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Parliament name Parliament of the Commonwealth of Australia More photos  >>> Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate Affiliation to the IPU Yes Affiliation date(s) 1913 - 1930 1956 - LEADERSHIP President Peter Slipper (M)  Secretary General Bernard Wright (M)  Notes 5 Dec. 2009 - COMPOSITION Members (statutory / current number) 150 / 150 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 37 (24.67%) Mode of designation directly elected 150 Term 3 years Last renewal dates 21 August 2010 (View details) CONTACT INFORMATION Address House of Representatives Parliament House CANBERRA, A.C.T. 2600 (Export mailing lists) Phone (612) 6277 21 58 Fax (612) 6277 20 00 E-mail Andrew.Templeton.Reps@aph.gov.au icro@aph.gov.au Website http://www.aph.gov.au/

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate LEGAL FRAMEWORK Electoral law 1 January 1918 Last amendment: 16/12/1995 Mode of designation directly elected 150 Constituencies - 148 single-member constituencies spread among the 6 states and 2 territories of Australia according to population Voting system Majority: Direct preferential majority vote. Under this system, members of the House - one for each electoral division - are elected by an absolute majority of the votes cast. Voters are required to express a preference among all the candidates contesting the same seat. A candidate is elected if he/she gains an absolute majority or 50% + 1 vote. If none of the candidates in a division obtains an absolute majority of the first preference votes, a second round of counting is held. At this point, the candidate with the least number of votes is eliminated and the votes which he/she obtained in the first round are redistributed among the remaining candidates on the basis of the electors' second choices. This procedure is repeated until such time as one of the candidates obtains an absolute majority. Vacancies arising between general elections are filled through by-elections. Voting is compulsory, unwarranted abstention punishable by fine. Voter requirements - age: 18 years - Australian citizen or British subject registered on the Commonwealth Electoral Roll on 25 January 1984 - disqualifications: holders of temporary entry permits, prohibited immigrants, conviction for treason, insanity, persons serving a sentence of three years or more CANDIDATES Eligibility Qualified electors - age: 18 years - Australian citizenship - ineligibility: undischarged bankruptcy, conviction for treason, allegiance to a foreign State, conviction for an offence punishable by imprisonment of one year or more, conviction for bribery within preceding two years Incompatibilities - membership of a state or territory legislature or of the other House of Parliament - holders of an office of profit or pension payable out of public funds (except Ministers and members of the armed forces) - officers of the Electoral Commission - unless excepted, person with any financial interest in an agreement with the Government Candidacy requirements - nomination by six qualified electors of the constituency concerned or a registered political party - payment of A$ 350, reimbursed to any candidate obtaining at least 4% of first preference votes

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate BACKGROUND Dates of election / renewal (from/to) 21 August 2010 Timing and scope of renewal Elections were held for all the seats in the House of Representatives following an early dissolution of this body on 19 July 2010. Elections to the House of Representatives had previously taken place in November 2007. At stake in the August 2010 elections were all 150 seats in the House of Representatives and 40 of the 70 seats in the Senate (see note). Elections were constitutionally due by November 2010. They were the first to be held under Prime Minister Julia Gillard, who had succeeded Mr. Kevin Rudd two months earlier. In the previous elections held in November 2007, the Australian Labor Party (ALP) of Mr. Rudd - who had promised to ratify the Kyoto Protocol and cut carbon emissions by 60 per cent by 2050 - took 83 of the 150 seats in the House of Representatives and 18 of the 40 Senate seats up for renewal. The Liberal Party of the then Prime Minister John Howard took 55 and 15 seats respectively. In December, Mr. Rudd was sworn in as new Prime Minister alongside the Deputy Prime Minister, Ms. Gillard, who became the first woman to hold the post. Mr. Rudd initially enjoyed high popularity. However, his popularity dwindled in April 2010 after he shelved plans for a carbon emissions trading scheme. In May 2010, he proposed a 40-per-cent tax on mining profits from July 2012. He argued that the tax would bring in AU$ 12 billion in the first two years, which would be necessary to provide a better welfare system for the country's ageing population. The mining companies criticized the tax plan, insisting that it would make them uncompetitive and result in job cuts. Mr. Rudd's leadership was challenged within the ALP, and Ms. Gillard became party leader and acceded to the post of Prime Minister on 24 June 2010. She became the first woman Prime Minister of Australia. On 17 July, after only one