A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with the executive and judicial branches of government.
The Government of Australia is the government of the Commonwealth of Australia, a federal parliamentary constitutional monarchy. It is also commonly referred to as the Australian Government, the Commonwealth Government, Her Majesty's Government, or the Federal Government.
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions. Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service.
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted power than the lower house. Examples of upper houses in countries include the United Kingdom's House of Lords, India's Rajya Sabha, Pakistan's Senate of Pakistan, Russia's Federation Council, Ireland's Seanad, Malaysia's Dewan Negara, Germany's Bundesrat, Switzerland's Council of States, the Australian Senate, the Dutch Eerste Kamer, Brazil's Senado Federal and the United States Senate.
The Northern Territory is an Australian territory in the central and central northern regions of Australia. It shares borders with Western Australia to the west, South Australia to the south, and Queensland to the east. To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other Indonesian islands. The NT covers 1,349,129 square kilometres (520,902 sq mi), making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 246,700, making it the least-populous of Australia's eight states and major territories, with fewer than half as many people as Tasmania.
The Territory of Christmas Island is an Australian external territory comprising the island of the same name. Christmas Island is located in the Indian Ocean, around 350 kilometres (220 mi) south of Java and Sumatra and around 1,550 kilometres (960 mi) north-west of the closest point on the Australian mainland. It has an area of 135 square kilometres (52 sq mi).
The lower house, the House of Representatives, currently consists of 150 members, each elected using full-preference instant-runoff voting from single-member constituencies known as electoral divisions (and commonly referred to as "electorates" or "seats").[8][9] This tends to lead to the chamber being dominated by two major political groups, the centre-right Coalition (consisting of the Liberal and National Parties) and the centre-left Labor Party. The government of the day must achieve the confidence of this House in order to gain and remain in power.
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.
Instant-runoff voting (IRV) is a type of preferential voting method used in single-seat elections with more than two candidates. Instead of voting only for a single candidate, voters in IRV elections can rank the candidates in order of preference. Ballots are initially counted for each elector's top choice, losing candidates are eliminated, and ballots for losing candidates are redistributed until one candidate is the top remaining choice of a majority of the voters. When the field is reduced to two, it has become an "instant runoff" that allows a comparison of the top two candidates head-to-head.
In Australia, electoral districts for the Australian House of Representatives are called divisions or more commonly referred to as electorates or seats. There are currently 150 single-member electorates for the Australian House of Representatives.
Although elections can be called early, every three years the full House of Representatives and half of the Senate is dissolved and goes up for reelection. A deadlock-breaking mechanism known as a double dissolution can be used to dissolve the full Senate as well as the House in the event that the Upper House twice refuses to pass a piece of legislation passed by the Lower House.[10]
A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives and the Senate. A double dissolution is the only circumstance in which the entire Senate can be dissolved.
Parliament House is the meeting place of the Parliament of Australia, located in Canberra, the capital of Australia. The building was designed by Mitchell/Giurgola & Thorp Architects and opened on 9 May 1988 by Elizabeth II, Queen of Australia. It cost more than A$1.1 billion to build.
This article is about Joint meetings of the Australian Parliament.
Capital Hill, is the location of Parliament House, Canberra, at the south apex of the land axis of the Parliamentary Triangle.
History
Temporary home in Melbourne (1901–1927)
The Commonwealth of Australia came into being on 1 January 1901 with the federation of the six Australian colonies.The inaugural election took place on 29 and 30 March and the first Australian Parliament was opened on 9 May 1901 in Melbourne by Prince George, Duke of Cornwall and York, later King George V.[11] The only building in Melbourne that was large enough to accommodate the 14,000 guests was the western annexe of the Royal Exhibition Building.[12] After the official opening, from 1901 to 1927 the Parliament met in Parliament House, Melbourne, which it borrowed from the Parliament of Victoria (which sat, instead, in the Royal Exhibition Building until 1927).
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. Fiji and New Zealand were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia.
Melbourne is the capital and most populous city of the Australian state of Victoria, and the second most populous city in Australia and Oceania. Its name refers to an urban agglomeration of 9,992.5 km2 (3,858.1 sq mi), comprising a metropolitan area with 31 municipalities, and is also the common name for its city centre. The city occupies much of the coastline of Port Phillip bay and spreads into the hinterlands towards the Dandenong and Macedon ranges, Mornington Peninsula and Yarra Valley. It has a population of approximately 4.9 million, and its inhabitants are referred to as "Melburnians".
George V was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 until his death in 1936.
