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 entitled, Australian Electoral Systems,[1] and the Research
Paper by Damon Muller entitled The New Senate Voting System and the 2016 Election,
which describes reforms to the Senate voting system—the largest reform to
Australia’s federal voting system in over 30 years—introduced in 2016.[2]
The
Commonwealth
The
rules
While the calling of a Commonwealth election is partly a
matter of political judgement 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.[3]
The Constitution[4]
and the Commonwealth
Electoral Act 1918[5]
(CEA) provide the following timetabling provisions for elections (note that the
specific dates for the relevant election are set out in the writ):[6]
- writs are to be issued for the election of Members of the House
of Representatives and Senators for the Territories by the Governor-General
within 10 days following the expiry of the House, or proclamation of its
dissolution (Constitution,
section 32; CEA,
section 151)
- writs are to be issued for the election of Senators for the states
by the state Governors within 10 days following the expiry of the Senate, or
proclamation of its dissolution (Constitution,
section 12)
-
the rolls close at 8pm[7]
on the seventh day after the date of the writ (CEA,
section 155)
- nominations of candidates close at 12 pm not less than 10 days nor
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 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 12 pm on the day after
nominations close (CEA,
section 175)
- pre-poll voting cannot begin earlier than the fifth day after the
declaration of nominations (CEA,
section 200D(4))[8]
- the polling day shall not be less than 23 days nor more than 31
days after the date of nomination (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)[9]
- 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 acting as the Court of Disputed
Returns challenging the result of the election (CEA,
section 355; section
357) and[10]
- 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[11]
- 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. These
timings are summarised in Appendix A
- The Government, in its advice to the Governor-General, may use
this flexibility around timings in order to ensure that the key election events
do not land on inconvenient days. For example, the writ for the 2019 federal
election was timed so that milestones such as the close of rolls or the start
of early voting did not occur on public holidays (such as Anzac Day) or over
the Easter long weekend.[12]
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 highly unlikely to agree
to such a request within the first year of a new parliament.[13]
The latest possible date of the next election is within 68
days from the expiry of the House. As the 46th Parliament first met on Tuesday
2 July 2019, it is therefore due to expire on Friday 1 July 2022.[14]
The election for the House of Representatives must therefore be held by 3 September 2022,
the last Saturday within this 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
more 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, of two years, 11
months and one day. The length of the 45th Parliament was determined
largely by the requirement to hold a half-Senate election, as discussed in the
next section.
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 for 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. 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 together, 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 time a
half-Senate only election was held was in 1970.[15]
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 Senate election must be held.
The terms of senators elected in 2016 for six year terms
will expire on 30 June 2022.[16]
Territory Senators serve three years but their terms are tied to the House of
Representatives and consequently the timing of House/General elections (CEA,
section 151). Therefore, in theory, the next half-Senate election must be
held between 1 July 2021 and 30 June 2022. However, it is generally considered
that the election is a period that begins with the issue of the writ and, as
such, a half-Senate election effectively cannot be held in July 2021 given the
minimum 33 days from expiry/dissolution to polling day. So the earliest
possible date for such an election is Saturday 7 August 2021.[17]
Similarly, practicalities of timings between polling day and
the swearing in of new Senators has traditionally precluded June from being
available for half-Senate elections. Allowing for a maximum election period,
the latest date for the next half-Senate election would be Saturday 21 May 2022.
This date allows for the maximum 100 day period after the issue of the writs,
which would happen on Tuesday 22 March, to their return by 30 June 2022 so that
the elected Senators could take their seats on 1 July 2022.
Note, however, that the latest date is not nearly as fixed
as the earliest. Section
159 of the CEA requires a maximum of 100 days for return of the
writs; in practice, the Governor-General, on advice from the Prime Minister, could
specify less time.[18]
Simultaneous
half-Senate and House of Representatives election
As House of Representatives and half-Senate elections are
usually held together, the earliest date for a simultaneous election would be
Saturday, 7 August 2021.
The latest possible date for a half-Senate election is
Saturday 21 May 2022, so the latest possible date for a simultaneous
(half-Senate and House of Representatives) election is the same date.
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.[19]
Once these conditions have been met, a double dissolution election can be
called, though not within six months of the expiry date (currently Friday 1
July 2022) for the House of Representatives. This means that the last possible
date for the dissolution of both houses of the current parliament is Friday 31
December 2021.
If there is a double dissolution of the Parliament on Friday
31 December 2021, the usual timetabling requirements apply. The writs must be
issued within ten days of the dissolution, that is, by 10 January 2022. 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 (31
December), and the shortest times apply, nominations would close on 10 January,
and polling would be on Saturday 5 February 2022.
