Parliamentary Terms and Concepts: A Comprehensive Glossary, Schemes and Mind Maps of Law

Download Parliamentary Terms and Concepts: A Comprehensive Glossary and more Schemes and Mind Maps Law in PDF only on Docsity! Parliamentary Parlance — A Glossary of Terms Aa Absentee voting Voters who cannot attend a polling place within their own electorate vote at another polling place in Western Australia on election day. Absolute majority In electoral terms, 50% plus one of the valid votes cast. Ina house of parliament, a majority of the membership of the house, whether they are present or not e.g. an absolute majority in the Legislative Assembly is 30 (out of a membership of 59) (see also Simple majority). Able to be called on to explain one’s actions. cea Ministers are accountable to parliament for actions they take while in office. Act (of Alaw made by parliament. Parliament) Abill which has passed all three readings in each house and has been assented to by the Governor. P P Amember of the Legislative Council who chairs the debate in the absence of the President Acting President (see President). Acting Speaker Amember of the Legislative Assembly who chairs the debate in the absence of the Speaker BoP! (see Speaker). A formal message to the Governor or to the Queen by a house of parliament stating the view of the house or making a request. Address The message is often in answer to the Governor's speech on the opening of a session of parliament (see Address -in-Reply), but may also be a message of congratulations, sympathy or farewell, or a request that the Governor, as a constituent part of the parliament, perform a particular action. Address-in-Reply The formal answer by each house to the Governor's speech made at the opening of each session of parliament. Adjourn To put off, postpone or defer. Adi A Thesuspension of a sitting of a house to the following or some later day. Journment The postponement of further debate on the subject immediately before the house. Adjournment An opportunity at the end of each sitting day of the Legislative Council when members Debate makespeeches about any subject on the motion to end the sitting. Administer Torun, look after or have charge of. Administration Therunning of public affairs or government. The people who run a business or government. Adult Suffrage The right of eligible adults to vote in elections. Advice Information or an opinion someone gives you to help you decide what to do. Adviser Someone who gives you advice to help you decide what to do. Amendment Achange toa bill, an Act or a motion before the house. A term sometimes used in one chamber of a two-chamber parliament to refer to the other Another Place chamber. Appropriation Abill which, when passed by parliament, will allow the government to spend money it has Bill gathered from the community through taxes and charges. Also known as ‘the Budget’. To agree or to approve. Assent The Governor assents to bills after they have been passed by the two houses of parliament (see Royal Assent). Attorney General The chief law officer of the government and the minister responsible for the management of legal affairs. Parliamentary Parlance — A Glossary of Terms Auditor-General An officer appointed by the Governor, on the advice of the Executive Council, to inspect the accounts of departments and statutory authorities in terms of their parliamentary appropriations, and then report to the Parliament. The oldest political party in Australia, formed nationally in 1902, and given its present name Australian Labor | 5 jo13 Part ae Y Along with the Liberal Party, one of the two major parties in Australia. A The collective vote of members in a house of parliament who support a proposal. yes The word used for voting ‘yes’ in parliament. Bb Those members of parliament who are not ministers, shadow ministers or Presiding Backbench(er) Officers. Theseats where such members sit. Balance of Power The ability of an independent or a minority party/group to decide an issue in a vote when no party or coalition or ‘alliance’ has a majority of members. The process by which a choice is made. Ballot How votes are gathered. The vote itself. Ballot Box The box into which voters put their ballot papers. Ballot P Apiece of paper that lists the names of candidates wanting to be elected, on which the OFF aper voter marks the name of the person or persons they want elected. Bar (of the A brass barrier inside the main entrance to each chamber and across the space between. Legislative benches leading to the floor of the Legislative Council and Legislative Assembly. Council or of the | Members can speak to their respective chambers only from within the area defined by the Legislative bar, and no one whois not a member of that house may enter that area during a sitting Assembly) except by invitation. Bells that ring to call members into the chambers at the beginning of a meeting; because a Bells vote is about to be taken; or because there are not enough members in the chamber (see Quorum). From the Latin bi, meaning ‘two’, and camera, meaning ‘chambers’ or ‘rooms’. Bicameral Having two houses or chambers, especially of a law-making body. Western Australia’s Parliament is bicameral because it has an upper and a lower house. A proposal for a new law (or statute) which has been introduced into parliament but has Bill not yet been passed. If passed and granted Royal Assent, a bill becomes an Act. Bipartisan Representing or supported by two major parties. Thesymbol of office of the Usher of the Black Rod. Thestaff of office which was carried before the Sovereign. Black Rod The Black Rod has long been seen as a symbol of authority. It is placed on the Table of the Legislative Council, before the President, when the Legislative Council is in session. Blue Copy Aversion of an Act with proposed bill amendments incorporated. Blue-Ribbon An electorate where a majority of voters usually vote for the same member or party, making (electorate) it a safe seat for that member or party. Parliamentary Parlance — A Glossary of Terms Conference of Ameeting of representatives of both houses of parliament to discuss an issue on which the Managers houses do not agree. 