A new Parliament
House of Representatives Infosheet
No. 9 Revised November 1998 Page menu : Summoning
the new Parliament | Assembly of Members | Swearing
in of Members | Election of Speaker | Governor-General's
speech | Formal business | Reporting the Governor-General's
speech, Address in Reply Committee | Other business | Address
in Reply debate | Briefings | First speeches
| The life of a Parliament | Sessions of Parliament
and prorogation | Opening a new session after prorogation
| Proposals for change to opening procedure | An
historical note | Suggestions for further reading
The Parliament commencing in 1998, following the October 1998 general election,
will be the 39th Parliament. This Infosheet describes the key features of the
assembly and opening of a new Parliament. Summoning the new Parliament
When the results of a general election have been determined the Electoral Commissioner
certifies on the writs the name of the successful candidate for each electoral
division and returns the writs to the Governor-General, who in turn has them forwarded
to the Clerk of the House. The time and date for the new Parliament to assemble
is fixed by the Governor-General by proclamation, acting on the advice of the
Government. The Parliament may meet as soon as the writs have been returned and,
under the Constitution, it must meet no later than 30 days after the last day
appointed for the return of the writs. 
Proceedings on opening day Assembly of Members
On the day and at the time appointed for the first meeting of a new Parliament
the bells ring throughout Parliament House to call Members and Senators to their
respective Chambers. Before the bells cease the Serjeant-at-Arms places the Mace
below the Table, signifying that, as the House has not yet elected a Speaker,
it is not properly constituted. When the bells stop, the Clerk of the House reads
the proclamation summoning Parliament. Shortly afterwards the Usher of the Black
Rod, the Senate's counterpart to the House's Serjeant-at-Arms, is admitted to
the Chamber and announces a message from the Deputy of the Governor-General requesting
the attendance of Members in the Senate Chamber. Members proceed to the Senate
Chamber to hear the Deputy formally declare the Parliament open. The Deputy appointed
by the Governor-General for this purpose is normally the Chief Justice of the
High Court. Members then return to the House of Representatives Chamber to be
sworn in and to choose a Speaker.
Swearing in of Members The Constitution provides
that every Member shall make and subscribe an oath or affirmation of allegiance,
the terms of which are also prescribed in the Constitution, before taking his
or her seat. A Member may take no part in proceedings until he or she has done
so. Following the arrival of a justice of the High Court nominated by the
Governor-General, who takes the Speaker's Chair, the Clerk reads to the House
the judge's authorisation to administer the oath or affirmation of allegiance
and tables the returns to the writs which indicate the Member elected for each
electoral division. Members are then called to the Table in groups to swear an
oath or make an affirmation and sign the oath or affirmation form.
Election of Speaker The Constitution states that
before proceeding to any other business the House must choose a Speaker (its chairman
and spokesman—see Infosheet No. 3 — The Speaker).
After Members have been sworn in the Clerk presides over the election of Speaker.
The Clerk calls for nominations and asks the nominees if they accept nomination.
If more than one nomination is received, debate may take place, and a secret ballot
is then conducted. The Member elected thanks the House before taking the Chair
as Speaker. The Mace is then placed on the Table, signifying that the House is
then properly constituted. After the Prime Minister, the Leader of the Opposition
and other Members have formally congratulated the new Speaker, the Prime Minister
announces a time when the Governor-General will receive the Speaker, usually that
afternoon. The sitting is then suspended. Members reassemble in the Chamber just
before the appointed time and accompany the Speaker as he or she leaves the Chamber
to be presented to the Governor-General in the Members' Hall. At this presentation
the Speaker is usually given an authority by the Governor-General to administer
the oath or affirmation to Members not present earlier or to those who may be
elected at by-elections during the course of the Parliament.
Governor-General's speech When the Speaker and
Members have returned to the House, the Usher of the Black Rod arrives from the
Senate Chamber and, in keeping with tradition, knocks three times on the Chamber
door. Black Rod is admitted and announces that the Governor-General requires the
attendance of Members in the Senate Chamber. The Speaker, preceded by the Serjeant-at-Arms
and accompanied by the Clerks and Members, walks in procession to the Senate where
the Governor-General makes the 'opening speech'. This is a formal declaration
of the causes of the calling together of the Parliament and contains a brief review
of the affairs of the nation and a forecast of the Government's proposed program
of legislation. At the conclusion of the speech, usually lasting about 20-30
minutes, a copy is presented to the President of the Senate and to the Speaker.
At this point a 19-gun artillery salute is fired outside Parliament House. The
Governor-General then leaves the Senate Chamber and the Speaker and Members return
in procession to the House of Representatives.
Formal business The rules of the House specify
that before the Governor-General's speech is reported some formal business shall
be transacted. This tradition is a symbolic declaration by the House that it is
master of its own program of business. The declaration takes the form of the presentation
and first reading of a 'formal' or 'privilege' bill and, usually, announcements
by the Prime Minister and Leader of the Opposition of the composition of the Ministry
and party appointments respectively.
Reporting the Governor-General's speech, Address in Reply Committee
The Speaker then formally reports the Governor-General's speech to the House and
a committee is appointed to prepare an 'Address in Reply', which is a resolution
expressing loyalty to the Queen and thanking the Governor-General for the speech.
