P&L Examples

In 2016, WA Senator Dean Smith became one of the first people in the Liberal party to openly support same sex marriage, representing his electorate's beliefs. This led to many people becoming open to the idea and eventually legislation allowing same sex marriage across australia.

In 2017, Mr Tony Abbott chose to vote no on the Marriage amendment bill (same sex marriage), despite the fact that his electorate of Warringha had voted overwhelmingly in support of same sex marriage (75%).

In 2017, the Turnbull Government attempted to amend Section 18C of the "Racial Discrimination Act (1975)" by removing the words "offend, insult or humiliate" and replacing them with "harass". However, the Labor Senators, as well as the Senate crossbench (including the Greens, Nick Xenophon Team [NXT] and Jacqui Lambie, who held the balance of power), both argued and voted against this bill and thus prevented it from becoming an Act.

Only 30 Private Member Bills haves passed Parliament since 1901, showing how limited a forum of debate is in the Parliament house.

In 2017, the Turnbull Government attempted to amend Section 18C of the "Racial Discrimination Act (1975)" by removing the words "offend, insult or humiliate" and replacing them with "harass". However, the Labor Senators, as well as the Senate crossbench (including the Greens, Nick Xenophon Team [NXT] and Jacqui Lambie, who held the balance of power), both argued and voted against this bill and thus prevented it from becoming an Act.

The legislative function has been in decline due to the widely limited ability of the parliament to create legislation. For example, Parliament sits for approximately 36% of the year meaning that legislation can only be passed in that specific time period.

In 2021, Christian Porter accepted an anonymous donation for legal fees which became a conflict of interest and breached the Ministerial Code of Conduct. Due to this, Porter resigned from the Frontbench (as Minister for Industry & Science) to the Backbench.

In 2017, Liberal Senator Michaelia Cash, the Employment Minister, after misleading the Parliament during a Senate Est Committee hearing refused to resign. Since the PM supported her, she retained her position.

Bridget McKenzies, after resigning from the front bench due to the sports rort affair (targeted funding of sport clubs in marginal electorates), was reappointed to the front bench as Infrastructure minister by Deputy PM Barnaby Joyce.

In 2017 Australian post chairman John Stanhope was called to appear at An estimates hearing to justify, Australia post boss Ahmed Fahours salary of 6.3 million. Senate estimates were able to review and scrutinise government business, Fahour resigned and the prime minister Malcom Turnbull responded by starting a full review of financial payments in executive department

--> In 2020, a Senate Estimates Committee conducted an investigation and hearing into Services Australia's "Robodebt" scheme, whereby it issued invalid debt notices to many welfare recipients from 2016-19.
--> This program was found to be unlawful and, in response to much public pressure, the government paid $720m worth of compensation to the welfare recipients in question.
--> Due to this committee report, the Govt was held accountable as public pressure resulted in them paying $720m in compensation

--> A policy that involves offshore processing in a place & then removal of the IMAs to a declared country under s198A of the Migration Act 1958.
--> s198A of Migration Act allows the Minister to order the removal of asylum seekers, by meeting a test, one of it being meets human rights standards in provding protection
--> The HCA held that the Gillard Govt's proposal to send unwanted asylum seekers to Malaysia was illegal. This was illegal under s198A of the MigrationAct as Malaysia was not bound to protect human rights as it was not a signatory to any conventions or had domestic law protecting human rights of refugees.

"Engineers Case" (1920)
A HC case in which the Amalgamated Society of Engineers challenged the ability of different States to grant varying award wages from one another, under Section 51 (xxxv), which governs industrial relations. The HC ruled in their favour, upholding the ability of the CP to legislate to create a national award wage. The CP thus gained legislative power in this area at the expense of the States, shifting the federal balance in its favour.

"Tasmanian Dam" (1983)
A HC case in which the Tas Govt challenged the validity of the CP's "World Heritage Properties Conservation Act" (1983), which codified the UN's "World Heritage Convention", under Section 51 (xxix) - the external affairs power. However, the HC ruled in the CP's favour, reaffirming its ability to ratify binding international law. This further shifted the federal balance land management powers of States, impeding upon their legislative powers.