7" Thesupport of more than half the members of the Legislative Assembly for the government, Confidence : : a which may be shown by voting on a particular major issue. eoreeet(is The national law-making body of the United States of America, consisting of a Senate anda House of Representatives. Conscience vote A vote in parliament in which members are free to vote according to their own judgement or beliefs, and not necessarily according to the guidelines, policies or decisions of their political party. Consideration in Detail Astage in the passage of legislation in the Legislative Assembly. Occurs after the second reading stage. During consideration in detail members consider each clause of a bill, and have the opportunity to propose amendments. Constituency The electoral division or area, or the people in it, which a member of parliament represents. : Someone who votes, or lives, in an electoral district or region which a member of parliament Constituent awe represents. From the Latin constitutio, meaning ‘arrangement’ or ‘order’. A constitution is a basic set of rules by which a country or state is governed. — Australia’s Constitution is set out in the Commonwealth of Australia Constitution Act. Constitution A A - ; . ae Thereis no single document that contains the Western Australian Constitution; however, the main constitutional statutes include the Constitution Act 1889 and the Constitution Acts Amendment Act 1899. An unwritten rule or practice, or an es tablished custom, relating to the operation of a Constitutional constitution. — A meeting called to consider or draw up a constitution. The last Constitutional Convention held in Australia was in 1998, to consider whether or not Australia should become a republic. an Acountry which has a monarch, and whose powers are limited by a constitution. Monarchy Disobedience to the authority or orders of a house, or interference with or obs truction of its Contempt 7 eke work or the work of its members. One of aset of seats for members of parliament who belong to neither the government nor Crossbench th a ine i Leen : he opposition patties i.e. seats for minor parties and independents. Cross the Floor To vote against the stated position of a party for which a member was elected. C The formal term for Her Majesty the Queen, used especially in the context of the Queen now? exercising Her legal powers. ermrenprleee Aspecial exemption claimed by ministers which may allow some important papers to be kept secret (now usually called ‘public interest immunity ). Customs duties Taxes or charges placed on imported goods. Dd Deadlock When a complete impasse is reached in a parliamentary debate, or when both houses fail to agree on an issue. Debate A formal discussion in a house on a bill or other topic in which different views are put forward. Parliamentary Parlance — A Glossary of Terms Declaration of Poll An announcement of the results of voting at an election. The end of the electoral process. Delegated Legislation Subordinate or secondary law made under the authority of an Act of Parliament. As parliament delegates limited power to other bodies and persons to make delegated legislation, such as regulations, orders, determinations and rules, it does not have to go through the same stages in both houses as other legislation (see also Disallowance). Deliberative vote The normal vote of members when a question is put, as opposed to the Speaker and. President who only cast a vote when the votes are equal. Democracy From two Greek words, demos - the people, and kratein -to rule. Democracy is a way of governing a country in which the people elect representatives to forma government on their behalf. Acountry with such a government. An idea that everyone in a country has equal rights, regardless of wealth, education, gender, race, or ethnicity. Ina modern sense, a system of government where the power of the people resides in representative structures. Department / Asection of the public service that is headed by a minister, and is responsible for administering a particular area of government. For example, the Department of Health is aE responsible for all the health agencies in Western Australia. D. it Candidates must pay a deposit to the Electoral Commission when they nominate for a seat. epost Their deposit is refunded if they receive 4% or more of the valid first preference votes. Determination. Authoritative decision, rule or arrangement. Disallowance The vetoing of delegated legislation by either house of parliament, which has the effect of repealing it. Dissolution To bring to an end the life of the Legislative Assembly and to make a new