The committee subsequently reports the proposed terms of the Address to the House,
either later that day or at a later sitting. It is customary at this time
for the sitting to be suspended to enable Members and their guests to attend an
afternoon tea hosted by the Presiding Officers.
Other business The House is then free to proceed
to other business before adjourning for the day. Business conducted at this stage
commonly includes the election of the Deputy Speaker and Second Deputy Speaker
and condolence motions or references to the deaths of former Members or Senators.
Address in Reply debate When the proposed Address
in Reply is presented on behalf of the Address in Reply Committee (a formality—the
substance of the Address does not change from Parliament to Parliament), a motion
is moved that the Address be agreed to. By this means a major debate is initiated.
A feature of the debate is that the normal rules of relevance do not apply, and
Members may speak on any matter they wish, provided the other rules of debate
are observed. The debate usually proceeds for several days and provides the opportunity
for a wide-ranging debate at the very beginning of the Parliament.
New Members Briefings At the beginning
of a new Parliament there are some Members who have been elected for the first
time. It is essential for these Members to learn how to function as effectively
as possible in their new environment and to gain some understanding of the operations
and procedures of the House. Briefings, in the form of a seminar, are offered
to assist them in these matters.
First speeches The first speech made by a newly
elected Member was traditionally called a 'maiden' speech. There is a convention
in the House that a first speech is heard without interjection or interruption
and the Chair will normally draw the attention of the House to the fact that a
Member is making a first or maiden speech. In return for this courtesy it is considered
that the Member should not be unduly provocative. Most new Members make their
first speech during the Address in Reply debate.
The life of a Parliament Under the Constitution
the House of Representatives may continue for a maximum of three years from the
date of its first meeting. However, the Governor-General may dissolve the House
by proclamation before the expiry of the three years. The period from the first
sitting of the House after a general election until the expiry or dissolution
of the House is called a Parliament. Dissolution of the House of Representatives
is by far the most common way for a Parliament to end and since Federation only
one Parliament has run for its maximum length ('expired by effluxion of time').
On six occasions the Governor-General has dissolved the Senate and the House of
Representatives simultaneously in accordance with provisions in the Constitution
relating to disagreements between the Houses (see Infosheet
No. 18 — Double dissolution. Following a dissolution or expiry
of the Parliament a general election must be held and the Governor-General issues
writs directing the Electoral Commissioner to conduct a general election for Members
of the House (see Infosheet No. 8 — Elections for the
House of Representatives). When the House expires, or is dissolved
in normal circumstances, the Senate continues to exist. Senators are elected for
a fixed period of six years, with half the membership of the Senate being replaced
on 1 July every three years. It is usual, but not necessary, for elections for
half the Senate to be held at the same time as general elections for the House.
Sessions of Parliament and prorogation The life
of a Parliament is divided into sessions and may consist of one session or a number
of sessions. A session is ended by expiry or dissolution (in the case of the final
session of a Parliament) or by proclamation of the Governor-General proroguing
the Parliament. The effect of a prorogation is to suspend immediately all business
until Parliament is summoned to meet again by the Governor-General. In the last
50 years prorogations have been uncommon and Parliaments have thus usually consisted
of only one session. On three occasions, in 1954, 1974 and 1977, the Parliament
has been prorogued in order to allow the Queen to open a new session of the Parliament
in person.
Opening a new session after prorogation On the
opening day after a prorogation there is no need for Members to be sworn in or
to elect a Speaker. The Governor-General makes an opening speech and proceedings
for this are the same as for an opening after a dissolution and general election.
Proposals for change to opening procedure In
1995 the House of Representatives Standing Committee on Procedure reported on
the procedures for the opening of Parliament, making recommendations aimed at
simplifying the proceedings while retaining the dignity, ceremony and sense of
occasion which the event warrants. The proposed arrangements included the delivery
of the Governor-General's speech in the Great Hall of Parliament and fewer processions
of Members.
An historical note The opening of a new Parliament
is marked by ceremony and traditional practices derived from those of the United
Kingdom Parliament. Some of these practices reflect the historical need to
establish and protect the Parliament's right to conduct its business free of interference
from the Sovereign. One such practice is that of conducting formal business before
reporting the Governor-General's speech. Another is the custom that the Parliament
is declared open and the Governor-General's speech delivered in the Senate Chamber.
This occurs in spite of the fact that the House of Representatives is the people's
house and the 'house of government', because according to tradition neither the
Queen nor her representative, the Governor-General, may enter the House of Representatives
Chamber during proceedings. In 1642 King Charles I went to Westminster accompanied
by armed guards. He entered the Chamber of the House of Commons and attempted
to arrest five of its Members. He was unsuccessful and the Members escaped. Since
then no Sovereign has entered the House of Commons Chamber during proceedings
and this tradition has continued in the Commonwealth Parliament.
Suggestions for further readingHouse
of Representatives Practice, 3rd edn. A.G.P.S., Canberra, 1997. pp 230–251.
House of Representatives Standing Committee on Procedure, Procedures
for the opening of Parliament. (Parliamentary Paper 159 of 1995).
Last updated: November 1998
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