​​​​​Making new laws or amending existing laws is one of the main functions of Parliaments. 

While this factsheet provides a brief overview of the process, you will find more detailed information in the Legislative Assembly Guide for the Introduction and Passage of Bills​.  ​

What is a bill? 

A bill is a draft proposal to introduce a new law or amend an existing law that is presented to a House of Parliament. In a bicameral Parliament, such as the Parliament of NSW, a bill must pass through both Houses in the same form and then be assented to (or agreed to) by the Governor for it to become a law (or an Act).

In NSW bills may be introduced in either the Legislative Assembly or the Legislative Council, unless it is a bill that appropriates money or imposes taxes, in which case it must be initiated in the Legislative Assembly.

Preparation of bills​

Most bills are introduced into Parliament by Ministers and are prepared as part of the Government's legislative program. These types of bills are called Government bills. While the content of Government bills is determined by the relevant Minister, the text of these bills is drafted by the Parliamentary Counsel's Office.

Private Members, that is, Members who aren't Ministers, may also introduce bills into the Parliament. The Parliamentary Counsel's Office als​o assists with drafting private Members' bills.

Further information on the Parliamentary Counsel's Office can be found on its website: Parliamentary Counsel's Office. 

The passage of legislation in the Legislative Assembly

In the Legislative Assembly bills have to pass through a number of stages. During these various stages, proposals (motions) are made about the bill's progress or content, debate is conducted on these proposals, and the proposals are ultimately voted on by the House.

​Notice of motion

A Minister or private Member must give notice in the House of their intention to introduce a bill.

Introduction and first reading
​A Minister or private Member may introduce a bill in the Legislative Assembly. Once introduced, copies of the bill are made public for the first time. There is no debate at this stage of a bill.

Second reading speech

After a bill has been introduced, the Minister or private Member in charge of the bill will give a speech outlining the purpose and reasons for the bill. After the speech, debate on the bill is adjourned for at least five days.  The purpose of the pause is to give Members time to examine the bill if they wish to participate in the second reading debate.

Both the text of the bill, and the second reading speech, are available on the Parliament's website. 

Second reading debate

The second reading debate provides Members with their main opportunity to debate or express their opinions about a bill. Second reading debates can, in some cases, extend over several sitting days. After the debate has concluded, the House votes on whether the bill is read for a second time. This is the main stage in the passage of a bill. 

Consideration in Detail
It is at this stage that amendments can be made to a bill. A bill is only considered in detail if a Member requests it – which is done by circulating proposed amendment(s). Any Member can propose amendments to a bill and a vote is taken on every proposed amendment.

Third reading
This is the final stage in considering a bill. If there has been Consideration in Detail, then members may debate the third reading. If a vote on the third reading of a bill is passed, this means that it has passed through all stages and has been agreed to by the Legislative Assembly.

Agreement by the Legislative Council

Once passed by the Assembly, a bill will be sent to the Legislative Council for its concurrence. The Council may return the bill with or without amendments. The Assembly can choose to agree or disagree to Council amendments, however a bill cannot become a law until it has been agreed to in the same form by both Houses. 

Assent by the Governor

After a bill has passed both Houses of Parliament, the House in which the bill was introduced will arrange for the bill to be prepared for assent by the Governor. Once assented to, the bill becomes an Act.

Commencement of an Act

Every Act indicates when the Act (either in whole or in parts) will come into force. An Act may come into force in a number of ways, including on the day of assent, on a specified date or period of time after assent, or on a day or days proclaimed by the Governor on the advice of the Executive Council.