Margaret Healy
Politics and Public Administration Group
30 March 1999
Introduction
New South Wales
Victoria
Queensland
Western Australia
South Australia
Tasmania
Australian Capital
Territory
Northern Territory
Endnotes
Appendix 1: Election Dates and
Membership of State and Territory Parliaments
Appendix 2: Commonwealth, State
and Territory Election Dates 1900-March 1999
Glossary
Introduction
This paper gives
a general overview of the legal provisions governing the conduct of
elections in the Australian States and Territories, and provides
information on election dates for the next State elections. At the
beginning of each jurisdiction there is a summary of each
Parliament, giving the structure, size, term and voting system. The
provisions relating to the election timetables are then set out in
detail.
Australia as a federal system has a Commonwealth
Parliament consisting of the Senate and the House of
Representatives, and six individual States. In 1978 the Northern
Territory was granted self-government, while the Australian Capital
Territory achieved self-government in 1988.
At the time of federation, all the States had
bicameral legislatures. The Northern Territory, which was part of
South Australia at the time of federation, was transferred to the
Commonwealth in 1911. The Australian Capital Territory was created
from part of New South Wales, so as to provide the site of the
national capital, Canberra, and transferred to the Commonwealth in
1911. In 1922 Queensland abolished its upper house. When the
Territories achieved self-government, the Northern Territory and
the ACT Parliaments were both established as unicameral
legislatures.
New South
Wales
Next election 22 March
2003.
Last election: 27 March
1999.
The New South Wales Parliament consists of the
Legislative Assembly, which from 1999 has 93 members, and the
Legislative Council, which has 42 members. The voting system for
the Legislative Assembly is optional preferential for single member
electorates, and for the Legislative Council is optional
preferential proportional representation, elected from the entire
State as a single district. There is a fixed four year term with
provision for earlier dissolution under specified conditions.
Voting is compulsory.
In 1991, as a result of an agreement between the
Greiner Liberal/National Party Government and the independent
Members of Parliament, the Constitution (Fixed Term Parliament)
Special Provisions Act 1991 (NSW) was passed. This legislation
fixed the date of the next election at 25 March 1995 and specified
the only circumstances under which the Assembly could be dissolved
prior to 3 March 1995. The Act applied only to the 1995 election. A
permanent fixed four year term was approved by a referendum on the
Constitution (Fixed Term Parliaments) Bill 1993
(NSW), held concurrently with the 1995 election. This
provided that except under special circumstances, the NSW
Legislative Assembly would have a fixed four year term, with the
election required to be held on the fourth Saturday of March
following the expiry of the Assembly. The referendum was approved
by 75.48 per cent of the votes cast.
Therefore the next election must be held on
22 March 2003.
Sub-section 24(1) of the Constitution Act
1902 (NSW) now provides:
-
- A Legislative Assembly shall, unless sooner dissolved under
section 24B, expire on the Friday before the first Saturday in
March in the fourth calendar year after the calendar year in which
the return of the writs for choosing the Assembly occurred.
Section 24A provides:
The writs for a general election of Members of
the Legislative Assembly must name the day for the taking of the
poll at that general election:
-
- if the previous Legislative Assembly expired-the fourth
Saturday in March next following the expiry; or
- if the previous Legislative Assembly was dissolved-a day that
is not later than the fortieth day from the date of the issue of
the writs.
Section 25B specifies the circumstances under
which an earlier dissolution of the Assembly may occur. Briefly,
these are:
(i) if a motion of no confidence in the
Government is passed by the Assembly and a confidence motion is not
passed within 8 days;
(ii) if a money Bill for the ordinary services
of government is rejected by the Assembly;
(iii) if a money Bill fails to pass the Assembly
before the time that the Governor considers that the appropriation
is required;
(iv) if the election date would otherwise fall
in the same period as a Commonwealth election, holiday period or
other inconvenient time; the Assembly may be dissolved within two
months of its expiry; or
(v) where the Governor could do so on the basis
of established Constitutional conventions. Before granting a
dissolution, the Governor must consider whether an alternative
government could be formed without a dissolution and must have
regard to any motion of confidence in an alternative premier.
Any changes to these provisions must be approved
by referendum.
Section 68 of the Parliamentary Electorates
and Elections Act 1912 (NSW) provides that writs must be
issued within four clear days after the publication in the
Gazette of the proclamation dissolving the Assembly, or
after the expiry of the Assembly. Writs must be returned not later
than 60 clear days after their issue.
Section 74A provides that the election for the
Legislative Council must take place according to the timetable for
the Assembly election.
In 1991, the number of members in the
Legislative Council and their term of office were reduced by the
Constitution (Legislative Council) Amendment Act 1991
(NSW). This Act reduced the number of councillors from 45 to 42,
and incorporated transitional arrangements to allow existing
councillors to serve their existing term (12 years). Subsequently
elected councillors will only serve for two terms of the Assembly
(eight years) and half the membership of the council will retire at
each election. The provisions dealing with these matters are
sub-sections 22B(2), (3) and (5) of the Act.
The Constitution and Parliamentary
Electorates and Elections Amendment Act 1997 (NSW) reduced the
number of members of the Legislative Assembly from 99 to 93. This
took effect
at the 1999 election.
Victoria
Next election: Not later than 15 July
2000.
Last election: 30 March
1996.
