The term of members of the House of Representatives is a maximum of three years from the date of the first sitting of the House, but on only one occasion since Federation has the maximum term been reached. The House is almost always dissolved earlier, usually alone but sometimes in a double dissolution of both Houses. Elections for members of the House of Representatives are often held in conjunction with those for the Senate. A member of the House may be referred to as a "Member of Parliament" ("MP" or "Member"), while a member of the Senate is usually referred to as a "Senator". The government of the day and by extension the Prime Minister must achieve and maintain the confidence of this House in order to gain and remain in power.
The House of Representatives currently consists of 151 members, elected by and representing single member districts known as electoral divisions (commonly referred to as "electorates" or "seats"). The number of members is not fixed but can vary with boundary changes resulting from electoral redistributions, which are required on a regular basis. The most recent overall increase in the size of the House, which came into effect at the 1984 election, increased the number of members from 125 to 148. It reduced to 147 at the 1993 election, returned to 148 at the 1996 election, has been 150 since the 2001 election, and has increased to 151 at the 2019 Australian federal election.[1]
Each division elects one member using full-preferential instant-runoff voting. This was put in place after the 1918 Swan by-election, which Labor unexpectedly won with the largest primary vote and the help of vote splitting in the conservative parties. The Nationalist government of the time changed the lower house voting system from first-past-the-post to full-preferential voting, effective from the 1919 general election.
Origins and role
The Australian House of Representatives in 1901
The Commonwealth of Australia Constitution Act (Imp.) of 1900 established the House of Representatives as part of the new system of dominion government in newly federated Australia. The House is presided over by the Speaker. Members of the House are elected from single member electorates (geographic districts, commonly referred to as "seats" but officially known as "Divisions of the Australian House of Representatives"). One vote, one value legislation requires all electorates to have approximately the same number of voters with a maximum 10% variation. However, the baseline quota for the number of voters in an electorate is determined by the number of voters in the state in which that electorate is found. Consequently, the electorates of the smallest states and territories have more variation in the number of voters in their electorates, with larger seats like Fenner containing more than double the electors of smaller seats like Lingiari. Meanwhile, all the states except Tasmania have electorates approximately within the same 10% tolerance, with most electorates holding 85,000 to 105,000 voters. Federal electorates have their boundaries redrawn or redistributed whenever a state or territory has its number of seats adjusted, if electorates are not generally matched by population size or if seven years have passed since the most recent redistribution.[2] Voting is by the 'preferential system', also known as instant-runoff voting. A full allocation of preferences is required for a vote to be considered formal. This allows for a calculation of the two-party-preferred vote.
Under Section 24 of the Constitution, each state is entitled to members based on a population quota determined from the "latest statistics of the Commonwealth."[3] These statistics arise from the census conducted under the auspices of section 51(xi).[4] Until its repeal by the 1967 referendum, section 127 prohibited the inclusion of Aboriginal people in section 24 determinations as including the Indigenous peoples could alter the distribution of seats between the states to the benefit of states with larger Aboriginal populations.[5] Section 127, along with section 25 (allowing for race-based disqualification of voters by states)[3] and the race power,[6] have been described as racism built into Australia's constitutional DNA,[7] and modifications to prevent lawful race-based discrimination have been proposed.[8]
The parliamentary entitlement of a state or territory is established by the Electoral Commissioner dividing the number of the people of the Commonwealth by twice the number of Senators. This is known as the "Nexus Provision". The reasons for this are twofold, to maintain a constant influence for the smaller states and to maintain a constant balance of the two Houses in case of a joint sitting after a double dissolution. The population of each state and territory is then divided by this quota to determine the number of members to which each state and territory is entitled. Under the Australian Constitution all original states are guaranteed at least five members. The Federal Parliament itself has decided that the Australian Capital Territory and the Northern Territory should have at least one member each.
