1 September 2016
PDF version [281KB]
Rob Lundie
Politics and Public
Administration Section
Contents
Introduction
The Commonwealth
The rules
House of Representatives election
Half-Senate election
Simultaneous half-Senate and House of
Representatives election
Double dissolution election
Next Commonwealth election
States and territories
Northern Territory
Australian Capital Territory
Western Australia
South Australia
Queensland
Victoria
New South Wales
Tasmania
Local government
New South Wales
Victoria
Northern Territory
Western Australia
Tasmania
South Australia
Queensland
All elections
Introduction
This research paper provides a brief overview of the rules
for determining the next Commonwealth, state, territory and local government
elections. The paper lists the date of the next election where this is fixed or,
where applicable, the earliest and latest possible dates on which it may occur.
For an explanation of the electoral systems for federal, state and territory jurisdictions see the research paper by Scott
Bennett and Rob Lundie, Australian Electoral Systems.[1]
The Commonwealth
The rules
While the calling of a Commonwealth election is partly a
matter of political judgment and timing, a constitutional and legislative
framework governs the electoral timetable and process. The Australian Constitution requires periodic elections for both Houses of Parliament, with separate
provisions reflecting the different constitutional role of each House. The maximum
term of the House of Representatives is set by section 28 of the Constitution,
which states:
Every House of Representatives shall continue for three years
from the first meeting of the House, and no longer, but may be sooner dissolved
by the Governor-General.
The Constitution and the Commonwealth
Electoral Act 1918 (CEA) provide the following timetabling
provisions for elections:
-
writs to be issued for the election of members of the House of
Representatives and senators for the territories within 10 days following the
expiry of the House, or proclamation of the dissolution of the House, (Constitution,
section 32; CEA,
section 151)
-
writs to be issued for the election of senators for the states
within 10 days following a proclamation or dissolution of the Senate (Constitution,
section 12)
-
the rolls close at 8pm[2] on the seventh day after the date of the writ (CEA,
section 155)
-
nominations of candidates close at 12pm not less than 10 days or
more than 27 days after the date of the writs (CEA,
section 156; section
175). A request that candidates be grouped together in one column on the
Senate ballot paper under CEA,
section 168 must be made/submitted together with the nomination itself. A
request that the party name appear adjacent to the name of the candidate under CEA,
section 169 can be made at any time before the close of nominations
-
the declaration of candidates occurs at 12pm one day after
nominations close (CEA,
section 175)
-
pre-poll voting cannot begin earlier than the fourth day after
the declaration of nominations (CEA,
section 200D(4))
-
the polling day shall not be less than 23 days nor more than 31
days after the date of nominations (CEA,
section 157)
-
the election must be held on a Saturday (CEA,
section 158)
-
the writ must be returned no more than 100 days after the issue
of the writ (CEA,
section 159)
-
following the return of the writ, there is a period of 40 days
during which the Australian Electoral Commission (AEC), a candidate at the
election in dispute, or any person who was qualified to vote at that election,
may lodge a petition with the High Court sitting as the Court of Disputed
Returns challenging the result of the election (CEA,
section 355; section
357) and
-
Parliament must meet not later than 30 days after the date
appointed for the return of the writs (Constitution,
section 5). Parliament may meet before the appointed date for the return of
the writs if the writs have been returned.[3]
The time allowed from the expiry or dissolution of the House
to polling day is therefore not less than 33 days and not more than 68 days.
House of Representatives
election
A House of Representatives election can be requested at any
time but, if the Government has control of the House and is able to proceed
with its legislative program, the Governor-General is unlikely to agree to such
a request within the first year of a new parliament.
To calculate the latest possible date of the next election,
the maximum number of days specified must be applied. The last possible date
for the next election is within 68 days from the expiry of the House. As the 45th
Parliament first met on Tuesday 30 August 2016 it is, therefore, due to expire
on Thursday 29 August 2019.[4]
The next election for the House of Representatives must,
therefore, be held by 2 November 2019, the last Saturday within the 68 day
period. However, an election may be held at any time before that date.
Generally, elections are called well before there is a constitutional or legal
necessity.
