22 August 2022
PDF Version [575KB]
Dr Damon
Muller
Politics and Public Administration
This Quick Guide explains the rules for
Commonwealth election scheduling and, where applicable, the earliest and latest
possible dates it may occur. It also lists the dates for upcoming state,
territory, and local government elections.
Contents
The rules
House of Representatives election
Half-Senate election
Simultaneous half-Senate and House of
Representatives election
Double dissolution election
Next Commonwealth election
Table 1: Commonwealth elections—Next
election dates
Appendix A: Simultaneous half-Senate
and House of Representatives election possible timetables
Appendix B: Double dissolution
election possible timetables
Appendix C: The election timetable
Appendix D: upcoming elections across
all Australian jurisdictions
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 3 years from
the first meeting of the House, and no longer, but may be sooner dissolved by
the Governor-General”.
- The Constitution
(section 28) and the Commonwealth
Electoral Act 1918 (CEA) provide the following timetabling
provisions for elections (with the specific dates set out in the writ):[1]
- 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 8 pm on the seventh day after the date of the
writ (CEA,
section 155)[2]
- 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), and 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 the day after
nominations close (CEA,
section 175)
- pre-poll voting cannot begin earlier than the day that is 12 days
before polling day in the election (the Monday 2 weeks before polling day, CEA,
section 200BA)[3]
- 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 being issued
(CEA,
section 159)[4]
- following the return of the writ, the Australian Electoral
Commission (AEC), a candidate or qualified voter at that election, may lodge a
petition with the High Court acting as the Court of Disputed Returns within 40
days challenging the result of the election (CEA,
section 355; section
357) and[5]
- 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 if the writs have been returned.
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 C.
The Government, in its advice to the Governor-General, may
use this flexibility around timings to ensure that key election events avoid causing
inconvenience. For example, the writ for the 2019
federal election was timed so that electoral milestones did not occur on
public holidays.
House of Representatives election
A House of Representatives election can be requested at any
time. However, if the Government has majority support to proceed with its
legislative program, the Governor-General is highly unlikely to approve an
election within the first year of a new parliament.[6]
The latest possible date of the next election is within 68
days from the expiry of the House. As the 47th Parliament first met on Tuesday
26 July 2022, it is therefore due to expire on Friday 25 July 2025.[7]
The election for the House of Representatives must therefore be held by 27 September 2025,
the last Saturday within this 68-day period. However, elections are generally called
well before constitutionally or legally necessary.
There has been only 1 instance (in 1910) of an election
being held after a parliament expired through effluxion of time. Subsequently,
Prime Minister William McMahon has gone closest to a full-term parliament,
dissolving the House in 1972 after 2 years, 11 months and 8 days. The 41st
Parliament under Prime Minister John Howard also went close, with a term from
16 November 2004 to 17 October 2007, of 2 years, 11 months and 1 day. The
length of the 46th 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 3
years, except in the case of a simultaneous
dissolution of both Houses.[8]
Section
13 of the Constitution requires that an election be held within 1
year before the places of retiring senators become vacant. The terms of
senators for the territories coincide with the House of Representatives
elections.
There is no constitutional requirement that House of
Representatives and state senator elections be held simultaneously. However, they
are generally held together to avoid the duplication of costs and voter
inconvenience. The last time a half-Senate only election was held was in 1970.[9]
Where elections for the House of Representatives and half the Senate are 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 6-year terms of senators elected in 2019 will expire on
30 June 2025. Territory senators terms are tied to the House of
Representatives and consequently the timing of House/general elections.[10]
Therefore the next half-Senate election must be held between 1 July 2024 and 30
June 2025. However, it
is generally considered that the election period begins with the issue of
the writ. Accordingly, a half-Senate election effectively cannot be held in
July 2024, given the minimum 33 days from expiry/dissolution to polling day. So,
the earliest possible date for such an election is Saturday 3 August 2024.
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 17 May 2025.
This date allows for the maximum 100-day period between the issue of the writs (Saturday
22 March) to their return (30 June 2025) so that the elected senators could commence
on 1 July 2025.[11]
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.[12]
Simultaneous half-Senate and House of Representatives
election
As House of Representatives and half-Senate elections are
usually held together, both the earliest and latest days for an election would
be dictated by the half-Senate election. As such, the earliest date for a
simultaneous election would be Saturday, 3 August 2024 and the latest possible
date would be Saturday 17 May 2025.
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 when a 3-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.[13]
Once these conditions have been met, a double dissolution election can be
called, though not within 6 months of the expiry date (currently Friday 25 July
2025) for the House of Representatives. This means that the last possible date
for the dissolution of both houses of the current parliament is Friday 24 January
2025.
If there is a double dissolution of the Parliament on Friday
24 January 2025, the usual timetabling requirements apply.[14]
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 (24
January 2025), and the shortest times apply, polling would be on Saturday 22
February 2025.
Should the maximum times apply, the writs would have to be
issued by 8 February 2025 and the latest possible polling date for a double
dissolution election is Saturday 29 March 2025.
