Chapter 13 Student Book Answers

Student book answers
13.1 The roles of the houses of parliament

Pages 402–410
13.1 Check your learning

Define and explain
1 Using an example, define the following terms:
a hostile upper house
A hostile upper house refers to a situation in which the government does not hold a majority of seats in
the upper house and relies on the support of the opposition or crossbench to have their bills
passed. An upper house that acts in a hostile manner is able to force amendments to government
bills or can ultimately block proposed legislation.
In October 2020, the Victorian (Andrews Labor) Government faced a hostile upper house (Legislative
Council) which refused to pass some controversial parts of the government’s COVID-19 Omnibus
(Emergency Measures) and Other Measures Amendment Bill 2020. The bill was designed to
extend the ability of the government to manage the spread of COVID-19 (the novel coronavirus
causing the pandemic) including increasing the powers of Victoria Police to allow the detainment
of people who threatened to breach COVID-19 restrictions and regulations and potentially
increase the spread the virus.
The government was forced to amend the bill in order to gain sufficient support from the crossbench
(including members from the Greens and the Reason, Animal Justice and Shooters, Fishers and
Farmers parties) for the bill to pass the house. The bill was passed after the government removed
certain parts including the proposal to increase police detainment powers.
b hung parliament
A hung parliament is a situation in which neither major political party (for example, the Liberal–National
Coalition or Australian Labor Party) wins a majority of seats in the lower house of parliament after
an election. For example, the 2010 federal election resulted in a hung parliament, with both the
ALP and Liberal–National Coalition winning 72 of the possible 150 seats. Ultimately the ALP
formed a minority government with the support of one member of the Australian Greens and three
independents.
Please note: The lower house of Commonwealth Parliament, the House of Representatives, now
consists of 151 seats.
c minority government
A minority government refers to a government that does not hold a majority of seats in the lower house
and relies on the support of minor parties and independents (i.e. the crossbench) to form
government. For example, after the 2010 federal election, the ALP was able to form a minority
government with the support of one member of the Australian Greens and three independents.
d minor party.
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A minor party is a party that, despite not having enough members or electoral support to win
government, is still able to place pressure on the government to address specific issues and
introduce law reform. For example, the Australian Greens are the most prominent minor party in
the Commonwealth Parliament, focusing specifically on issues relating to protecting the
environment.
Synthesise and apply
2 Explain how a minority government may detract from the effectiveness of the lower house. Suggest
how this problem might be overcome.
A minority government can detract from the effectiveness of the lower house because, without having
majority support, the government must constantly negotiate with minor parties and independents to ensure
its legislative program is supported and passed by the lower house. This can result in the government
being forced to alter or ‘dilute’ its original policies, often to the annoyance of voters.
A minority government may also be considered undemocratic as it can allow independent members and
members of minor parties to hold a disproportionately high level of power compared to their voter base –
especially if they are placed in a position where they can vote with the opposition to block government bills.
Similarly, independents and minority parties do not represent the views and values of the majority of the
community because they often focus on a relatively narrow range of policy issues without having a detailed
plan or stance on broad range of key issues.
3 Conduct some research, and explain whether or not the terms ‘hostile upper house’ or ‘rubber stamp’
currently apply to the composition of the Senate and the Legislative Council.
Student answers will vary depending on the current composition of the upper houses of state and federal
parliament.
As of November 2020, the Senate is hostile, with Liberal–National Coalition Government holding 36 of the
available 76 seats, ALP holding 26 seats and the remaining 14 seats being held by the crossbench (i.e.
independents and minor parties).
As of November 2020, the Victorian Legislative Council is also hostile, with the Labor Government holding
17 of the available 40 seats, the Liberal–National Coalition holding 11 seats and the remaining 12 seats
being held by the crossbench.
4 Visit the Victorian Parliament website and access legislation passed this year. A link is provided on
your obook assess. Find one Act of Parliament that was passed within one to two months of being
introduced into the first house. Explain why you think the law was passed so quickly.
Student answers will vary.
5 Read the scenario ‘The creation and repeal of the “Medevac Bill”’ and answer the following questions:
a Suggest why the Migration Amendment (Urgent Medical Treatment) Bill 2018 (Cth), introduced by
Kerryn Phelps MP, did not pass the house.
The Migration Amendment (Urgent Medical Treatment) Bill 2018 (Cth) did not pass the lower house
(the House of Representatives) because it was introduced by an independent member (MP
Kerryn Phelps) and did not have the support of the Liberal–National Government who, at the time
the bill was introduced, held a majority in the house.