month in office, she announced that the country would hold elections on 21 August. On 19 July, Governor-General Quentin Bryce dissolved the House of Representatives in view of the polls. The 2010 elections were the first federal elections to be held under the new leaders of the ALP and the Liberal Party, Ms. Gillard and Mr. Abbott. The latter led the Liberal-National coalition comprising the Liberal Party, the Liberal National Party of Queensland (LNP, officially established in July 2008), the National Party and the County Liberal Party. The major issues in 2010 were the budget, taxes and immigration. Prime Minister Gillard (ALP) pledged to move the country forward "with budget surpluses and a stronger economy" by creating jobs, improving health care, tackling climate change and strengthening border protection. Liberal leader Abbott pledged to "stand up for Australia" and "for real action" so as to "end the waste, repay the debt, stop the new taxes and stop the boats". The ALP promised a stimulus spending package of AU$ 54 billion, mostly on schools, roads, ports and railways. It promised to achieve budget surpluses of AU$ 3.5 billion in 2012-13 and AU$ 4.5 billion in 2013-2014. The Liberal-National coalition promised to cut the government debt by 35 per cent, or AU$ 30.2 billion, over four years, so as to produce an AU$ 6.2 billion budget surplus by 2012-13 and AU$ 7.3 billion the following year. Regarding the mining tax, the ALP promised to introduce a 30-per-cent tax on coal and iron ore miners from 2012 to raise AU$ 10.5 billion whereas the Greens of Mr. Bob Brown advocated for a higher mining tax to raise AU$ 12.5 billion. The Liberal-National coalition, however, opposed the mining tax, arguing that it would make Australian companies uncompetitive. The ALP pledged to reduce corporate tax from the current 30 per cent to 29 per cent from 2012 or 2013 for small firms and from 2013 or 2014 for big firms. The Liberal-National coalition proposed a 28.5 per cent tax for all firms starting from July 2013. Both the ALP and the Liberal-National coalition promised to work on reducing the number of asylum-seekers reaching the country's shores. The ALP proposed to open a temporary regional asylum-processing centre in Timor-Leste, which the Liberal-National coalition qualified as unrealistic. Due to the high popularity of the new Prime Minister, the ALP initially had a lead over the Liberal-National coalition. However, during the election campaign, several ALP members revealed that Ms. Gillard had opposed a pension rise and a paid parental leave scheme while she was Deputy Prime Minister. Those revelations reportedly triggered a sharp decline in her popularity and in the ALP's ratings in the run-up to the polls. As voting is compulsory, turnout is traditionally high in Australia. In all, 93 per cent of the 14 million registered voters turned out at the polls. The 2010 elections resulted in the first "hung parliament" since 1940, whereby no party secured a majority in the House of Representatives. The Liberal-National coalition took 73 seats, one more than the ALP. Four independent members were elected while the Greens took one seat. In the Senate race, the Liberal-National coalition took 18 seats, three more than the ALP, while the Greens took six seats. Once the newly elected senators are sworn in in July 2011, the Liberal-National coalition will hold 34 seats, three more than the ALP. Neither the ALP nor the Liberal-National coalition conceded defeat. On 7 September, Ms. Gillard announced that her ALP would form a minority government with the support of the Greens and three independent members. On 28 September, the newly elected House of Representatives held its first session and re-elected Mr. Harry Jenkins (ALP) as its Speaker. On 4 July 2011, the newly elected Senators joined the remaining members whose terms were not up for the 2010 renewal. They re-elected Mr. John Hogg (ALP) as Senate President. Note: Elections were held for 36 state senators (six each for the country's six states) and four territory senators (two each from the Australian Capital Territory and the Northern Territory), who will serve a six-year term from 1 July 2011. Their term commences on election day and expires the day before the next general elections to the House of Representatives. STATISTICS Voter turnout Round no 1 21 August 2010 Number of registered electors Voters Blank or invalid ballot papers Valid votes 14'086'869 13'131'667 (93.22%) Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Australian Labor Party (ALP) Liberal Party Liberal National Party of Queensland The Nationals Independents Greens Country Liberal Party (CLP) Distribution of seats Round no 1 Political Group Total of seats Number of women Australian Labor Party (ALP) 72 23 Liberal Party 44 11 Liberal National Party of Queensland 21 3 The Nationals 7 0 Independents 4 0 Greens 1 0 Country Liberal Party (CLP) 1 0 Distribution of seats according to sex Men Women Percent of women 113 37 24.67% Distribution of seats according to age Distribution of seats according to profession Comments Sources: - http://www.aph.gov.au/house/members/index.htm - http://results.aec.gov.au/15508/Website/HouseTurnoutByState-15508.htm - http://vtr.aec.gov.au/

