Relevant bibliographies by topics / Australian Commonwealth Parliament

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Academic literature on the topic 'Australian Commonwealth Parliament'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Australian Commonwealth Parliament"

1

Rydon, Joan. "Lawyers in the Australian Commonwealth Parliament." Australian Journal of Politics & History 33, no. 2 (June 28, 2008): 23–38. http://dx.doi.org/10.1111/j.1467-8497.1987.tb01214.x.

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Cruickshank, Joanna. "Race, History, and the Australian Faith Missions." Itinerario 34, no. 3 (December 2010): 39–52. http://dx.doi.org/10.1017/s0165115310000677.

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In 1901, the parliament of the new Commonwealth of Australia passed a series of laws designed, in the words of the Prime Minister Edmund Barton, “to make a legislative declaration of our racial identity”. An Act to expel the large Pacific Islander community in North Queensland was followed by a law restricting further immigration to applicants who could pass a literacy test in a European language. In 1902, under the Commonwealth Franchise Act, “all natives of Asia and Africa” as well as Aboriginal people were explicitly denied the right to vote in federal elections. The “White Australia policy”, enshrined in these laws, was almost universally supported by Australian politicians, with only two members of parliament speaking against the restriction of immigration on racial grounds.
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Blackham, Alysia, and George Williams. "The Appointment of Ministers from outside of Parliament." Federal Law Review 40, no. 2 (June 2012): 253–85. http://dx.doi.org/10.22145/flr.40.2.6.

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Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
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Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.

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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.
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Smith, Susan, and Thomas H. Spurling. "The Science and Industry Endowment Fund: Supporting the Development of Australian Science." Historical Records of Australian Science 26, no. 1 (2015): 58. http://dx.doi.org/10.1071/hr14027.

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The Science and Industry Endowment Fund (SIEF) was established in 1926 by the passage in the Parliament of the Commonwealth of Australia of the Science and Industry Endowment Act at the same time as the Science and Industry Research Act established the Council for Scientific and Industrial Research. The SIEF played a major role in funding the training of Australian research workers from 1926 to 1950 and funded much of the research carried out in Australian universities in the pre-war period. This paper documents the activities of the SIEF from its inception in 1926 until inflation eroded the value of the Fund in the 1970s. The Fund was later reinvigorated by the injection of $150 million by the Commonwealth Scientific and Industrial Research Organisation between 2009 and 2010.
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Morton, David, and Brad Cook. "Evaluators and the enhanced Commonwealth performance framework." Evaluation Journal of Australasia 18, no. 3 (September 2018): 141–64. http://dx.doi.org/10.1177/1035719x18795539.

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The enhanced Commonwealth performance framework was introduced on 1 July 2015 under the Public Governance, Performance and Accountability Act 2013. It should allow the Australian Parliament and public to understand the proper use of public resources, whether the accountable authorities of Commonwealth entities and companies are achieving their purposes and who is benefitting from Commonwealth activity. Demonstrating the achievement of purposes amounts to demonstrating outcomes and impacts. It requires Commonwealth entities and companies to move past an over-reliance on input- and output-focused performance measures. There is a clear role for evaluators in helping entities make this important adjustment. The opportunities lie in helping a larger cross-section of the Commonwealth public service understand and use the evaluators’ toolbox – for example, program theory and qualitative analysis – to improve the quality of published performance information available to the Commonwealth’s stakeholders. The evaluation community has the opportunity to become a centre of key expertise, and to make a critical contribution to building the capability of ‘performance professionals’ across the public sector.
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Voytovich, E. A. "Constitutional and legal bases for the formation of the Senate of the Australian Commonwealth." Journal of Law and Administration 16, no. 1 (April 11, 2020): 36–41. http://dx.doi.org/10.24833/2073-8420-2020-1-54-36-41.

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Introduction. The article is devoted to the organizational and legal issues of formation of the Senate of the Commonwealth of Australia. The author analyses the foundations of the constitutional regulation of the formation of the Senate. Now there are no works exploring in detail the manner the Senate of the Australian Commonwealth is formed.Materials and Methods. To create the article, the author used the works of Australian scholars in the field of constitutional law, as well as a number of legal acts regulating the issues addressed in the article. The methodology of the study was based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods).Research Results. The author has considered specific characteristics of the Senate and in particular the constitutional norm establishing the system where senators are elected directly by the people of each entity of the Australian Commonwealth. The author also analyses the formation of the electoral system applied to formation of the Senate of the Australian Commonwealth.Discussion and conclusions. In this article, the author draws attention to the stability and invariability of the foundations of Senate legal regulation, established by the Constitution of the Australian Union, approved by the British Parliament and signed by the British monarch. The author pays attention to the peculiarities of the formation of the Australian legislature.
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McGarrity, Nicola. "‘Let the Punishment Match the Offence’: Determining Sentences for Australian Terrorists." International Journal for Crime, Justice and Social Democracy 2, no. 1 (April 30, 2013): 18–34. http://dx.doi.org/10.5204/ijcjsd.v2i1.87.

