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Year 10 Civics & Citizenship · Government and Democracy · 10m read

How Laws Are Made and Changed

Ever wondered why some laws get passed while others don't, or how you could actually change a law you think is unfair? Laws don't just appear—they go through a specific process in parliament where MPs debate, vote, and refine them until they become official rules. Knowing how this system works helps you understand the news better, participate in democracy more effectively, and realize you have real power to shape the society you live in.

Learning objective: Explain the law-making process and how laws change in a democracy.

By the end of this lesson you can:

  • I can trace the path of a bill through Parliament.
  • I can explain how citizens can influence law-making.
  • I can describe how delegated legislation works.

Lawmaking is a recipe with many taste-testers. A bill is drafted, then tasted and tweaked by both houses and committees before the Governor-General signs off. Courts and referendums can change the recipe later.

The law-making process

HOW A BILL BECOMES LAW (Federal):
1. DRAFTING: Parliamentary Counsel drafts the bill.
2. INTRODUCTION: Tabled in either the House of Representatives or Senate.
3. FIRST READING: bill is introduced and printed.
4. SECOND READING: Minister explains the bill; debate on principles.
5. COMMITTEE STAGE: clause by clause examination; amendments possible.
6. THIRD READING: final vote in original chamber.
7. OTHER CHAMBER: repeats the same process.
8. ROYAL ASSENT: Governor-General signs the bill into law.
9. COMMENCEMENT: the Act takes effect.

TYPES OF LEGISLATION:
• ACTS OF PARLIAMENT: primary legislation — full parliamentary process.
• DELEGATED LEGISLATION: regulations, by-laws made under authority of an Act.
– More flexible; doesn't need full parliamentary debate.
– E.g., Minister sets specific standards under a broad Act.
– Scrutiny by parliamentary committees.

HOW CITIZENS INFLUENCE LAW:
• ELECTIONS: vote for representatives who share your values.
• PETITIONS: formal requests to Parliament.
• PUBLIC SUBMISSIONS: many bills open for public comment.
• LOBBYING: advocacy groups (AMA, ACTU, environmental groups).
• MEDIA CAMPAIGNS: generating public pressure.
• LEGAL CHALLENGES: courts can strike down unconstitutional laws.
• PROTEST: peaceful demonstration.

LAW REFORM:
• ALAB (Australian Law Reform Commission): independent body recommending law updates.
• ROYAL COMMISSIONS: major public inquiries into failures (Aged Care, Banking).
• Public scandals often trigger law reform (e.g., banking Royal Commission → AFCA, higher penalties).

AARI TIP: Ask Aari to trace the path of a specific recent bill through the Australian Parliament.

Law-making essentials

  • Bill → Act: A bill is a proposal; it becomes an Act after Royal Assent.
  • Senate = brake: The Senate can amend or reject bills — acts as a check on the House.
  • Delegated legislation: Most detailed rules come from ministerial regulations, not Acts.

Quick reference

| Stage | Detail |
|---|---|
| First reading | Bill introduced |
| Second reading | Debate on principles |
| Committee stage | Detailed review |
| Third reading | Final vote |
| Other house | Same process |
| Royal Assent | Becomes an Act |

Worked example (Medium)

How did the 2019 Banking Royal Commission lead to law changes in Australia?

  1. Inquiry. The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Commissioner Kenneth Hayne, 2017-19) heard evidence of widespread misconduct — fees for dead clients, false statements, predatory lending.
  2. Recommendations. The final report made 76 recommendations for law reform and regulatory change.
  3. Legislative response. Parliament passed numerous amendments to financial services laws; ASIC and APRA powers strengthened; compensation requirements expanded; new crime of "financial abuse."
  4. Mechanism. Public inquiry → media attention → political pressure → legislative change. Shows how evidence of systemic failure, exposed through due process, drives law reform.

Answer: Royal Commissions illustrate the full law reform cycle: evidence gathering → public pressure → parliamentary response → legislative change.