There has been only one instance of an election being held
after a parliament expired through effluxion of time. This occurred in 1910. In
recent times, Prime Minister William McMahon has gone closest to a full-term parliament,
dissolving the House in 1972 after two years, 11 months and eight days. The 41st
Parliament under Prime Minister John Howard also went close, with a term from
16 November 2004 to 17 October 2007—two years, 11 months and one day.
Half-Senate election
Unlike the House of Representatives, the Senate is a
continuing body. Half the state senators’ terms expire on 30 June every
three years, except in the case of a simultaneous dissolution of both Houses as
occurred prior to the election on 2 July 2016. Section
13 of the Constitution requires that an election be held within one
year before the places of retiring senators become vacant. Under section
151 of the CEA the terms of senators for the territories coincide
with those of the House of Representatives.
There is no constitutional requirement that elections for
the House of Representatives and state senators be held simultaneously. They
are generally held concurrently, primarily to avoid the duplication of costs in
holding separate elections, and because it is felt that voters would not look
kindly upon a government that called separate elections. The last half-Senate
only election was held in 1970.
If the elections for the House of Representatives and half
the Senate are to be held simultaneously, the date must conform with the
constitutional provisions relating to the terms of senators and the period
during which the election must be held.
The terms of senators elected in 2016 expire on 30 June 2019
for senators allocated the three year term and on 30 June 2022 for senators
allocated six year terms.[5] Territory senators also serve three years but their terms are tied to the House
of Representatives and, consequently, the timing of House/General elections. Therefore,
in theory, the next half-Senate election must be held between 1 July 2018 and
30 June 2019. However, because a half-Senate election effectively cannot be
held in July, the earliest possible date for such an election is Saturday 4 August 2018.[6]
The latest date for a half-Senate election is Saturday 18
May 2019. This date allows for a maximum election period, including the maximum
100 day period after the issue of the writs, which would happen on Friday 22 March
2019, to their return by 30 June 2019 so that the senators may take their seats
on 1 July 2019.
Simultaneous half-Senate and
House of Representatives election
As House of Representatives and half-Senate elections are
usually held simultaneously, the earliest date for such an election would be
Saturday 4 August 2018.
As the latest possible date for a half-Senate election is
Saturday 18 May 2019, the latest possible date for a simultaneous (half-Senate
and House of Representatives) election is also 18 May 2019.
Double dissolution election
Section
57 of the Constitution provides that both houses may be
simultaneously dissolved should there be a legislative deadlock between them. A
deadlock occurs only when a three month period has elapsed between the Senate
rejecting a bill and the House passing it a second time only for it to be
rejected again.[7] Once these conditions have been met, a double dissolution election can be
called, though not within six months of the expiry date (Thursday 29 August
2019) for the House of Representatives. This means that the last possible date
for the dissolution of both houses of the 45th Parliament is Wednesday 27
February 2019.
If there is a double dissolution of the Parliament on Wednesday
27 February 2019, the usual timetabling requirements apply. The writs must be
issued within ten days of the dissolution, that is, by 9 March 2019. The writs
may be issued on the same day as the dissolution occurs, but as section
12 of the Constitution requires the writs for Senate elections to be
issued by the State Governors, these writs may not necessarily be issued on the
same day as the dissolution. Should the writs be issued on the same day (27
February), and the shortest times apply, nominations would close on 9 March,
and polling would be on Saturday 6 April 2019.
Should the maximum times apply, the writs would have to be
issued by 9 March 2019 and nominations would have to close by 5 April 2019. The
latest possible polling date for a double dissolution election is Saturday 4 May 2019.
Next
Commonwealth election
The usual types of election have been either a simultaneous
half-Senate and House of Representatives election, or a double dissolution
election. For either election, the Government has usually opted for a short
campaign period,[8] notwithstanding the 2016 double dissolution campaign which went for 54 days. The
Government also tries to avoid having an election campaign over the Easter
period. As Easter Sunday is on 21 April in 2019, this may be a factor if an
election is considered in that year.
Tables 1–3 (below) set out the earliest and latest dates,
and possible election timetables, for a simultaneous half-Senate and
House of Representatives election and for a double dissolution election.