The Big Picture, opening of the Parliament of Australia, 9 May 1901, by Tom Roberts
Victorian Parliament House, where the Federal Parliament met until 1927
It had always been intended that the national Parliament would sit in a new national capital.[13] This was a compromise at Federation due to the rivalry between the two largest Australian cities, Sydney and Melbourne, which both wished to become the new capital. The site of Canberra was selected for the location of the nation's capital city in 1908.[14] A competition was announced on 30 June 1914 to design Parliament House, with prize money of £7,000. However, due to the start of World War I the next month, the competition was cancelled. It was re-announced in August 1916, but again postponed indefinitely on 24 November 1916. In the meantime, John Smith Murdoch, the Commonwealth's Chief Architect, worked on the design as part of his official duties. He had little personal enthusiasm for the project, as he felt it was a waste of money and expenditure on it could not be justified at the time. Nevertheless, he designed the building by default.[15]
The construction of Old Parliament House, as it is called today, commenced on 28 August 1923[16] and was completed in early 1927. It was built by the Commonwealth Department of Works, using tradesmen and materials from all over Australia. The final cost was about £600,000, which was more than three times the original estimate. It was designed to house the parliament for a maximum of 50 years until a permanent facility could be built, but was actually so used for more than 60 years.
Old Parliament House as viewed from the front
The building was opened on 9 May 1927 by the Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother). The opening ceremonies were both splendid and incongruous, given the sparsely built nature of Canberra of the time and its small population. The building was extensively decorated with British Empire and Australian flags and bunting. Temporary stands were erected bordering the lawns in front of the Parliament and these were filled with crowds. A Wiradjuri elder, Jimmy Clements, was one of only two aboriginal Australians present, having walked for about a week from Brungle Station (near Tumut) to be at the event.[17]Dame Nellie Melba sang the National Anthem (at that time God Save the King). The Duke of York unlocked the front doors with a golden key, and led the official party into King's Hall where he unveiled the statue of his father, King George V. The Duke then opened the first parliamentary session in the new Senate Chamber.[18]
The competition winner was the Philadelphia-based architectural firm of Mitchell/Giurgola, with the on-site work directed by the Italian-born architect Romaldo Giurgola,[21] with a design which involved burying most of the building under Capital Hill, and capping the edifice with an enormous spire topped by a large Australian flag. The façades, however, included deliberate imitation of some of the patterns of the Old Parliament House, so that there is a slight resemblance despite the massive difference of scale. The building was also designed to "sit above" Old Parliament House when seen from a distance.[20]
Construction began in 1981, and the House was intended to be ready by Australia Day, 26 January 1988, the 200th anniversary of European settlement in Australia.[20] It was expected to cost A$220 million. Neither the deadline nor the budget was met. In the end it cost more than A$1.1 billion to build.[22]
The Constitution establishes the Commonwealth Parliament, consisting of three components: the Queen of Australia, the Senate and the House of Representatives.[3]
Most of the constitutional functions of the Crown are given to the Governor-General, whom the Queen appoints on the advice of the Prime Minister to act as her representative in Australia. Specifically, the Constitution gives the Governor-General the power to assent to legislation, refuse to assent, or to reserve a bill for the Queen's pleasure. However, by convention, the Governor-General does not exercise these powers, other than in accordance with the advice of the Prime Minister.
Senate
Senate ballot paper used in Victoria for 2016
The upper house of the Australian Parliament is the Senate, which consists of 76 members. Like the United States Senate, on which it was partly modelled, the Australian Senate includes an equal number of Senators from each state, regardless of population. Unlike it, however, the Australian Senate has always been directly elected. (The US Senate has been directly elected only from 1913.)[26]
The Constitution allows Parliament to determine the number of Senators by legislation, provided that the six original states are equally represented. Furthermore, the Constitution provides that each original state is entitled to at least six Senators. However, neither of these provisions applies to any newly admitted states, or to territories. Pursuant to an Act of Parliament passed in 1973, Senators are elected to represent the territories.[27] Currently, the two Northern Territory Senators represent the residents of the Northern Territory as well as the Australian external territories of Christmas Island and the Cocos (Keeling) Islands. The two Australian Capital Territory Senators represent the Australian Capital Territory, the Jervis Bay Territory and since 1 July 2016, Norfolk Island.[28] While only half of the State Senate seats go up for re-election each three years (except in the case of a double dissolution) as they serve six year terms, all of the Territory Senators must face the voters every three years.
