Changing The Law

Contributed by FriedaEvans, as amended by RachelKlesch and current to December 2024

Introduction

The law in Australia is constantly changing every year, with the parliaments introducing new laws or changing existing laws. The law can be changed by Parliament and, in some limited circumstances, by the courts when they interpret legislation and apply the common law. Australia is a representative democracy, which means eligible people can vote for their preferred person to act on their behalf in Parliament. The Federal Government makes laws for everyone in Australia while the state and territory governments make laws concerning the state or territory.

Australia follows the principle of parliamentary supremacy that holds that the parliament has supreme legal authority within the state including over the courts. Courts in Australia don't introduce law like the Parliaments can; however, through interpreting and applying the law, they can change the common law. Judges are bound by the laws as set out in previous cases; however, under certain circumstances, the court may interpret the law with a new understanding or create a new one. One example of this is Commonwealth v Tasmania [1983] HCA 21 ('Tasmanian Dam Case'). In this case, the High Court of Australia made changes to Australian law, including finding the Federal government had the power to make laws involving international treaties even if it covered areas that were governed by the states. The power of the court to change the law is limited, however, as they can only look at problems that arise in court (see Where does the law come from? ).

In the NT, the Parliament is unicameral, which means there is only one chapter that consists of 25 members. These members of Parliament make laws for all Territorians. To make a law in the NT, first, a Bill, which is the idea for a new bill, is introduced to the parliament, called the 1st reading. Then, members debate and vote on the main ideas of the bill; this is called the 2nd reading. Members will then look at the bill closely and can change it. The members vote on the bill's final version, called the 3rd reading, and if the bill is passed, the last step for formally recognising the new law is where the administrator of the NT gives assent. The bill will then become a law in the NT.

A similar process is followed in the Federal Parliament; when the law passes both the House of Representatives and the Senate, the law is given formal recognition when it is given Royal Assent by the Governor-General, the King's representative in Australia.

The Parliaments may change the law for different reasons, including a different approach to laws, to community concerns, in response to lobbying from an industry or community group, or recommendations from research, reports, an inquiry or a law reform commission. People can also talk or write to their local representatives about issues that concern them.

Advocacy

Advocacy is supporting, promoting or speaking out on issues as individuals or as a community to include or change the law. For example, advocacy helps influence public opinion, policies, or parliamentarians to create change or address an issue. Lawyers advocate for their clients in court by arguing their cases before a judge. Advocacy to change the law could include:

1. Raising awareness- sharing information to educate others about a particular issue or need within the community.
2. Lobbying- talking with people who make the law to push for a specific change or action.
3. Campaigning- organising events, editions, or social movements to support a cause.
4. Empowerment- helping individuals or communities to find their own ways to advocate for themselves.

Advocacy can start from an issue that interests individuals, groups, or the broader community and has a goal. Local groups in the NT include environmental groups, consumer groups, women's groups and trade unions. There are a number of publications that provide information on how to campaign effectively and how to lobby for change. Many legal organisations actively engage in social change and advocacy work beyond representing clients. In the NT, the community legal services are regularly involved in advocating for changes to the law.

There are some ways people can provide input into the development of new laws or changes in the law in the NT, and for Australia, they include contacting the local member of Parliament (MP). Every resident of the NT has four representatives in government:

1. A member of the local council.
2. A member of the NT Legislative Assembly (MLA).
3. A member of the Federal House of Representatives (MHR) and;
4. A member of the Federal Senate (senator).

As elected representatives, these people have a duty to respond to the requests of people in their area. Each of these councillors or members can be contacted through their office, and most contact details can be found on the local council, NT Government, or Federal Government websites. People can contact their representatives in writing or in-person to raise an issue, an idea or a concert. Sometimes, notices are published in newspapers, websites and on social media calling for community input to changes in the law; people can put forward ideas or concerns about these notices. There may also be inquiries or consultations that hold heading at which some members of the public and community organisations may submit their opinions.