Legislation

Law reform is the process of reviewing, developing and changing the law to bring it into line with current conditions (i.e. removing outdated laws or introducing new laws to support the regulation of something new). There are a number of Law Reform Commissions throughout all jurisdictions.

Law Reform Commissions publish a variety of papers including discussion papers and reports. These can provide excellent references to the most important academic writings on a particular subject. These publications often include a thorough analysis of the current law and an extensive examination of reform proposals.

The Australian Law Reform Commission systematically reviews Commonwealth laws to:

• bring the law into line with current conditions and needs
• remove defects in the law
• simplify the law
• adopt new or more effective methods for administering the law and dispensing justice
• provide improved access to justice

For more on law reform, see:

Each bill is accompanied by an explanatory statement - the Explanatory Memorandum or Explanatory Notes. Explanatory Memoranda explain the contents of a bill, clause by clause, in non-legal terms. EMs are an invaluable aid for understanding the proposed legislation. This document can be relevant in statutory interpretation of an Act or provision of an Act that the Bill relates to (see Acts Interpretation Act 1901 (Cth)).

An explanatory memorandum is read in conjunction with a bill - they are a companion set.

The First Reading Speech

The First Reading Speech is where the Minister introduces a bill to Parliament. The bill is then distributed to Parliamentarians and made available to the public.

The Second Reading Speech

The Second Reading Speech is where the Minister explains a bill's general principles, purpose and effect to Parliament. The Second Reading Speech (along with the Explanatory Memorandum) plays an important role in the legislative process and may be taken into account by the courts when deciding the meaning or intention of an Act.

Bills are usually introduced into the lower house of Parliament, so this is where the most useful Second Reading Speeches are recorded.
Check both the Lower House and the Upper House for Second Reading Speeches.

The Second Reading Debate

After the Second Reading Speech, usually at a future sitting (to give Members time to study the bill and its effects before speaking and voting on it, and to provide the opportunity for public discussion and reaction) is the Second Reading Debate. The Second Reading Debate is where the text of the bill is considered in detail, clause by clause, and changes are proposed. Second Reading Debates can be sourced from Hansard.

Note: Hansard is the name given to transcripts of parliamentary proceedings and is the official record of parliamentary debates.
Hansard includes the transcript of the Second Reading Speech for Bills. For more information on Hansard see What is Hansard by Parliamant of WA.

Australia is signatory to a substantial number of international treaties and agreements. In foreign relations, a treaty is an international agreement concluded between states, between a state and an international organisation, or two international organisations, in written form and governed by international law.

Treaties are sometimes referred to as: ‘agreements’, ‘arrangements’, ‘covenants’, ‘conventions’, ‘declarations’, ‘exchange of letters’, ‘exchange of notes’, ‘Final Acts’, ‘General Acts’, ‘modus vivendi’, ‘protocols’ or ‘statutes'.

Treaties are a primary source of international law.

In both the Commonwealth and the Western Australian Parliaments, bills are considered by various committees during their passage through Parliament. In each House of Parliament, a Committee of the whole House considers the bill, and this is when amendments can be made. This committee process occurs after the second reading.

There are times when bills are referred to special committees (such as Select Committees, Standing Committees or Legislation Committees). These Committees publish reports containing their recommendations which can give researchers an insight into the background of a bill, areas of debate, disagreement or contention as well as any policy issues that may arise. Committee recommendations are not always accepted by Government, but the Ministerial response to these recommendations is usually made available with the reports.

For more information about Parliamentary Committees, see:

Any document tabled or presented in Parliament is ordered to be printed and made available to the public as a printed paper. This includes reports of committees and commissions, annual reports of government departments, and other documents tabled for legal requirements. Parliamentary papers are often referred to as government publications.