Next Commonwealth election
The Government usually opts for a relatively short period
between dissolving the Parliament and announcing the election and polling day.[15]
The Government also usually tries to avoid election campaigns over the Easter
period, although this occurred in both the 2019 and 2022 election periods. As
Easter Sunday is on 20 April in 2025, this may be a factor in election timing
considerations.
Table 1 sets out the earliest and latest election dates, and
possible election timetables, for the various types of elections. In
establishing the latest polling date, the maximum timetable period has been
used. The specific dates of key election milestones are set out in Appendix A
(for a simultaneous House and half-Senate election) and Appendix B (for the
latest possible double dissolution election). It should be noted that in these
appendices theoretical limits are used. For practical, political and financial
reasons, a government is unlikely to have a maximum campaign period of 68 days.
Table 1: Commonwealth elections—Next election dates
|
Last
election |
Earliest
date |
Latest
date |
Simultaneous half-Senate and
House of Representatives |
21 May 2022 |
3 August 2024 |
17 May 2025 |
House of Representatives |
|
|
27 September 2025 |
Half-Senate |
|
3 August 2024 |
17 May 2025 |
Double dissolution |
N/A |
|
29 March 2025 |
Source: Parliamentary
Library.
Appendix A:
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 2024 |
12 March 2025 |
Issue of Writs (within 10
days from expiry/ dissolution of Parliament) |
1 July 2024 |
22 March 2025 |
Close of Rolls (7 days
after issue of writs) |
8 July 2024 |
29 March 2025 |
Close of Nominations (at
12 pm not less than 10 days nor more than 27 days after the issue of writs) |
11 July 2024 |
18 April 2025 |
Declaration of Nominations
(at 12 pm 1 day after close of nominations) |
12 July 2024 |
19 April 2025 |
Pre-poll voting can begin (no
more than 12 days before polling day) |
22 July 2024 |
5 May 2025 |
Polling Day (on a
Saturday not less than 23 days or more than 31 days after the close of
nominations) |
3 August 2024 |
17 May 2025 |
Return of Writs (no more
than 100 days after the issue of the writs) |
9 October 2024 |
30 June 2025 |
Meeting of Parliament
(not later than 30 days after the date appointed for the return of the writs
but may be sooner if the writs have been returned)[16] |
15 October 2024[17] |
29 July 2025 |
Source: Parliamentary
Library.
Appendix B:
Double dissolution election possible timetables
|
Dates
for latest possible election, with a minimum election period |
Dates
for latest possible election, with a maximum election period |
Expiry/dissolution of
Parliament |
24 January 2025 |
24 January 2025 |
Issue of Writs (within 10
days from expiry/dissolution of Parliament) |
24 January 2025 |
2 February 2025 |
Close of Rolls (7 days
after issue of writs) |
31 January 2025 |
10 February 2025 |
Close of Nominations (at
12 pm not less than 10 days or more than 27 days after the issue of writs) |
2 February 2025 |
2 March 2025 |
Declaration of Nominations
(at 12 pm 1 day after close of nominations) |
3 February 2025 |
3 March 2025 |
Pre-poll voting can begin
(not less than the fifth day after the declaration of nominations) |
10 February 2025 |
17 March 2025 |
Polling Day (no
more than 12 days before polling day) |
22 February 2025 |
29 March 2025 |
Return of Writs (no more
than 100 days after the issue of the writs) |
4 May 2025 |
14 May 2025 |
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) |
6 May 2025 |
10 June 2025[18] |
Note that the terms of the
new senators will be backdated to begin on the 1 July previous to the election.
Source: Parliamentary Library.
Appendix C: The election timetable
|
Minimum
# of days |
Maximum
# of days |
Expiry or dissolution of
Parliament The House of Representatives
expires 3 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, 7 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 must not commence
earlier than the day that is 12 days before polling day in the election (section 200BA(1AA)
of the Commonwealth Electoral Act 1918). |
21 |
56 |
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 2019 Australian Electoral
Commission Electoral Pocketbook publication,
with added updates to reflect recent legislative changes.
Appendix D: upcoming elections
across all Australian jurisdictions
Election date (actual or due) |
Jurisdiction and type of
election |
2022 |
|
25 October |
Tasmania
(local)[19] |
10 November |
South Australia
(local) |
26 November |
Victoria
(state) |
2023 |
|
25 March |
New
South Wales (state) |
7 May |
Tasmania (state upper house)[20] |
21 October |
Western Australia
(local)[21] |
2024 |
|
30 March |
Queensland (local)[22] |
4 May |
Tasmania (state upper house) |
3 August |
Earliest possible date for
simultaneous half-Senate and House of Representatives (not fixed) |
24 August |
Northern Territory (territory)[23] |
14 September |
New South Wales (local)[24] |
19 October |
Australian
Capital Territory[25] |
26 October |
Queensland (state)[26] |
|
Victoria
(local)[27] |
2025 |
|
8 March 2025 |
Western Australia
(state) |
3 May |
Tasmania (state upper house) |
17 May |
Latest possible date for
simultaneous half-Senate and House of Representatives (not fixed) |
Mid-2025 |
Tasmania (state lower house;
term not fixed)[28] |
23 August |
Northern Territory (local)[29] |
18 October 2025 |
Western Australia (local) |
2026 |
|
28 March |
South Australia (state)[30] |
2 May |
Tasmania (state upper house) |
27 October |
Tasmania (local) |
12 November |
South Australia (local)[31] |
28 November |
Victoria (state)[32] |
2027 |
|
27 March |
New South Wales (state)[33] |
16 October |
Western Australia (local) |
Note that dates of specific electoral events may change.