According to the Constitution, the powers of both Houses are nearly equal, with the consent of both Houses needed to pass legislation. The difference mostly relates to taxation legislation. In practice, by convention, the person who can control a majority of votes in the lower house is invited by the Governor-General to form the Government. In practice that means that the leader of the party (or coalition of parties) with a majority of members in the House becomes the Prime Minister, who then can nominate other elected members of the government party in both the House and the Senate to become ministers responsible for various portfolios and administer government departments. Bills appropriating money (supply bills) can only be introduced in the lower house and thus only the party with a majority in the lower house can govern. In the current Australian party system, this ensures that virtually all contentious votes are along party lines, and the Government usually has a majority in those votes.
The Opposition party's main role in the House is to present arguments against the Government's policies and legislation where appropriate, and attempt to hold the Government accountable as much as possible by asking questions of importance during Question Time and during debates on legislation. By contrast, the only period in recent times during which the government of the day has had a majority in the Senate was from July 2005 (following the 2004 election) to December 2007 (following the Coalition's defeat at the federal election that year). Hence, votes in the Senate are usually more meaningful. The House's well-established committee system is not always as prominent as the Senate committee system because of the frequent lack of Senate majority.
Frontbench and dispatch boxThe House of Representatives chamber at Old Parliament House, Canberra, where the Parliament met between 1927 and 1988
In a reflection of the United Kingdom House of Commons, the predominant colour of the furnishings in the House of Representatives is green. However, the colour was tinted slightly in the new Parliament House (opened 1988) to suggest the colour of eucalyptus trees. Also, unlike the House of Commons, the seating arrangement of the crossbench is curved, similar to the curved seating arrangement of the United States House of Representatives. This suggests a more collaborative, and less oppositional, system than in the United Kingdom parliament (where all members of parliament are seated facing the opposite side).[citation needed]
Australian parliaments are notoriously rowdy, with MPs often trading colourful insults. As a result, the Speaker often has to use the disciplinary powers granted to him or her under Standing Orders.[9]
From the beginning of Federation until 1918, first-past-the-post voting was used in order to elect members of the House of Representatives but since the 1918 Swan by-election which Labor unexpectedly won with the largest primary vote due to vote splitting amongst the conservative parties, the Nationalist Party government, a predecessor of the modern-day Liberal Party of Australia, changed the lower house voting system to voting system to Instant-runoff voting, which in Australia is known as full preferential voting, as of the subsequent 1919 election.[11] This system has remained in place ever since, allowing the Coalition parties to safely contest the same seats.[12] Full-preference preferential voting re-elected the Hawke government at the 1990 election, the first time in federal history that Labor had obtained a net benefit from preferential voting.[13]
Allocation process for the House of Representatives
The main elements of the operation of preferential voting for single-member House of Representatives divisions are as follows:[14][15]
Voters are required to place the number "1" against their first choice of candidate, known as the "first preference" or "primary vote".
Voters are then required to place the numbers "2", "3", etc., against all of the other candidates listed on the ballot paper, in order of preference. (Every candidate must be numbered, otherwise the vote becomes "informal" (spoiled) and does not count.[16])
Prior to counting, each ballot paper is examined to ensure that it is validly filled in (and not invalidated on other grounds).
The number "1" or first preference votes are counted first. If no candidate secures an absolute majority (more than half) of first preference votes, then the candidate with the fewest votes is excluded from the count.
The votes for the eliminated candidate (i.e. from the ballots that placed the eliminated candidate first) are re-allocated to the remaining candidates according to the number "2" or "second preference" votes.
If no candidate has yet secured an absolute majority of the vote, then the next candidate with the fewest primary votes is eliminated. This preference allocation is repeated until there is a candidate with an absolute majority. Where a second (or subsequent) preference is expressed for a candidate who has already been eliminated, the voter's third or subsequent preferences are used.
Following the full allocation of preferences, it is possible to derive a two-party-preferred figure, where the votes have been allocated between the two main candidates in the election. In Australia, this is usually between the candidates from the Coalition parties and the Australian Labor Party.
Relationship with the Government
Under the Constitution, the Governor-General has the power to appoint and dismiss "Ministers of State" who administer government departments. In practice, the Governor-General chooses ministers in accordance with the traditions of the Westminster system that the Government be drawn from the party or coalition of parties that has a majority in the House of Representatives, with the leader of the largest party becoming Prime Minister.