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To date, 38 men have been charged with terrorism offences in Australia. Twenty-six have been convicted. The article commences with an overview of the factual circumstances leading to these convictions. This provides important background for the following discussion of a largely unexplored issue in Australian anti-terrorism law and policy, namely, the difficulties faced by the Australian courts in adapting traditional sentencing principles to the (for the most part, preparatory) terrorism offences enacted by the Commonwealth Parliament after the 9/11 terrorist attacks. Of particular interest are how the courts determine the objective seriousness of these offences and the respective weight placed upon deterrence (both specific and general) and the rehabilitation of convicted terrorists.
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Guy, Scott, and Barbara Ann Hocking. "Why Military Matters: Re Colonel Arid; Ex parte Alpert and the 'Service Connection' Test versus the 'Service Status' Test: Competing Approaches to the Triggering of the Defence Power." Deakin Law Review 13, no. 2 (December 1, 2008): 177. http://dx.doi.org/10.21153/dlr2008vol13no2art163.

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<p>With political changes afoot in both Australia and the United States, it is timely to review military regimes and remind ourselves how greatly they matter. Section 51(vi) of the Constitution authorises the Commonwealth Parliament to legislate with respect to: ‘The naval and military defence of<br />the Commonwealth and of the several States and the control of the forces to execute and maintain the laws of the Commonwealth…’ One of the concerns in relation to s 51(vi) has been whether this provision supports the establishment of military tribunals and, further, whether these tribunals can<br />be regarded as exercising judicial power of the Commonwealth and thus be regarded as properly constituted courts for the purposes of Ch III of the Australian Constitution. The High Court’s 2004 decision in Re Colonel Aird; Ex parte Alpert has established that military tribunals and, more generally, the military discipline system will be regarded as constitutionally<br />valid and a properly constituted court for the purposes of Ch III provided that it is applied to conduct which can be regarded as ‘service connected’ or invoked for the purposes of enforcing and maintaining discipline among the defence forces. This article examines the decision in Aird’s Case and the associated ‘service connection’ test as a basis for supporting the constitutional validity of the military tribunal system. The concluding section of the article develops some further observations on the newly created Australian Military Court.</p>
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Meagher, Dan. "The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) and the Courts." Federal Law Review 42, no. 1 (March 2014): 1–25. http://dx.doi.org/10.22145/flr.42.1.1.

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The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) (‘the Act’) has established a new model of pre-legislative rights scrutiny of proposed Commonwealth laws. This is undertaken by the political arms of government and involves: (1) the requirement that a statement of (human rights) compatibility must accompany proposed laws and certain legislative instruments when introduced into Parliament; and (2) the establishment of the Parliamentary Joint Committee on Human Rights (‘PJCHR’) which regularly reports to the Parliament on the compatibility of its proposed laws with human rights. This article looks at the relationship between the Act – and these two new mechanisms – and the interpretive role of the courts. It does so by first considering the (possible) direct use of statements of compatibility and PJCHR reports by Australian courts in the interpretation of Commonwealth laws that engage human rights. It then assesses whether the Act may exert an indirect influence on the content and scope of the common law interpretive presumptions that protect human rights.
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Dissertations / Theses on the topic "Australian Commonwealth Parliament"

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Laver, John Poynton, and n/a. "The Public Accounts Committee: pursuing probity and effeciency in the Australian Public Service: the origins, work, nature and purpose of the Commonwealth's Public Accounts Committee." University of Canberra. Management, 1997. http://erl.canberra.edu.au./public/adt-AUC20050621.150413.

