![]() ![]() ![]() |
|||
![]() |
Home | The Forty-first Parliament The Forty-first Parliament
The following links are to additional information - not available in the Parliamentary Handbook
The Commonwealth of Australia Constitution Act 1900 (UK) established a new political system unifying the six colonies into the nation that came into being on 1 January 1901. The Commonwealth Parliament is one of the three branches of government established by the Constitution—the others being the Executive Government and the Judicature. The Commonwealth Parliament is bicameral, the Senate and the House of Representatives being its two legislative houses. During the constitutional debates of the 1890s, there was general agreement that the political system would follow the principles of ‘responsible government’ which the Australian colonies had inherited from Great Britain. This meant that the holders of government office—the Executive or Ministry—would be responsible to the people’s elected representatives, and their tenure of office would be dependent upon retention of the confidence of the lower house. Accordingly, the House of Representatives has been conventionally accepted as the house of which the Prime Minister and the Leader of the Opposition are members. Apart from the British principles of responsible government, the Australian Constitution established a federal political system very much like the United States model. The federal structure was seen as the best basis for uniting the six colonies, because it protected much of the political autonomy of the States. The Constitution specified the powers of the Parliament; powers not so specified remained the responsibility of the States. The Governor-GeneralSection 1 of the Constitution describes the Commonwealth Parliament as consisting of the Sovereign (or Sovereign’s representative in the Governor-General), the Senate and the House of Representatives. The Governor-General is appointed by the Sovereign, upon the advice of the Australian Prime Minister, and exercises the following powers with respect to the Parliament:
SenateThe Senate has 76 members. Each State elects 12 Senators, who are elected from a State-wide electorate. Equality of State representation was designed to protect the smaller States against those with larger populations. Two Senators are elected from each of the Australian Capital Territory and the Northern Territory. The number of Senators has increased from an original total of 36 (six per State), to 60 in 1949 (ten per State), to 64 in 1974 (including the four Territory Senators), and then to 76 in 1984 (12 per State and the four from the Territories). Two features are designed to give the Senate a degree of independence from the House of Representatives. The first is a longer term of office for State Senators—twice the maximum term of the Members of the House of Representatives. The second is the rotation of terms, whereby half the Senators for each State retire at 30 June every three years. Territory Senators’ terms are tied to the terms of Members of the House of Representatives. Since 1949, the voting method for the Senate has been proportional representation. The combined effect of proportional representation, declining major party loyalties of voters, and an increase in the number of parties and groups contesting elections, has made it increasingly difficult for any government to obtain a majority in the Senate. For details of party representation in the Senate from 1901 see the tables at Parliamentary representation in Parliament. House of RepresentativesThe House of Representatives currently has 150 members elected from single-member electorates. The Constitution requires that the number of Members must be, ‘as nearly as practicable’, twice that of the number of (State) Senators. This means that any substantial change in the size of the House of Representatives must parallel a change in the size of the Senate. Two such changes have been made, and took effect at the 1949 and 1984 elections. Variations in House numbers can occur due to changes in the States’ and Territories’ entitlements. Between 1901 and 1949 there were either 74 or 75 Members; between 1949 and 1984 the number ranged from 121 to 127; since 1984 the number has ranged from 147 to 150 Members. On almost all occasions the government of the day has controlled the House. For details of party representation in the House from 1901 see the tables at Parliamentary representation in Parliament. LegislationMost Bills examined by Parliament are introduced by the government in the House of Representatives. Section 53 of the Constitution imposes limitations on the power of the Senate over financial matters. Proposed laws appropriating revenue for the ordinary annual services of the Government, or imposing taxation, can be introduced only in the House of Representatives. The Senate may not amend such legislation, nor may it amend any proposed law so as to increase any proposed charge or (financial) burden on the people. The matters upon which Parliament may legislate are specified in section 51 of the Constitution. Legislative conflictThe Senate may reject any Bill. Section 57 of the Constitution provides a method for the resolution of any deadlock which may occur from the failure of the Senate to pass a Bill that has been passed by the House of Representatives. Under certain specified conditions, the Governor-General may dissolve both houses, and issue the writs for elections for all House of Representatives and Senate seats. Such simultaneous (double dissolution) elections have been held in 1914, 1951, 1974, 1975, 1983 and 1987. If, after a double dissolution, disputed legislation is again rejected, it can be put to a joint sitting of both houses. The only such joint sitting was held after the 1974 double dissolution election. The governmentBy convention, the Governor-General commissions the leader of the majority party or coalition in the House of Representatives to form a government. It is the practice to include a number of Senators in the Ministry. The Fourth Howard Government was sworn in on 26 October 2004. For full details of the ministry see pp. 28–30. Parliament’s various locationsThe first Parliament was