These ministers then meet in a council known as Cabinet. Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The Constitution does not recognise the Cabinet as a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the Federal Executive Council, which is Australia's highest formal governmental body.[17] In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the Cabinet. All members of the Cabinet are members of the Executive Council. While the Governor-General is nominal presiding officer, she or he almost never attends Executive Council meetings.[citation needed] The Governor-General is bound by convention to follow the advice of the Executive Council on almost all occasions, giving it de facto executive power.[18] A senior member of the Cabinet holds the office of Vice-President of the Executive Council and acts as presiding officer of the Executive Council in the absence of the Governor-General. The Federal Executive Council is the Australian equivalent of the Executive Councils and privy councils in other Commonwealth realms such as the Queen's Privy Council for Canada and the Privy Council of the United Kingdom.[19]
A minister is not required to be a Senator or Member of the House of Representatives at the time of their appointment, but their office is forfeited if they do not become a member of either house within three months of their appointment. This provision was included in the Constitution (section 64) to enable the inaugural Ministry, led by Edmund Barton, to be appointed on 1 January 1901, even though the first federal elections were not scheduled to be held until 29 and 30 March.[20]
The provision was also used after the disappearance and presumed death of the Liberal Prime Minister Harold Holt in December 1967. The Liberal Party elected John Gorton, then a Senator, as its new leader, and he was sworn in as Prime Minister on 10 January 1968 (following an interim ministry led by John McEwen). On 1 February, Gorton resigned from the Senate to stand for the 24 February by-election in Holt's former House of Representatives electorate of Higgins due to the convention that the Prime Minister be a member of the lower house. For 22 days (2 to 23 February inclusive) he was Prime Minister while a member of neither house of parliament.[22]
On a number of occasions when Ministers have retired from their seats prior to an election, or stood but lost their own seats in the election, they have retained their Ministerial offices until the next government is sworn in.
House of Representatives committee room, Parliament House, CanberraA short video on Australian Parliamentary Committees
In addition to the work of the main chamber, the House of Representatives also has a large number of committees which deal with matters referred to them by the main House. They provide the opportunity for all Members to ask questions of ministers and public officials as well as conduct inquiries, examine policy and legislation.[23] Once a particular inquiry is completed the members of the committee can then produce a report, to be tabled in Parliament, outlining what they have discovered as well as any recommendations that they have produced for the Government to consider.[24]
The ability of the Houses of Parliament to establish committees is referenced in Section 49 of the Constitution, which states that, "The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth."[25][24]
Parliamentary committees can be given a wide range of powers. One of the most significant powers is the ability to summon people to attend hearings in order to give evidence and submit documents. Anyone who attempts to hinder the work of a Parliamentary committee may be found to be in contempt of Parliament. There are a number of ways that witnesses can be found in contempt. These include refusing to appear before a committee when summoned, refusing to answer a question during a hearing or to produce a document, or later being found to have lied to or misled a committee. Anyone who attempts to influence a witness may also be found in contempt.[26] Other powers include, the ability to meet throughout Australia, to establish subcommittees and to take evidence in both public and private hearings.[24]
Proceedings of committees are considered to have the same legal standing as proceedings of Parliament, they are recorded by Hansard, except for private hearings, and also operate under Parliamentary privilege. Every participant, including committee members and witnesses giving evidence, are protected from being prosecuted under any civil or criminal action for anything they may say during a hearing. Written evidence and documents received by a committee are also protected.[26][24]
Standing Committees, which are established on a permanent basis and are responsible for scrutinising bills and topics referred to them by the chamber; examining the government's budget and activities and for examining departmental annual reports and activities.
Select Committees, which are temporary committees, established in order to deal with particular issues.
Domestic Committees, which are responsible for administering aspects of the House's own affairs. These include the Selection Committee that determines how the House will deal with particular pieces of legislation and private members business and the Privileges Committee that deals with matters of Parliamentary Privilege.
