HASS · Year 7 · Civics and Citizenship · Term 4

From Bill to Law: The Legislative Process

Students will trace the journey of a bill through the Australian federal parliament, from its introduction to becoming an Act of Parliament.

• ACARA Content Descriptions
• AC9C7K03

About This Topic

The Australian legal system is designed to provide justice and resolve disputes fairly. This topic explores the different types of law, 'Criminal Law' (crimes against the state) and 'Civil Law' (disputes between individuals), and the hierarchy of the court system, from the Magistrates Court to the High Court of Australia.

Students investigate the importance of an 'Independent Judiciary' (judges who are not controlled by the government) and the role of the 'Jury' in ensuring that ordinary citizens are involved in the justice process. This connects to curriculum themes of justice and the legal system. This topic comes alive when students can engage in 'Mock Trials' or use collaborative investigations to 'solve' a legal case using the principles of 'beyond reasonable doubt' or 'balance of probabilities'.

Key Questions

1. Explain the stages a bill must pass through to become a law in Australia.
2. Analyze the role of the Senate in scrutinising and amending proposed legislation.
3. Predict how public opinion might influence the law-making process.

Learning Objectives

• Explain the sequential stages a bill must pass through to become an Act of Parliament in Australia.
• Analyze the role of the Australian Senate in scrutinizing and amending proposed legislation.
• Evaluate the potential impact of public opinion on the passage of a specific bill.
• Identify the key players involved in the legislative process at the federal level.

Before You Start

Structure of Australian Government

Why: Students need to understand the basic divisions of power (legislative, executive, judicial) and the roles of the House of Representatives and the Senate before learning how laws are made.

Democracy and Citizenship

Why: Understanding the concept of representative democracy and the rights and responsibilities of citizens is foundational to comprehending how Parliament represents the people.

Key Vocabulary

Bill	A proposed law that has been presented to Parliament but has not yet been passed. It must go through several stages before it can become law.
Act of Parliament	A bill that has been passed by both houses of Parliament and has received Royal Assent, officially becoming law.
Scrutiny	The careful examination of a bill by Parliament, particularly the Senate, to identify any flaws, unintended consequences, or areas needing amendment.
Amendment	A change or addition made to a bill during its passage through Parliament. Amendments are proposed by members of Parliament.
Royal Assent	The formal approval of a bill by the Governor-General, acting on behalf of the King, which is the final step for a bill to become an Act of Parliament.

Watch Out for These Misconceptions

Common Misconception

The 'guilty' person has to prove they are innocent.

What to Teach Instead

In Australia, the 'burden of proof' is on the prosecution; you are 'innocent until proven guilty'. Role-playing the 'Defense Lawyer' helps students see the importance of this protection.

Common Misconception

Judges work for the Prime Minister.

What to Teach Instead

Judges are independent so they can make fair decisions even if the government is involved. Peer discussion of 'The Independent Umpire' helps students understand why this is essential for a free society.

Active Learning Ideas

Mock Trial: The Case of the Missing Laptop

Assign roles: Judge, Lawyers, Witnesses, and a 12-person Jury. Students must present evidence and cross-examine witnesses. The Jury must then deliberate in private and deliver a verdict, learning the 'burden of proof' in a criminal case.

60 min·Whole Class

Inquiry Circle: Civil vs. Criminal

Groups are given 10 scenarios (e.g., 'A robbery', 'A broken contract', 'A car accident', 'A noise complaint'). They must categorize them as 'Civil' or 'Criminal' and explain which court they would likely go to and what the 'punishment' might be.

40 min·Small Groups

Think-Pair-Share: Why have a Jury?

Students discuss: 'Would you rather be judged by one expert judge or 12 random people from the street?'. They share the 'pros and cons' of the jury system with a partner.

20 min·Pairs

Real-World Connections

• Students can follow current debates in the Australian Parliament, such as proposed changes to environmental regulations or education funding, to see how bills are introduced and debated in real time.
• Investigate the work of a Parliamentary Librarian or a policy advisor who researches and analyzes proposed legislation for members of Parliament, helping them understand the implications of new laws.
• Research a historical bill that was significantly amended or rejected by the Senate, like aspects of the carbon tax legislation, to understand how parliamentary debate and public pressure can shape laws.

Assessment Ideas

Quick Check

Provide students with a flowchart template of the legislative process. Ask them to fill in the key stages a bill must pass, from introduction to Royal Assent, and briefly describe the main action at each stage.

Discussion Prompt

Pose the question: 'Imagine a bill is proposed to ban single-use plastics. How might public opinion, expressed through petitions or media campaigns, influence the Senators who will vote on this bill?' Facilitate a class discussion where students share their predictions and reasoning.

Exit Ticket

Ask students to write down one specific power the Senate has in the law-making process and one example of how public opinion could potentially affect a bill's journey through Parliament.

Frequently Asked Questions

What is the difference between Civil and Criminal law?

Criminal law deals with actions that are seen as harmful to society (like theft or assault) and are punished by the state. Civil law deals with disputes between individuals or businesses (like a broken contract or a property dispute) and usually results in compensation being paid.

How does a Jury work in Australia?

A jury is a group of 12 ordinary citizens chosen at random. Their job is to listen to the evidence in a trial and decide on the 'facts' of the case, specifically, whether the accused person is 'guilty' or 'not guilty'.

How can active learning help students understand the legal system?

By participating in a 'Mock Trial', students move from 'watching' justice to 'doing' justice. They feel the pressure of making a decision that affects someone's life, which helps them understand the importance of evidence, fairness, and the 'rule of law' in a way that a textbook cannot.

What is the High Court of Australia?

The High Court is the most powerful court in Australia. Its main job is to interpret the Constitution and to hear 'appeals' from other courts. Its decisions are final and apply to the whole country.