the Victorian Parliament.
Senate Scrutiny of Bills Committee
A Senate committee that is responsible for examining all Bills that come before the Commonwealth Parliament
Law made by parliament, also known as legislation
Bodies to whom parliament delegates law- making powers
Terms of reference
Instructions given to an organisation (for example, a law reform body) setting out the parameters within which an investigation will operate
Reasons laws may need to change
• changing values in society
• changes in society
• advances in technology
• greater need for protection of the community
• greater awareness of the need to protect rights
• greater demand for access to the law
• encouraging changes in values in society
Methods used by individuals and groups to influence change in the law
A formal, written request to the government for action in relation to a particular law that is considered outdated or unjust. It usually has a collection of signatures on it, which have been gathered from supporters. A petition is forwarded to a local member of parliament to present at the next sitting of parliament.
Demonstration (AKA protest or rally)
Held to alert the government to the need for a change in the law. To be successful, a large group of people must show their support for the change in the law and attend the demonstration. Aim to bring an issue to the attention of the community and the law-makers with the objective of influencing a change in the law.
Important in influencing changes in the law. Without media coverage the law-makers would not be able to gauge public opinion, and individuals would not be able to inform the law-makers of changes in attitudes and needs in society. If demonstrations and petitions are to have any impact, media coverage is required in order to gain community awareness and alert law-makers to the need for a change in the law.
Formal law reform bodies
Organisations that are employed by the state and Commonwealth governments to inform them of changes in society that may require a change in the law. Aim to give impartial advice and make recommendations that are practical and able to be implemented.
Victorian Law Reform Commission (VLRC)
An independent, government-funded organisation. Established to investigate areas of law in which the government feels there is a need for reform and to monitor and coordinate law reform activity in Victoria.
Before a law is introduced into parliament
Policy development and preparation of a draft Bill
Progress of a Bill through its original house
1. Introduction and first reading
2. Second reading
3. Committee stage - consideration in detail
4. Third reading
Progress of a Bill through its second house
Same procedure as original house
Any amendments must be communicated to the original house
Amendments must be approved by both houses before Bill can become law
After the Bill passes through both houses
2. Royal Assent
Introduction and first reading
Minister who wants to introduce Bill gives notice of intention
Minister reads title of Bill
Copies of Bill + explanatory notes circulated to all members of house
(Introduction and first reading are separate stages in Commonwealth)
Statement of compatibility is considered
Purpose of the Bill (includes explanatory memorandum + adjournment + debate + vote)
Scrutiny (by Scrutiny of Acts and Regulations Committee)
Committee stage - consideration in detail
(Stage may be eliminated if house unanimously agrees)
Process of committee of whole house (speaker / president leaves house, Bill is discussed in detail, amendments most likely made at this stage)
Adoption of committee report - speaker/president returns to chair and asks parliament to accept the committee's report
Long title of Bill is read
There is further debate if necessary
Bill is voted on its final form
Clerk of parliament certifies Bill
Governor / g-g signs the Bill, gives royal assent