50 years ago this week, the 127 members of the House of Representatives and 60 Senators of the 29th Parliament came together in the chamber of the House of Representatives at Old Parliament House for a joint sitting. This was the first and only time a joint sitting has been conducted for the purposes of resolving a legislative deadlock following a double dissolution in accordance with section 57 of the Constitution.
In most cases the government proposes a law and passes it through the House of Representatives, and it is then considered by the Senate. The Senate can agree or make amendments. Once the bill is agreed in the same form, the proposed law can receive royal assent and becomes law.
Most disagreements are resolved via compromise or amendment but if the Houses cannot agree, there is a constitutional means for resolving the disagreement. This applies only to a proposed law which originated in the House and does not apply to a bill originating in the Senate. There are several stages in the process outlined in Section 57 of the Constitution (see Figure -Section 57-the existing process for resolving deadlocks over legislation).
There have been seven occasions when the Governor-General has dissolved the Senate and the House of Representatives simultaneously but only one of these occasions resulted in a joint sitting.
Pathway to double dissolution and the joint sitting
The pathway to the joint sitting began in December 1972 with the commencement of the 28th Parliament. The Whitlam Government was elected with a majority in the House of Representatives but held only 26 of the 60 seats in the Senate. This meant that there was the potential for government legislation to be held up or defeated in the Senate by the combined non-government majority. The failed bills would act as potential triggers for a double dissolution if twice rejected by the Senate. The Government considered that there were six bills during the 28th Parliament that fulfilled the constitutional requirements to be treated as double dissolution bills:
- Commonwealth Electoral Bill (No. 2) 1973;
- Senate (Representation of Territories) Bill 1973;
- Representation Bill 1973;
- Health Insurance Commission Bill 1973:
- Health Insurance Bill 1973; and
- Petroleum and Minerals Authority Bill 1973. [1]
On 11 April 1974, the Governor-General Sir Paul Hasluck on the advice of the Prime Minister, the Hon Gough Whitlam, issued a proclamation dissolving the Senate and the House of Representatives simultaneously. An election was held on 18 May 1974, the new Parliament met on 9 July 1974 and on 10 July the six double dissolution bills were introduced into the House and declared urgent.[2] All six bills were negatived by the Senate at the second reading between 16 July and 24 July 1974.
The Government was of the view that these six bills had then fulfilled the constitutional requirements to be submitted to a joint sitting of the Houses. The new Governor-General Sir John Kerr issued a proclamation on 30 July 1974 convening a joint sitting in the House of Representatives Chamber at 10.30am on 6 August 1974.
Rules for the joint sitting were developed following discussions between leaders and officials of both Houses, and these rules were adopted by both Houses on 1 August 1974. They covered items such as the appointment of a Chairman, time limits on speeches, time for debate, the form of the question and the conduct of divisions. These rules noted that Senate Standing Orders would be followed if there was any matter of procedure not provided for in the rules for the joint sitting.
Three pieces of legislation were amended which touched on proceedings in parliament. These were the Evidence Act 1974, the Parliamentary Papers Act 1974 and the Parliamentary Proceedings Broadcasting Bill 1974, which were assented to on 1 August 1974.[3]
1974 joint sitting
On the morning of Tuesday 6 August, members of both houses proceeded into the House of Representatives chamber and took their seats. The proceedings commenced at 10.30am with the Clerk of the Senate, Mr J. R. Odgers, pursuant the Joint Standing Orders of the Houses,[4] reading the proclamation convening the joint sitting and then conducting the procedure for the appointment of the Chairman. The Hon James Francis (Jim) Cope, the Member for Sydney and the then Speaker of the House of Representatives was the only nomination. The proposal was seconded, the nomination accepted and following acknowledgement that there was no further proposal, Mr Cope was appointed as Chairman and as is customary following the election of a speaker in the House, was ‘dragged’ to the chair.
To start the proceedings, the Chairman read prayers and made a comment on the historic nature of the joint sitting and noted that each of the six proposed laws would be debated and voted on. He called on the first bill, the Commonwealth Electoral Act (No. 2) 1973,[5] and noted that in line with the agreed rules each speaker would have 20 minutes and would speak from one of two lecterns rather from their seat or the despatch boxes.
The first speaker was Prime Minister Whitlam who noted that it was an ‘historic, unprecedented and sober occasion’ and that it was the first-time proceedings had been televised so Australian people could see the workings of the parliament at close hand. The next speaker was the Leader of the Opposition, the Hon Billy Snedden. Debate continued and the Chairman ensured that speakers were relevant to the bill. The rules provided after four hours in total, or 12 speakers, whichever is the later event, the question was put that the proposed law be affirmed. A vote then took place, and the proposed law was affirmed by an absolute majority (more than half of the votes of the total number of members of the joint sitting). Debate on the remaining bills then took place consecutively and each of the proposed laws was also affirmed by an absolute majority.
When each question was put, members could challenge the Chairman’s call and seek a division, after which a three-minute sand glass was turned and bells rung. At the lapse of three minutes the doors were then ordered locked. Tellers for each side were appointed by the Chairman who counted the ‘Ayes’ and ‘Noes’ respectively, before the result was declared by the Chairman.
Debate on the second and remaining proposed laws took place and each of the proposed laws was affirmed by an absolute majority. The joint sitting concluded at 11pm on Wednesday 7 August with a statement by the Chairman, thanking members of the Senate and members of the House of Representatives for their cooperation, and acknowledging and appreciating all the work that went into preparing for and holding the joint sitting.
There were some differences between a usual sitting of the House and the joint sitting. There was no Mace placed on the table or indeed present at any time during the sittings. The Clerk of the Senate and the Clerk of the House acted as Joint Clerks of the joint sitting and kept records of proceedings. The joint sitting suspended for both a lunch and dinner break and adjourned at 11pm each night.
To watch a longer video of the 1974 joint sitting visit About the House: the official YouTube channel of the Australian House of Representatives.
[1] House of Representatives Practice, 7th ed, Department of the House of Representatives, Canberra, 2018, p. 475
[2] Votes and Proceedings, 1974-75/17-8(10 July 1974)
[3] Votes and Proceedings, 1974-75/118-21(1 August 1974)
[4] There were formerly three joint standing orders which applied to both Houses, which were discarded by the Senate in 1989 and by the House in 2004.
[5] In the proclamations the bills are referred to as ‘Acts’ although they have not received royal assent.