Legislation

The legislative process is the process by which laws are created in Parliament. In Australia, the power to make legislation is divided between the Commonwealth and the States. The process is similar for both Commonwealth and Western Australian legislation: 

1. An Act starts its life as a proposal which comes from a variety of sources, including, but not limited to, Cabinet, a Government Department, the Law Reform Commission, or from a Royal Commission. 
2. The proposal becomes a Bill, which is introduced to the Legislative Assembly 
3. After passing the Assembly, the Bill is introduced to the Legislative Council
4. Bills may also be referred to Committee where necessary
5. After a Bill passes all its parliamentary stages, it eventually becomes an Act.  
6. An Act can subsequently be changed by other amending Acts and have subordinate legislation made under its provisions.

To be a competent legal researcher, you need to have an understanding of all these materials and processes. See the diagram below for a more thorough explanation of legislative materials and processes.

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For more information, see:

• Parliament of Australia Infosheets; see Infosheet 7 - Making Laws.
• Parliament of Western Australia Factsheets; see About Parliament 18 - Passage of Legislation.

The Western Australian Legislative Process

• The Parliament of Western Australia is bicameral, which means it has two legislative chambers.
• The lower house is called the Legislative Assembly, members of which are known as Members of the Legislative Assembly, so you will see the abbreviation MLA after their names. The political party which holds the majority of seats in the Legislative Assembly forms the state government.  The Premier (the head of the State Government) sits in the lower house.
• The upper house is called the Legislative Council, members of which are known as Members of the Legislative Council, so you will see the abbreviation MLC after their names.
• Hansard is the name by which the official edited transcripts of parliamentary debates and committee proceedings is usually known.
• Extrinsic materials are those materials which do not form part of an act but which may assist in the interpretation of the act. Such materials include, among many other things, second reading speeches, explanatory memoranda and parliamentary committee reports.
• For an Act to become law, it is first drafted by the relevant government department, then given to the relevant Minister to introduce to Parliament. Private members (backbenchers) of Parliament can also introduce private members’ bills.
• When drafted and introduced to parliament, the document is known as a Bill. It has an accompanying volume, called the Explanatory Memorandum, which explains the Bill.
• The Minister introduces the Bill, with the First Reading Speech. The normal flow of the legislative process is that a bill is introduced into one of the two houses by a minister or member, giving the First Reading Speech.
• The Minister then gives a Second Reading Speech, where they explain the purpose of the Bill (it is basically a sales pitch to convince the other politicians to vote for passing this Bill). Members can ask questions about the Bill, such as its impact, cost to implement, etc. The Second Reading Speech is recorded in Hansard.
• The Bill must then pass through a number of stages before it is transmitted to the other house for its agreement (concurrence). If agreed to by the other house, it is then given the royal assent by the Governor.
• The Bill then becomes an Act of Parliament.