Private member’s bills, such as the Migration Amendment (Urgent Medical Treatment) Bill 2018 (Cth),
are proposed laws introduced by a member of parliament who is not a government minister and,
as such, are not a part of the government’s legislative program. This means they generally will not
have the support of the government unless a government member decides to ‘cross the floor’ and
vote against party policy.
b Explain why the Liberal–National Government was unable to prevent the amendments to their
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (Cth) (the Medevac Bill)
being passed through each house of parliament.
The Liberal–National Government was unable to prevent the amendments to their Home Affairs
Legislation Amendment (Miscellaneous Measures) Bill 2018 (Cth) (the Medevac Bill) being
passed through the Senate because, at the time the bill was being debated, the Senate was
hostile allowing the Labor Opposition and the crossbench to vote in a bloc and prevent the
passing of the bill.
The Liberal–National Government was also unable to prevent the amendments to their bill being
passed through the House of Representatives because, following the resignation of two party
members, the government no longer held a majority in the house.
c Explain why the Liberal–National Government was able to repeal the Medevac Bill after the May
2019 federal election.
The Liberal–National Government was able to ultimately repeal the Medevac Bill after the May 2019
federal election because the government was re-elected with a majority in the House of
Representatives. Shortly following the election, the government’s bill to repeal the Medevac Bill
was promptly passed by the government controlled lower house and ultimately the upper house.
While the ALP Opposition and Australian Greens did not support the bill, the Liberal–National
Government was able to negotiate sufficient support from within the crossbench for their bill to
pass the Senate. Controversially, negotiations involved the government engaging in a “secret
deal” to gain the support of Tasmanian crossbencher Senator Jacqui Lambie. With Senator
Lambie’s support, the bill was finally passed 37 votes in favour to 35 votes against.
Analyse and evaluate
6 Discuss the extent to which having a bicameral system of parliament is a positive factor in law-making.
Student answers will vary but may include the following responses:
• A bicameral system of parliament is a positive factor in law-making because it requires bills to be

passed by two houses (the lower and upper house) to become law. This means bills will be subject to
significant discussion, scrutiny and review.If the government is able to secure a majority in both
houses it will be able to implement law reform (or its political agenda) with less debate and scrutiny
than otherwise would occur if the upper house was hostile. This is because in situations where the
government has a majority in both houses, the upper house can act as a ‘rubber stamp’ and merely
confirm the decisions of the lower house with only public pressure and the risk of not being re-elected
preventing it from doing so.
• A government that holds a majority in the upper house also has the ability to reject non-government
bills that are introduce by a private member without debate, although private member’s bills might still
be introduced to raise awareness of an issue or need for law reform.

• The existence of a hostile upper house (i.e. a situation where the government does not hold a majority
in the upper house) can assist the effectiveness of the parliament as a law-maker as it can ensures
bills are more thoroughly scrutinised and ensure a wider range of views and community interests are
reflected in legislation. However, it also gives the opposition, independents and minor parties the ability
to force amendments to, or block, government bills which can obstruct the ability of the democratically
elected government to implement its legislative program. It can also allow independents and minor
parties to hold a disproportionately high level of power compared to their relatively low voter base.
7 In your view, is it appropriate for a politician who has been elected to parliament as a member of one
political party to resign from that party mid-term and start their own political party? Give reasons.
Student answers will vary; some common responses are provided in the table below.
Agree Disagree
• A politician who feels they are not able to reflect • It is undemocratic for a member of parliament to
the views and values of their electorate in resign from their party mid-term, as he or she
parliament by acting in accordance with the has been elected by the people on the
views and values of their party has a duty to assumption that they would act as a member of
leave the party and represent the views of their that political party and vote in accordance with
electorate. the party’s political agenda.
• A politician who feels they cannot support the • Voters may feel it is deceitful or dishonest for an
actions of other party members and party policy, elected representative to resign from their
has duty to resign from the party. political party mid-term and start their own
political party with a different policy agenda to
that which the voters supported. While a
member of parliament should be able to resign
from their party mid-term, they should not be
able to form their own party and retain their seat.
8 To what extent does the law-making process restrict parliament as a law-maker? Give reasons.
• While a bicameral system, which requires bills to be passed by two houses to become law, can ensure
the parliamentary law-making process is rigorous and thorough and encourage the parliament to
produce effective and just laws which reflect the views and needs of the majority of the community, it
can slow the progress of legislative reform.
• While a hostile upper house can assist rigorous and thorough debate, it can also obstruct the ability of
the government to implement its policy agenda – possibly not for genuine, valid reasons but rather for
the parliamentary member’s own reasons/agenda. It can also allow independents and minor parties to
hold a disproportionately high level of power compared to their relatively low voter base, which can be
seen as an undemocratic restriction on the parliament’s law-making ability.
• While the bicameral law-making process enables debate to takes place in each of the houses so a
wide range of views can be considered and members can identify the benefits and possible flaws
associated with potential law reform, the parliament can only discuss and pass bills that are presented
to it, usually by the government of the day. Parliamentary sitting time is limited, which can shorten the
scope for discussion and debate.