The Victorian Parliament consists of the
Legislative Assembly, with 88 members from single member
electorates, and the Legislative Council, with 44 members, two from
each of 22 electorates. The voting system is fully preferential for
both Houses. Voting is compulsory. The Legislative Assembly has a
four year term, with provision for earlier dissolution during the
first three years of the term under specified conditions The
election may be held at any time during the fourth year. At each
election for the Legislative Assembly half the Legislative Council
seats are elected. Legislative Councillors are elected for two
terms of the Legislative Assembly.
Sub-section 38(2) of the Constitution Act
1975 (Vic.) provides that the term of the Legislative Assembly
shall continue for four years from the day of its first meeting
after a general election. Sub-section 8(3) provides that the
Legislative Assembly may not be dissolved within three years of
that date unless:
(i) there are grounds for a dissolution under
section 66 because of the rejection of a Bill of Special
Importance;
(ii) there is a rejection of, or failure to pass
a Bill for the ordinary annual services of the government; or
(iii) the Assembly passes a vote of no
confidence in the Government.
The Assembly may be dissolved at any time during
the fourth year of a government's term.
Sub-section 28(1) of the Constitution Act
1975 (Vic.) provides that members of the Legislative Council
hold office until the dissolution or expiry of the second term of
the Assembly after that member's election, namely a maximum of
eight years. Twenty-two of the 44 Councillors are elected at each
Assembly election.
The Constitution Act Amendment (Amendment)
Act 1995 (Vic.) amended the Constitution Act Amendment Act
1958 (Vic) to shorten the minimum period required between the
issue of the writs to the date of the election. While the maximum
time period for an election remains 58 days, the minimum period is
now 25 days.
Sub-section 149(1) of the Constitution Act
Amendment Act 1958 provides that the writs for an election
must be issued within seven days after the expiry or dissolution of
the Assembly.
Section 154 provides that the rolls close three
days after the date of the writ.
Section 154A provides that:
-
- the nomination date shall be not less than 10 days nor more
than 28 days after the date of the writ
-
- polling day shall be not less than 15 nor more than 30 days
after the date of nomination, and
-
- polling day must be on a Saturday.
Section 155 provides that at every simultaneous
election all elections must be held on the same day.
The earliest possible election date is 12 June
1999.
The last election was held on 30 March 1996, and
the first date of the meeting of the newly elected Assembly was on
14 May 1996. The Assembly would expire on Monday 15 May 2000 and
the writs must be issued by Monday 22 May 2000. Nominations would
then close on Monday 19 June 2000. Polling day must be no more than
30 days after the date of nomination. This falls on Wednesday 19
July, but as polling day must be held on a Saturday, the latest
possible date is 15 July 2000. However if the writs were issued on
the day that the Assembly expires, the latest possible election
date would be Saturday 8 July 2000.
Queensland
Next election: Not later than 22
September 2001.
Last election: 13 June
1998.
Queensland has a unicameral Parliament,
consisting of the Legislative Assembly, with 89 members
representing single member electorates. The Legislative Council was
abolished in 1922. Parliament has a three year term and the voting
system is optional preferential. Voting is compulsory.
The election timetable is governed by the
Queensland Constitution and by the Electoral Act 1992
(Qld).
Section 2 of the Constitution Act Amendment
Act 1890 (Qld) provides that every Legislative Assembly shall
continue for three years from the date appointed for the return of
the writs.(1) There are no restrictions upon dissolving the
Assembly before its term expires.
Section 2 provides:
Every Legislative Assembly hereafter to be
summoned and chosen shall continue for 3 years from the day
appointed from the return of the writs for choosing the same, and
no longer; subject nevertheless to be sooner dissolved by the
Governor.
The election timetable is set out in the
Electoral Act 1992. This was passed as a result of
recommendations stemming from the Electoral and Administrative
Review Commission Report which arose out of the Fitzgerald
Inquiry.(2)
Part 6 of the Electoral Act 1992 deals
with timetables for elections.
Section 78 of the Act provides that the Governor
must issue writs for a general election not later than four days
after the expiry or dissolution of the House.
Section 80 states that a writ must set out:
(i) its day of issue;
(ii) the cut off day for electoral rolls, which
must be not less than 5 nor more than 7 days after issue of
the writ;
(iii) the cut off day for nominations which must
be not less than 8 nor more than 18 days after issue of the
writ;
(iv) the polling day which must be a Saturday
not less than 26 nor more than 56 days after issue of the writ;
and
(v) the date of return of the writs which must
not be more than 84 days after issue.
The last election was held on 13 June 1998. The
date appointed for the return of the writs was 27 July 1998.
Therefore the Legislative Assembly expires on 26 July 2001, and the
writ must be issued not later than four days from then, or by 30
July 2001.
Polling day must be no more than 56 days from
the issue of the writ, which is Monday 24 September 2001. The
previous Saturday is 22 September. Therefore the latest possible
date for the next election is 22 September
2001.
Western
Australia
Next election: 5 May 2001
Last election: 14 December
1996.
Western Australia has a Parliament consisting of
the Legislative Assembly, with 57 members representing single
member electorates, and the Legislative Council, with
34 members elected from six regions. Voting is fully
preferential for the Legislative Assembly, and preferential
proportional representation for the Legislative Council. Voting is
compulsory. The Parliament has a four year term, but the
Legislative Assembly may be dissolved earlier, while the
Legislative Council's term is fixed.