Until 1949, each state elected the constitutional minimum of six Senators. This number increased to ten from the 1949 election, and was increased again to twelve from the 1984 election. The system for electing Senators has changed several times since Federation. The original arrangement used a first-past-the-postblock voting or "winner takes all" system, on a state-by-state basis. This was replaced in 1919 by preferential block voting. Block voting tended to produce landslide majorities and even "wipe-outs". For instance, from 1920 to 1923 the Nationalist Party of Australia had 35 of the 36 Senators, and from 1947 to 1950, the Australian Labor Party had 33 of the 36 Senators.[29]
In 1948, single transferable voteproportional representation on a state-by-state basis became the method for electing Senators. This change has led to the rise of a number of minor parties such as the Democratic Labor Party, Australian Democrats and Australian Greens who have taken advantage of this system to achieve parliamentary representation and the balance of power.[6] From the 1984 election, group ticket voting was introduced in order to reduce a high rate of informal voting but in 2016, group tickets were abolished to avoid undue influence of preference deals amongst parties that were seen as distorting election results[30] and a form of optional preferential voting was introduced.
Section 15 of the Constitution provides that a casual vacancy of a State Senator shall be filled by the State Parliament. If the previous Senator was a member of a particular political party the replacement must come from the same party, but the State Parliament may choose not to fill the vacancy, in which case Section 11 requires the Senate to proceed regardless. If the State Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the State Governor can appoint someone to fill the place until fourteen days after the State Parliament resumes sitting. The State Parliament can also be recalled to ratify a replacement.
The lower house of the Australian Parliament, the House of Representatives, is made up of single member electorates with roughly the same population. As is convention in the Westminster System, the party or coalition of parties that has the majority in this House forms the Government with the leader of that party or coalition becoming the Prime Minister. If the government loses the confidence of the House, they are expected to call a new election or resign.
Parliament may determine the number of members of the House of Representatives but the Constitution provides that this number must be "as nearly as practicable, twice the number of Senators"; this requirement is commonly called the "nexus provision". Hence, the House presently consists of 150 members. Each state is allocated seats based on its population; however, each original state, regardless of size, is guaranteed at least five seats. The Constitution does not guarantee representation for the territories. Parliament granted a seat to the Northern Territory in 1922, and to the Australian Capital Territory in 1948; these territorial representatives, however, had only limited voting rights until 1968.[31] 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.[32]
From 1901 to 1949, the House consisted of either 74 or 75 members (the Senate had 36). Between 1949 and 1984, it had between 121 and 127 members (the Senate had 60 until 1975, when it increased to 64). In 1977, the High Court ordered that the size of the House be reduced from 127 to 124 members to comply with the nexus provision.[33] In 1984, both the Senate and the House were enlarged; since then the House has had between 148 and 150 members (the Senate has 76).
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 of Australia government, a predecessor of the modern-day Liberal Party of Australia, changed the lower house voting system to Instant-runoff voting, which in Australia is known as full preferential voting, as of the subsequent 1919 election.[8][9] This system has remained in place ever since, allowing the Coalition parties to safely contest the same seats.[34] Full-preference preferential voting re-elected the Bob Hawke government at the 1990 election, the first time in federal history that Labor had obtained a net benefit from preferential voting.[35]
Only Australian citizens are eligible for election to either house.[37] They must not also hold citizenship of a "foreign power".[38] When the Constitution was drafted, all Australians were British subjects, so the word "foreign" meant non-British. But, in the landmark case Sue v Hill (1999), the High Court of Australia ruled that, at least since the Australia Act 1986, Britain has been a "foreign power", so that British citizens are also excluded.[39]
Compulsory voting was introduced for federal elections in 1924. The immediate justification for compulsory voting was the low voter turnout (59.38%) at the 1922 federal election, down from 71.59% at the 1919 federal election. Compulsory voting was not on the platform of either the Stanley Bruce-led Nationalist/Country party coalition government or the Matthew Charlton-led Labor opposition. The actual initiative for change was made by Herbert Payne, a backbench Tasmanian Nationalist Senator who on 16 July 1924 introduced a private Senator's bill in the Senate. Payne's bill was passed with little debate (the House of Representatives agreeing to it in less than an hour), and in neither house was a division required, hence no votes were recorded against the bill.[40] The 1925 federal election was the first to be conducted under compulsory voting, which saw the turnout figure rise to 91.4%. The turnout increased to about 95% within a couple of elections and has stayed at about that level since.[41]
Since 1973, citizens have had the right to vote upon turning 18. Prior to this it was 21.[42]
Australian Federal Police officers armed with assault rifles have been situated in both chambers of the Federal Parliament since 2015. It is the first time in Australian history that a parliament has possessed armed personnel.[43]
Each of the two Houses elects a presiding officer. The presiding officer of the Senate is called the President; that of the House of Representatives is the Speaker. Elections for these positions are by secret ballot. Both offices are conventionally filled by members of the governing party, but the presiding officers are expected to oversee debate and enforce the rules in an impartial manner.[44]
The Constitution authorises Parliament to set the quorum for each chamber. The quorum of the Senate is one-quarter of the total membership (nineteen); that of the House of Representatives is one-fifth of the total membership (thirty). In theory, if a quorum is not present, then a House may not continue to meet. In practice, members usually agree not to notice that a quorum is not present, so that debates on routine bills can continue without other members having to be present.[citation needed] Sometimes the Opposition will "call a quorum" as a tactic to annoy the Government or delay proceedings, particularly when the Opposition feels it has been unfairly treated in the House. The session of the relevant House is suspended until a quorum is present.[citation needed] It is the responsibility of the Government whips to ensure that, when a quorum is called, enough Government members are present to make up a quorum.