election necessaly. Divisi A formal vote in the parliament, heralded by the ringing of bells, whereby members separate avision, into the ‘ayes’ on the right of the Chair, or ‘noes’ on the left, to have their votes recorded. pon The constitutional allocation of powers and functions between a national parliament and Division of - , : P government and state parliaments and governments, which forms the basis of a federal owers system of government. A vote where a voter appears to make no choice among the candidates, but numbers Donkey Vote preferences for candidates in the order in which they are listed on the ballot paper (see Preferential Voting). A pre-arranged question asked of a minister in parliament, usually by a member of the minister's own party, which allows the minister to give a prepared reply. Dorothy Dix Dorothy Dix questions usually allow the minister to portray his/her actions or the actions of , a department in a favourable way. Question. . a . . A as Dorothy Dix was a columnist in America whose advice on love and marriage was given in response to pre-planned questions and was supplied simultaneously to magazines and newspapers around the world. Ee Election The method by which citizens select their representatives for the parliament. Elector A person entitled to vote in an election or referendum. Parliamentary Parlance — A Glossary of Terms The name given to the geographical area that comprises a Legislative Assembly electorate. Electoral District | There are 59 electoral districts in Western Australia, each represented by one member of the Legislative Assembly. The name given to the geographical area that comprises a Legislative Council electorate. Electoral Region | From May 2009 there are six electoral regions in Western Australia, each represented by six members of the Legislative Council. Flectoral Roll The official list of eligible persons who may vote in a state election, which is updated on a regular basis. Electoral system. Thestructures and processes necessary to hold an election including the electoral laws, system of appointment, redistribution and voting. The area that a member of parliament represents. ag All of the people who live in an area represented by a member of parliament. oa fam Allowing something to be done which would otherwise not be permissible. Enactment The point at which an Act of Parliament becomes law. A person who, in the pre-selection process, is chosen (endorsed) by a political party/group Eee tostand as a candidate in an election. Enfranchisement | Giving to an individual or class of persons the right to vote in elections. Entrenched Asection of a constitution or legislation which cannot be repealed or amended, unless by a 1 special process, such as approval by an absolute majority of the members of each house of COMUSE the parliament and a referendum. P Thesums of money which the government proposes it will need to provide works and netitiartics services during a financial year. Estimates A - . - . Committee Parliamentary committees which meet to examine government spending proposals. Exclusive Power Thesoleright, given by the Constitution, of the Federal Parliament, as opposed to state parliaments, to legislate on certain subjects; for example, the power to make laws for the (of the Australian whole country on customs and excise duties (see also Concurrent Power and Residual Constitution) Power). The group of people from the governing party (ministers) who make policy and control Executive government departments, and who are answerable to the parliament for the way they run. government (see also Executive Council). Executive The chief executive authority of the government, comprising the ministry with the Council Governor presiding, which formalises the decisions of cabinet. Executive Power One of the three powers, along with the legislative power (parliament) and judicial power (courts). The branch of government which carries out or administers the laws. Explanatory A paper which explains the purpose and details of bills, usually in a simple and non- Memorandum technical way. Ff From the Latin foedus, meaning a ‘treaty’, ‘agreement’, ‘alliance’, or ‘league’. Federal Having to do with the national parliament or government rather than state parliaments or governments. Asystem of government in which a written constitution distributes formal authority between. Federalism acentral government and regional (states, provinces, cantons) governments, as well as the process of this system. Parliamentary Parlance — A Glossary of Terms li The protection of members of parliament and others from civil or criminal action in relation Immunity to their participation in parliamentary proceedings, and the protection of parliamentary proceedings from impeachment or question in the courts (see also Parliamentary Privilege). In camera In private or in secret. Independent Amember of parliament who does not belong to a political party. In an election, a voting paper which has not been marked in accordance with the Ca instructions on the ballot paper and is deemed invalid. Initiate (a Bill) To originate a bill in either house of parliament. In accordance with the rules, in a correct form or style, as required by parliamentary In order - ; procedure. Inquiry An investigation by a parliamentary committee. Interjection. Aremark made to interrupt, or respond to, a point during a speech. Interpretation An Act of