Section 21 of the Constitution Acts
Amendment Act 1899 (WA) provides that the Legislative Assembly
has a four year term from the date of its first meeting after its
election, but the expiry date is adjusted as follows:
(i) if the term would otherwise have expired in
the period from September to January (inclusive) then the expiry
date is brought forward to 31 January; but
(ii) if the term would otherwise have expired in
the period from February to August (inclusive) then the expiry date
is brought back to the prior 31 January.
The Assembly may be dissolved sooner.
The intricacies of the constitutional and
electoral requirements for both houses are such that the latest
possible dates for each house differ, so that if there is to be a
conjoint election, earlier dates would apply.
The last election was held on 14 December 1996.
Under section 21 of the Constitution Acts Amendment Act
1899, the term of the Legislative Assembly is up to four years
from the date of its first meeting following election, unless
dissolved earlier.
Accordingly, the Assembly's term will expire on
31 January 2001.
Section 64 of the Electoral Act 1907
(WA) provides that the Governor shall, not later than 21 days
after the dissolution or expiry of the Assembly, by warrant direct
that writs for the election must be issued forthwith.
Section 70 provides that the nomination of
candidates must be not less than seven nor more than 45 days from
the date of the writs. Forty five days later is Saturday 7 April
2001. Under section 61(2) of the Interpretation Act 1984
(WA) both Saturdays and Sundays are excluded days, and under
section 61(1)(e) the thing may be done on the next day which is not
an excluded day. This therefore would be Monday 9 April 2001.
Section 71 provides that the polling day shall
be between 21 and 45 days after the date of nomination. Polling day
must be on a Saturday, but may not be held on Easter Saturday or
the Saturday preceding or following Easter Saturday. Forty five
days later is Tuesday 22 May 2001. The previous Saturday is 19 May.
This date is unlikely as a conjoint election of the Assembly and
the Council could not be held on that date (see below).
Section 72 provides that the writs must be
returned not more than 90 days after the date of their issue.
There are separate provisions relating to the
term and electoral processes of the Legislative Council.
Sub-section 8(2) of the Constitution Acts Amendment Act
1899 provides that members of the Legislative Council serve a
term of 4 years from 22 May next following the day of election as a
member. The term of the Legislative Council expires on 21 May 2001.
Sub-section 8 (6) requires the writs for the Legislative Council
elections to be issued by 10 April preceding the end of the term,
but not more than one year before the end of the term, and that the
writs be returnable not later than 21 May next following that 10
April.
Easter Sunday falls on 15 April 2001, so the
election cannot be held on 7, 14, or 21 April 2001. 28 April is an
unlikely date because it is so close to the Anzac Day holiday of
25 April 2001.
5 May 2001 is a possible date
as the writs could still be returned for the Council by
21 May, but the election campaign would be very long. An
earlier date is more likely, such as 24 or 31 March
2001. The Western Australian Electoral Commission regards
these dates as the latest possible, given the legislative and
practical constraints. Because of the complexity of the count
method for the Council, about three weeks are generally required
before results are available.
Section 4.7 of the Local Government Act
1995 (WA) provides that local government elections are
ordinarily held biennially on the first Saturday in May, but there
is provision for their deferral if the Electoral Commissioner
considers that it would not be in the public interest to hold the
elections on that day.
South
Australia
Next election: Assuming the writs were
issued by the Sunday following the expiry of the Assembly, not
later than 20 April 2002.
Last election: 11 October
1997.
The Parliament of South Australia consists of
the House of Assembly and the Legislative Council. The House of
Assembly has 47 members representing single member electorates, and
the Legislative Council has 22 members elected from the entire
State as a single electorate. Voting for the House of Assembly is
fully preferential, and for the Legislative Council is preferential
proportional representation. Voting is compulsory, although there
have been recent unsuccessful attempts by the Liberal Government to
introduce voluntary voting. The House of Assembly has a minimum
three year and a maximum four year term, and the Legislative
Council a term of six to eight years. The House of Assembly may be
dissolved in the first three years under specified conditions.
There is no date by which an election for the
House of Assembly must be held. Section 28 of the Constitution
Act 1934 (SA) provides that the term of the House of Assembly
is four years from the date of its first meeting after an
election.
Section 28 provides a formula for the expiry of
the House of Assembly. If the four year term ends in the period
from the beginning of October to the end of February the House of
Assembly continues up to and including the last day of February and
then expires. If the four years ends in the period between the
beginning of March and the end of September, the House expires on 1
March.
The House of Assembly may not be dissolved
before three years have expired from the date it first sat after
the election, unless one of the conditions for early dissolution
specified in section 28A is met. These conditions are:
(i) a motion of no confidence in the government
is passed in the Assembly;
(ii) a motion of confidence in the government is
defeated in the Assembly;
(iii) a Bill of special importance is passed by
the Assembly but rejected by the Council;
(iv) as a result of a deadlock between the
Houses under section 41.
There is no requirement for a writ to be issued
within a specified period after the dissolution or expiry of the
House of Assembly.
Section 48 of the Electoral Act 1985
(SA) provides the following timetable for the election after the
writs have been issued. The rolls close not less than seven nor
more than 10 days after the date of issue of the writs. Nominations
close not less than three nor more than 14 days after the date
fixed for the closing of the rolls. Polling day, which must be on a
Saturday, must be not less than 14 nor more than 30 days after the
date fixed for the close of nominations. The Act does not require
the return of the writs within a specified time, but the date of
the return of the writs must be fixed in the writ.