Both Houses may determine motions by voice vote: the presiding officer puts the question, and, after listening to shouts of "Aye" and "No" from the members, announces the result. The announcement of the presiding officer settles the question, unless at least two members demand a "division", or a recorded vote. In that case the bells are rung throughout Parliament House summoning Senators or Members to the chamber. During a division, members who favour the motion move to the right side of the chamber, whereas those opposed move to the left. They are then counted by the "tellers" (Government and Opposition whips), and the motion is passed or defeated accordingly. In the Senate, in order not to deprive a state of a vote in what is supposed to be a states' house, the President is permitted a vote along with other Senators (however, that right is rarely exercised); in the case of a tie, the President does not have a casting vote and the motion fails.[45] In the House of Representatives, the Speaker does not vote, except in the case of a tie (see casting vote).[44]
Most legislation is introduced into the House of Representatives and goes through a number of stages to become a law. The first stage is a first reading, where the legislation is introduced to the chamber, then there is a second reading, where a vote is taken on the general outlines of the bill. The legislation can then be considered by a House committee, which reports back to the House on any recommendations. This is followed by a consideration in detail stage, where the House can explore the bill in detail and make any amendments. This is finally followed by a third reading, where the bill is either passed or rejected by the House. If passed, the legislation is then sent to the Senate, which has a similar structure of debate and passage except that the consideration in detail stage is replaced by a committee of the whole. Once a bill has been passed by both Houses in the same form, it is then presented to the Governor-General for Royal Assent.[46]
The principal function of the Parliament is to pass laws, or legislation. Any Senator or Member may introduce a proposed law (a bill), except for a money bill (a bill proposing an expenditure or levying a tax), which must be introduced in the House of Representatives.[47] In practice, the great majority of bills are introduced by ministers. Bills introduced by other Members are called private members' bills. All bills must be passed by both Houses to become law. The Senate has the same legislative powers as the House, except that it may not amend money bills, only pass or reject them. The enacting formula for Acts of Parliament is simply "The Parliament of Australia enacts:".[48]
The Commonwealth legislative power is limited to that granted in the Constitution. Powers not specified are considered "residual powers", and remain the domain of the states. Section 51 grants the Commonwealth power over areas such as taxation, external affairs, defence and marriage. Section 51 also allows State parliaments to refer matters to the Commonwealth to legislate.[49]
Section 96 of the Australian Constitution gives the Commonwealth Parliament the power to grant money to any State, "on such terms and conditions as the Parliament thinks fit". In effect, the Commonwealth can make grants subject to States implementing particular policies in their fields of legislative responsibility. Such grants, known as "tied grants" (since they are tied to a particular purpose), have been used to give the federal parliament influence over state policy matters such as public hospitals and schools.[50]
The Parliament performs other functions besides legislation. It can discuss urgency motions or matters of public importance: these provide a forum for debates on public policy matters.[51] Senators and Members can move motions of censure against the government or against individual ministers. On most sitting days in both Houses there is a session called Question Time at which Senators and Members address questions to the Prime Minister and other ministers.[52] Senators and Members can also present petitions from their constituents.[53] Both Houses have an extensive system of committees in which draft bills are debated, evidence is taken and public servants are questioned. There are also joint committees, composed of members from both Houses.