Should the maximum times apply, the writs would have to be
issued by 10 January 2022 and nominations would have to close by 6 February
2022. The latest possible polling date for a double dissolution election is
Saturday 5 March 2022.
Next Commonwealth election
The most common types of election have been either a
simultaneous half-Senate and House of Representatives election, or a double
dissolution election. For either type of election, the Government has usually
opted for a short campaign period,[20]
notwithstanding the 2016 double dissolution campaign which went for 54 days.
The Government also usually tries to avoid having an election campaign over the
Easter period, although the 2019 election was held over the Easter period. As
Easter Sunday is on 17 April in 2022, this may be a factor if an election is
considered in that year.
Tables 1-3 below set out the earliest and latest election
dates, and possible election timetables, for these two types of
elections. Because there are limits as to when either type of election can be
called, 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 or a pre-poll period of
28 days.
Table 1: Commonwealth
elections—Next election dates
|
|
Last election |
Earliest date |
Latest date |
| Simultaneous half-Senate and
House of Representatives |
18 May 2019 |
7 August 2021 |
21 May 2022 |
| House of Representatives |
|
|
3 September 2022 |
| Half-Senate |
|
7 August 2021 |
21 May 2022 |
| Double dissolution |
2 July 2016 |
|
5 March 2022 |
Source: Parliamentary
Library.
Table 2:
Commonwealth elections—Simultaneous half-Senate and House of Representatives
election possible timetables
|
|
Dates for earliest possible election, with a minimum
election period |
Dates for latest possible election, with a maximum
election period |
| Expiry/dissolution of
Parliament |
1 July 2021 |
12 March 2022 |
| Issue of Writs (within
10 days from expiry/ dissolution of Parliament) |
1 July 2021 |
22 March 2022 |
| Close of Rolls (seven
days after issue of writs) |
8 July 2021 |
29 March 2022 |
| Close of Nominations
(at 12 pm not less than 10 days nor more than 27 days after the issue of
writs) |
11 July 2021 |
18 April 2022 |
| Declaration of Nominations
(at 12 pm one day after close of nominations) |
12 July 2021 |
19 April 2022 |
| Pre-poll voting can begin (not
less than the fifth day after the declaration of nominations) |
17 July 2021 |
24 April 2022 |
| Polling Day (on
a Saturday not less than 23 days or more than 31 days after the close of
nominations) |
7 August 2021 |
21 May 2022 |
| Return of Writs (no
more than 100 days after the issue of the writs) |
9 October 2021 |
30 June 2022 |
| 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)[21] |
11 October 2021[22] |
2 August 2022[23] |
Source: Parliamentary
Library.
Table 3:
Commonwealth Parliament—Double dissolution election possible timetables
|
|
Dates for earliest
possible election, with a minimum election period |
Dates for latest possible
election, with a maximum election period |
| Expiry/dissolution of
Parliament |
31 December 2021 |
31 December 2021 |
| Issue of Writs (within
10 days from expiry/dissolution of Parliament) |
31 December 2021 |
10 January 2022 |
| Close of Rolls (seven
days after issue of writs) |
7 January 2022 |
17 January 2022 |
| Close of Nominations
(at 12 pm not less than 10 days or more than 27 days after the issue of
writs) |
10 January 2022 |
6 February 2022 |
| Declaration of Nominations
(at 12 pm one day after close of nominations) |
11 January 2022 |
7 February 2022 |
| Pre-poll voting can begin
(not less than the fifth day after the declaration of nominations) |
16 January 2022 |
12 February 2022 |
| Polling Day (not
less than 23 days nor more than 31 days after the close of nominations) |
5 February 2022 |
5 March 2022 |
| Return of Writs (no
more than 100 days after the issue of the writs) |
10 April 2022 |
20 April 2022 |
| 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) |
11 April 2022 |
24 May 2022[24] |
Source: Parliamentary
Library.
States
and territories
Each state and territory has its own provisions as to when
elections are held. Table 4 below sets out when the next elections will be held
for the lower house of each state and territory (with the exception of
Tasmania, for which only an estimate can be offered). All states, except
Queensland, have bicameral parliaments. Queensland and the territories 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 things 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 if there is a natural disaster.