The earliest date is 6 January 2001.
The last election was held on 11 October 1997.
The House of Assembly first met on 2 December 1997. Therefore
because of the deeming provision of section 28, the House of
Assembly expires after the last day of February 2002, or on 1 March
2002. If the writs were issued on Friday 1 March 2002, and if the
maximum times allowable were taken, the rolls would close on Monday
11 March 2002. Nominations would close on Monday 25 March
2002. Polling day would fall on the Saturday before Wednesday 24
April, i.e. Saturday 20 April 2002. However, on
the basis of previous practice, it is most likely that the election
would be held sometime in the last months of 2001. The last four
election dates were 7 December 1985, 25 November 1989 and 11
December 1993, and 11 October 1997.
Sub-section 14(3) of the Constitution Act
1934 provides that members of the Legislative Council must
serve either three years or six years from the first of March of
the year in which the member was elected. Sub-section 14(2) states
that 11 councillors must retire when the Assembly is dissolved.(3)
Sub-section 14(3) provides that a councillor does not have to
retire unless:
(i) where that Councillor was elected as a
result of the Council being dissolved due to a deadlock under
section 41, 3 years have elapsed from the 1st of March of the year
of that election;
(ii) in any other case, 6 years from the 1st of
March in the year in which the Councillor was last elected.
Tasmania
Next election: Not later than 14
November 2002 but more practically by 2 November
Last election: 29 August
1998.
The Parliament of Tasmania consists of the House
of Assembly, and the Legislative Council. From 1959 to 1998 there
were 35 members, seven from each of the five electorates. For a
number of years the Tasmanian Parliament had considered various
changes, including a reduction in the number of members of the
House of Assembly. Finally, shortly before calling an early
election the Parliament passed legislation(4) reducing the size of
both Houses. With effect from the 1998 election the size of the
House of Assembly was reduced from 35 to 25, and the Legislative
Council is being reduced from 19 to 15 by a transitional process
which will be completed about the year 2000. The voting system for
the House of Assembly is Hare-Clark proportional representation,
with Robson Rotation used on the ballot papers. The Legislative
Council has single member electorates. The Legislative Council is
not subject to dissolution. Legislative Councillors have a 6 year
term, with periodic elections for three members each year on the
fourth Saturday of May. Every sixth year there were four
Councillors to be elected. Voting for the Legislative Council is
preferential. The House of Assembly has a term of up to four years.
Voting for both Houses is compulsory.
The Legislative Council, which has single member
electorates, is not subject to dissolution. Legislative Councillors
have a six year term with annual periodic elections. Voting for the
Legislative Council is preferential. Until the changes made by the
Parliamentary Reform Act 1998, three members were elected
each year on the fourth Saturday of May, and every sixth year four
Councillors were elected. However section 19(3) of the
Constitution Act 1934 now provides that, except as
specified in a determination made under section 29A of the
Legislative Council Electoral Boundaries Act 1995(5) at
every alternate periodic election two members are to retire and two
members are to be elected to fill these vacancies. At every other
periodic election three members retire and three members are
elected. Thus because of the different terms and manner of electing
the two houses of the Tasmanian Parliament, elections are never
conjoint.
Sub-section 23(2) of the Constitution Act
1934 (Tas.) provides that the term of the House of Assembly is
for four years from the date of the return of the writs, unless it
is dissolved sooner. In 1992 the Tasmanian Parliament passed the
Constitution (Fixed Term Parliament) Special Provisions Act
1992 (Tas.), which applied to the subsequent election.
Sub-section 4(3) provided that the Assembly would expire on 25
January 1996, unless dissolved under section 5. Sub-section 4(1)
provided that writs for the next general election must fix the day
for polling as 24 February 1996, or such later day as determined
under the Electoral Act 1985 (Tas.), unless the Assembly
was dissolved under section 5. Sub-section 5(2) of the
Constitution (Fixed Term Parliament) Special Provisions Act
1992 (Tas.) stated that the Assembly could be dissolved
if:
a motion of no confidence in the Premier and the
government is passed by the Assembly;
and
eight clear days after the no confidence motion,
the Assembly fails to pass a motion of confidence in the Premier,
the government or a sufficient number of other members who could
form an alternative government;
or
-
- the Assembly or the Council rejects a money Bill for the
ordinary annual services of government;
or
(ii) the Assembly or the Council fails to pass
such a Bill before the time the money referred to in (i) is
required.
Sub-section 5(5) also allowed the Assembly to be
dissolved within two months of 25 January 1996 if the election
would otherwise coincide with a Commonwealth election period.
Section 6 gives the Constitution (Fixed Term Parliament)
Special Provisions Act 1992 priority over the Constitution
Act 1934. As the Commonwealth election was held on 2 March
1996, the Tasmanian election was brought slightly forward.
However the fixed term provision applied only to
the 1996 election. The next election was therefore held under the
provisions of the Constitution Act 1934 and the
Electoral Act 1985.
Section 23(2) of the Constitution Act
1934 provides:
every subsequent Assembly shall continue for 4
years from the date of the return of the writs for the general
election at which the Members thereof were elected and no longer,
unless it is sooner dissolved by the Governor.
Part V of the Electoral Act 1985
governs the conduct of elections.
Section 69 provides that when the Assembly is
dissolved or expires through effluxion of time, writs shall be
issued by the Governor not less than five days and within 10 days
after the gazettal of the proclamation of the dissolution or
expiry.