Because there are limits as to when an election can be called for either type,
to establish the latest polling date the maximum timetable period must be used.
It should be noted that in Table 2 and Table 3 these are theoretical limits.
For practical, political and financial reasons a Government is unlikely to have
a maximum campaign period of 68 days nor a pre-poll period of 25 days.
Table 1: Commonwealth: next
election earliest and latest dates
Election type |
Last election |
Earliest date |
Latest date |
Simultaneous half-Senate and House of Representatives |
|
4 August 2018 |
18 May 2019 |
House of Representatives |
|
|
2 November 2019 |
Half-Senate |
|
4 August 2018 |
18 May 2019 |
Double dissolution |
2 July 2016 |
|
4 May 2019 |
Sources: Australian Electoral Commission; Parliamentary Library.
Table 2: Commonwealth: simultaneous
half-Senate and House of Representatives election—possible timetables
Event |
Earliest possible election date with a minimum election
period |
Latest possible election date with a maximum election
period |
Expiry/dissolution of Parliament |
1 July 2018 |
12 March 2019 |
Issue of Writs (within 10 days from expiry/
dissolution of Parliament) |
1 July 2018 |
22 March 2019 |
Close of Rolls (seven days after issue of writs) |
8 July 2018 |
29 March 2019 |
Close of Nominations (at 12 pm not less than 10
days nor more than 27 days after the issue of writs) |
11 July 2018 |
18 April 2019 |
Declaration of Nominations (at 12 pm one day after
close of nominations) |
12 July 2018 |
19 April 2019 |
Pre-poll voting can begin (not less than the fourth
day after the declaration of nominations) |
16 July 2018 |
23 April 2019 |
Polling Day (on a Saturday not less than 23
days nor more than 31 days after the close of nominations) |
4 August 2018 |
18 May 2019 |
Return of Writs (no more than 100 days after the
issue of the writs) |
9 October 2018 |
30 June 2019 |
Meeting of Parliament (not later than 30 days after
the date appointed for the return of the writs but may meet before that date
if the writs have been returned) |
10 October 2018[9] |
30 July 2019 |
Sources: Australian Electoral Commission; Parliamentary Library.
Table 3: Commonwealth: double dissolution
election—possible timetables
Event |
Latest possible election date with a minimum election
period |
Latest possible election date with a maximum election
period |
Expiry/dissolution of Parliament |
27 February 2019 |
27 February 2019 |
Issue of Writs (within 10 days from expiry/
dissolution of Parliament) |
27 February 2019 |
9 March 2019 |
Close of Rolls (seven days after issue of writs) |
6 March 2019 |
16 March 2019 |
Close of Nominations (at 12 pm not less than 10
days nor more than 27 days after the issue of writs) |
9 March 2019 |
5 April 2019 |
Declaration of Nominations (at 12 pm one day after
close of nominations) |
10 March 2019 |
6 April 2019 |
Pre-poll voting can begin (not less than the fourth
day after the declaration of nominations) |
14 March 2019 |
10 April 2019 |
Polling Day (not less than 23 days nor more
than 31 days after the close of nominations) |
6 April 2019 |
4 May 2019 |
Return of Writs (no more than 100 days after the
issue of the writs) |
8June 2019 |
18 June 2019 |
Meeting of Parliament (not later than 30 days after
the date appointed for the return of the writs but may meet before that date
if the writs have been returned) |
10 June 2019[10] |
19 July 2019 |
Sources: Australian Electoral Commission; Parliamentary Library.
States and
territories
Each state and territory has its own provisions as to when
elections are held. Table 4 (below) sets out (where applicable) the earliest
and latest dates on which the next elections can be held for the lower house.
All states, except Queensland, have bicameral parliaments. The territories and
Queensland are unicameral.
There are usually exceptional circumstances in which early
elections can be called and they vary slightly from parliament to parliament.
They include such circumstances as: the government losing the confidence of
parliament; parliament failing to pass a money Bill for the ordinary services
of government; parliament failing to pass a ‘Bill of special importance’ on two
occasions; the date of the election clashing with the date for the Commonwealth
election (CEA,
section 394); or a natural disaster.