13.2 The representative nature of parliament
Pages 411–415

Define and explain
1 Define the term ‘representative government’.
Representative government refers to a political system in the members of parliament are elected (chosen)
by the people, to make laws on their behalf, and if they fail to make laws that reflect the views and values of
the majority, they risk re-election.
2 Explain two features of our parliamentary system that help to ensure representative government.
One feature of our parliamentary system that helps to ensure representative government is the requirement
that members of parliament must be elected by a majority of the voters within their electorate. This
requirement encourages members of parliament to listen to the views of the people living within the
community and make laws in accordance with their views and values. It also encourages the people, when
they see the need for law reform, to engage in range of activities (such as signing petitions and becoming
involved in demonstrations) to express their views and indicate to government and members of parliament,
the desired need for law reform.
Another feature of our parliamentary system that ensures representative government is regular elections.
Regular elections allow for a government who the people do not perceive to be reflecting their views and
values in lawmaking to be voted out of office. In addition, voting in regular elections is compulsory which
helps ensure our parliaments and governments have the support of the majority of people and not just
those who bother to vote. It also forces candidates and political parties to consider the needs of the entire
society when formulating their policies.
3 Suggest one law that you think should be introduced (or changed). Why do you think this law (or
change) has not been introduced before now? Do you think the majority of the community would
support your view to introduce (or change) this law? Why/why not?
4 Conduct some research to complete the following questions.
a Identify one controversial law at a federal level or state level that has not yet been introduced, but
which you believe the majority of people support.
b Justify why you say that the law has majority support.

c Why do you think the law has not been introduced?
d Do you think that there will be any consequences for the government as a result of not passing
this law?
5 Discuss two benefits of our parliamentary system being representative of the people. Use at least one
example to support your response.
Student answers will vary. A sample response is provided.
One benefit of the Australian parliamentary system being representative of the people is that it encourages
members of parliament (including the government) to listen to the views of the people and allows
individuals, pressure groups, the media and general public opinion to force the government and other
members of parliament to carefully consider law reform. However, conflicting societal views on
controversial issues (for example, the legalisation of limited euthanasia, the use of medical cannabis and
the introduction of medically supervised ‘safe’ injecting rooms) can make it difficult for the members of the
parliament to accurately assess community support for specific law reform initiatives. Members of
parliament may also be reluctant to support law reform in more controversial areas through fear of losing
the electoral support of vocal minorities.
For example, both the Liberal–National Coalition and ALP were slow to support the introduction of marriage
equality partly in fear of losing the support of conservative voters and vocal minorities despite opinion polls
indicating the majority of the community supported the legislative change. Marriage equality was finally
implemented in December 2017 after the Federal Government conducted a plebiscite (a national non-
compulsory postal vote) to measure support for the change. The survey result indicated that 61.6 per cent
of respondents agreed that the law should be changed to allow same-sex couples to marry, while
38.4 per cent disagreed. Approximately 80 per cent of eligible citizens responded to the survey.
Another benefit of the Australian parliamentary system being representative is that any government that is
perceived by the people as not making laws that reflecting their views and values can be voted out of office.
This forces candidates and political parties to consider the needs of the entire society when formulating
their policies, although compulsory voting has the potential to distort the electoral process by encouraging
people who are disinterested to cast an ill-informed vote.
6 As at 1 January 2020, for the first time in Australia’s political history, the Senate had equal gender
representation (i.e. the Senate was comprised of 38 men and 38 women). By contrast, the House of
Representatives was comprised of 105 men (approximately 70 per cent of the total 151 members) and
46 women. In a small group, discuss the extent to which the gender composition of the Commonwealth
Parliament may affect its ability to be representative in law-making.
• While it could be argued that a lack of female representation in the lower house may impact upon the
Parliament’s ability to be responsive to the needs of women, members of parliament are elected to
represent the entire electorate not just people of the same gender. This means despite being
predominately comprised of men, the House of Representatives should still be able to make laws that
reflect the views and are in the interests of women.