Section 72 provides that the nomination of
candidates shall close not less than seven or more than 21 days
after the date of the issue of the writs.
Section 73 fixes polling day on a day not less
than 14 or more than 30 days after the date of nominations. There
is no requirement that polling day must be held on a Saturday, but
since the 1920s all Assembly elections have been held on a
Saturday.
Section 74 requires the writs to be returned not
later than 60 days after the date of issue.
There is provision for deferral of polling day,
and for an extension of time for the return of the writs.
The last election was held on 29 August 1998.
The writs were returned on 14 September 1998. Therefore the House
of Assembly expires on Saturday 14 September 2002. Writs must be
issued by Tuesday 24 September 2002. Nominations must close by
Tuesday 15 October 2002. Polling day must be no more than 30 days
after nomination, or by 14 November 2002. If the election is
to be held on a Saturday, in accordance with long-standing
practice, it would be held on the preceding Saturday, which is 9
November 2002.
However section 74 requires the writs to be
returned within 60 days of their issue, (although the Governor may
in fact proclaim a later date) and the date for their return is
Saturday 23 November. There is a ten day period after the election
for the return and counting of postal votes, and then another three
to five days for the distribution of preferences. To allow
sufficient time for these procedures, the Tasmanian Electoral
Office believes that Saturday 2 November 2002 is
the latest possible date.
Australian
Capital Territory
Next election: 20 October
2001.
Last election: 21 February
1998.
The Parliament of the Australian Capital
Territory is unicameral, consisting of the Legislative Assembly.
There is a three year fixed term. There are 17 members, elected by
a Hare-Clark proportional representation system, with Robson
Rotation on the ballot papers. There are three electorates. Two
have five members and the third has seven members. Voting is
compulsory.
The first election after self-government was
held under a system of proportional representation (modified
D'Hondt). A referendum was held with the 1992 election to allow
voters to choose between the Hare-Clark system and single member
electorates. Hare-Clark was chosen by 65 per cent of voters. The
Hare-Clark system was entrenched as a result of a further
referendum held on 18 February 1995.
Sub-section 10(5) of the Australian Capital
Territory (Electoral) Act 1988 (Commonwealth) provided that
elections subsequent to the third Saturday in February 1992 were to
be held on the third Saturday of February in the third year after
the last ordinary general election was held.(6) The ACT Legislative
Assembly subsequently enacted its own electoral legislation, the
Electoral Act 1992, which continued the fixed term
February election cycle.
The timing of the election was changed from
February to October by the Electoral (Amendment) Act 1997
(ACT). Section 100 of the Electoral Act 1992 fixes the
next election on 20 October 2001, and
subsequent elections to be held on the third Saturday of October
every third year. If there is to be an election for the
Commonwealth House of Representatives or the Senate on this date,
the ACT election must be deferred until the first Saturday of
December.
Section 108 of the Electoral Act 1992
provides that nominations close on the twenty second day before
polling day. Nominations will therefore close on 27 September
2001.
Northern
Territory
Next election: Not later than 24
November 2001
Last election: 30 August
1997.
The Parliament of the Northern Territory is
unicameral, consisting of the Legislative Assembly. There are 25
members, representing single member electorates. The Legislative
Assembly has a four year term. The electoral system is fully
preferential. Voting is compulsory.
Sub-section 17(2) of the Northern Territory
(Self-Government) Act 1978 (Commonwealth) provides that the
period from the date of the first meeting of the Legislative
Assembly after a general election to the date of the next
succeeding general election shall not be more than four years.
There is no requirement for the writs to be issued by a specified
date. Section 33 of the Northern Territory Electoral Act
1995 (NT) provides that nominations close not less than seven
clear days nor more than 21 clear days after the date of the issue
of the writs, and that polling day shall be not less than seven nor
more than 30 clear days after the date of nomination.
The last election for the Legislative Assembly
was held on 30 August 1997. The newly elected Legislative Assembly
met for the first time on 25 November 1997. Therefore the next
election has to be held by 24 November 2001. While there is no
requirement that the election must be held on a Saturday, if
previous practice is followed the election would be held on
Saturday, and the last possible date is 24 November
2001.
Endnotes
-
- A proposal to extend the term of the Assembly to four years was
put to a referendum on 23 March 1991, but was defeated 811 078
votes to 772 647 votes.
- Commission of Inquiry into Possible Illegal Activities and
Associated Police Misconduct, Report of a Commission of Inquiry
pursuant to Orders in Council, Govt. Printer, Brisbane, 1989.
- Section 41 allows for dissolution of the Council in the event
of a deadlock between the Houses, but this provision has never been
used and is unlikely to be used in the future.
- Parliamentary Reform Act 1998 (Tas.).
- Section 29A specifies the arrangements under which the
transition from 19 to 15 members is to be made.
- There is provision under section 16 of the Australian
Capital Territory (Self-Government) Act 1988 (Cwlth) for an
early dissolution of the Assembly if in the opinion of the
Governor-General the Assembly is incapable of effectively
performing its functions, or is conducting its affairs in a grossly
improper manner.