Table 4:
States and territories—Next election dates
|
|
Most recent |
Next election date |
| NT |
27 August 2016 |
22 August 2020 (fixed) |
| ACT |
15 October 2016 |
17 October 2020[25]
(fixed) |
| Qld |
25 November 2017 |
31 October 2020 (fixed
thereafter)[26] |
| WA |
11 March 2017 |
13 March 2021 (fixed) |
| Tas. |
3 March 2018 |
Around mid-2022 (not fixed)[27] |
| SA |
17 March 2018 |
19 March 2022 (fixed) |
| Vic. |
24 November 2018 |
26 November 2022 (fixed) |
| NSW |
23 March 2019 |
25 March 2023 (fixed) |
Source: State and territory
electoral commissions; Parliamentary Library.
Northern Territory
Section
17 of the Northern
Territory (Self-Government) Act 1978[28]
(Cth) determines that the Legislative Assembly has a maximum four-year, fixed
term. Section 23(1) of the Electoral Act 2004[29]
states:
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 general 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,[30]
section 23(2) dictates that ‘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’.
Australian Capital Territory
The Legislative Assembly has a fixed term. Section 100 of
the Electoral
Act 1992[31]
prescribes that elections are to be held on the third Saturday in October every
four years. If the date clashes with a Commonwealth election, then it must be
deferred until the first Saturday in December. Furthermore, the election would
also not occur if there has been an extraordinary election held within six months
before the October date. An extraordinary election[32] may be held for example,
because the Governor-General has dissolved the Assembly,[33]
or because the Chief Minister has lost the confidence of the Assembly.[34]
Queensland
At a referendum on 19 March 2016, Queenslanders voted to
approve a Bill to move from a maximum three-year term to a fixed four-year
parliamentary term from the date appointed for the return of the writs. The Constitution (Fixed Term Parliament) Amendment Act 2015[35]
provides for an election to be held on the fourth Saturday in October every
four years. However, this provision will not come into effect until after the
2020 election.
Western
Australia
On 11 November 2011, the Western Australian Parliament
passed the Electoral
and Constitution Amendment Act 2011[36]
which established a fixed election date. Elections are held on the second
Saturday in March, every four years.[37]
Tasmania
Section 23 of the Constitution
Act 1934[38]
stipulates that the Tasmanian House of Assembly (the lower house) 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[39]
governs the process of elections.
Section 19 of the Constitution
Act states that elections for the Legislative Council (the upper house)
are to be 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.[40]
South Australia
The South Australian House of Assembly (lower house) has a
fixed, four-year term. According to section 28 of the Constitution
Act 1934[41] (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 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 members of the Legislative Council (upper house).[42]
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.[43]
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.
Victoria
The Legislative Assembly (the lower house) has a fixed,
four-year term. Section 38 of Victoria’s Constitution
Act 1975[44]
stipulates that, barring exceptional circumstances (for example, the date
clashes with a Commonwealth election), elections are held on the last Saturday
in November every four years.[45]
According to section 38A
of the Constitution Act 1975, elections for Legislative Council
(upper house) members are held on the same day as those for the Legislative
Assembly. The election process is governed by the Electoral
Act 2002.[46]
New South Wales
The Legislative Assembly (lower house) has a fixed term
unless, subject to section 24B
of the Constitution Act 1902,[47]
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. According to
sections 24A and 24B of the Act, 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.[48]
According to the Sixth
Schedule and section
22A(3) of the Constitution Act 1902, elections for half of the
Legislative Council (upper house) are held simultaneously with each Legislative
Assembly general election. The election process is governed by both the Electoral
Act 2017[49]
and the Constitution Act 1902.
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. The following table sets out the most recent council elections and
when the next council elections are due.
Table 5:
Local councils—Next election dates
| State/Territory |
Most recent |
Next election |
Comments |
| Western Australia |
21 October 2017 |
19 October 2019 |
Councillors are elected for 4
years in WA. Elections are held every 2 years for half the council[50] |
| Queensland |
19 March 2016 |
28 March 2020 |
|
| New South Wales |
9 September 2016 |
13 September 2020 |
|
| |
9 September 2017 |
13 September 2020 |
Some NSW councils had their
elections deferred due to the formation of new councils and were unable to
participate in the 2016 NSW local government elections[51] |
| Victoria |
4–21 October 2016 |
5–23 October 2020[52] |
Councils conducting postal
vote elections |
| |
22 October 2016 |
24 October 2020 |
Councils where voters must
attend a voting centre |
| Northern Territory |
26 August 2017 |
28 August 2021 |
|
| Tasmania |
8–30 October 2018 |
11–25 October 2022 |
Postal voting only |
| South Australia |
9 November 2018 |
11 November 2022[53] |
|
Source: State and territory
electoral commissions; Parliamentary Library.