• A range of factors other than the gender composition of the houses are more likely to affect the ability
of the Parliament to make laws that represent the views and values of the community. For example,
members of parliament are likely to be influenced by a range of domestic and international political
pressures (including pressure from influential individuals, business organisations, and pressure
groups) and internal party pressure to vote in accordance with party policy.
• Having more women in the Senate than in the House of Representatives ensures that the Senate – as
the house of review – can determine whether the lack of female representation in the lower house has
affected the ability of the bill to be functional.
• Having more men in parliament than women could mean that legislation reflects the views and values
of men more than women, as the gender of members of parliament can play a role in their personal
decisions regarding law-making, affecting the ability of parliament to be representative of all
Australians in law-making.
7 Hold a class debate on the following topic: ‘Voting in federal and state elections in Australia should not
be compulsory’.
Agree Disagree
• Compulsory voting can force some people to • Compulsory voting ensures that the government
vote who do not wish to, resulting in the casting that is elected is truly representative of a
of ill-informed votes which may result in a majority of Australians.
parliament being elected which is not totally • Compulsory voting encourages governments to
representative of the people. endeavor to reflect a range of views and values
• Compulsory voting can result in people who do within the legislation it passes to obtain and
not wish to vote preferencing the candidates as maintain the support of as many Australians as
the appear on the ballot, unfairly advantaging possible.
some parties over others and resulting in parties
which appear first on the ballot gaining seats in
parliament somewhat un-democratically.

13.3 Political pressures
Pages 416–422

Define and explain
1 Describe two ways in which individuals and pressure groups can place pressure on members of
parliament and government to introduce desired law reforms.
Individuals and pressure groups can undertake a range of activities, like initiating petitions and participating
in demonstrations, to place pressure on members of parliament and the government to change the law. In
an attempt to be re-elected, members of parliament will generally initiate and support law reform that
reflects the views and values of the majority of the community. Demonstrations, particularly ones that are
attended by many people, can generate widespread media attention and highlight to members of
parliament the extent of community support for a particular law reform and encourage parliamentarians to
initiate legislative change.
Individuals, prominent business people and members of pressure groups can also place pressure on
members of parliament and government to introduce desired law reforms by running as independent
candidates or forming their own political parties in an attempt to win a seat in parliament so they can
directly influence law reform and place direct pressure on the government to initiate law reform. While
minor parties or independents are very unlikely to gain sufficient electoral support to form the government,
they can play a significant role in law-making by raising the views of minority and special interest groups
and may be able to place great pressure on the government if they form a part of a crossbench which holds
the balance of power.
2 Explain how influential individuals and businesses can place pressure on members of parliament and
governments to make laws in their best interest.
Influential individuals and businesses may be able to place pressure on members of parliament and
governments to make laws in their best interest by making donations to political parties. While it is difficult
to prove the extent, if any, to which political donations enable individuals and businesses to gain greater
access to members of parliament and influence their views and political agenda, financial donations can be
spent by political parties on a range of marketing and promotional activities to increase their chance of
being elected.
By making political donations, individuals and businesses may be able to assist the election of political
parties that will be more likely to act in their best interests, whether that means creasing new law, reforming
established laws or preventing laws regarding certain matters from being passed. For example, during the
2019 federal election campaign, mining company Mineralogy donated $84 million to Clive Palmer’s United
Australia Party. The leader of this party, Clive Palmer, is also the owner of Mineralogy. While the United
Australia Party did not win a seat in the federal parliament, it pursued an aggressive ‘anti-Labor’ campaign.
While political parties are reluctant to dicuss the extent to which political donations can influence their ability
to win an election, various academics and political analysists believe that the laws surrounding political
donations in Australia need to be reformed to prevent influential and wealthy individuals and businesses
from exerting excessive power and influence over our democratic system.