Politics and Public Administration Group
Information and Research Service
Appendix
1: Election Dates and Membership of State and Territory
Parliaments
|
Most recent
|
Due
|
Commonwealth
|
3 October 1998
|
12 January 2002
|
New South Wales
|
27 March 1999
|
22 March 2003
|
Victoria
|
30 March 1996
|
15 July 2000
|
Queensland
|
13 June 1998
|
22 September 2001
|
Western Australia
|
14 December 1996
|
5 May 2001
|
South Australia
|
11 October 1997
|
20 April 2002
|
Tasmania
|
29 August 1998
|
2 November 2002
|
Australian Capital Territory
|
21 February 1998
|
20 October 2001
|
Northern Territory
|
30 August 1997
|
24 November 2001
|
State/Territory
|
Lower House
|
Upper House
|
New South Wales
|
93
|
42
|
Victoria
|
88
|
44
|
Queensland
|
89
|
|
Western Australia
|
57
|
34
|
South Australia
|
47
|
22
|
Tasmania
|
25
|
19 (15)
|
Australian Capital Territory
|
17
|
|
Northern Territory
|
25
|
|
Politics and Public Administration Group
Information and Research Service
Appendix 2:
Commonwealth, State and Territory Election Dates 1900-March
1999
Commonwealth, State and Territory
Election dates 1900-March 1999
|
Date
|
Election
|
9 Mar 1900
|
Tasmania
|
1 Nov 1900
|
Victoria
|
29-30 Mar 1901
|
Commonwealth
|
24 Apr 1901
|
Western Australia
|
3 July 1901
|
New South Wales
|
11 Mar 1902
|
Queensland
|
3 May 1902
|
South Australia
|
1 Oct 1902
|
Victoria
|
2 Apr 1903
|
Tasmania
|
16 Dec 1903
|
Commonwealth
|
1 June 1904
|
Victoria
|
28 June 1904
|
Western Australia
|
6 Aug 1904
|
New South Wales
|
27 Aug 1904
|
Queensland
|
27 May 1905
|
South Australia
|
27 Oct 1905
|
Western Australia
|
Mar-10 Nov 1906
|
South Australia
|
29 Mar 1906
|
Tasmania
|
12 Dec 1906
|
Commonwealth
|
15 Mar 1907
|
Victoria
|
18 May 1907
|
Queensland
|
10 Sept 1907
|
New South Wales
|
5 Feb 1908
|
Queensland
|
11 Sep-23 Oct 1908
|
Western Australia
|
29 Dec 1908
|
Victoria
|
30 Apr 1909
|
Tasmania
|
2 Oct 1909
|
Queensland
|
2 Apr 1910
|
South Australia
|
13 Apr 1910
|
Commonwealth
|
4 Oct 1910
|
New South Wales
|
Mar-31 Oct 1911
|
Western Australia
|
16 Nov 1911
|
Victoria
|
10 Feb 1912
|
South Australia
|
27 Apr 1912
|
Queensland
|
30 Apr 1912
|
Tasmania
|
23 Jan 1913
|
Tasmania
|
31 May 1913
|
Commonwealth
|
6 Dec 1913
|
New South Wales
|
21 Oct-11 Nov 1914
|
Western Australia
|
26 Nov 1914
|
Victoria
|
5 Dec 1914
|
Commonwealth Simultaneous dissolution
|
27 Mar 1915
|
South Australia
|
22 May 1915
|
Queensland
|
25 Mar 1916
|
Tasmania
|
24 Mar 1917
|
New South Wales
|
5 May 1917
|
Commonwealth
|
29 Sep-9 Nov 1917
|
Western Australia
|
15 Nov 1917
|
Victoria
|
16 Mar 1918
|
Queensland
|
6 Apr 1918
|
South Australia
|
31 May 1919
|
Tasmania
|
13 Dec 1919
|
Commonwealth
|
30 Mar 1920
|
New South Wales
|
9 Oct 1920
|
Queensland
|
21 Oct 1920
|
Victoria
|
12 Mar-9 Apr 1921
|
Western Australia
|
Sept-16 Apr 1921
|
South Australia
|
30 Aug 1921
|
Victoria
|
25 Mar 1922
|
New South Wales
|
10 June 1922
|
Tasmania
|
16 Dec 1922
|
Commonwealth
|
12 May 1923
|
Queensland
|
22 Mar-5 Apr 1924
|
Western Australia
|
5 Apr 1924
|
South Australia
|
26 June 1924
|
Victoria
|
30 May 1925
|
New South Wales
|
3 June 1925
|
Tasmania
|
14 Nov 1925
|
Commonwealth
|
8 May 1926
|
Queensland
|
26 Mar 1927
|
South Australia
|
26 Mar-9 Apr 1927
|
Western Australia
|
9 Apr 1927
|
Victoria
|
8 Oct 1927
|
New South Wales
|
30 May 1928
|
Tasmania
|
17 Nov 1928
|
Commonwealth
|
11 May 1929
|
Queensland
|
12 Oct 1929
|
Commonwealth-House of Representatives
|
30 November 1929
|
Victoria
|
5 Apr 1930
|
South Australia
|
12 Apr 1930
|
Western Australia
|
25 Oct 1930
|
New South Wales
|
9 May 1931
|
Tasmania
|
19 Dec 1931
|
Commonwealth
|
14 May 1932
|
Victoria
|
11 June 1932
|
Queensland, New South Wales
|
8 Apr 1933
|
South Australia, Western Australia
|
9 June 1934
|
Tasmania
|
15 Sept 1934
|
Commonwealth
|
2 Mar 1935
|
Victoria
|
11 May 1935
|
Queensland, New South Wales
|
15 Feb 1936
|
Western Australia
|
20 Feb 1937
|
Tasmania
|
2 Oct 1937
|
Victoria
|
23 Oct 1937
|
Commonwealth
|
19 Mar 1938
|
South Australia
|
26 Mar 1938
|
New South Wales
|
2 Apr 1938
|
Queensland
|
16 Mar 1939
|
Western Australia
|
18 Mar 1939
|
Western Australia
|
16 Mar 1940
|
Victoria
|
21 Sept 1940