Legislative Scrutiny Committees, which examine legislation and regulations to determine their impact on individual rights and accountability.
Joint Committees are also established to include both members of the House of Representatives and the Senate.
Federation Chamber
The Federation Chamber is a second debating chamber that considers relatively uncontroversial matters referred by the House. The Federation Chamber cannot, however, initiate or make a final decision on any parliamentary business, although it can perform all tasks in between.[27]
House of Representatives' entrance
The Federation Chamber was created in 1994 as the Main Committee, to relieve some of the burden of the House: different matters can be processed in the House at large and in the Federation Chamber, as they sit simultaneously. It is designed to be less formal, with a quorum of only three members: the Deputy Speaker of the House, one government member, and one non-government member. Decisions must be unanimous: any divided decision sends the question back to the House at large.
Inside the House of Representatives
The Federation Chamber was created through the House's Standing Orders:[28] it is thus a subordinate body of the House, and can only be in session while the House itself is in session. When a division vote in the House occurs, members in the Federation Chamber must return to the House to vote.
The Federation Chamber is housed in one of the House's committee rooms; the room is customised for this purpose and is laid out to resemble the House chamber.[29]
Due to the unique role of what was then called the Main Committee, proposals were made to rename the body to avoid confusion with other parliamentary committees, including "Second Chamber"[30] and "Federation Chamber".[31] The House of Representatives later adopted the latter proposal.[32]
The concept of a parallel body to expedite Parliamentary business, based on the Australian Federation Chamber, was mentioned in a 1998 British House of Commons report,[33] which led to the creation of that body's parallel chamber Westminster Hall.[34]
The current Parliament is the 46th Australian Parliament. The most recent federal election was held on 18 May 2019 and the 46th Parliament first sat in July.
The Country Liberal Party (CLP), officially the Country Liberals , is a liberal conservative political party in Australia founded in 1974, which operates solely in the Northern Territory, however due to Christmas Island and the Cocos (Keeling) Islands forming part of the Division of Lingiari they also vote for the Country Liberal Party.
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. The composition and powers of the Senate are established in Chapter I of the Constitution of Australia. There are a total of 76 Senators: 12 are elected from each of the six Australian states regardless of population and 2 from each of the two autonomous internal Australian territories. Senators are popularly elected under the single transferable vote system of proportional representation.
The Parliament of Australia is the legislative branch of the government of Australia. It consists of three elements: the Crown, the Senate and the House of Representatives. The combination of two elected chambers, in which the members of the Senate represent the states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a fused executive, drawn from the Westminster system.
The Australian electoral system comprises the laws and processes used for the election of members of the Australian Parliament. The system presently has a number of distinctive features including compulsory enrolment, compulsory voting, majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives, and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.
Electoral systems for the legislatures of the individual Australian states and territories are broadly similar to the electoral system used in federal elections in Australia.
The 1998 Australian federal election was held to determine the members of the 39th Parliament of Australia. It was held on 3 October 1998. All 148 seats of the House of Representatives and 40 seats of the 76-seat Senate were up for election. The incumbent centre-right Liberal/National Coalition government led by Prime Minister John Howard of the Liberal Party and coalition partner Tim Fischer of the National Party defeated the centre-left Australian Labor Party opposition led by Opposition Leader Kim Beazley despite losing the two party preferred popular vote.
The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. It is normal for legislation to be first deliberated on and passed by the Legislative Assembly before being considered by the Legislative Council, which acts in the main as a house of review.
The Tasmanian Legislative Council is the upper house of the Parliament of Tasmania in Australia. It is one of the two chambers of the Parliament, the other being the House of Assembly. Both houses sit in Parliament House in the state capital, Hobart. Members of the Legislative Council are often referred to as MLCs.
Elections in Australia take place periodically to elect the legislature of the Commonwealth of Australia, as well as for each Australian state and territory. Elections in all jurisdictions follow similar principles, though there are minor variations between them. The elections for the Australian Parliament are held under the federal electoral system, which is uniform throughout the country, and the elections for state and territory Parliaments are held under the electoral system of each state and territory.