Table 4: States and territories:
next election dates
State/territory |
Most recent |
Actual/Fixed date |
Earliest date |
Latest date |
Northern Territory |
27 August 2016 |
22 August 2020 |
|
|
Australian Capital Territory |
20 October 2012 |
15 October 2016 |
|
|
Western Australia |
9 March 2013 |
11 March 2017 |
|
|
South Australia |
15 March 2014 |
17 March 2018 |
|
|
Queensland |
31 January 2015 |
|
|
5 May 2018 |
Victoria |
29 November 2014 |
24 November 2018 |
|
|
New South Wales |
28 March 2015 |
23 March 2019 |
|
|
Tasmania |
15 March 2014 |
|
|
19 May 2018 |
Sources: state and territory electoral commissions;
Parliamentary Library.
Northern Territory
Section 17 of the Northern Territory
(Self-Government) Act 1978 (NT) determines that the Legislative
Assembly has a maximum four-year term. In March 2009 the Legislative Assembly
adopted a fixed date for elections. Section 23 of the Electoral Act (NT) was repealed and substituted by section 4 of the Electoral
Amendment Act 2009 (NT). The new subsection 23(1) provides:
For determining the date for a general election if the
previous general election was not an extraordinary general election, the
general election is to be held on the 4th Saturday in August in the 4th year
after the year in which the previous general election was held.
However, if an extraordinary election has been held because
the Government either lost the confidence of the Assembly or an Appropriation Bill
was rejected by, or failed to pass, the Assembly,[11] ‘the general election is to be held on the 4th Saturday in August in the 3rd year
after the year in which that extraordinary general election was held’.[12]
Australian Capital Territory
The Legislative Assembly has a fixed term. Section 100 of
the Electoral
Act 1992 (ACT) provides that elections are to be held on the third
Saturday in October every four years. If the date clashes with a Commonwealth
election, then the ACT election must be deferred until the first Saturday in
December. Furthermore, the election will also not occur if there has been an
extraordinary election held within six months before the October date. An
extraordinary election may be held, for example, because the Governor-General
has dissolved the Assembly, or because the Chief Minister has lost the
confidence of the Assembly.
Western Australia
On 11 November 2011 the Western Australian Parliament passed
the Electoral
and Constitution Amendment Act 2011 (WA) which established a fixed
election date. Elections are held on the second Saturday in March every four
years.
South Australia
The South Australian House of Assembly has a fixed term.
According to section 28 of the Constitution
Act 1934 (SA) a general election of members of the House of Assembly
must be held on the third Saturday in March every four years unless this date
falls on the day after Good Friday, occurs within the same month as a general
election of members of the Commonwealth House of Representatives or unless the
conduct of the election could be adversely affected by a state disaster. In
conjunction with the Assembly election, an election is also held for 11
retiring members of the Legislative Council.[13]
The Governor may also dissolve the Assembly and call a
general election for an earlier date if the Government has lost the confidence
of the Assembly or a Bill of special importance has been rejected by the
Legislative Council.[14] Both the Council and the Assembly may also be dissolved simultaneously if a
deadlock occurs between them as outlined in section 41 of the Act.
Queensland
At a referendum on 19 March 2016 Queenslanders voted to
approve a Bill to move to a fixed four-year parliamentary term from the date
appointed for the return of the writs. In future, under the Constitution
of Queensland 2001 (to be amended by the Constitution (Fixed Term Parliament) Amendment
Act 2015 (Qld)), ordinary general elections are to be held on
the fourth Saturday in October every four years. However, this will not come
into effect until after the next Queensland election (the Constitution
(Fixed Term Parliament) Amendment Act 2015 (Qld) commences when the
Governor of Queensland summons the Queensland Parliament to meet after the next
general election).[15]
Victoria
The Legislative Assembly has a fixed four-year term. Barring
exceptional circumstances (for example, the date clashing with a Commonwealth
election), elections are held on the last Saturday in November every four
years.[16]
Elections for Legislative Council members are held on the
same day as those for the Legislative Assembly. The election process is
governed by the Electoral
Act 2002(Vic.).