In the event of conflict between the two Houses over the final form of legislation, the Constitution provides for a simultaneous dissolution of both Houses – known as a double dissolution.[10]Section 57 of the Constitution states that, "If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously."[54]
In an election following a double dissolution, each state elects their entire 12-seat Senate delegation, while the two territories represented in the Senate each elect their two senators as they would in a regular federal election. Because all seats are contested in the same election, it is easier for smaller parties to win seats under the single transferable vote system: the quota for the election of each senator in each Australian state in a full Senate election is 7.69% of the vote, while in a normal half-Senate election the quota is 14.28%.[55]
If the conflict continues after such an election, the Governor-General may convene a joint sitting of both Houses to consider the bill or bills, including any amendments which have been previously proposed in either House, or any new amendments. If a bill is passed by an absolute majority of the total membership of the joint sitting, it is treated as though it had been passed separately by both Houses, and is presented for royal assent. With proportional representation, and the small majorities in the Senate compared to the generally larger majorities in the House of Representatives, and the requirement that the number of members of the House be "nearly as practicable" twice that of the Senate, a joint sitting after a double dissolution is more likely than not to lead to a victory for the House over the Senate. This provision has only been invoked on one occasion, after the election following the 1974 double dissolution.[56] However, there are other occasions when the two Houses meet as one: see Joint meetings of the Australian Parliament.
A Senate committee room in Parliament House, CanberraA short video on Australian Parliamentary Committees
In addition to the work of the main chambers, both the Senate and the House of Representatives also have a large number of committees which deal with matters referred to them by their respective Houses. They provide the opportunity for all Members and Senators to ask questions of ministers and public officials as well as conduct inquiries, examine policy and legislation.[57] 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.[58]
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."[59][58]
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.[60] Other powers include, the ability to meet throughout Australia, to establish subcommittees and to take evidence in both public and private hearings.[58]
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.[60][58]
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 (in what is called the budget estimates process); 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 Parliament's own affairs. These include the Selection Committees of both Houses that determine how the Parliament will deal with particular pieces of legislation and private members business and the Privileges Committees that deal 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.
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. The Governor-General appoints as Prime Minister the leader of the party that has a majority of seats in or control of the House of Representatives and the Ministers are then appointed by the Governor-General as had been designated by the Prime Minister from his or her party or coalition of parties.
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.[61] 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. 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.[62] 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.[63]
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.[64]
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.[66]
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.
Role of the Senate
The Australian Senate
The Constitution of Australia established the Senate as part of the new system of dominion government in newly federated Australia. From a comparative governmental perspective, the Australian Senate exhibits distinctive characteristics. Unlike upper Houses in other Westminster system governments, the Senate is not a vestigial body with limited legislative power. Rather it was intended to play – and does play – an active role in legislation. Rather than being modelled solely after the House of Lords, as the Canadian Senate was, the Australian Senate was in part modelled after the United States Senate, by giving equal representation to each state. The Constitution intended to give less populous states added voice in a Federal legislature, while also providing for the revising role of an upper house in the Westminster system.[67]
One of the functions of the Senate, both directly and through its committees, is to scrutinise government activity. The vigour of this scrutiny has been fuelled for many years by the fact that the party in government has seldom had a majority in the Senate. Whereas in the House of Representatives the government's majority has sometimes limited that chamber's capacity to implement executive scrutiny, the opposition and minor parties have been able to use their Senate numbers as a basis for conducting inquiries into government operations.[68]
The constitutional text denies the Senate the power to originate or amend appropriation bills, in deference to the conventions of the classical Westminster system. Under a traditional Westminster system, the executive government is responsible for its use of public funds to the lower house, which has the power to bring down a government by blocking its access to supply – i.e. revenue appropriated through taxation. The arrangement as expressed in the Australian Constitution, however, still leaves the Senate with the power to reject supply bills or defer their passage – undoubtedly one of the Senate's most powerful abilities.[69]
Because of the federal nature of our Constitution and because of its provisions the Senate undoubtedly has constitutional power to refuse or defer supply to the Government. Because of the principles of responsible government a Prime Minister who cannot obtain supply, including money for carrying on the ordinary services of government, must either advise a general election or resign. If he refuses to do this I have the authority and indeed the duty under the Constitution to withdraw his Commission as Prime Minister. The position in Australia is quite different from a position in the United Kingdom. Here the confidence of both Houses on supply is necessary to ensure its provision. In United Kingdom the confidence of the House of Commons alone is necessary. But both here and in the United Kingdom the duty of the Prime Minister is the same in a most important aspect – if he cannot get supply he must resign or advise an election.
