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The Legislative Process Example: The passage of the Crimes (Homicide) Act 2005 (Vic.) Slide 2 Types of Bills Financial Bills Budget An annual allowance for government spending over a financial year Supply The period between a budget Being introduced and passed, supply must be used to meet ongoing expenses Works and Services Expenditure for ongoing public infrastructure Increased charges - Government must also approve Increased fares and taxes Non-Financial Bills Government Bills introduced by cabinet used to introduce government policy Private members Bills Introduced without cabinet approval by a government backbencher Private Bills bills passed that only affect a small proportion of the community Slide 3 The role of legislation Remedial Legislation effectively used to fix existing laws in the light of court rulings, difficulties in applying laws, obsolescence of existing laws. This is usually done at the request of law reform bodies. Clarifying legislation used when a legal issue has risen through common law and is addressed by statute law. Financial legislation basically looking at revenue collection and income taxation. Public policy legislation an act passed by parliament that delegates power to a sub-ordinate authority (Equal opportunity legislation) in the greater communitys interest. Delegated legislation laws passed giving authority to subordinate authorities on items of expertise or local relevance. Slide 4 Impetus for Change Formal pressures from Victorian Law Reform Commission Read VLRC report on Defences to Homicide at www.lawreform.vic.go v.au completed projects Defences to Homicide www.lawreform.vic.go v.au www.lawreform.vic.go v.au Slide 5 Informal pressures for change Media attention over verdict in Ramage Case and similar cases brought about public outrage. Statements by pressure groups and womens groups such as Victorian Womens Trust, Womens Domestic Violence Crisis Service Victoria, Liberty Victoria. Submissions by individuals and groups to VLRC Petitions tabled in Victorian Parliament from individuals and groups Slide 6 The Drafting of a Bill Cabinet/political parties formulate policy on a change in the law, and decide on the content of the bill Policy is converted into a series of statements and clauses to be placed before parliament as a bill. The bill is drafted by parliamentary counsel, on the advice of the relevant member/party. Slide 7 Overview of Stages in Parliament Bill is introduced into either house of Parliament 1st House: Initiation or Introduction of bill First Reading Second Reading (speech and debate) Committee Stage/Consideration in Detail Third Reading Voting on the Bill. If it passes, then it proceeds to the second house. Slide 8 Second House: The bill goes through the same procedure as original house: Initiation and first reading Second reading Committee stage Third Reading Vote on Bill. Vote on Bill. (The bill must be passed in the same form by both houses) Certification Royal Assent Proclamation Slide 9 Example: Passage of Crimes (Homicide) Bill 2005 (Vic.) Introduction and First Reading: Bill is introduced into the Legislative Assembly on October 5 th 2005 by Attorney-General Rob Hulls. Permission is obtained to proceed with the bill. Long title of the bill is read out, and copies distributed to members of parliament. See: Hansard - Legislative Assembly - 5/10/05 page 9 Hansard - Legislative Assembly - 5/10/05 Hansard - Legislative Assembly - 5/10/05 Slide 10 Crimes (Homicide) Bill 2005 (Vic.) Second Reading: On October 6 th 2005, Rob Hulls gave his Second Reading Speech, outlining the broad principles and purpose of the Bill. See: Hansard - Legislative Assembly - 6/10/05 page 69 Hansard - Legislative Assembly - 6/10/05 Hansard - Legislative Assembly - 6/10/05 Second Reading debate (26 th October): Hansard - Legislative Assembly - 26/10/05 page 80 Hansard - Legislative Assembly - 26/10/05 Hansard - Legislative Assembly - 26/10/05 Slide 11 Crimes (Homicide) Bill 2005 (Vic.) Third Reading: On 26 th October, at the completion of the Second Reading stage, the Bill passes the remaining stages. The Long Title of the Bill is read again, and it is voted that the Bill should continue to the next house. See end of Second Reading at: Hansard - Legislative Assembly - 26/10/05 page 94 Hansard - Legislative Assembly - 26/10/05 Hansard - Legislative Assembly - 26/10/05 Slide 12 Crimes (Homicide) Bill 2005 (Vic.) Second House Introduction and First Reading of Bill: Bill is introduced into the Legislative Council on October 26 th 2005 (for Justin Madden) Permission is obtained to proceed with the bill. Long title of the bill is read out, and copies distributed to members of parliament. See: Hansard - Legislative Council - 26/10/05 page 95 Hansard - Legislative Council - 26/10/05 Hansard - Legislative Council - 26/10/05 Slide 13 Crimes (Homicide) Bill 2005 (Vic.) Second Reading (Legislative Council): On October 27 th 2005, Justin Madden gave his Second Reading Speech, outlining the broad principles and purpose of the Bill. See: Hansard - Legislative Council - 27/10/05 page 24 Hansard - Legislative Council - 27/10/05 Hansard - Legislative Council - 27/10/05 Second Reading debate (15 th Nov): Hansard - Legislative Council - 15/11/05 page 67 Hansard - Legislative Council - 15/11/05 Hansard - Legislative Council - 15/11/05 Slide 14 Crimes (Homicide) Bill 2005 (Vic.) Third Reading (Legislative Council): On 15 th November, at the completion of the Second Reading stage, the Bill passes the remaining stages. The Long Title of the Bill is read again, and it is voted that the Bill should continue to the next house. See end of Second Reading at: Hansard - Legislative Council - 15/11/05 page 73 Hansard - Legislative Council - 15/11/05 Hansard - Legislative Council - 15/11/05 Slide 15 Crimes (Homicide) Bill 2005 (Vic.) Royal Assent and Proclamation: The Governor, John Landy, assented to the Bill, in the name of the Queen, on 22 nd November, 2005. Bill to take effect from 23 rd November, 2005. The new Crimes (Homicide) Act proclaimed in the Government Gazette on 24 th November, 2005. See http://www.gazette.vic.gov.au/Gazettes2005/GG2005G047.pdf page 2713 or Extract on next page. http://www.gazette.vic.gov.au/Gazettes2005/GG2005G047.pdf Slide 16 Slide 17 Crimes (Homicide) Act 2005 (Vic.) Slide 18 Review Questions 1. Distinguish between a government bill and a private members bill. In which category does the Crimes (Homicide) Bill belong to? How do you know? (2 marks) 2. Explain the purpose of the First Reading. (2 marks) 3. The Bill underwent a long Second Reading stage. Explain the purpose of this stage. To what extent was this stage effective in bringing about debate on issues in this Bill? (4 marks) Slide 19 7. Discuss three strengths of the law-making process that are illustrated through this example. (6 marks)