3 Conduct some research to provide two examples of pressure groups that are placing pressure on
either the Victorian Parliament or Commonwealth Parliament to introduce new laws or change existing
laws.
a What law is each group hoping to see implemented or changed?
b What activities are these groups undertaking to place pressure on members of parliament and the
government to implement or change the law?
4 Research one independent member of state or federal parliament (or one minor party) to discover why
they decided to run for parliament (or why the minor party was created).
a What is the single most important issue the member (or minor party) is hoping to influence?
b How successful do you think the member will be in achieving their aims or influencing the
implementation or changing of the law? Give reasons for your answer.
5 Using an example, explain how other nations or international organisations can place political pressure on
the Australian Government to make or change the law.
Other nations or international organisations can place political pressure on the Australian Government to
make or change the law in situations where the it fails to uphold its commitments and obligations under
those treaties. For example, throughout the last decade, the Australian Government has been continually
criticised by a number of international organisations (including the United Nations and Human Rights
Watch) over its poor treatment of asylum seekers which allegedly breaches the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Australia is a signatory. In
addition to ongoing condemnation of Australia’s mandatory detention of asylum seekers and poor living
conditions at offshore detention centres, in August 2018, the Australian Government was specifically
criticised for its decision to remove income and housing support from asylum seekers living in Australia.
Additionally, the Australian Government must also consider the interests of other nations, particularly those
with which it has trading partnerships and defence alliances, when designing foreign and domestic policy
and crafting legislation. If it fails to do so, the Australia Government may find itself subject to international
pressure that has the potential to negatively affect Australia’s national economic and security interests. For
example, in July 2020 Australia’s political relationship with China deteriorated after the Australian
Government announced it would extend temporary visas for people from Hong Kong who were already
living in Australia to assist them in dealing with the new national security laws being imposed in Hong Kong
by the Chinese Government.
The Australia Government also suggested Hong Kong businesses should considered moving their
operations to Australia. These actions increased tensions between the Australian and Chinese
governments which could potentially harm Australia’s trade relationship with China and negatively affect
Australia’s economic growth as exports to China account for approximately 30 per cent of Australia’s total
exports.

6 Discuss the extent to which financial donations can influence political parties.
Student answers will vary but may include the following responses. Also refer to Question 2 above.
• Without financial donations, political parties would struggle for funding. This would mean they would
struggle to campaign and spread the message about their policy platform, which means that voters
may make less informed choices.
• Financial donations can be highly effective at influencing political parties to create laws that will be of
benefit to the donator, as the political party knows that if they do so they can expect to see continued
support from the donator.
• Donations create the perception and risk that some laws passed by parliament are passed to
recognise donations from those who may benefit from such laws being passed, which could alienate
voters.
• Financial donations can mean that a political party focuses more on creating laws which are of benefit
to those who donate to them, rather than creating meaningful change for other groups of people; this
could serve to be detrimental to the party’s electoral prospects.
7 In Canada, companies and trade unions are banned from making political donations. Do you think the
same ban should exist in Australia or should there at least be a limit on the amount that a single
individual, business or organisation can donate to a political party each year? Give reasons for your
view.
Agree Disagree
• Donations by individuals, businesses and • Without financial donations, political parties
organisations to political parties have the ability would struggle for funding. This would mean
create the perception and risk that some laws they would struggle to campaign and spread the
passed by parliament are passed to recognise message about their policy platform, which
donations from those who may benefit from means that voters may make less informed
such laws being passed. This can foster choices, undermining the principle of
undemocratic sentiment within voters and be representative government.
damaging to the Australian political system. • A political party is required to obtain and
• Financial donations can mean that a political maintain the support of Australian voters in
party focuses more on creating laws which are order to gain power. As a result, while political
of benefit to those who donate to them, rather donations do have the ability to influence the
than creating meaningful change for other law-making of political parties, the need for
groups of people. This can serve to undermine political parties to address the views and values
democracy, as the people who have elected the of those who elected them in order to remain in
government to power may be having their views power, or to increase their power, remains
and values overlooked in order for the interests paramount over the need to please donors.
of donors to be prioritised.
8 Discuss how members of parliament voting on party lines can affect the ability of parliament to make
law.

• If all members of a government vote along party lines, the law-making process should be fairly quick,
at least in the lower house if not in the upper house. This is because there will be no doubt as to
whether or not a bill will pass, and no deals needed to be made to ensure that a bill does pass.
• If all members of a party vote along party lines, it means they should have an internal consensus on
whether a particular bill is in the best interests of the groups of people who have elected them to
parliament; supporting or not supporting a bill as a whole communicates that a political party is doing
what it believes is in the best interests of its constituents in the law-making process.
• The pressure to vote along party lines can prevent members of a political party from doing what they
perceive to be in the best interests of their electorate, if their best interests are not served by the
member voting along party lines.
• If pressure to vote along party lines within a particular party so strong that it prevents a conscience
vote from being allowed, a member of the party may cross the floor when voting on a bill put to the
parliament by that party. This can greatly undermine confidence within voters of the unity within that
particular party, as well as potentially prevent them from gaining the necessary majority to pass a bill.
9 For many years the Liberal Party did not allow its members a conscience vote on marriage equality
(same-sex marriage). Discuss the extent to which denying a conscience vote detracts from the
effectiveness of parliament in law-making.
• Denying a conscience vote could mean that law-making becomes a far more time-consuming process,
as there may be enough members to support a bill’s passage in the instance of a conscience vote
rather than if a vote on party lines was expected. This means that bills which could be of benefit to the
public could be unnecessarily delayed.
• Denying a conscience vote allows for members of parliament to hide behind their party’s stance –
when they vote on the basis on their own conscience, they can be held accountable for their own
actions without the party’s position to defend them.
• Denying a conscience vote can prevent members of parliament from serving the interests of their
electorate, as they are able to address the specific needs of those who voted for them, rather than the
larger group of people who voter for their party.
• Denying a conscience vote can serve practical purposes, as allowing individual members of parliament
to make their own decisions can serve to create inconsistency in a party’s approach to policy making
as a whole, or in relation to a specific issue.