New South
Wales
The Legislative Assembly has a fixed term unless, subject to
section 24B of the Constitution
Act 1902 (NSW), the Government has lost the confidence of the Assembly
or an Appropriation Bill has been rejected or failed to have been passed by the
Assembly. For fixed term elections, the elections are to be held on the fourth
Saturday in March every four years unless this would mean they would be held
during the same period as a Commonwealth election, during a holiday period or
at any other inconvenient time.[17]
Elections for half of the Legislative Council are held
simultaneously with each Legislative Assembly general election. The election
process is governed by the Parliamentary
Electorates and Elections Act 1912 (NSW) and the Constitution
Act 1902 (NSW).
Tasmania
Section 23 of the Constitution
Act 1934 (Tas.) stipulates that the Tasmanian House of Assembly has a
maximum four-year term from the day of the return of the writs. The election
date is not fixed and can be called at any time with the Governor’s agreement.
The Electoral
Act 2004 (Tas.) governs the process of elections.
Elections for the Legislative Council are held on the first
Saturday in May every year. Elections are on a six-year periodic cycle with
elections for three members being held in one year, for two members the next
year and so on.[18]
Local government
There are local councils in every state and territory except
the ACT. Each state and territory has its own provisions as to when elections
are held. Table 5 below sets out the most recent elections and when the next
elections are due.
Table 5: Local councils: next
election dates
State/territory |
Most recent |
Next election |
Comments |
New South Wales |
8 September 2012 |
10 September 2016 |
|
Victoria |
9–26 October 2012 |
4–21 October 2016 |
Councils conducting postal vote elections |
|
27 October 2012 |
22 October 2016 |
Councils where voters must attend a voting centre |
Northern Territory |
24 March 2012 |
26 August 2017 |
|
Western Australia |
17 October 2015 |
21 October 2017 |
|
Tasmania |
14–28 October 2014 |
16–30 October 2018 |
|
South Australia |
7 November 2014 |
9 November 2018 |
|
Queensland |
19 March 2016 |
28 March 2020 |
|
Sources: State and territory electoral commissions;
Parliamentary Library.
New South
Wales
Elections for local councils
are held every four years on the second Saturday in September. This is
determined according to a process outlined in the Local Government Act 1993 (NSW) (Chapter 10). Due to council merger processes,
elections for councils subject to merger proposals are deferred. Elections for
new councils will take place on 9 September 2017.[19]
Victoria
Elections for local councils are held every four years on
the fourth Saturday in October. This is determined according to a process
outlined in the Local
Government Act 1989 (Vic.) (Part 3, Division 4, section 31).
Northern
Territory
Elections for local councils are held every four years on
the fourth Saturday in August. This is determined according to a process
outlined in the Local
Government Act (NT) (Chapter 8.1, section 85). Elections were due in
March 2016 but, to avoid coinciding with federal and Northern Territory
elections, the Act was amended to move these elections to August 2017 and to
adopt a four-year cycle thereafter.
Western
Australia
Elections for local councils are held every two years on the
third Saturday in October. This is determined according to a process outlined
in the Local
Government Act 1995 (WA) (Part 4, Division 4, section 4.7).
Tasmania
Major reforms affecting local council elections were
introduced with the enactment on 20 June 2013 of the Local
Government Amendment (Elections) Act 2013 and the making of the Local
Government (Number of Councillors) Order 2013, the Local
Government (Casual Vacancies) Order 2013, and the Local
Government (Elections) Order 2013. All aldermen, councillors, mayors
and deputy mayors are elected by full postal voting for four-year terms during
a two-week period ending on the last Tuesday in October every four years. The
period is determined according to a process outlined in the Local
Government Act 1993 (Tas.) (Part 15, section 268A).
South
Australia
Elections for local councils are held every four years on
the last business day before the second Saturday in November. This is
determined according to a process outlined in the Local
Government (Elections) Act 1999 (SA) (Part 2, Division 1, section 5).
Queensland
Elections for local councils are held every four years on
the last Saturday in March. This is determined according to a process outlined
in the Local
Government Electoral Act 2011 (Qld) (Part 4, Division 1, section 23).
However, the most recent elections were brought forward by regulation to avoid
the Easter period.