Parliament which gives guidance as to the meaning of expressions used in other Act Acts and which gives details of procedures to be followed under other Acts. Introduce (aBill) | To bringin and formally present a bill to a house for future consideration. Ji Joint Committee Acommittee made up of members of both houses of parliament Both houses of parliament sitting together to make a decision. For example, a joint sitting is Joint Sitting held when the parliament needs to elect a new Senator (see Senate). In Western Australia, a joint sitting takes place in the Legislative Council Chamber. The power to interpret or apply the law in particular cases; one of the three powers under Judicial Power the constitution, the others being legislative power (parliament) and executive power (executive). Judiciary The branch of government concerned with the administration of justice. ul P A term used to denote the presentation of papers or items which are physically laid on the Cane ue Table of the House. Landslide An easy win in an election. Leader of the Government in The leader in the Legislative Council of the party or coalition/alliance of parties which has the Legislative formed government in the Legislative Assembly. Council ae olithg The minister who arranges and manages government business in the Legislative Assembly. Leader of the The leader of the party or coalition/alliance of parties which is the next largest after the Geen government party in the Legislative Assembly, and which is comprised of members who do not support the government. 10 Parliamentary Parlance — A Glossary of Terms Leader of the Opposition in the | The leader of the party which is the next largest after the government party in the Legislative Legislative Council, and which is made up of MLCs who do not support the government. Council Leave (of the The permission of all members present in the chamber at the time to do something which House) otherwise could not be done at that time or in that way (see also By leave). Legislation Alaw orset of laws. . . The lower house of the Western Australian Parliament. Legislative hel here th is formed. eeennt The house where the government is forme Also known as the ‘house of government’. Legislative The upper house of the Western Australian Parliament. Council Also known as the ‘house of review. Legislative power The power to make and change laws; one of three powers under the constitution, the others being judicial power (courts) and executive power (executive). eae The activity of parliament in debating, scrutinising and enacting statutes. process Merislature The law-making body of a country or a state, invested with the power of making, amending and repealing laws. Letters Patent (of the Governor) An official royal document giving the Governor authority to perform certain acts or duties. A party founded in 1944 by Sir Robert Menzies and others, which developed from the ‘Aperal Party of liberal Party of 1909, the Nationalist Party of 1917 and the United Australia Party of 1931. ustralia The Liberal Party is one of the two major parties in Australia. Lieutenant- A . . Governor The acting or deputy Governor of a state. Life (ofa The period of time from the first meeting of a Legislative Assembly to its dissolution or Parliament) expiry. Lobby Attempting to get support for a particular cause. Local The management of the affairs of a shire, municipality or town, by people who are elected in by residents of that area. overnment The people who make up such a management group, called a council. Long title (or title - . . «ofl . of a bill) The full title of a bill which sets out briefly its purpose or scope. Lower House Ahouse of a bicameral parliament, usually having more members than the upper house, and whose members usually represent electorates with similar numbers of voters. The lower house is the house in which the government of the day is formed. The lower house of the Western Australian Parliament is the Legislative Assembly. Mm Mace Thesymbol of the Legislative Assembly of Western Australia and its Speaker. Once a weapon of war shaped like a club, and the symbol of Royal authority. The Mace is carried into and from the chamber by the Sergeant-at-Amms. il Parliamentary Parlance — A Glossary of Terms Latin words meaning ‘Great Charter’. Magna Carta In the Magna Carta, King John was forced to grant many rights to the nobles in England in 1215. Maiden Speech je first speech in parliament by a newly-elected member. Nowadays often known as an. augural Speech’. P The term used in an electoral system which incorporates a weighting or bias usually on the Cee Doo basis of large differences in the number of eligible voters in electorates. The authority assumed by a party winning government, to implement policies which were Mandate : : zo a : : the subject of an election campaign; a commission to act for another. Marginal seat Aseat that is not considered ‘safe’ because the party or person who holds the seat only angina’ seal does so by a small margin. Often judged at less than 56% of the two-party preferred vote. Matter of Public Ashort, sharp debate on an issue of public importance in the Legislative Assembly. MPIs Interest (MPI) are generally introduced by the opposition and run for a total of 1 hour and 5 minutes. Message The most common form of official written communication between the houses, usually 8 delivered by the Sergeant-at-Arms