Unit 3 Legal Studies. Government Bills Introduced by Minister on behalf of Government E.g. Health...
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Transcript of Unit 3 Legal Studies. Government Bills Introduced by Minister on behalf of Government E.g. Health...
LAW-MAKING THROUGH PARLIAMENT
Unit 3 Legal Studies
Types of Bills Government Bills
Introduced by Minister on behalf of Government
E.g. Health Minster – bill relating to health issues
Appropriation BillsMoney Bills or Supply Bills
Govt Bill – Authorising govt to spend money it collects through tax
Private BillsIntroduced by government and only applies to one person or groupE.g. Gary David Webb – Community Protection Act
Private Members BillIntroduced by member of parliament not part of government Often controversial – abortion or euthanasiausually don’t have backing of parliament
Pressures for Change in the Law
Individuals can express views to members of Parliament
Media Signing petitions Writing to editors of newspapers Joining pressure groups Demonstrations Parliamentary committees Government Departments Changes in values, technology,
environemental conditions
Parliamentary Committees
Q 1. Why do Parliamentary Committees exist? (page 38)
Key points Time Detailed public enquires Witnesses Promote public awareness Debate Ascertain needs of the people
Types of Committees Joint Committees
Made up from members of both houses
LongstandingE.g. Law Reform Committee – Juries Act 2000
Standing CommitteesAppointed for the life of the Parliament
Ongoing checks on govt activityE.g. Privileges Committee
Select committeesAppointed for specific purpose
E.g. Select Committee for Gaming Licenses
Law Reform Committee
Q2 What do Law Reform Committees do? (page 38)
Investigate Public Hearings Report to parliament Recommendations
E.g. Victorian Law Reform CommitteeExpertise – sexual offenses, defences, family
violence
Role of Cabinet
(page 39)Key PointsDecide which laws need to changeExtensive resourcesInfluential – government hold majority on upper
houseQ3 What happens if a minister is not a
member of cabinet and wants to introduce a bill? (page 39)
Q4 What is a statement of compatibility? (page 39)
Drafting Legislation
Parliamentary Draftsperson Q5 What is their role? Q6 Where do they get their instructions? Q7 What things are considered? Q8 How do they work out the intention
of the bill? Q9 Once drafting the bill who do they
send it to? Q10 After the department and the
minister has agreed to it, what happens next? (page 40)
Problems of Drafting
(page 41)Q11 What difficulties may be
experienced by parliamentary counsel?
Key words Future circumstances Meaning of words Loopholes and omissions Different situations Technical terms Conflict and existing legislation Time constraints
Scrutiny of Bills
FEDERAL LEVELHouse of Reps – may refer bill to standing
committee that specialises in that subject area.
Senate – Selection of Bills Committee decides which bill should be sent to Senate Committee
Senate Scrutiny of Bill Committee
Role (page 41)Q12 What is the role of the Senate
Scrutiny of Bills Committee
Q13 What are the advantages of referring bills to the Committee?
Standing Committee on Legal and Constitutional Affairs
Q14 What is the role of this committee? (page 42)
Q15 When does discussion in detail occur?
VICTORIA – Scrutiny of Acts and Regulations Committee
Q16 What is the role of this committee? (page 42)
Q17 What is a compatibility statement?
Progress of a Bill through Parliament
READ pages 43 to 48
Create an A3 poster detailing timeline about the stages a bill goes through before it becomes law.
(provide details about each stage and its significance in the process)
Questions
Complete questions 16 to 22 pages 52 to 53
Due Friday