Western Australia
Section 4.7 of the Local
Government Act 1995[54]
stipulates that elections for local councils are held every two years on the
third Saturday in October. The process for conducting local council elections
in WA is determined according to a process outlined in Part 4 of the Local
Government Act 1995.
Queensland
Section 23 of the Local
Government Electoral Act 2011[55]
stipulates that local council elections are to be held every four years on the
last Saturday in March. The processes for holding local council elections are
outlined in the Local Government Electoral Act 2011.
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 Chapter 10 of the Local
Government Act 1993.[56]
Victoria
According to Section 31 of the Local
Government Act 1989[57]
elections for local councils are held every four years on the fourth Saturday
in October. The process for holding local council elections is set out in Part
3 of the Local Government Act 1989.
Northern Territory
Section 85 of the Local
Government Act 2008[58]
states that elections for local councils must be held every four years, on the
fourth Saturday in August. The conduct of local elections in the NT is
determined by a process outlined in Chapter 8 of the Local Government Act
2008.
Tasmania
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 Part 15 of the Local
Government Act 1993.[59]
South Australia
According to Section 5 of the Local
Government (Elections) Act 1999,[60]
elections for local councils must be held every four years on the last business
day before the second Saturday in November. Local election processes are
outlined in Parts 2–10 of the Local Government (Elections) Act 1999.
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 2019–2023
| Election Date (actual or due) |
Jurisdiction and Type of Election |
| 2019 |
| 19 October |
Western Australia (local) |
| 2020 |
| 28 March |
Queensland (local) |
| 22 August |
Northern Territory (territory) |
| 13 September |
New South Wales (local) |
| 17 October |
Australian Capital Territory
(territory) |
| Between 5 and 23 October |
Victoria (local—for councils
conducting a postal vote election) |
| 24 October |
Victoria (local—for councils
where voters must attend a voting centre) |
| 31 October |
Queensland (state) |
| 2021 |
| 13 March |
Western Australia (state) |
| Between 7 August 2021 and 21
May 2022 |
Federal (simultaneous House of
Representatives and half-Senate or half-Senate only) |
| 28 August |
Northern Territory (local) |
| 2022 |
| By 5 March at the latest |
Federal (double dissolution) |
| 19 March |
South Australia (state) |
| By 21 May |
Federal (simultaneous House of
Representative and half-Senate or half-Senate only) |
| Mid-2022 |
Tasmania (state) |
| By 2 September |
Federal (House of
Representatives only) |
| Between 11 and 25 October |
Tasmania (local) |
| 11 November |
South Australia (local) |
| 26 November |
Victoria (state) |
| 2023 |
| 25 March |
New South Wales (state) |
Source: State and territory
electoral commissions; Parliamentary Library.
Appendix A:
The election timetable
| |
Minimum
# of days |
Maximum
# of days |
|
Expiry or dissolution of
Parliament
The House of Representatives
expires three years after its first meeting but can be dissolved earlier (section 28,
Constitution).
|
|
|
|
Election announcement
No fixed time.
|
|
|
|
Issue of writs
Writs are issued within 10
days of the expiry of the House of Representatives or within 10 days of the
proclamation of a dissolution of the House of Representatives or the Senate
(sections 12 and 32 of the Constitution, section 151 of
the Commonwealth Electoral Act 1918).
|
0 |
10 |
|
Close of rolls
Rolls close at 8pm, seven days
after the issue of writs (section 155 of the Commonwealth Electoral
Act 1918).
|
7 |
17 |
|
Close of nominations
Nominations close at noon,
between 10 and 27 days after the issue of writs (section 156 of the Commonwealth
Electoral Act 1918).
|
10 |
37 |
|
Declaration of nominations
Nominations are publicly
declared 24 hours after nominations close (section 176 of the Commonwealth
Electoral Act 1918).
|
11 |
38 |
|
Early voting
Early voting commences five
days after the declaration of nominations (section 200D(4) of the Commonwealth
Electoral Act 1918).
|
16 |
43 |
|
Polling Day
Polling day is fixed between
23 and 31 days after the date of nominations (section 157 of the Commonwealth
Electoral Act 1918).
|
33 |
68 |
|
Return of writs
The maximum time for the
return of writs is no more than 100 days after the issue of writs (section 159
of the Commonwealth Electoral Act 1918).
|
100 |
110 |
|
Meeting of Parliament
The new Parliament meets
within 30 days of the day appointed for the return of the writs (section 5
of the Constitution).
|
130 |
140 |
Source: Adapted from the 2017 Australian Electoral
Commission Electoral Pocketbook publication,
with added updates to reflect recent legislative changes.
Note:
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