and the Usher of the Black Rod. Amember of parliament who is a member of the executive (government), and who is in Minister charge of a government department. Amember of the cabinet. Ministerial Aminister's collective responsibility, as a member of the cabinet, and individual Responsibility responsibility, as the head of a department, to the parliament and through it, the people. Minorit: Government by a party or coalition of parties that does not have a majority of members in y the Legislative Assembly in its own right and therefore has to rely on the support of Grenier independents and members of other parties to retain or form government. Minor party Political parties which attract only limited electoral support and gain relatively few seats. Minutes of Co “lots a . Proceedings The official daily record of the Legislative Council's proceedings. MILA Amember of the Legislative Assembly. MLC Amember of the Legislative Council. Aking, queen, emperor, or ruler. Sometimes, too, a monarch is called a sovereign. Monarch Monarchy originally meant ‘the rule of one’, though the word has now become attached to a constitution with a hereditary head of state with the title of King, Queen, or Emperor. Money Bill A bill which appropriates revenue or moneys or imposes any form of taxation. Motion An idea or proposal put forward for consideration, debate and decision. MP A member of either house of parliament. Multi-Member An electorate that is represented in parliament by more than one member; for example, a Electorate Legislative Council region represented by six members. Nn Naming a A declaration by the Presiding Officer whereby a member who obstructs the house Memb. s business, or disobeys a ruling, can be named, and subsequently suspended from the ember proceedings for a period of time. Nation. A body of people with a common territory, similar beliefs and ways of living. 12 Parliamentary Parlance — A Glossary of Terms An opening introductory statement or series of statements to a constitution or to an Act of Preamble Parliament. It may include: certain facts necessary to bring the constitution into effect; sources of authority for the constitution; or a mission statement. A voting system whereby voters are required to cast votes in a preferential order for all Preferential candidates. The successful candidate requires an abs olute majority, or 50% plus 1 of the Voting, total valid votes. The voting system currently used to elect members of the Legislative Assembly. Premi The leader of the parliamentary party that holds a majority in the Legislative Assembly. meme The chief minister in the government of an Australian state. preroestve Therights and powers, apart from those conferred by statute, which are recognised as Powers (of the > . belonging to the Crown. Crown) President (of the Legislative The member who is elected by the Legislative Council as its Presiding Officer. Council) Amember of parliament elected to preside over, or be in charge of, the business proceedings Presiding Officer and administration of a house of parliament. 8 In the Legislative Council the Presiding Officer is called the President and in the Legislative Assembly, the Speaker. Press Gallery The journalists who report the parliamentary proceedings for the media. The gallery above the chamber set aside for their use. Pressure Group Agroup of people with a common interest or issue, who seek to influence government without themselves aspiring to direct political representation. Prime Minister The head of the federal government. Private Member’s Bill A bill introduced by any member as an individual and who is not a government minister. An official public announcement made by the Governor and published in the Government Proclamation Gazette P Asystem of voting designed to allocate seats in a multi-member electorate in proportion to Proportional 7 7 - a R ar the number of votes cast for each candidate or party. epresentation The voting system currently used to elect members of the Legislative Council. Prorogue (the To enda session of parliament and so discontinue meetings of the houses until the next Parliament) session. Public Gallery The seated area above the chamber from which the public can watch the parliamentary proceedings. Public service Government departments and the staff employed in them, who are responsible for putting into effect government policy and decisions and legislation passed by parliament. Qq Queen The Monarch of the United Kingdom. Australia’s Head of State. Question on Notice Awritten question asked of a minister which is answered in writing. Question Time Aset, daily period of time in the parliament providing an opportunity for members to ask questions of ministers without notice, concerning their portfolios. 