—Governor-General Sir John Kerr, Statement (dated 11 November 1975)[70]
The ability to block supply was the origin of the 1975 Australian constitutional crisis. The Opposition used its numbers in the Senate to defer supply bills, refusing to deal with them until an election was called for both Houses of Parliament, an election which it hoped to win. The Prime Minister of the day, Gough Whitlam, contested the legitimacy of the blocking and refused to resign. The crisis brought to a head two Westminster conventions that, under the Australian constitutional system, were in conflict – firstly, that a government may continue to govern for as long as it has the support of the lower house, and secondly, that a government that no longer has access to supply must either resign or be dismissed. The crisis was resolved in November 1975 when Governor-General Sir John Kerr dismissed Whitlam's government and appointed a caretaker government on condition that elections for both Houses of parliament be held.[70] This action in itself was a source of controversy and debate continues on the proper usage of the Senate's ability to block supply and on whether such a power should even exist.[71]
The blocking of supply alone cannot force a double dissolution. There must be legislation repeatedly blocked by the Senate which the government can then choose to use as a trigger for a double dissolution.[72]
Privileges
Members of the Australian Parliament do not have legal immunity: they can be arrested and tried for any offence. They do, however, have Parliamentary privilege: they cannot be sued for anything they say in Parliament about each other or about persons outside the Parliament.[73] This privilege extends to reporting in the media of anything a Senator or Member says in Parliament. The proceedings of parliamentary committees, wherever they meet, are also covered by privilege, and this extends to witnesses before such committees.
From the beginning of Federation until 1987, Parliamentary privilege operated under Section 49 of the Constitution, which established the privileges of both Houses and their members to be the same as the House of Commons of the United Kingdom at the time of the Constitution's enactment. The Parliament was also given the power to amend its privileges.[59] In 1987, the Parliament passed the "Parliamentary Privileges Act", which clarified the meaning and extent of privilege as well as how the Parliament deals with breaches.[74]
There is a legal offence called contempt of Parliament. A person who speaks or acts in a manner contemptuous of the Parliament or its members can be tried and, if convicted, imprisoned. The Parliament previously had the power to hear such cases itself, and did so in the Browne–Fitzpatrick privilege case, 1955. This power has now been delegated to the courts. There have been few convictions. In May 2007, Harriet Swift, an anti-logging activist from New South Wales was convicted and reprimanded for contempt of Parliament, after she wrote fictitious press releases and letters purporting to be from Federal MP Gary Nairn as an April Fools' Day prank.[75]
Radio broadcasts of Parliamentary proceedings began on 10 July 1946.[76] They were originally broadcast on Radio National. Since August 1994 they have been broadcast on ABC NewsRadio, a government-owned channel set up specifically for this function. It operates 24 hours a day and broadcasts other news items when parliament is not sitting.
The first televised parliamentary event was the historic 1974 Joint Sitting.[77] Regular free-to-air television broadcasts of Question Time began in August 1990 from the Senate and February 1991 from the House of Representatives. Question Time from the House of Representatives is televised live, and the Senate Question Time is recorded and broadcast later that day. Other free-to-air televised broadcasts include: the Treasurer's Budget speech and the Leader of the Opposition's reply to the Budget two days later; the opening of Parliament by the Governor-General; the swearing-in of Governors-General; and addresses to the Parliament by visiting heads of state.
In 2009, the Pay TV company Foxtel launched A-SPAN, now called A-PAC or "Australia's Public Affairs Channel", which broadcasts live sittings of the House of Representatives and the Senate, parliamentary Committee meetings and political press conferences.[78]
The Parliament House official website provides free extensive daily proceedings of both chambers as well as committee hearings live on the Internet.[79]
The current Parliament is the 45th Australian Parliament. The most recent federal election was held on 2 July 2016 and the 45th Parliament first sat on 30 August.
Bob Day, of the Family First Party, resigned from the Senate on 1 November 2016 following the collapse of his business. His eligibility to have stood in the 2016 election was referred by the Senate to the High Court, sitting as the Court of Disputed Returns.[89] In April 2017 the court found that Day was not validly elected at the 2016 election and ordered that a special recount of South Australian ballot papers be held in order to determine his replacement.[90] The court announced that Lucy Gichuhi was elected in his place on 19 April 2017.[91][92] On 26 April 2017, Family First merged with the Australian Conservatives; however, Gichuhi declined to join the new party, announcing she would sit as an independent.[93]
Rodney Culleton, who had left Pauline Hanson's One Nation Party on 19 December 2016 to become an independent, had his eligibility to stand in the 2016 election challenged on two constitutional grounds. Among the grounds of ineligibility provided in Constitution section 44, a person cannot sit in either house of the Parliament if they are bankrupt or have been convicted of a criminal offence carrying a potential prison sentence of one year or more.
