Explain the stages of the legislative process and analyse the use and control of delegated legislation

What this dot point is asking

This dot point is about how Parliament actually produces law and why much of the detail is left to the executive. SCSA wants the formal stages, the role of each house, and a genuine analysis of delegated legislation, which is a large and often overlooked part of the legal system.

The stages of a bill

Most legislation begins as a government bill drafted to implement policy. In the originating house (usually the House of Representatives) it goes through a first reading (formal introduction), a second reading (the main debate on the principle and purpose of the bill), a committee or consideration in detail stage (clause-by-clause examination and amendment), and a third reading (final vote). It then repeats the process in the other house. If both houses pass the bill in identical terms, it is presented to the Governor-General for royal assent, after which it becomes an Act and commences on a set date.

The Senate as a house of review

The Senate is central to the legislative process because the government often does not control it. Elected by proportional representation, the Senate frequently holds the balance of power with minor parties and independents. This lets it scrutinise, amend or block government bills, function as a genuine house of review, and run powerful committees that examine policy and administration. The trade-off, which a good answer evaluates, is that this can also obstruct an elected government's mandate, so the Senate is praised as a check and criticised as a brake depending on viewpoint.

What delegated legislation is and why it exists

Parliament cannot anticipate or draft every detail needed to run a modern state. So an Act of Parliament (the primary or enabling legislation) authorises another body, usually a minister, government department or statutory authority, to make detailed rules. This is delegated legislation, and it takes forms such as regulations, rules, by-laws and ordinances. In volume it far exceeds the law made by Parliament itself.

The reasons for delegating are practical: it saves limited parliamentary time, allows technical detail to be set by experts, and enables quick responses to changing circumstances or emergencies. The COVID-19 public health directions, made rapidly under enabling public health Acts, are a clear contemporary example of delegated power being used to respond to a crisis.

Controlling delegated legislation

Because delegated legislation is made by the executive rather than elected representatives, it must be controlled. There are three main checks. First, the enabling Act sets the limits: a regulation that goes beyond the power granted is ultra vires (beyond power) and invalid. Second, Parliament retains control through tabling and disallowance, where either house can vote to disallow a regulation within a set period, and through scrutiny committees that review instruments for issues such as unfair retrospectivity or undue interference with rights. Third, the courts can review delegated legislation for whether it is within power and was made through a proper process.

When you evaluate, balance efficiency against accountability. Delegated legislation is essential and well controlled in theory, but the sheer volume makes thorough parliamentary scrutiny difficult, and broad emergency powers can concentrate significant authority in the executive with limited debate.