15 Parliamentary Parlance — A Glossary of Terms Question without Notice Question asked orally of a minister at Question Time where the minister usually has no warning of the content of the question. The minimum necessary number of members needed to be present in the chamber for the Soa conduct of parliamentary business. The number of votes required by an individual candidate under the proportional Quota representation system used in Legislative Council elections. Rr Abill has to be agreed to at each of its three formal stages to progress through each house: First Reading - on the introduction of the bill; Second Reading - debate on the bill's underlying principles; and Readin f Third Reading - consideration of the bill after committee or consideration in detail, and the B il) Bs (ofa final stage prior to the bill being passed in that house. In the House of Commons, before the invention of printing, the only practicable means of informing members of the contents of a bill was for the Clerk to read it aloud from beginning to end, and this was done three times. Nowadays, the Clerk in each case merely reads the long title of the bills. Recess The period between prorogation and the commencement of a new session. Redistributi Anew division of an area into electorates with the result that boundaries of some existing eerste aton. electorates are moved. From the Latin referre, meaning to ‘carry back’, report’, or ‘refer for consideration’. A Referendum referendum is a method of referring a question or set of questions to the people. In Australia, areferendum is usually a public vote on a proposed plan to change Australia’s Constitution. The main form of delegated legislation and which are subsidiary laws made by ministers Regulations under the authority of Acts of Parliament and approved by the Governor in Executive Council. Repeal To revoke or withdraw formally. Representative Asystem of government in which elected representatives represent members of the wider democracy community and participate in the decision-making process on their behalf. Reserve Power A power that may be exercised under certain circumstances by the Governor to restrict, refuse or override the authority of the elected government. Residual Power Areas of law-making that are not mentioned in the Australian Constitution, which are (of the Australian | therefore assumed to be the sole jurisdiction of thestates (see also Exclusive Power and Constitution) Concurrent Power). P An expression of the opinion of the house or of its intention to take a certain course of Resolution. . action. A political system in which ministers are drawn from the parliament, have the ‘confidence’ Responsible or support of the lower house and are responsible to the parliament for the administration Government of their portfolios. Moreover, the Governor by convention accepts the advice of the Premier of the day. The final s tage by which a bill becomes an Act when the Governor, as the Queen's Royal Assent ae - a " representative, accords it formal approval. Royal A peison or persons appointed by the executive (under the authority of the Governor) to Commission inquire into and report on a matter of public concer. 16 Parliamentary Parlance — A Glossary of Terms Aruling is a decision or determination made by the Presiding Officer on a matter to do with Se the business or operation of the house. Ss Saf a An electorate in which the support for a member or party is such that the member or e Sea representative of that party is very likely to be elected (see Blue Ribbon (electorate)). Seat Amember’s electorate; or a member's position in the legislative chambers. Secede To withdraw or break away from a federation. Sometimes the word ‘secession’ is used. Second reading Thestage in parliament at which the underlying principles of a bill are debated. First introduced in Australia in 1856, a system by which electors are entitled to privacy when casting their votes. Secret ballot Asystem where votes are cast privately and without the possibility of knowing for whom individual people voted. It is known in the United States and Canada as the ‘Australian ballot’ because it was first introduced in Victoria and South Australia in 1856. Select Committee Agroup of members from either house or both houses, appointed to inquire into and report ona particular subject. Aselect committee ceases to exist when it has made its final report to the house or houses of parliament. Self-government A form of government under which all members of parliament are elected. Senate The upper house of the Federal Parliament of Australia. Senator Amember of the upper house of the Australian Federal Parliament. Sergeant-at-Arms An officer of the Legislative Assembly who is res ponsible for keeping order in the House and its precincts, as directed by the Speaker. The Sergeant-at-Amms escorts the Speaker into the House carrying the Mace. Session A parliamentary period which starts on the first day of sitting after an election or prorogation and ends at a prorogation or dissolution of the Legislative Assembly. Sessional Orders Temporary orders governing the conduct of proceedings for a session, eg. sitting days and times. Shadow Minister An opposition frontbencher who is the party spokesperson for an area of responsibility that iatches a minister’s portfolio. Together, shadow ministers are known as the ‘shadow ministry’. The Member is said to shadow’ the appropriate Minister. Shire (in W A) A district requires at least 20 persons who are ratepayers before it can apply to be called a shire. Simple majority In parliament, a simple majority is more than half of the total votes of the members present and voting. Ameeting of a house of parliament. Also a period of meeting e.g. the two periods in the year when the Legislative Assembly and Sree) the Legislative Council meet, usually between February and June (the autumn sitting) and between August and December (the spring sitting). Soe a the The member who is elected by the Legislative Assembly as its Presiding Officer. Legislative Assembly) 17