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The Commonwealth parliament's Public Accounts Committee (PAC) was established in 1913 and to the end of 1995 had produced 397 reports on government expenditure and administration, with almost all its recommendations implemented by government. However despite the Committee's prominence among the instruments parliament has used to oversight the executive, not only does it lack clear legislative authority for major areas of its activities but its specific purpose is not defined in its legislation. Among other things the latter omission renders proper evaluation of the PAC's effectiveness impossible, as objectives are a necessary prerequisite to assessment. This thesis establishes the de facto purpose of the Committee by tracing the development of standing public accounts committees generally, and by analysing the PAC's work as shown by its output of tabled reports. In that development, six evolutionary phases are identified: the PAC's roots in the move to a parliamentary control of the administration of government expenditure in Britain from the 1780s; its genesis in the 1850s with the concept of the standing public accounts committee, to be concerned with regularity and probity in government expenditure; its origins in the establishment of the British standing public accounts committee , in 1861, stressing high standards of government accounting, audit and reporting; its establishment in the Commonwealth, concentrating on information on departmental activities, efficient implementation of government programs and provision of policy advice; its re-establishment in 1951, stressing parliamentary control of government financial administration; and its operations from 1980, pressing for economic fundamentalist change in the public sector. Their output shows that in these phases the committees concerned displayed characteristic standing public accounts committee activism and independence in utilising the wording of their enabling documentation to adapt themselves to changes in their environment by pursuing a corresponding different mix of one or more of the following concurrent immediate aims: ensuring adequate systems of government accounting, audit and reporting; ensuring probity and regularity in departmental expenditure; obtaining and disseminating information on departmental activities; ensuring high standards of departmental administration and management; providing policy advice to executive government; and ensuring economic, efficient and effective government spending. Together these attributes and practices have made the PAC a parliamentary instrument of unequalled flexibility with a single continuing underlying aim - a purpose not concerning the public accounts per se, but directed at achieving high standards of management and administration in government by calling the Commonwealth's public service to account for its expenditure and activities.
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Books on the topic "Australian Commonwealth Parliament"

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A federal legislature: The Australian Commonwealth Parliament, 1901-1980. Melbourne: Oxford University Press, 1986.

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2

Reid, G. S. Australia's Commonwealth Parliament, 1901-1988: Ten perspectives. Carlton, Vic: Melbourne University Press, 1989.

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3

Lloyd, Clem J. Parliament and the press: The Federal Parliamentary Press Gallery 1901-88. Carlton, Vic: Melbourne University Press, 1988.

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Acts of Parliament: A narrative history of the Senate and House of Representatives, Commonwealth of Australia. Carlton, Vic: Melbourne University Press, 1988.

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5

Commission, Australian Electoral, and Australian Electoral Commission. 1994 redistribution of Victoria into electoral divisions: Commonwealth Electoral Act 1918, section 75. Canberra: Australian Govt. Pub. Service, 1995.

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Payne, Trish. The Canberra Press Gallery and the backbench of the 38th Parliament 1996-98. [Canberra]: Department of the Parliamentary Library, 1999.

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Simons, Margaret. Fit to print: Inside the Canberra Press Gallery. Sydney: UNSW Press, 1999.

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Australia. Parliament. House of Representatives. Standing Committee for Long Term Strategies. Australia as an information society: Grasping new paradigms : report of the House of Representatives Standing Committee for Long Term Strategies, the Parliament of the Commonwealth of Australia. Canberra: Australian Govt. Pub. Service, 1991.

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Inside the Parliamentary Press Gallery: Seeing beyond the spin. Mawson, A.C.T: Clareville Press, 2008.

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New Zealand. Parliament. Commerce Committee. Report of the Commerce Committee: On its meeting with the Joint Statutory Committee on Corporations and Securities of the Parliament of the Commonwealth of Australia. [Wellington, N.Z.]: House of Representatives, 1993.

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Book chapters on the topic "Australian Commonwealth Parliament"

1

Larkin, Phil. "Ministerial Accountability to Parliament." In Ministerial Careers and Accountability in the Australian Commonwealth Government. ANU Press, 2012. http://dx.doi.org/10.22459/mcaacg.09.2012.05.

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Amelia, Simpson. "Part V Separation of Powers, Ch.24 Parliaments." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0025.

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This chapter focuses on the national institution variously called the ‘federal Parliament’, the ‘Australian Parliament’, or the ‘Commonwealth Parliament’. It highlights three constitutional meta-principles as having significance for the institution of Parliament. These three—federalism, representative government, and responsible government—have been particularly influential in determining the institutional trajectory of the Parliament. Hence, this chapter uses them to organize a discussion of key structural features. The latter two meta-principles are further taken as useful lenses through which to examine notable innovations, challenges, and constraints that contribute to an understanding of the institution. This chapter thus reveals that Parliament itself has had a significant and ongoing influence upon the structures through which representative government gains expression, even while the High Court has intervened periodically to enforce perceived baseline requirements.
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William, Gummow. "Part III Themes, Ch.17 Unity." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0018.

