Posted 22/06/2023 by Cathy Madden
One of the noticeable changes that occurred with the new 47th Parliament is the flying of the Aboriginal and the Torres Strait Islander flags alongside the Australian National Flag in the Senate and House chambers. This reform has been some time in the making.
Following a request by the new Labor Government, the Aboriginal Flag, the Torres Strait Islander Flag and the Australian National Flag were positioned next to each other on the floor of the House of Representatives Chamber for the first time at the commencement of the 47th Parliament (26 July 2022). On 27 July 2022 the Senate agreed to a motion that the Aboriginal Flag and the Torres Strait Islander Flag be displayed alongside the Australian National Flag in the Chamber.
The Australian National Flag was proclaimed in 1954 and took precedence over the Union Jack for the first time in the Provisional Parliament House in February 1954.
The Aboriginal Flag and the Torres Strait Islander Flag were proclaimed flags of Australia under section 5 of the Flags Act 1953 on 14 July 1995. On 25 January 2022, Prime Minister Morrison announced that the copyright of the Australian Aboriginal flag was transferred to the Commonwealth of Australia thereby allowing greater public use of the flag.
This brief outlines the history of flying the National Australian flag, the Aboriginal flag and Torres Strait Islander flag in the respective Parliamentary chambers.
Senate
Consideration was given to the display in the Senate chamber of state Arms, insignia or flags by the Senate Standing Orders Committee in 1980. In its 5th Report the Committee could not reach an unanimous view of the matter which remained under consideration until 1982.
The Australian National Flag has been present in the Senate Chamber since 1992 when Senator R Boswell (Nat, Qld) introduced a motion:
the Australian flag has not been in the Senate for 92 years. The Senate chamber of the old Parliament House had the State flags proudly displayed on the front wall—or the back wall depending on how one looks at it. When we came to the new Parliament House the flags did not follow us because it was said that they would not fit in with the decor of the Parliament.
Subsequently, the Senate resolved a Procedural order of continuing effect (no 26) to furnish the Chamber with the Australian National Flag: the flag was flown in the Chamber for the first time on 12 October 1992.
On 26 August 2020 notice was given of a motion for the Aboriginal Flag to be displayed in the Senate Chamber. On 31 August the motion was postponed to 6 October 2020.
On 10 November 2020 Senator Urqhart (ALP, Tas), on behalf of a number of senators, moved a motion requesting that ‘... consistent with its previous resolution, the Aboriginal Flag and the Torres Strait Islander Flag be displayed alongside the Australian flag in the Senate chamber’. The motion was defeated 29 to 28.
House of Representatives
The Australian National Flag was displayed in the House Chamber in the Provisional Parliament House from 20 October 1977 and in the current Chamber since Parliament’s opening in September 1988. Currently an Australian national flag is mounted high in each of the 4 corners of the Chamber, and an additional 2 flags flank the main entrance.
A question on flying the Aboriginal Flag in the Chamber was raised in 1984, to which the Speaker noted:
… a recent Government decision, taken to mark National Aborigines Week, to fly the Aboriginal flag on a second flagpole next to or near the national flag on official buildings and establishments. …
The President of the Senate and I considered the matter and decided that the Parliament should similarly mark National Aborigines Week by utilising two poles in front of Parliament House so that the Australian flag and the Aboriginal flag could be flown side by side in front of the House during the week. A similar practice has been followed on other special occasions.
On 12 May 1998 Mr Melham (ALP, Banks) asked the Speaker ‘will you give consideration to those flags [Aboriginal Flag and the Torres Strait Islander Flag] also being flown in the chamber or outside the chamber at the appropriate time?’. The Speaker responded: ‘I do not believe it appropriate that other flags be flown in the chamber, but I certainly take note of his request’. The Speaker made a further statement on 25 May 1998 during Reconciliation Week noting that 4 flags were being flown at the entrance to the House of Representatives Chamber including the Aboriginal Flag and Torres Strait Islander Flag. This precedent was followed in 1999 and 2000.
Ms Sharkie (CA, Mayo) asked a question of Prime Minister Malcolm Turnbull in August 2018 relating to flying the Aboriginal and Torres Strait Island Flags in the Chamber. Mr Turnbull responded, suggesting the member ‘move a motion to amend the standing orders for that purpose’ while noting the ‘flag hanging in each corner of this room was the flag of Australia’.
Other members had indicated support for flying the Aboriginal and Torres Strait Islander Flags such as Mr Burns (ALP, Macnamara) in a speech on the 120th anniversary of the Australian Flag, and Ms Burney (ALP, Barton) who called on the Minister [Wyatt] to put forward a motion ‘… and include flying the Aboriginal and Torres Strait Islander Flags in the House?’.
State examples
Some states have flown the Aboriginal and the Torres Strait Islander Flags in their Chambers or permanently at Parliament House for some time.
Since 2010 the Aboriginal Flag has hung next to the NSW state flag in the NSW Legislative Assembly and the Australian National Flag has hung in the Assembly Chamber since 2013. On 22 November 2012 the NSW Legislative Council resolved that the Aboriginal Flag be displayed in the Chamber.
The Victorian Parliament has flown the Aboriginal Flag alongside the Australian National Flag and the Victorian flag on the roof of the Parliament permanently since 15 September 2015.