13.4 Restrictions on law-making powers
Pages 423–425

Define and explain
1 Identify three restrictions on the law-making powers of the Commonwealth Parliament.
Student answers will vary. A sample response is provided.
One restriction on the law-making powers of the Commonwealth Parliament is that it can only make law
within its constitutional power – that is, in areas of specific law-making power as outlined in the Australian
Constitution. For example, the Commonwealth parliament can only make law in exclusive or concurrent
areas of law-making power such as in the area of defence and marriage respectively.
The Australian Constitution also contains specific prohibitions which ban the Commonwealth Parliament
from making laws in certain areas, for example, the Commonwealth is banned from making laws that
breach the express rights of the people such as legislating to impose or restrict religious practice (s116).
The Australian Constitution also restricts the law-making powers of the Commonwealth by preventing the
Commonwealth from changing the wording of the Constitution for any reason, including increasing its own
law-making powers. This is because, in accordance with section 128, the Constitution can only be changed
by a referendum or compulsory vote of the Australian people.
Other restrictions include:
• While being the supreme law-making body, the parliament cannot pass legislation to abrogate (or
cancel or override) High Court decisions involving the interpretation of the constitution.
• As outlined in the Australian Constitution, the Commonwealth Parliament cannot make laws in areas
of residual powers belong only to the state parliaments (such as in the areas of public transport and
education).
2 Why is parliament referred to as the supreme law-making body?
Parliament referred to as the supreme lawmaking body because it is able to both make, change and
abrogate (cancel) any laws within its constitutional jurisdiction.
3 Explain two ways in which the Australian Constitution limits the law-making powers of the
Commonwealth Parliament.
One way in which the Australian Constitution limits the law-making powers of the Commonwealth
Parliament is by providing for a referendum to be held in order to change the Constitution. Section 128
dictates that if the Commonwealth Parliament wishes to change the words contained in the Constitution, it
must put a proposal to the people for them to vote on. This limits its law-making powers in that the
Commonwealth does not have the ability to change the Constitution to expand their law-making powers at
will – they must receive a double majority in the affirmative from the Australian public.

Another way in which the Australian Constitution limits the law-making powers of the Commonwealth
Parliament is by restricting the Commonwealth from making laws in areas of residual law-making powers.
By way of leaving some areas of law-making undesignated in the Constitution – specifically, undesignated
to the Commonwealth – the founders gave the states exclusive law-making powers in such areas. As such,
the Constitution prevents the Commonwealth from making laws relevant to specific areas by leaving power
relating to these areas of law with the states.
4 What is a specific prohibition? Describe two examples of a specific prohibition that apply to the state
parliaments and two examples that apply to the Commonwealth Parliament.
A specific prohibition is an explicit limitation which is imposed on the law-making powers of the
Commonwealth and state parliaments by the Constitution.
One example of a specific prohibition that applies to the state parliaments is exclusive powers. Exclusive
powers limit the law-making power of state parliaments by giving law-making powers to the Commonwealth
parliament alone. For example, section 114 of the Constitution bans state parliaments from forming their
own military or naval forces. Another example of a specific prohibition that applies to the state parliaments
is section 109 of the Constitution. Section 109 dictates that any inconsistencies between Commonwealth
and state laws will be resolved by allowing the Commonwealth law to prevail. This limits the ability of states
to make laws in areas of concurrent law-making.
One example of a specific prohibition that applies to the Commonwealth parliament is section 117 of the
Constitution. It bans the Commonwealth from making laws which discriminate against the citizens of any
state, based on the state that they live in. This prevents the Commonwealth from making laws that could be
perceived by the citizens of any state to disfavour them based on their place of residence. Another example
of a specific prohibition that applies to the Commonwealth parliament is section 116 of the Constitution. It
provides for all people living within Australia to have freedom of religion. This prevents the Commonwealth
parliament from making any law which establishes a state religion or imposes any religious services on
Australians.
5 Using your knowledge from Chapter 10 to assist you, explain two ways that the Commonwealth
Parliament may be able to make laws in residual areas of power that belong to the states.
The Commonwealth Parliament is able to make laws in residual areas of power in circumstances where
one or more states has voluntarily referred (or handed over) an area of law-making power to allow the
Commonwealth to make consistent laws that apply to, and for the benefit of, the whole country in areas not
originally given to them in the Constitution. Historically, however, the states have generally been reluctant
to refer law making powers to the Commonwealth perhaps in fear that over time the Commonwealth may
make laws in the referred area of power that may negatively affect their state. Similarly, the states may
view a referral of powers as a means by which the Commonwealth can increase its legislative power
because an area of referred power typically becomes a concurrent power and, under section 109 of the
Constitution, if any conflict arises in a concurrent area of power, the Commonwealth law will prevail to the
extent of the inconsistency.
Another way the Commonwealth Parliament may be able to make laws in residual areas of power is by
making tied grants. A tied grant is funding that is given by the Commonwealth to the states on the condition
that the states will use it in certain ways. The High Court’s ruling in the case of Victoria v Commonwealth
(1926) created a precedent which has allowed the Commonwealth to provide the states with tied grants in
areas of residual law-making. Such grants allow the Commonwealth to indirectly influence law-making in
residual areas through the conditions attached to tied grants.

