The Ideal Method to Introduce New Laws in Australia

New Laws or Acts, Statutes, Legislation and amendments given the force of Law seem to be introduced on a politicians whim in Australia. Whether it is Stephen CONROY trying to enforce an unworkable and technically impractical internet censorship system, or trying to make simple utility knives such as pocket knives in Victoria fetch the wearer a $1000 fine, sometimes what the politicians try to get past and passed in parliament raises more than just a few eye brows.

The power of democracy is that everyone has their equal say in matters. Some refer to it as mob rule and others relate it to two wolves and a sheep voting over what to have for dinner. However, despite its many shortcomings, it's the lesser of many more nasty evils and is the best system we have in Australia right now. Or, should have in Australia.

I only say that, because it seems we have lost our democratic touch. Democracy in Australia seems to only extend to voting for a local representative to head to Canberra and who sits in the top seat as Prime Minister. After that, party members are obliged to follow party lines even if they disagree with them, and the representative nature of candidates is lost, unless you're an independent. So it is with politicians regularly pandering to certain groups and introducing the most ridiculous and smack in the face obviously insane statutory legislation. I refer to two examples in the first paragraph.

The way law should be introduced in Australia is

  1. Something happens to get the nation concerned, or the wowsers in a panic (or both) and a suggestion is made. This suggestion should be fleshed out into a hypothetical new piece of statutory legislation and put forth as a proposal.
  2. The new proposed law should be debated. Bring in everyone of potential and slight influence who is enthusiastic for it. Bring in everyone of same role and influence who don't want it or are seriously concerned about it. Bring in several intellectuals. They may have an interest in the matter or they may not have or some may not even care. Then let the whole proposal be discussed, debated and scrutinised. This phase is called the "crap filter" and would probably eradicate 75% of new proposed legislation as useless. This is also the phase where those with vested interests are made known and the issue is seen for what it is, good or bad. If the idea is deemed to have merit, then
  3. It is drafted up and sent to House of Representatives for voting.
  4. It is passed as statutory legislation or sent back to Step [1] for fixes.
Two notes on the above: Steps [2]-[3] seemingly haven't been seen in Australia for a LONG time (It is generally 1-3-4, with 2 being completely missed out on) and many people are sick of it. Step [2] probably hasn't seen much use for a very simple reason: absolutely NO politician should have any direct or indirect say or influence in those phases in any way whatsoever. This takes the power away from them (which they obviously do not want to have happen) to construct custom made rules to benefit their "stakeholders", which in 19/20 cases, is definitely not you and I. On top of that, the vast majority of politicians (sorry to make a bad generalisation) can't help but to reveal just how ignorant and out of touch with reality they really are. Sure they are not all bad, but it is the 99% that give the rest a bad name.

This is not scaremongering but a realistic truth; if the checks and balances are not maintained and phases 2-3 are not re-exercised, then how long before a citizen curfew is enacted? Or no more drinking alcohol after a certain amount, no smiling or happiness at parties and celebrations, being taxed out the wazoo (I mean more than we already are), or to invoke Godwin's Law; "show me your papers!".

Please Australia, pull your finger out and demand better.

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