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House of Representatives                                Ch 16                                                 p 566

Drafting

House staff are the principal source of assistance to private Members in drafting matters. The assistance of a consultant drafter may be obtained in cases of particular difficulty or technical complexity. Private Members have traditionally also had some access to the Office of Parliamentary Counsel for help in such matters, although the primary and overriding priority of that office is to serve the Government. Any dealings between a Member and a parliamentary drafter are confidential. In 1975 private Members’ access to assistance from Office of Parliamentary Counsel drafters was an issue on which the House and the Senate could not agree. The Senate amended the Parliamentary Counsel Bill 1975 to provide that a section of not less than two professional staff from the Office of Parliamentary Counsel be seconded to draft proposed laws, amendments and instruments at the request of private Members of Parliament in priority to services for Ministers. ¹ The House disagreed to the amendment in view of the fact that the existing arrangements were considered to be more satisfactory to Members and the Government than the arrangements proposed. ² Each House stood its ground and the bill was finally laid aside. ³

In 1905 the Life Assurance Companies Bill, a private Member’s bill which had been passed by the House in 1904, was passed by the Senate and sent to the Governor-General for assent. The Governor-General returned the bill recommending amendments. Commenting on the proposed amendments the Minister indicated that they were ‘purely verbal’ and did not affect the purpose of the bill. He pointed out that the initiator of the bill had not had the Parliamentary Draftsman’s assistance in drafting it and had not understood the full significance of certain words he had used in the bill. ⁴

While every effort is made to meet Members’ requests for the drafting of bills, such requests cannot always be met. The constraints imposed by the Constitution—in respect of proposals with financial implications ( see below ), the limits on the law-making powers of the Commonwealth Parliament, and the implications of section 109—and the rules and practices of the House combine to limit the range of subjects on which private Members may introduce bills. Although the freedom apparently available to members of some other legislatures is therefore not enjoyed by Members of the House, another consequence is that legislative proposals which are introduced in the House all have a certain status. ⁵ Members often give notice of private Members’ motions to advance proposals not suitable for inclusion in a bill, and this course has the advantage of allowing Members greater freedom to express their intentions.

J 1974-75/730.

VP 1974-75/774.

VP 1974-75/827-8.

H.R. Deb. (25.10.05) 4048.

That is, as potential legally effective Acts of Parliament.