6 ‘As the supreme law-making body, parliament has the power to make and change any law.’ Discuss
the extent to which you agree with this statement.
• Parliament is the supreme law-making body, meaning it can make and change any law within its
constitutional power. This means the parliament can pass legislation to initiate new law and amend or
repeal existing statutes. For example, the Commonwealth Parliament has the power to make law in
concurrent and exclusive areas of law-making power.
• As the supreme law-making body, the parliament also has the ability to abrogate (or cancel) common
law, although it cannot override a ruling made by the High Court when resolving constitutional
disputes. For example, the Commonwealth Parliament cannot pass legislation to override a decision of
the High Court to declare invalid legislation made ultra vires (i.e. beyond the constitutional law-making
power of the parliament) or in breach of the constitutionally protected rights of the people. The High
Court also has the ability to interpret the Constitution to restrict the law-making of parliaments in
accordance with provisions set out in the Constitution.
• Despite being the supreme law-making authority, the parliament is subject to various law-making
restrictions. For example, the Commonwealth Parliament is prevented from making laws in areas of
residual law-making power, and the state parliaments are prevented from making laws in areas of
exclusive law-making power. For example, the Australian Constitution bans the states from forming
their own military or naval forces (section 114) and creating their own currency (section 115).
• The Australian Constitution also contains five express rights which prohibits the parliaments from
making laws in particular areas. For example, the Constitution expressly protects freedom of religion
by banning the Commonwealth Parliament from establishing any religion, imposing any religious
service or prohibiting religious practice (section 116). It also bans the Commonwealth from making
laws that discriminate against the residents of a state (section 117).
• The Commonwealth Parliament has the ability to broaden the areas of law-making it has through a
referendum. If the proposal, or proposals, it puts forward for changing the wording of the Constitution
succeed, the Commonwealth Parliament can expand its own law-making power, and the law-making
power of the states if it wishes. Likewise, section 128 of the Australian Constitution, prevents the
Commonwealth Parliament from changing the Constitution, and potentially increasing its own law-
making power, by requiring any proposal to change to the wording of the Constitution to be passed by
a double majority of the Australian voters at a referendum (or compulsory public vote).
• The Commonwealth Parliament has the ability to make tied grants. As per the decision made in
Victoria v Commonwealth (1926), this allows for the Commonwealth Parliament to influence areas of
residual law-making – areas of law-making which the Constitution otherwise prevents the
Commonwealth from making law within.