|
Commonwealth
|
19 Mar 1941
|
South Australia
|
29 Mar 1941
|
Queensland
|
10 May 1941
|
New South Wales
|
13 Dec 1941
|
Tasmania
|
12 June 1943
|
Victoria
|
21 Aug 1943
|
Commonwealth
|
20 Nov 1943
|
Western Australia
|
8 Mar 1944
|
South Australia
|
15 Apr 1944
|
Queensland
|
27 May 1944
|
New South Wales
|
10 Nov 1945
|
Victoria
|
28 Sept 1946
|
Commonwealth
|
23 Nov 1946
|
Tasmania
|
8 Mar 1947
|
South Australia
|
15 Mar 1947
|
Western Australia
|
3 May 1947
|
New South Wales
|
3 May 1947
|
Queensland
|
8 Nov 1947
|
Victoria
|
21 Aug 1948
|
Tasmania
|
10 Dec 1949
|
Commonwealth
|
4 Mar 1950
|
South Australia
|
25 Mar 1950
|
Western Australia
|
29 Apr 1950
|
Queensland
|
6 May 1950
|
Tasmania
|
13 May 1950
|
Victoria
|
17 Jun 1950
|
New South Wales
|
28 Apr 1951
|
Commonwealth Simultaneous dissolution
|
6 Dec 1952
|
Victoria
|
14 Feb 1953
|
New South Wales
|
14 Feb 1953
|
Western Australia
|
7 Mar 1953
|
Queensland
|
7 Mar 1953
|
South Australia
|
9 May 1953
|
Commonwealth-Senate
|
29 May 1954
|
Commonwealth-House of Representatives
|
19 Feb 1955
|
Tasmania
|
28 May 1955
|
Victoria
|
10 Dec 1955
|
Commonwealth
|
3 Mar 1956
|
New South Wales
|
3 Mar 1956
|
South Australia
|
7 Apr 1956
|
Western Australia
|
19 May 1956
|
Queensland
|
13 Oct 1956
|
Tasmania
|
3 Aug 1957
|
Queensland
|
31 May 1958
|
Victoria
|
22 Nov 1958
|
Commonwealth
|
7 Mar 1959
|
South Australia
|
21 Mar 1959
|
New South Wales
|
21 Mar 1959
|
Western Australia
|
2 May 1959
|
Tasmania
|
28 May 1960
|
Queensland
|
15 Jul 1961
|
Victoria
|
9 Dec 1961
|
Commonwealth
|
3 Mar 1962
|
New South Wales
|
3 Mar 1962
|
South Australia
|
31 Mar 1962
|
Western Australia
|
1 Jun 1963
|
Queensland
|
30 Nov 1963
|
Commonwealth-House of Representatives.
|
2 May 1964
|
Tasmania
|
27 Jun 1964
|
Victoria
|
5 Dec 1964
|
Commonwealth-Senate
|
20 Feb 1965
|
Western Australia
|
6 Mar 1965
|
South Australia
|
1 May 1965
|
New South Wales
|
28 May 1966
|
Queensland
|
26 Nov 1966
|
Commonwealth-House of Representatives
|
29 Apr 1967
|
Victoria
|
25 Nov 1967
|
Commonwealth-Senate
|
24 Feb 1968
|
New South Wales
|
2 Mar 1968
|
South Australia
|
23 Mar 1968
|
Western Australia
|
10 May 1969
|
Tasmania
|
17 May 1969
|
Queensland
|
25 Oct 1969
|
Commonwealth-House of Representatives
|
30 May 1970
|
Victoria
|
30 May 1970
|
South Australia
|
21 Nov 1970
|
Commonwealth-Senate
|
13 Feb 1971
|
New South Wales
|
20 Feb 1971
|
Western Australia
|
22 Apr 1972
|
Tasmania
|
27 May 1972
|
Queensland
|
2 Dec 1972
|
Commonwealth-House of Representatives
|
10 Mar 1973
|
South Australia
|
19 May 1973
|
Victoria
|
17 Nov 1973
|
New South Wales
|
30 Mar 1974
|
Western Australia
|
18 May 1974
|
Commonwealth Simultaneous dissolution
|
7 Dec 1974
|
Queensland
|
12 Jul 1975
|
South Australia
|
13 Dec 1975
|
Commonwealth Simultaneous dissolution
|
20 Mar 1976
|
Victoria
|
1 May 1976
|
New South Wales
|
11 Dec 1976
|
Tasmania
|
19 Feb 1977
|
Western Australia
|
17 Sep 1977
|
South Australia
|
12 Nov 1977
|
Queensland
|
10 Dec 1977
|
Commonwealth
|
7 Oct 1978
|
New South Wales
|
5 May 1979
|
Victoria
|
28 Jul 1979
|
Tasmania
|
15 Sep 1979
|
South Australia
|
23 Feb 1980
|
Western Australia
|
7 Jun 1980
|
Northern Territory
|
18 Oct 1980
|
Commonwealth
|
29 Nov 1980
|
Queensland
|
19 Sep 1981
|
New South Wales
|
3 Apr 1982
|
Victoria
|
15 May 1982
|
Tasmania
|
6 Nov 1982
|
South Australia
|
19 Feb 1983
|
Western Australia
|
5 Mar 1983
|
Commonwealth Simultaneous dissolution
|
22 Oct 1983
|
Queensland
|
3 Dec 1983
|
Northern Territory
|
24 Mar 1984
|
New South Wales
|
1 Dec 1984
|
Commonwealth
|
2 Mar 1985
|
Victoria
|
7 Dec 1985
|
South Australia
|
8 Feb 1986
|
Western Australia
|
8 Feb 1986
|
Tasmania
|
1 Nov 1986
|
Queensland
|
7 Mar 1987
|
Northern Territory
|
11 Jul 1987
|
Commonwealth Simultaneous dissolution
|
19 Mar 1988
|
New South Wales
|
1 Oct 1988
|
Victoria
|
4 Feb 1989
|
Western Australia
|
4 Mar 1989
|
ACT
|
13 May 1989
|
Tasmania
|
25 Nov 1989
|
South Australia
|
2 Dec 1989
|
Queensland
|
24 Mar 1990
|
Commonwealth
|
27 Oct 1990
|
Northern Territory
|
25 May 1991
|
New South Wales
|
1 Feb 1992
|
Tasmania
|
15 Feb 1992
|
ACT
|
19 Sep 1992
|
Queensland
|
3 Oct 1992
|