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the Queen, represented by the Governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 24 November 2018, sworn in on 19 December 2018 and is the 59th parliament in Victoria.
The Australian Government is the federal government of Australia, a parliamentary constitutional monarchy, and is the first level of government division. It is also referred to as the Federal Government and the Commonwealth Government. Like many other Westminster-style systems of government, the Australian Government is made up of three branches: the executive, the legislative, and the judicial.
A group voting ticket (GVT) is a simplified preferential voting system currently in use for elections to the Victorian Legislative Council and Western Australian Legislative Council, the upper houses of two Australian state legislatures. It was also previously used in federal and several Australian state elections that used the single transferable vote system. Under the system, for multi-member electoral divisions, a group or party registers a GVT before an election with the electoral commission. When a voter selects a group or party “above the line” on a ballot paper, their vote is distributed according to the registered GVT for that group. It has been abolished by New South Wales and South Australia. It was used in the Australian Senate from the 1984 federal election until the 2013 federal election. A form of GVT is used for some elections in Fiji.
The 1901 Australian federal election for the inaugural Parliament of Australia was held in Australia on Friday 29 March and Saturday 30 March 1901. The elections followed Federation and the establishment of the Commonwealth of Australia on 1 January 1901. All 75 seats in the Australian House of Representatives, six of which were uncontested, as well as all 36 seats in the Australian Senate, were up for election.
The Commonwealth Electoral Act 1918 is an Act of the Australian Parliament which continues to be the core legislation governing the conduct of elections in Australia, having been amended on numerous occasions since 1918. The Act was introduced by the Nationalist Party of Billy Hughes, the main purpose of which was to replace first-past-the-post voting with instant-runoff voting for the House of Representatives and the Senate.
The politics of Australia take place within the framework of a federal parliamentary constitutional monarchy. Australia has maintained a stable liberal democratic political system under its Constitution, one of the world's oldest, since Federation in 1901. Australia is the world's sixth oldest continuous democracy and largely operates as a two-party system in which voting is compulsory. The Economist Intelligence Unit rated Australia a "full democracy" in 2019. Australia is also a federation, where power is divided between the federal government and the states and territories.
Split-ticket voting is when a voter in an election votes for candidates from different political parties when multiple offices are being decided by a single election, as opposed to straight-ticket voting, where a voter chooses candidates from the same political party for every office up for election.
The 1949 Australian federal election was held in Australia on 10 December 1949. All 121 seats in the House of Representatives and 42 of the 60 seats in the Senate were up for election. The incumbent Labor Party, led by Prime Minister Ben Chifley, was defeated by the opposition Liberal–Country coalition under Robert Menzies. Menzies became prime minister for a second time, his first term having ended in 1941. This election marked the end of the 8-year Curtin-Chifley Labor Government that had been in power since 1941 and started the 23-year Liberal/Country Coalition Government. This was the first time the Liberal party won government at the federal level.
The 1918 Swan by-election was a by-election for the Division of Swan in the Australian House of Representatives, following the death of the sitting member Sir John Forrest. Held on 26 October 1918, the by-election led to the election of the youngest person to be elected until 2010 to the Parliament of Australia, Edwin Corboy. It saw the conservative vote split between the Country Party and the Nationalist Party, which directly prompted the introduction of preferential voting in Australia.
Western Australia politics takes place in context of a constitutional monarchy with a bicameral parliamentary system, and like other Australian states, Western Australia is part of the federation known as the Commonwealth of Australia.
Section 13 of the Constitution of Australia provides for three aspects of the terms of members of the Australian Senate: the timing of elections, the commencement date of their terms and for the Senate to allocate long (six-year) and short (three-year) terms following a double dissolution of the Parliament of Australia. While members of the House of Representatives and territory senators have a maximum three-year term, state senators have a fixed six-year term, subject only to the parliament being dissolved by a double dissolution.
Souter, Gavin (1988). Acts of Parliament: A narrative history of the Senate and House of Representatives, Commonwealth of Australia. Carlton: Melbourne University Press. ISBN0-522-84367-0.
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