All
elections
Table 6 (below) sets out the elections which are due across
all jurisdictions for the next few years. It does not include supplementary
elections, by-elections or separate legislative council elections.
Table 6: Timeline of election
dates, 2016–20
Election date (actual or
due) |
Jurisdiction and type of election |
2016 |
10 September |
New South Wales (local) |
15 October |
Australian Capital Territory
(territory) |
Between 4 and 21 October |
Victoria (local – for councils
conducting a postal vote election) |
22 October |
Victoria (local – for councils
where voters must attend a voting centre) |
2017 |
11 March |
Western Australia (state) |
26 August 2017 |
Northern Territory (local) |
9 September |
New South Wales (local – for new
councils) |
21 October 2017 |
Western Australia (local) |
2018 |
17 March |
South Australia (state) |
By 14 April |
Queensland (state) |
By 19 May |
Tasmania (state) |
Between 4 August and 18 May
2019 |
Federal (simultaneous House of
Representatives and half-Senate or half-Senate only) |
Between 16 and 30 October |
Tasmania (local) |
9 November |
South Australia (local) |
24 November |
Victoria (state) |
2019 |
23 March |
NSW (state) |
By 4 May |
Federal (double dissolution) |
By 18 May |
Federal (simultaneous House of
Representative and half-Senate or half-Senate only) |
By 2 November |
Federal (House of
Representatives only) |
2020 |
28 March |
Queensland (local) |
22 August |
Northern Territory (territory) |
Sources: state and territory electoral commissions;
Parliamentary Library.
[1]. S
Bennett and R Lundie, Australian
electoral systems, Research paper, 5, 2007–08, Parliamentary Library,
Canberra, 12 August 2007, accessed 30 August 2016.
[2]. The
8pm deadline for close of rolls is established in the requirements for lodging
claims for enrolment under the following provisions of the Commonwealth Electoral
Act 1918 (CEA): subsections 94A(4)(a); 95(4)(a); 96(4)(a);
99B(2)(c)(ii); 102(4)(a)(i); 103A(5)(a); 103B(5)(a); 118(5)(a).
[3]. B Wright, ed, House
of Representatives practice, 6th edn, Canberra, Department of the House
of Representatives, 2012, p. 216, accessed 30 August 2016.
[4]. This date has
been calculated based on the three year period in section 28 of the Constitution including the first day on which the House sat on 30 August 2016.
[5]. Constitution,
section 13.
[6]. S Bennett, Restrictions
on the timing of half-Senate elections, Research note, 38, Department
of the Parliamentary Library, Canberra, 14 May 2002,
30 August 2016.
[7]. A critical
consideration affecting the timing of any double dissolution is the date from
which the three-month interval is calculated. Although some aspects of section
57 remain unclear, a majority of the High Court held in Victoria v
Commonwealth and Connor (1975) 134 CLR 81, [1975] HCA 39 that the three-month interval commences on the date on which the Senate rejects
or fails to pass the Bill. The High Court has not expressed a definitive view
as to the commencement of the three-month period in which the Senate passes a
Bill with amendments ‘to which the House will not agree’.
[8]. For the
purposes of this paper ‘campaign period’ refers to the period from the date
Parliament is dissolved to polling day.
[9]. Parliament
is able to meet as soon as the writs have been returned.
[10]. Although
technically Sunday 9 June 2019, it would more likely be on Monday 10 June 2019;
See footnote 6 above.
[11].
Electoral
Act (NT), sections 24, 25.
[12].
Electoral
Act (NT), subsection 23(2).
[13].
Constitution
Act 1934 (SA), section 14.
[14].
Constitution Act 1934 (SA), section 28A.
[15].
The Constitution (Fixed Term Parliament) Amendment Act
2015 (Qld) was assented to on 5 May 2016; the next Queensland
election is to be held by 5 May 2018.
[16].
Constitution
Act 1975 (Vic.), sections 38 and 38A.
[17].
Constitution
Act 1902 (NSW), sections 24A and 24B.
[18].
Constitution
Act 1934 (Tas.), section 19.
[19]. See NSW
Government, ‘Stronger
councils: stronger communities’, NSW Government Stronger Councils website,
accessed 30 August 2016.
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