Chapter 13 Review
Pages 426–427
Revision questions
The following questions have been arranged in order of difficulty, from low to high. It is important to practise
a range of questions, as assessments (including the exam) are composed of a variety of questions. A great
way to identify the difficulty of the question is to look at how many marks the question is worth. Work
through these questions to revise what you have learnt in this chapter.
Difficulty: low
1 Describe one way in which an individual can place pressure on a government to initiate a change in
the law.
Student answers may vary. A sample answer is provided.
One way an individual can place pressure on a government to initiate a change in the law is by organising a
series of demonstrations so that other like-minded individuals can join together to highlight the need for
specific legislative change and place pressure on the government to change the law. Demonstrations,
particularly ones that are attended by many people and attract positive media attention, can place pressure
on a government to initiate legislative change because, given the representative nature of the parliament, a
government that fails to implement laws that reflect the views and values of the majority of the community
and respond to the demands of the people, will risk re-election.
(3 marks)
Difficulty: medium
2 Explain how international circumstances can place pressure on the Commonwealth Parliament to
make law.
There are multiple ways in which international circumstances can place pressure on the Commonwealth
Parliament to make law. For example, other nations or international organisations can place political
pressure on the Australian Government to make or change the law by expressing their concern when they
believe the Australian Government is not upholding its commitments and obligations in accordance with
international treaties to which it is a signatory. For example, the United Nations has criticised Australia’s
treatment of asylum seekers on the basis that Australian laws providing for mandatory detention, breach
Australian commitments under the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, to which we are a signatory.
Additionally, the Australian Government must also consider the interests of other nations, particularly those
with which it has trading partnerships and defence alliances, when designing foreign and domestic policy
and crafting legislation. If it fails to do so, the Australian Government may find itself subject to international
pressure that has the potential to negatively affect Australia’s national economic and security interests. For
example, in July 2020 Australia’s political relationship with China deteriorated after the Australian
Government announced it would extend temporary visas for people from Hong Kong who were already
living in Australia to assist them in dealing with the new national security laws being imposed in Hong Kong
by the Chinese Government.

The Australia Government also suggested Hong Kong businesses should considered moving their
operations to Australia. These actions increased tensions between the Australian and Chinese
governments which could potentially harm Australia’s trade relationship with China and negatively affect
Australia’s economic growth, as exports to China account for approximately 30 per cent of Australia’s total
exports.
(4 marks)
Difficulty: high
3 Evaluate the role of the Senate in the law-making process.
One major role of the Senate (the upper house in Commonwealth Parliament) is to discuss and scrutinise
government bills to ensure that legislation passed by the Commonwealth Parliament is appropriate and
check for any loopholes. The Senate can act as a house of review because all bills must be passed by a
majority of members in both houses of parliament to become law.
The Senate is particularly able to act as a house of review, in situations where the government does not
hold a majority of seats in the house (when the Senate is hostile). This is because, in such situations, the
opposition and crossbench (i.e. minority parties and independents) senators have the ability to vote
together to force amendments to, or ultimately block, the passing of a government bill if they feel the bill is
not in the best interest of the Australian people. Such action can obstruct the ability of the democratically
elected government to implement its policy agenda as promised during the election campaign.
A hostile Senate can also restrict the ability of the Commonwealth Parliament to make laws that reflect the
views of the majority of the people because it allows independent senators and those from minor parties,
who are elected by a relatively small percentage of the population, to hold a disproportionately high level of
power compared to their voter base. However, in contrast, crossbench senators can ensure the views of
those who support minor parties and independents, who are often members of ‘minority groups’ or people
concerned with ‘single issues’, are considered by the parliament.
The Senate can also influence the law-making process by acting as a check on the Commonwealth in law-
making through its ability to act as a states’ house and protect the interests of the less populous states.
This is made possible because the Senate is composed of 12 representatives from each state and two from
each territory, regardless of their population size. However, it can be argued that in reality senators vote
along party lines (or in accordance with their party’s policy agenda) rather than in the interests of their state,
nullifying the benefits of this role.
So, in conclusion, while the Senate has limitations largely depending on it composition, it is able to fulfill its
main law-making role, that being to act as ‘house of review’, and protect the interests of the states to a
moderate extent.
(6 marks)


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Student book answers

13.1 The roles of the houses of parliament

13.1 Check your learning

1 Using an example, define the following terms:

a hostile upper house

© Oxford University Press 2021 1

Synthesise and apply

Student answers will vary.

© Oxford University Press 2021 2

Analyse and evaluate

• A bicameral system of parliament is a positive factor in law-making because it requires bills to be

© Oxford University Press 2021 3

© Oxford University Press 2021 4

13.2 Check your learning

1 Define the term ‘representative government’.

Synthesise and apply

Student answers will vary.

4 Conduct some research to complete the following questions.

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Student answers will vary.

Analyse and evaluate

Student answers will vary. A sample response is provided.

© Oxford University Press 2021 6

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13.3 Check your learning

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a What law is each group hoping to see implemented or changed?

Student answers will vary.

Student answers will vary.

Student answers will vary.

Student answers will vary.

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© Oxford University Press 2021 10

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13.4 Check your learning

1 Identify three restrictions on the law-making powers of the Commonwealth Parliament.

Student answers will vary. A sample response is provided.

Other restrictions include:

2 Why is parliament referred to as the supreme law-making body?

© Oxford University Press 2021 12

Synthesise and apply

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Student answers may vary. A sample answer is provided.

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3 Evaluate the role of the Senate in the law-making process.

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