opened in Melbourne on 9 May 1901 in the Exhibition Building. Under an agreement between the Commonwealth and the Victorian Governments, the Commonwealth Parliament met in the Victorian Parliament House from 1901 to 1927 during which time the Victorian Parliament was housed in the Exhibition Building. This had been planned as a temporary arrangement, but the Commonwealth Parliament did not meet in the provisional Parliament House in Canberra until 9 May 1927. In 1988 the Parliament moved to its permanent building on Capital Hill. The building was opened by Queen Elizabeth II on 9 May 1988, and the first sittings in the new building took place on 22 August 1988. The centenary of the Parliament was celebrated in the Exhibition Building and the Victorian Parliament on 9–10 May 2001. Sitting periodsThe Commonwealth Parliament must meet at least once each year. Before 1994 there were traditionally two sitting periods: Autumn (February–June) and Budget (August–December). Since 1994 there have been three sittings each calendar year: Autumn (February–March), Budget (May–June), and Spring (August–December). The earlier arrangement may be reverted to when the electoral cycle makes a May budget impracticable. The following table shows the number of sitting days per decade for each house and the number of Acts passed. Sitting days
The following table shows the number of sitting days and number of Acts passed for each year for the ten years prior to the 2004 election. Sitting days
* denotes election year The basis for the statistics on the number of Acts passed per annum is that of the total of numbered Acts of Parliament for each calendar year. CommitteesThe purpose of parliamentary committees is mainly to conduct inquiries into specified matters which includes taking submissions, hearing witnesses, sifting evidence, discussing matters in detail and formulating reasoned conclusions. Committees are a convenient vehicle for this activity and by concentrating on specific tasks or subjects, also offer the benefits of specialisation. An important function of committees is to scrutinise government activity including legislation, the conduct of public administration and policy issues. Committees may oversee the expenditure of public money and they may call the Government or the public service to account for their actions and ask them to explain or justify administrative decisions. A parliamentary committee consists of a group of Members or Senators (or both in the case of joint committees) appointed by one or both Houses of Parliament. Through its committees the Parliament obtains information from Government agencies and peak bodies, and advice from experts on the matters under investigation. Public input is also important. Through its committees Parliament is able to be better informed of community problems and attitudes. Committees provide a public forum for the presentation of the various views of individual citizens and interest groups. More information about the committees of Parliament can be found in the following documents:
The Main Committee is essentially a debating committee. It is commonly referred to as the ‘second chamber’ of the House of Representatives—a title more indicative of its role, and one which it has been recommended should be formally adopted. The Main Committee is an extension of the Chamber of the House, operating in parallel to allow two streams of business to be debated concurrently. It does not undertake inquiries or hear evidence as the standing committees do. Its debates are recorded in Hansard and the minutes of its proceedings are included in the Votes and Proceedings of the House. The Main Committee meets in the largest of the House of Representatives committee rooms. This room has been dedicated to its role and is furnished as a small-scale chamber incorporating the U-shaped seating configuration used in the Chamber of the House. For more information see Main Committee, House of Representatives Infosheet No. 16, www.aph.gov.au/house/info/infosheets/is16.pdf Parliamentary debates (Hansard)Parliamentary debates are recorded and are published by the Department of Parliamentary Services. The Debates, or Hansard, contain the full text of speeches, petitions, notices of motion, questions in writing and the answers thereto, and requests made to the Presiding Officers for detailed information concerning the Parliament. The official record of the proceedings of the House of Representatives is the Votes and Proceedings, and that of the Senate is the Journals of the Senate. Parliamentary information on the InternetThe Parliament of Australia home page is found at: www.aph.gov.au/ This contains links to the Senate, the House of Representatives and the Department of Parliamentary Services. From this page users may gain access to the Notice Papers and the Debates for both houses, and the Journals of the Senate and the Votes and Proceedings, Committee Hansards and other parliamentary information. The Parliamentary Library home page is at www.aph.gov.au/library/
Broadcasting of ParliamentSince 1946, the Australian Broadcasting Corporation (ABC) has broadcast each Parliamentary sitting day on radio, with each house being broadcast on alternate days. Question Time for the chamber not broadcast on any day is broadcast during the other chamber’s dinner break. Broadcasts can be heard on the ABC’s Parliamentary and News Network radio stations. Televised proceedings were introduced gradually, with televised broadcasts being initially limited to the official opening ceremony of Parliament and other special occasions by resolution. Approved film footage, or sound recording with approved film excerpts, was permitted in news services. Televising of proceedings was authorised by the Senate in 1990 and by the House in 1991. Question Time is televised live, with each house being broadcast on alternate days, and footage of proceedings is able to be used in news and current affairs programs. From 1999 live broadcasts of proceedings have been available on the Internet.
Parliamentary Library | Parliamentary Handbook home
For more information about the compliancy standards applied within the Parliamentary Handbook please see the Accessibility page.
|