Quotes and examples: Parliament

Note: Accountability and scrutiny functions of Parliament are dealt separately.

David Lovell

Prof of Pol Sci @UNSW

Committees are valuable, therefore, because they deepen parliamentary scrutiny of legislation and increase the chances of informed and improving amendments … by virtue of being taken largely outside the glare of public spotlight, which encourages adversarial behaviour.
Anthony Smith All aspects of the institution are decaying
Campbell Sharman Prof of Pol Sci at UWA, now at UBC The bias of a parliamentary system is inherently towards executive control of Parliament

 Committees

Standing Committee on Indigenous Affairs The harmful use of alcohol in Aboriginal and Torres Strait Islander communities Sharman Stone
Joint Select Committee on Northern Australia The development of Northern Australia Warren Entsch
Joint Committee on Defence, Foreign Affairs and Trade Australia’s trade and investment relationships with countries of the Middle East Teresa Gambaro

Influencing the system

Influencing: Political System Legal System
Individual:
  • Pape v Tax Commissioner 2009 and Tax Bonus for Working Australians Act 2009

 

  • Williams v Commonwealth 2012 – s 83.
  • Financial Framework Legislation Amendment Act 201
  • Andrew Wilkie:
  • Evidence Amendment (Journalists Privilege) Act 2012
  • Note only 15 PMBs have passe
  • Mabo v QLD 1992
  • Native Title Act 1993
  • Mabo v QLD 1992 terra nullius.
  • Roach v Electoral Commissioner 2007.
  • Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2006,
  • Lane v Morrison 2009
Pressure group:
  • Right to Life Australia and Euthanasia No
  • NT’s Rights of the Terminally Ill Act 1995
  • Euthanasia Laws Act 1997 (C’th)
  • The mining industry, resource and mining organisations campaigned against Rudd’s Resource Super Profits Tax. 2009-10.
  • Was to be levied at 40% of profits, replaced by Mining Resource Rent Tax 2010.

 

  • Get up Rowe v Electoral Commissioner 2010.
  • Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006,

Political party:
  • Greens – Carbon Tax. An alliance with the ALP forced the ALP to pass the Clean Energy Act 2011.
  • PUP has been quite a large influence in Parliament so far. (Superannuation changes, repeal of Mining and Carbon taxes)
  • Australian Communist Party v Commonwealth 1951
  • Australian Communist Party Dissolution Act 1950
  • Referendum (Communist Party Dissolution) 1951

Anti-bikie legislation

  • South Australia v Totani 2010 (2009 in SC)
  • Serious and Organised Crime (Control) Act 2008, forced judges to find bikies a member of a criminal organisation.

 

  • Wainohu v NSW 2011 overturned Crimes (Criminal Organisations Control) Act 2009 in NSW
  • Vicious Lawless Association Disestablishment Act 2013 in QLD. Note that the HC in 2014 has reserved its decision on Kuczborski v Queensland 2014

Microparties

  • Australian Motoring Enthusiasts – 0.51%
  • Liberal Democrats – 3.91%
  • Family First – 1.11%
  • DLP – 0.84%
  • Xenophon – 25% in SA

 

 

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