Source: Compiled by the parliamentary Library
[1].
The writ is an instruction to the Electoral Commissioner to hold an election.
It is issued by either the Governor-General (for an election of all House of
Representatives seats and the senators for the territories), by a state
governor (for Senate elections for a state), or by the Speaker of the House of
Representatives (for a by-election).
[2].
The
8pm deadline for close of rolls is established in the requirements for lodging
claims for enrolment under the following provisions: Commonwealth
Electoral Act 1918, sections 94A(4)(a),
95(4)(a), 96(4)(a), 99B(2)(c)(ii), 102(4)(a)(i),
103A(5)(a), 103B(5)(a) and 118(5)(a).
[3].
CEA subsection 200BA(1AA); the commencement of pre-poll voting was
changed from the fifth day after the date of nominations to 12 days before the
election by the Electoral
Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Act
2021, which came into effect on 3 September 2021.
[4].
Section 286 of the CEA allows the Governor-General or respective state
governor to extend the time for holding the election or for returning the writ.
[5].
The decision by the High Court of Australia in Alley v Gillespie (2018)
353 ALR 1, [2018]
HCA 11 made it clear that the qualification of a member to sit in
parliament could only be challenged in the Court of Disputed Returns either by
a referral by the respective Chamber or by a petition under sections 355 or 357
of the CEA.
[6].
House
of Representatives practice notes that ‘While the decision to
dissolve the House may be made by the Governor-General, the decision to call a
general election may only be made on and with the advice of the Executive
Council, that is, the Government’.
[7].
This date has been calculated based on the 3-year period in section 28 of the
Constitution including the first day on which the House sat on 26 July
2022.
[8].
This has occurred 7 times since Federation, most recently in 2016.
[9].
With the exception of the stand-alone 2014 Western Australian Senate
election, required due to the voiding of the 2013 Senate election in the state
by the Court of Disputed Returns following the loss of ballot papers.
[10].
CEA section 115.
[11].
Calculated as 30 June 2025 minus 100 days (22 March 2025) for the last date
for the issue of the writ, plus the last Saturday within the next 58 days as
the maximum period between the issue of the writ and election day.
[12]. In 2019, there
was some
debate as to how late the election could be held before the new senators
took their place.
[13].
A critical consideration is the date from which the 3-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 3-month interval commences on the date the Senate rejects
or fails to pass the Bill. The High Court has not determined as to the
commencement of the 3-month period in which the Senate passes a Bill with
amendments ‘to which the House will not agree’.
[14].
The Australia Day public holiday on Monday 27 January 2025 should not affect
the election timing.
[15].
Notwithstanding the 2016 double dissolution election campaign, which lasted 54
days.
[16].
The first meeting of Parliament following an election is usually a Tuesday
(see House
of Representatives practice) .
[17]. Parliament can
meet as soon as the writs have been returned.
[18]. Although
technically Friday 13 June 2025, it would more likely be on Tuesday 10 June
2025; see footnote 16 above.
[19].
Tasmanian local government election polls close on the last Tuesday
in October unless otherwise determined by the Governor.
[20].
Tasmanian Legislative Council elections are held on the first Saturday in
May each year for either 2 or 3 members.
[21].
Western Australian local government elections are held on the third Saturday in
October every 2 years.
[22].
Queensland local government elections are held every 4 years on the last Saturday in March,
unless changed by regulation.
[23].
Northern Territory elections occur on the fourth
Saturday in August every 4 years.
[24].
NSW local government elections are held on the second
Saturday in September every 4 years.
[25].
ACT Legislative Assembly elections are held on the third
Saturday in October every 4 years.
[26].
Section 19B of the Constitution
of Queensland requires elections be held on last Saturday in October in
the fourth calendar year after the calendar year in which the last general
election was held (unless various other specific circumstances eventuate).
[27].
Victorian local government elections are held on the fourth
Saturday in October every 4 years.
[28].
The Tasmanian House of Assembly continues for 4
years after the previous return of the writ, which was on 13 May 2021.
[29].
Northern Territory local government elections are held on the fourth
Saturday in August 4 years after the previous election.
[30].
South Australian state elections are held on the third Saturday in March every 4
years.
[31].
South Australian local government elections are held every 4 years.
[32].
Victorian state elections are held on the last Saturday
in November every 4 years.
[33].
NSW state elections are held on the fourth
Saturday in March following the Legislative Assembly’s 4-year term expiry.
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