Worked example (Hard)

Trace the pathway by which the Australian Consumer Law (ACL) was created, identifying how delegated legislation operates within this framework.

  1. Identifying the need. Before 2011, each state and territory had separate consumer protection laws, creating inconsistency and confusion for businesses operating nationally. The Productivity Commission recommended a single national framework.
  2. Legislative process. The Competition and Consumer Act 2010 (Cth) was introduced as a bill, debated in both chambers of Parliament, amended in committee stage, and received Royal Assent. Schedule 2 of this Act contains the Australian Consumer Law.
  3. Delegated legislation. The Act grants the Minister power to make product safety regulations without returning to Parliament each time. For example, mandatory safety standards for children's toys, electrical appliances and cosmetics are set through delegated legislation — more flexible and faster than amending the Act itself.
  4. Scrutiny. Parliamentary committees (Senate Standing Committee on Regulations and Ordinances) review delegated legislation to ensure it stays within the authority granted by the Act — an essential democratic safeguard against executive overreach.

Answer: The ACL shows how primary legislation (Act of Parliament) creates the framework, while delegated legislation provides flexible, detailed rules — both subject to democratic scrutiny.

Common mistakes

  • Saying the Governor-General "decides" whether to sign a bill into law Royal Assent is a constitutional formality in Australia — it is always granted once both chambers pass the bill. The Governor-General does not exercise independent judgement. Fix: Write "the Governor-General grants Royal Assent as a constitutional formality" or "the bill receives Royal Assent, completing the legislative process."
  • Confusing delegated legislation with Acts of Parliament Delegated legislation (regulations, by-laws) is made by ministers or government bodies under authority granted by an Act. It doesn't go through the full parliamentary process. Fix: Always specify: "The Act of Parliament sets the framework; delegated legislation (regulations) fills in the detail under ministerial authority."
  • Listing mechanisms for citizen influence without evaluating their effectiveness Year 10 expects analysis, not just description. Simply listing petitions, protests and elections doesn't demonstrate understanding of how well they work. Fix: For each mechanism, add an evaluation: "Petitions are accessible but not binding — Parliament can acknowledge and ignore them. They are most effective when combined with media campaigns and electoral pressure."

Why law reform is slow — and why that might be a feature, not a bug

Students often express frustration that law reform is slow. The Banking Royal Commission reported in 2019, yet some recommendations remain unimplemented years later. Marriage equality took over a decade of advocacy. Constitutional change has succeeded only 8 times in over 120 years.

But this slowness is partly by design. Democratic law-making deliberately includes multiple checks and balances — two chambers of Parliament, committee scrutiny, public consultation, Royal Assent — specifically to prevent hasty, poorly considered laws. History shows that rushed legislation often creates more problems than it solves: the Northern Territory Intervention (2007) was enacted rapidly with limited consultation and remains deeply controversial.

The tension is real: democratic deliberation takes time, but injustice also has a cost. People harmed by unjust laws cannot wait indefinitely for reform. The challenge for democratic systems is balancing thoroughness (ensuring laws are well-designed and broadly supported) with responsiveness (addressing genuine harms promptly).

Australia's system manages this tension through multiple pathways: urgent bills can be fast-tracked through Parliament; delegated legislation allows rapid regulatory response; and the courts can provide immediate remedies for individual injustices while broader reform proceeds. Understanding this architecture — and its imperfections — is central to Year 10 civic literacy.

Practice questions

  1. A bill requires "Royal Assent" as the final step because:

    1. The King must personally approve all laws.
    2. The Governor-General signs as the formal constitutional representative of the Crown, completing the legislative process.
    3. The Senate must review all laws one final time.
    4. The High Court confirms the law is constitutional.

    (1 marks)

  2. Evaluate the effectiveness of public petitions as a mechanism for citizen influence on law-making.

    (3 marks)

Summary

  • Trace the path of a bill through Parliament.
  • Explain how citizens can influence law-making.
  • Describe how delegated legislation works.

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