Culleton was declared bankrupt by the Federal Court on 23 December 2016. On 11 January 2017, after receiving an official copy of the judgment, the President of the Senate declared Culleton's seat vacant. Culleton's appeal against that judgment was dismissed by a full court of the Federal Court on 3 February 2017.[94]
This judgment was followed later on the same day by the High Court's decision that Culleton was ineligible owing to conviction for a criminal offence carrying a potential prison sentence of one year or more. This was a decision as the Court of Disputed Returns following a reference by the Senate at the same time as with Day. It was decided that, since Culleton's liability to a two-year sentence for larceny had been in place at the time of the 2016 election, he had been ineligible for election and that this was not affected by the subsequent annulment of that conviction; the Court also held that the resulting vacancy should be filled by a recount of the ballot, in a manner to be determined by a single Justice of the Court.[95] Following that recount, on 10 March 2017 the High Court named Peter Georgiou as his replacement, returning One Nation to 4 seats.[96]
Throughout the later half of 2017, several members of the Parliament, including Deputy Prime Minister of AustraliaBarnaby Joyce, have had their eligibility for parliament challenged for breach of section 44 of the Constitution, due to dual citizenships. The High Courtunanimously ruled on 27 October 2017 that a dual citizen is disqualified from taking seat in parliament, unless he/she had taken "all steps reasonably required by foreign law to renounce his or her citizenship of a foreign power". This meant that five parliamentarians were ineligible to take their seat. After the judgement, many other members of parliament have also been found to have dual citizenship and disqualified.
Historical compositions
Senate
The Senate has included representatives from a range of political parties, including several parties that have seldom or never had representation in the House of Representatives, but which have consistently secured a small but significant level of electoral support, as the table shows.
Results represent the composition of the Senate after the elections. The full Senate has been contested on eight occasions; the inaugural election and seven double dissolutions. These are underlined and highlighted in puce.[98]
↑ 15 LNP MPs sit in the Liberal party room and 6 in the National party room
↑ After Malcolm Turnbull lost the Liberal leadership, National MP Kevin Hogan (Page) left the government benches, but guaranteed confidence and supply and remained in the National party room.
The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia.
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 states regardless of population and 2 from each of the two autonomous internal territories. Senators are popularly elected under the single transferable vote system of proportional representation.
In the Parliament of Australia, a casual vacancy arises when a member of either the Senate or the House of Representatives:
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.
This is a list of members of the Australian Senate from 1990 to 1993. Half of the state senators had been allocated a long term following the double dissolution election in 1987 and had terms due to finish on 30 June 1993; the other half of the state senators were elected at the March 1990 election and had terms due to finish on 30 June 1996. The territory senators were elected at the March 1990 election and their terms ended at the dissolution of the House of Representatives, which was March 1993.
There have been 100 women in the Australian Senate since the establishment of the Parliament of Australia. Women have had the right to stand for federal parliament since 1902, and there were three female candidates for the Senate at the 1903 federal election. However, it was not until Dorothy Tangney's victory at the 1943 federal election that a woman was actually elected. Since then, all states and territories have had multiple female senators – in chronological order: Western Australia (1943), Queensland (1947), Victoria (1950), South Australia (1955), Tasmania (1975), the Australian Capital Territory (1975), New South Wales (1987), and the Northern Territory (1998).
A joint sitting of the Australian parliament was convened in 1974, in which members of the Senate and House of Representatives sat together as a single legislative body. The joint sitting was held on 6 and 7 August 1974, following the double dissolution 1974 federal election, and remains the only time that members of both houses of the federal parliament have sat together as a single legislative body pursuant to section 57 of the Constitution.
The politics of Australia take place within the framework of a federal parliamentary constitutional monarchy. Australians elect parliamentarians to the federal Parliament of Australia, a bicameral body which incorporates elements of the fused executive inherited from the Westminster system, and a strong federalist senate, adopted from the United States Congress. Australia largely operates as a two-party system in which voting is compulsory. The Economist Intelligence Unit has rated Australia as a "full democracy" in 2017.
The Court of Disputed Returns in Australia is a special jurisdiction of the High Court of Australia. This jurisdiction was initially established by Part XVI of the Commonwealth Electoral Act 1902 and is now contained in Part XXII of the Commonwealth Electoral Act 1918. The High Court sitting as the Court of Disputed Returns hears challenges regarding the validity of federal elections. The jurisdiction is twofold: (1) on a petition to the Court by an individual with a relevant interest or by the Australian Electoral Commission, or (2) on a reference by either house of the Commonwealth Parliament.