Victoria
|
6 Feb 1993
|
Western Australia
|
13 Mar 1993
|
Commonwealth
|
11 Dec 1993
|
South Australia
|
4 Jun 1994
|
Northern Territory
|
18 Feb 1995
|
ACT
|
25 Mar 1995
|
New South Wales
|
15 Jul 1995
|
Queensland
|
24 Feb 1996
|
Tasmania
|
2 Mar 1996
|
Commonwealth
|
30 Mar 1996
|
Victoria
|
14 Dec 1996
|
Western Australia
|
30 Aug 1997
|
Northern Territory
|
11 Oct 1997
|
South Australia
|
21 Feb 1998
|
ACT
|
13 Jun 1998
|
Queensland
|
29 Aug 1998
|
Tasmania
|
3 Oct 1998
|
Commonwealth
|
27 Mar 1999
|
New South Wales
|
Glossary
Adapted from: Gerard Newman. 'Electoral
systems', Current Issues Paper No. 3, 1989-90. Department
of the Parliamentary Library, September 1989.
D'Hondt System: Proportional
Representation system based on the Highest Average concept, which
allocates seats on the basis of the highest average votes for seats
after each additional seat has been allocated. Uses series of
divisors to ensure that the next candidate to be elected is from
the party with the highest average vote. Divisors are 1,2,3,4,
etc.
Droop Quota: Minimum number of
votes required to ensure election of one representative. The total
number of votes is divided by one more than the number of seats and
one is added to the quotient. The quota =[votes/(seats + 1)] +
1.
Hare-Clark: Variation of the
single transferable vote form of proportional representation.
Surplus votes for a candidate are transferred to the next
preference at a rate proportionate to the surplus. It is used, with
the Droop Quota, in Tasmanian House of Assembly elections. It is
very similar to the system used for Senate elections.
Modified D'Hondt: A variation
on the D'Hondt system which was used for the first ACT Legislative
Assembly system. It uses D'Hondt divisors to determine the number
of seats won by each party, and the Single Transferable Vote system
to determine election of individual candidates. Candidates failing
to gain the prescribed number of primary votes, which was the Droop
Quota of about 5.56 per cent, were excluded from the count and
their preferences transferred. Voters were not required to express
preferences for all candidates. The method was extremely
complicated, and the scrutiny was very slow.
Preferential Voting: Often
referred to outside Australia as the Alternative Vote. Form of
majoritarian electoral system where members are elected by an
absolute majority. Voters are required to number candidates in
order of preference. Votes of the least favoured candidates are
distributed in turn until one candidate receives a majority. The
method is usually restricted to single member constituencies.
Optional Preferential Voting:
Variation of preferential voting, in which electors may express an
order of preference for candidates, but are not required to vote
for any more candidates than there are positions to be filled.
Voters may express a complete range of preferences or as few as
they choose.
Robson Rotation: Ballot paper
formula in which the order of the candidates within parties and
groups varies. It ensures that all candidates share equally the
first, second, third etc positions. Without Robson Rotation,
candidates would be arranged alphabetically or by drawing of lots.
The aims are to prevent the donkey vote effect (numbering straight
down the ballot paper, which results in the candidate at the top of
the ballot gaining an advantage by dint of position), and to thwart
attempts by parties to determine their preferred order of election
of their candidates.
Single Transferable Vote:
Preferential form of Proportional Representation electoral system
for multi-member constituencies. Electors are required to number
candidates in order of preference. Candidates receiving a Droop
quota are elected. Any surplus votes are distributed and if any
seats remain unfilled candidates with the lowest number of votes
are progressively eliminated until all the seats are filled. System
used for Australian Senate elections.
Writ: Legal document which
triggers the electoral process. The writ commands an electoral
officer to hold an election and specifies the dates for the close
of rolls, the close of nominations, the polling day and the return
of the writ.