Spence v QLD (2019)
--> In 2018, QLD made ammendments to their electoral laws stating that property developers couldn't donate to registered political parties. Later, the CMW made an ammendment to it's electoral law adding a new clause - 302CA that allowed for donations to political parties which could be used at a state level - bypassing state.
--> Spence, argued that QLD law was invalid because it clashed with CMW law and hence s109 came into play.
--> QLD argued that their law was valid since it is within their state powers to control state elections. QLD argued the 302CA clause was invalid because it affected state powers in controlling donations which may impact a state level.
--> The H.C. dismissed Spence and upheld QLD's arguement, meaning that clause 302CA was invalid, hence ruling that State have the ability to regulate their elections.

"WorkChoices" (2006)
A HC case in which various States challenged the CP's "Workplace Relations Amendment (WorkChoices) Act (2005)", which used Section 51 (xx) - the corporations power - as a head of power to hereby impede upon the ability of unions to operate for "constitutional corporations". However, the HC ruled in the CP's favour, upholding this as a valid head of power and thus shifting the federal balance further in this institution's favour.

"First Uniform Tax Case" (1942)
A HC case in which the States challenged the constitutionality of CP legislation which effectively eliminated their ability to collect income tax (primary source of revenue), including the "Income Tax Assessment Act (1942)", which forced State residents to pay a federal income tax before any State version thereof. The HC was asked to interpret Section 51 (ii) - the taxation power - and it ruled in the CP's favour. Consequently, the VFI was significantly expanded and the States were now forced to rely increasingly on Commonwealth grants (s. 96) for sufficient funding to finance their spending obligations.

"Ha v New South Wales (NSW)" (1997)
A HC case in which the plaintiff, Ha, challenged the constitutionality of the NSW Government's "Business Franchise Licenses (Tobacco) Act" (1987), which legally required businesses to possess a bought license to sell tobacco products, under Section 90 of the Constitution. The HC ruled in Ha's favour, interpreting this as an excise (the imposition of which is an exclusive power of the CP). Thus, another financial power of the States was removed, shifting the federal balance in the CP's favour and increasing the VFI.

Shift in Financial Power Towards States:
Due to the COVID pandemic, the Federal govt has provided the State govts with the necessary economic support upon request (most cases) with little limitations on how to spend the. This shows how the States have gain slightly more independency as their expenses are not being closely monitored by the Federal govt.

Express rights:
-->s80 = jury trial
--> s51xxxi = just compensation for acquisition of land
--> s116 = freedom of religion
--> s117 = discrimination from state
--> s92 = free trade

Implied rights:
--> rowe, roach and theophanous & lange v abc

Sex Discrimination Act (1984)
McBain v State of Vic (2000) (Upholding SDA)
--> Dr McBain, a gynaecologist was prevented under Victorian law, in 2000, from assisting Ms Meldrum, a single woman, to conceive using IVF treatment.
--> Dr McBain argued that this Victorian law (IVF Amendment Act) was inconsistent with the SDA, which prohibited discrimination on the basis of marital status.
--> In the Federal Court, Justice Sundberg agreed with Dr McBain as he ruled that the IVF treatment was a “service” & “Ms Meldrum had been discriminated against solely because she was single”.
--> The impact of this was that it invalidated Victoria’s IVF Amendment Act,

Disability Discrimination Act
Berry v State of SA (2017) (Upholding DDA)
--> Ms Berry, a SA police officer suffered from endometriosis (extreme period pain) & claimed she had been discriminated against by her employer due to her ‘disability’ as she had been denied work leave.
--> This was brought to the Federal Circuit Court where the justice Natalie Charlesworth ruled that endometriosis could be classified as a ‘disability’ under the act, and accordingly ruled that the SA Police had breached the Act.
--> Without the DDA, Ms Berry would not have been able to obtain any help in terms of leave & with the Circuit Court’s interpretation of the DDA, the Act was amended to define diseases like endometriosis.