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns. It has been reviewed several times, but has not been amended. Following several disqualifications under sub-section 44(i), a new review of the whole section was instituted on 28 November 2017.
This is a list of members of the Australian Senate from 1974 to 1975. The 18 May 1974 election was a double dissolution of both Houses, with all 127 seats in the House of Representatives, and all 60 seats in the Senate up for election. The incumbent Labor Party led by Prime Minister Gough Whitlam defeated the opposition Liberal Party led by Billy Snedden and their Coalition partner the Country Party led by Doug Anthony.
This is a list of members of the Australian Senate from 1951 to 1953. The 28 April 1951 election was a double dissolution called by Prime Minister of Australia Robert Menzies in an attempt to gain control of the Senate and to pass a bill to ban the Communist Party of Australia, if necessary at a joint sitting of both houses. All 121 seats in the House of Representatives, and all 60 seats in the Senate were up for election. The incumbent Liberal Party of Australia led by Menzies with coalition partner the Country Party led by Arthur Fadden defeated the Australian Labor Party led by Ben Chifley and gained control of the Senate with 32 seats to Labor's 28.
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 6 and 3-year terms following a double dissolution of the Parliament of Australia. While member of the House of Representatives have a maximum three-year term, members of the Senate have a fixed 6-year term, subject only to the parliament being dissolved by a double dissolution.
The 2019 Australian federal election will elect members of the 46th Parliament of Australia. The election will be called following the dissolution or expiry of the 45th Parliament as elected at the 2016 double dissolution federal election.
This is a list of members of the Australian Senate following the 2016 double dissolution election on 2 July 2016. All 76 senators were elected due to the election being the result of a double dissolution, and not an ordinary half-senate election. The terms of half of the senators representing each of the six states of Australia were allocated six-year terms ending on 30 June 2022 with the remainder allocated three-year terms ending on 30 June 2019. The terms of senators from the states can only be truncated if another double dissolution election is called. The terms of senators from the Australian Capital Territory and the Northern Territory end on the next dissolution of the House of Representatives.
The 2016 Australian federal election in the Senate was part of a double dissolution election held on Saturday 2 July to elect all 226 members of the 45th Parliament of Australia, after an extended eight-week official campaign period. It was the first double dissolution election since the 1987 election and the first under a new voting system for the Senate that replaced group voting tickets with optional preferential voting.
The history of same-sex marriage in Australia includes its express prohibition by the Howard Government in 2004 and its eventual legalisation by the Parliament in December 2017. Although a same-sex marriage law was passed by the Australian Capital Territory in 2013, it was struck down by the High Court on the basis of inconsistency with federal law. The Court's decision closed the possibility of concurrent state or territory laws that would allow same-sex marriage where federal law did not. A law legalising same-sex marriage passed the Parliament on 7 December 2017 and received royal assent the following day.
↑ Williams, George; Brennan, Sean; Lynch, Andrew (2014). Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials (6 ed.). Leichhardt, NSW: Federation P. p.2. ISBN978-1-86287-918-8..
↑ Williams, George; Brennan, Sean; Lynch, Andrew (2014). Blackshield and Williams Australian constitutional law and theory: commentary and materials (6th ed.). Annandale, NSW: Federation Press. p.415. ISBN9781862879188.
↑ Simms (ed.), M. (2001). 1901: The forgotten election. University of Queensland Press, Brisbane. ISBN0-7022-3302-1.CS1 maint: Extra text: authors list (link)
↑ Constitution of Australia, section 125: "The seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New South Wales, and be distant not less than one hundred miles from Sydney. Such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of Crown lands shall be granted to the Commonwealth without any payment therefor. The Parliament shall sit at Melbourne until it meet at the seat of Government."
↑ Messenger, Robert (4 May 2002). """Mythical thing" to an iced reality" in "Old Parliament House: 75 Years of History", supplement". The Canberra Times.
↑ Lovell, David W; Ian MacAllister; William Maley; Chandran Kukathas (1998). The Australian Political System. South Melbourne: Addison Wesley Longman Australia Pty Ltd. p.737. ISBN0-582-81027-2.
↑ Cannon, Michael (1985). Australia Spirit of a Nation. South Melbourne: Curry O'Neil Ross Pty Ltd. p.100. ISBN0-85902-210-2.
↑ Cannon, Michael (1985). Australia Spirit of a Nation. South Melbourne: Curry O'Neil Ross Pty Ltd. p.146. ISBN0-85902-210-2.
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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