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This chapter considers national unity in Australia. It focuses first upon the absolute freedom of intercourse among the States of which section 92 of the Constitution commands. The chapter then turns to the absence of disability or discrimination required by section 117. Next, it considers the operation of section 109 not only to adjust relations between Commonwealth and State legislatures but to meet the entitlement of ‘the ordinary citizens … to know which of two inconsistent laws he is required to observe’. Here, reference is made to the uniform quality of justice throughout the Commonwealth which these ‘ordinary citizens’ would be entitled to expect. Finally, the chapter discusses the relationship between ‘the people’, the franchise, and citizenship, and what on occasion has been identified as the implied ‘nationhood’ legislative power of the Parliament, or ‘nationhood’ as an attribute of the executive power of the Commonwealth.
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Kenneth, Hayne. "Part II Constitutional Domain, Ch.7 Rule of Law." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0008.

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This chapter examines how, and to what extent, the Constitution in Australia, and the system of law and governance for which it provides, restrains the exercise of power. The Constitution of the Commonwealth is the basic law of the nation, and all laws made by the federal Parliament are ‘binding on the courts, judges and people of every State and every part of the Commonwealth, notwithstanding anything in the law of any State’. As it deals with government and governmental powers, the Constitution thus serves as a political instrument. Moreover, the foundation of the Constitution is ‘the conception of a central government and a number of State governments separately organised’. It distributes powers of governing the country among those integers of the federation. In short, the chapter discusses the effect given to a notion of ‘the rule of law’.
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Joo-Cheong, Tham. "Part VII Rights, Ch.40 Political Participation." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0041.

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This chapter deals with electoral participation in Australia. It charts the evolution of constitutional law in relation to electoral participation through a focus on the power of the Commonwealth Parliament over federal elections. A starting point of the analysis is a distinction between an emphasis on the breadth of legislative power over federal elections and an emphasis on constraint. The chapter also explains how particular emphasis on the scope of legislative power over election is informed by views taken on the relationship between the legislative power over federal elections and its impact on Australia's democracy. In some cases, it is possible to identify a benign view of such power; in others, a contrary view can be found where the exercise of legislative power over federal elections is seen to threaten Australia's democracy; and of course, there are cases where there is simply an ‘agnostic’ view.
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Stephen, Donaghue. "Part II Constitutional Domain, Ch.10 International Law." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0011.

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This chapter focuses on issues associated with international treaty obligations within the Australian constitutional context. It first examines the established principle of the common law of England that the provisions of a treaty do not form part of domestic law unless incorporated into domestic law by statute, before discussing the drafting history of the Constitution as well as the ramifications of that history. The chapter then turns to the power of the Commonwealth Parliament to enact legislation to implement Australia's treaty obligations. It also briefly addresses the relevance of international law to the interpretation of the Constitution itself. Finally, this chapter examines the role that international law plays in the interpretation of legislation that wholly or partly incorporates international obligations into domestic law, and the effect of such obligations on administrative action taken pursuant to such statutes.
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Cheryl, Saunders. "Part V Separation of Powers, Ch.26 Separation of Legislative and Executive Power." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0027.

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This chapter examines questions about the scope of legislative or executive power and the relationship between them primarily through the lens of the separation of powers in Australia. These have been recurrent issues in both the courts and Parliaments for some time. Hence, the chapter begins by examining the framework for the exercise of the legislative power of the Commonwealth. It does so from the standpoint of the separation of powers, by focusing on three significant issues: the concept of legislative power, delegation of legislative power, and authority to appropriate and grant money to the States. Next, the chapter deals with the nature of the executive power of the Commonwealth, including the extent to which it can be exercised without legislative authorization.
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Malleck, Dan. "The Parliament of the Commonwealth of Australia, Report of the Royal Commission on Secret Drugs, Cures, and Foods vol I (Sydney: Printer of the State of New South Wales, 1907), pp. 1–5, 426–31." In Drugs, Alcohol and Addiction in the Long Nineteenth Century, 290–304. Routledge, 2020. http://dx.doi.org/10.4324/9780429436079-31.

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