Structure and Roles of Parliament and the Crown - TCE Legal Studies (Tasmania)
“Describe the structure of bicameral parliament and the roles of the two houses, the Cabinet and the Crown.”
Australian parliaments are bicameral, meaning they have two houses. The lower house forms government and is where money bills begin; the upper house is a house of review. The Crown, represented by the Governor-General or Governor, gives royal assent and performs largely ceremonial duties on ministerial advice.
What this dot point is asking
This dot point asks you to describe how parliament is built and to explain the role of each part, including the two houses, the Cabinet and the Crown.
A bicameral parliament
Bicameral means having two houses or chambers. The Commonwealth Parliament has the House of Representatives (lower house) and the Senate (upper house). The Parliament of Tasmania has the House of Assembly (lower house) and the Legislative Council (upper house). Having two houses creates a built-in check: a bill must usually pass both before it can become law, so a second chamber can review and refine, or block, the work of the first.
A parliament made up of two separate chambers, each of which must generally agree to a bill before it becomes law. The two-house structure allows the second chamber to act as a house of review.
The lower house
The lower house is the engine room of government. Members are elected from single or multi-member electorates roughly equal in population, so the lower house is often called the people's house. The political party or coalition that wins a majority of seats forms government, and its leader becomes Prime Minister or Premier. Most legislation, especially bills that raise or spend money (money bills), begins here. Because government is formed and held to account in the lower house, this is where responsible government mainly operates.
The upper house
The upper house is the house of review. Federally, the Senate also represents the states, with each state electing an equal number of senators regardless of population. The upper house examines, debates, amends and can reject bills passed by the lower house, providing a check on the government of the day. In Tasmania the Legislative Council is well known for its independence, since many of its members sit as independents rather than along party lines, which can make it a genuine reviewing chamber.
The lower house forms government and initiates most legislation, especially money bills. The upper house reviews legislation and represents broader or regional interests. A bill normally needs the agreement of both houses, which is why the upper house can check the government.
Cabinet and the executive
The Cabinet is the senior decision-making group of the executive government. It is made up of the Prime Minister or Premier and senior ministers, who are chosen from the members of parliament. Cabinet decides government policy and the legislative program, then takes those decisions to parliament. Under the convention of collective responsibility, ministers must publicly support Cabinet decisions or resign. Cabinet is not mentioned in the Constitution; it operates by convention, illustrating how much of the Westminster system runs on unwritten rules.
The Crown
The Crown is the formal head of the system. At the federal level the Queen or King is represented by the Governor-General; in Tasmania the monarch is represented by the Governor. The Crown's roles include giving royal assent so that a bill becomes an Act, opening and dissolving parliament, and commissioning the Prime Minister or Premier. By convention the Crown's representative almost always acts on the advice of ministers, so these powers are largely ceremonial. However, the Crown retains certain reserve powers, such as the power to appoint a Prime Minister, which can become significant in unusual circumstances. The most famous example is the 1975 dismissal, when the Governor-General dismissed the Prime Minister during a budget deadlock, a rare use of reserve power that remains controversial because it cut across the convention of acting on ministerial advice. The episode is a useful illustration that the Crown's role, while normally formal, retains a constitutional backstop.
A common task asks you to set out the whole structure in order. Work through it in steps.
Step 1: State the bicameral structure
Explain that parliament has two houses, naming the lower and upper house at both Commonwealth (House of Representatives, Senate) and Tasmanian (House of Assembly, Legislative Council) levels.
Step 2: Give the lower house its role
State that the lower house forms government, is elected from population-based electorates, and initiates most legislation including money bills.
Step 3: Give the upper house its role
State that the upper house reviews, amends or rejects bills and (federally) represents the states, acting as a check because a bill must pass both houses.
Step 4: Add Cabinet and the Crown
Explain that Cabinet drives executive policy and operates by convention, then that the Crown grants royal assent and performs largely ceremonial duties on ministerial advice, retaining limited reserve powers.
A common error is to treat the Governor-General or Governor as the real ruler. In practice the Crown's representative acts on ministerial advice and the elected government governs. The Crown's role is mostly formal and ceremonial, with only limited reserve powers used in exceptional situations.
For exam answers, explain that parliament is bicameral, set out the distinct roles of the lower and upper houses, describe how Cabinet drives the executive, and note the largely ceremonial but constitutionally important role of the Crown.
Exam-style questions
Questions in the style of TASC exam questions on this dot point, each with a worked answer. They are written by ExamExplained unless tagged "Past paper"; the year shows the paper a question is modelled on.
Practice6 marksExplain the different roles of the lower house and the upper house in an Australian parliament.Show worked answer →
A 6 mark response needs the distinct function of each house and how they relate.
Lower house. The people's house, elected from electorates of roughly equal population. The party or coalition with a majority forms government, and most legislation, especially money bills, begins here. Responsible government mainly operates here.
Upper house. The house of review. It examines, debates, amends and can reject bills passed by the lower house, acting as a check on the government. Federally the Senate also represents the states equally; in Tasmania the Legislative Council is notable for its independents.
Relationship. A bill normally needs both houses to agree, so the upper house can check the government of the day. Markers reward naming each house's role and the requirement that a bill clear both.
Practice12 marksDescribe the structure of an Australian parliament and analyse the role of the Crown within it.Show worked answer →
A 12 mark response needs the bicameral structure, the role of each part, and an analysis of the Crown.
Structure. Explain that parliament is bicameral: a lower house (House of Representatives, or House of Assembly in Tasmania) and an upper house (Senate, or Legislative Council). Set out their roles and that a bill must pass both.
Cabinet. Note that the executive's senior decision-makers (Prime Minister or Premier and ministers) are drawn from parliament and operate by convention rather than the text of the Constitution.
The Crown. Describe the Crown's roles: granting royal assent, opening and dissolving parliament and commissioning the head of government, performed by the Governor-General federally and the Governor in Tasmania.
Analysis. Judge the Crown's role as largely ceremonial because the representative acts on ministerial advice, while noting the reserve powers that can matter in rare crises. Markers reward the ceremonial-but-significant judgement supported by examples such as royal assent and the reserve power to appoint a head of government.