Identify and explain ‘task words’

Describe the different stages in the legislative process

Learning Objectives21 February 2012

Complete the ‘Do Now’ worksheet by explaining what each of the ‘TASK WORDS’ mean

DO NOW

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How to approach SACs and Exams

Preparing for success!

Task words indicate what the examiner expects you to do in your response

Action: Learn the task words and their meanings (see handout)

Action: Identify task words when doing practice exam questions

Task words

IDENTIFY

EXPLAINDESCRI

BE

ANALYSE

DISCUSSEVALUATE

A definition should provide the reader with concise information that demonstrates that you understand the term. If the question asks for an example, then you MUST give an example to achieve full marks.

When defining a term, avoid using that word in your explanation.

For example, when defining ‘legislative process’ avoid using the word legislative. Instead, use laws or law-making.

Providing definitions

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Parliament: law-making processes

Chapter 4 OverviewTuesday 21 February 2012

Chapter 2 described the structure and role of Parliament (at state and federal level) – i.e. WHAT it does

One of Parliament’s most important roles is to make laws.

Chapter 3 described the reasons WHY a law may need to change and different methods used by groups and individuals to influence legislative change.

In Chapter 4, we learn about HOW the Parliament makes lawsHow this Chapter

relates to previous chapters

Legislative process refers to the steps/stages used by Parliament to make a law.

It describes how a ‘bill’ becomes a law. A bill is a proposed law. It must be

passed by both houses of parliament and receive royal assent in order to become a law.

Legislative process

Our Parliament is supposed to be REPRESENTATIVE and RESPONSIBLE to the public

Therefore, when society changes (needs, values, technology) and gaps emerge in existing laws, legislative change is required

Most of our laws are initiated by the government (Cabinet decisions)

Other influences include MPs, political parties (e.g. the opposition), government committees or reports, pressure groups and the media

Initiation of legislation

There are many sources of influence on legislation

Government bills – have the approval of Cabinet and are most likely to be successful because it has the support of the government.

It often results from government policy (also called a ‘public bill’) or recommendations from government departments.

Examples include financial bills (e.g. the budget)

Different types of bills

Private member’s bills – introduced without Cabinet support (usually by a government backbencher or member of the opposition)

Usually unsuccessful because MPs will vote according to party policy

Private bills – affect only a small portion of the community, e.g. Uniting Church Act

Usually passed

Different types of bills cont.

Cabinet consists of the PM and ministers (Cth level) or Premier and ministers (state level)

Not formally recognised by the Constitution but part of parliamentary convention (means we have done it for so long that it is an accepted rule)

Cabinet has substantial resources, receives advice from many committees and decides on which legislation to introduce to parliament

Role of Cabinet

Drafting legislation = writing laws According to page 75, textbook: ‘process

of framing the words of a proposed law in the form of a bill’

Drafting legislation is the role of parliamentary counsel

Minister responsible for introducing the bill in parliament or the relevant govt department will brief (advise) the parliamentary counsel on what is required

Drafting legislation

Time constraints – due to heavy workloads during parliamentary sitting time, process may be rushed and laws may be poorly drafted

Legal terms – the legal meaning of certain words will differ from their everyday meaning – this can cause confusion

Possible interpretations – courts may interpret words and terms in a different way to their original intent – this can lead to uncertainty or inconsistencyProblems in drafting

legislation

Advice given – the minister or department briefing parliamentary counsel may not provide adequate, clear or accurate advice – this may result in loopholes or omissions in the law.

Problems in drafting cont.