Mabo (1992)
--> led to aboriginal land rights
--> led to timber creek

Dietrich (1992)
--> right to legal representation

Article 3, s2 = jury trials

Bill of Rights:
--->1st = freedom of religion, speech, press, assembly & petition
---> 4th = search/arrest warrants not issued without probable cause
---> 5th = right to silence in circumstances of self incrimination
---> 6th = right to fair trial
---> 7th = jury trial in civil cases according to common law
---> 14th = all US citizens recieve protection & cannot be taken away or denied

Civil Rights Act (1964)

Voting Rights Act (1965)

Civil Liberties Act (1988)

NY Times vs US (1971) = protection for freedom of press

Roe vs Wade (1973) = right to privacy (abortion)

Riley vs California (2014) = warrant to search digital info on phone

Medevac

ABCC

Carbon Tax (2011/12)

Sex Discrimination Act Amendment (2021)

Limiting Judicial Discretion through Mandatory Sentencing

GetUp! v Elec Comm (2013)

Rowe v Elec Comm (2010)

Equal Marriage Act (2016/17)

Roach v Elec Comm (2007) (funded by the Human Rights Commission) --> set a legal precedent on the right to vote under s7 & s24 of the Constitution of prisoners less than 3 years in jail

Moreover, Hansard further holds both Houses of Parliament to a larger extent as all speeches and debates are published.

Standing orders can simply be amended or even suspended through a simple majority (which is highly possible in the HoR due to executive dominance). Suspension of

Question time refers to the ability of private members to ask questions without notice to Ministers. In theory, this process of asking question may sound to be quite effective, however, in practice it is not achievable. Due to executive dominance the HoR is able to limit or impede question time by gagging or guillotine these questions. An example of the government govt doing this is during the Education Amendment Bill 2020, where a green's member time for questioning was limited by the executive.

In 2020, the Senate Standing Committee of Senators' Interests investigated National's Senator Bridget McKenzie and found that she had failed to declare a conflict of interest regarding her membership of a shooting club which received $40k worth of donations. She subsequently resigned from the Ministry but, as a member of the government who did not face pressure from the PM, was not further punished.

In 2016, Senator Derryn Hinch 'named and shamed' sex offenders which were otherwise protected by privileged information, by using his parliamentary Privilege. The Privileges Committee viewed Derryn Hinch had not breached parliamentary privilege - hence not holding Hinch to account.

Citizenship Crisis: In 2017, 6 senators and 1 MHR were all disqualified from parliament by the High Court, which was sitting as the court of disputed returns, due to not correctly meeting requirements of s44(i) of CMW const. Judiciary kept parliament accountable under the constitution & demonstrated the ability of the court in changing the composition of parliament.

In the case of "Williams 2 (2014)", the HC struck down the CP's "Financial Management and Accountability Amendment (2014)", whereby it used Section 51(xxiiiA) - which permits the CP to legislate in areas that benefit students - as a head of power to continue its funding of the National Schools Chaplaincy Program (NSCP). The HC interpreted the word "benefit" in such a way that it required students to receive a measurable aid and that the payment of an intermediary (in the form of a chaplain) was deemed not to come under this definition, making this an invalid head of power.

McGlade (1) vs Native Title Registrar (2017):
--> In 2017, the McGlade litigants argued that all people of the native title group should sign Indigenous Land Use Agreements.
--> The court had to consider whether the ILUA was valid even though not all individuals had signed it.
--> The Federal Court ruled that it was not valid under the native title act.
--> In response to this, the Turnbull govt, passed the NTA Amendment Act to override the ruling of the FCA to provide clarification on the authorisation of an ILUA.
--> Through this overriding of the FC's decisions, it shows that there are limitations to holding the parliament to account due to parliamentary superiority.

In the 2016 election, Tasmanian Liberal Senator Richard Colbeck was demoted to the fifth spot on the voting ticket and was subsequently removed from office by the electorate. This was due to his support of Malcolm Turnbull in his leadership spill against Tony Abbott and failure to support same-sex marriage.

Voters chose to re-elect the Coalition government, with them attaining 1 extra seat (77) compared to previously in 2016. Along the same lines, voters unhappy with the Labor Party chose not to vote them in comparison to the Coalition party, resulting in them losing one seat and having a negative 1.17% swing against them. Tony Abbott lost his seat to independent Steggal, thus ensuring accountability. Tony Abbott did not represent the electorate's beliefs in issues like same-sex marriage and Climate change.

In the 2019 Election, Barnaby Joyce, accused of many sexual allegations was not held accountable by his electorate, receiving a 2.5% towards him. This inability of the electorate to hold him accountable shows the flaw of elections - people do not have a great memory and care more about the politics than the person.