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How Systems Work

Who Gets to Propose Laws? (And Who Doesn't)

Ages 12–16 25 min read Intermediate

In theory, anyone can suggest a law. In practice, the power to actually propose and pass legislation is concentrated in very few hands. Understanding who has this power — and who doesn't — reveals a lot about how democracy works.

Who Can Introduce Bills?

Government Bills

The vast majority of bills — approximately 90% — are introduced by the government (the party in power). These are called "government bills" and are drafted by the government with departmental resources.

Private Members' Bills

Any MP or Senator can introduce a "private member's bill." These rarely pass without government support, but they can raise awareness and pressure the government to act. High-profile examples include attempts to legalise same-sex marriage and euthanasia, which started as private members' bills.

Senate Bills

Bills can be introduced in either house, with one exception: money bills (taxes and spending) must start in the House of Representatives.

Who Can't Introduce Bills?

  • Citizens: Unlike some countries (e.g., Switzerland with citizen-initiated referendums), Australian citizens cannot directly introduce legislation.
  • The Governor-General/King: The head of state gives "Royal Assent" (approval) but does not propose laws.
  • Judges: Courts interpret laws but cannot create them (though judicial interpretation effectively shapes law).

The Power Imbalance

Since the government controls 90% of bills AND typically holds a majority in the House of Representatives, the governing party has enormous control over what becomes law. The Senate provides a check — the government often doesn't have a Senate majority and must negotiate with crossbenchers and minor parties.

This is why Senate elections and crossbench senators have outsized influence on Australian politics. A few independent senators can determine whether major legislation passes.

Tonight's Question

"Should citizens be able to propose laws directly, like they can in Switzerland? What would be the benefits and risks?"

Track a Bill

  1. Visit aph.gov.au and find a bill currently before Parliament.
  2. Read the summary: what problem does it address?
  3. Who introduced it? Government or private member?
  4. What stage is it at? Has it passed one house?
  5. Track its progress over the coming weeks.
  6. Discuss: do you agree with the proposed law?

Go Further

  • Research: Switzerland's citizen initiative system — how does it work?
  • Website: OpenAustralia (openaustralia.org.au) — track what happens in Parliament.
  • Question: Is it a problem that the government controls 90% of legislation? Should there be more private members' bills?
  • History: How did the Marriage Amendment Act 2017 (same-sex marriage) progress from idea to law?

What We Simplified

  • Delegated legislation is significant. Much regulation is made through "delegated legislation" (regulations, rules, and instruments) that doesn't go through the full parliamentary process.
  • State parliaments also make laws. Many laws affecting daily life (education, health, police) are state laws, not federal.
  • Private members' bills do sometimes succeed. The Voluntary Assisted Dying Act in Victoria began as a cross-party initiative.

Sources

  • Parliamentary Education Office. "Bills and Laws." PEO
  • OpenAustralia Foundation. openaustralia.org.au
  • Parliament of Australia. "Senate Briefs." APH

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