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate APPOINTMENT AND TERM OF OFFICE Title Speaker of the House of Representatives Term - duration: 3 years (term of House) - reasons for interruption of the term: death, dissolution of the House, loss of mandate as Representative, removal from office by a vote of the House, resignation Appointment - elected by all Members present in the House - election is held at the beginning of the first sitting of the newly elected House - after the return of the election writs has been announced in the House and after Members have been sworn in Eligibility - any Member of the HR present at the moment of election may be candidate - the Clerk calls orally for nominations of candidates. Each motion must be seconded and each candidate must inform the House whether he/she accepts the nomination - the former Speaker, if re-elected as a Member, may seek re-election as Speaker. The practice over years when the governing party has been returned to office following a general election has been to renominate as Speaker the former Speaker Voting system - if there is more than 1 candidate, a formal vote by secret ballot is held - a candidate must obtain the majority of the votes of the Members present. Each Member of the House writes the name of the candidate he/she prefers on the ballot - if there are 2 candidates, only one round of voting is held. If there are more than 2 candidates and if no candidate obtains the majority at the first round, additional rounds are held. No new candidates are admitted between rounds. If no candidate obtains the majority, the candidate with the smallest number of votes is excluded. The process is repeated until one candidate obtains the majority Procedures / results - the Clerk presides over the House during the voting - if there is only one candidate nominated, the Clerk immediately declares that Member elected - if there are more candidates, the Clerk counts the votes - the Clerk announces the results without any delay - the result cannot be challenged STATUS Status - ranks after the Governor General, Governors of the Australian States, Prime Minister, the Premiers/Chief Ministers of his/her own State/Territory. - the most senior presiding officer (by date of appointment) has precedence over the presiding officer of the other House. If both are elected on the same date, the President of the Senate has precedence. - for joint sittings of the Houses, Presidents agree on rules for the conduct of the sittings - represents the House in its relations with other persons outside the House and organisations - is ex officio member of the Historic Memorials Committee - may represent the House in international bodies - is ex officio President of the House Committee and the Library Committee of the HR, of the joint Committee on the Broadcasting of the Parliamentary Proceedings - together with the President of the Senate, is joint President of the Commonwealth of Australia Branch of the Commonwealth Parliamentary Association and of the Australian Inter-Parliamentary Group of the IPU - in the absence of the Speaker, the Deputy Speaker or the Second Deputy Speaker can assume his/her role and functions as Acting Speaker. If all three are absent, one of the Members present is elected to act as Speaker or the sitting is adjourned. Board Material facilities - taxable salary (A$ 75,949/year) as a Member of Parliament - electorate allowance based on the size of the constituency (C) (A$ 24,558/year if C >2000 Square Kilometres (SK) - A$ 29,202 if 2000 SK< C< 5000 SK - A$ 35,611/year if C> 5000 SK - salary of office of A$ 55,277/year - three support staff (as a Member of Parliament) plus a Senior Adviser, 2 Advisers, 2 Assistant Advisers, 2 Personal Secretaries - access to postal and telephone service in connection with his duties - official car FUNCTIONS Organization of parliamentary business - may convene sessions - examines the admissibility of bills and amendments - may refer texts to a committee for study Chairing of public sittings - opens, adjourns and closes sittings - interprets and enforces Standing Orders - makes announcements concerning the House - takes disciplinary measures in the event of disturbance, and lifts such measures - gives and withdraws permission to speak - may establish the order in which amendments are taken up - calls for a vote, verifies the voting procedure - checks the quorum at the request of a Member of the House - interprets the rules or other regulations governing the life of the House, if necessary by referring to precedents - may give the floor outside the agenda, provided it does not develop into debates Special powers - is responsible for establishing the Chamber's budget with the assistance of the Clerk - can create, abolish, and reclassify all positions - recommends candidates for the office of Clerk - organises the services of Parliament - is responsible for relations with foreign Parliaments, together with the President of the Senate - is responsible for safety and, in this capacity, can call the police in the event of disturbance in the Chamber Speaking and voting rights, other functions - takes the floor in legislative debates in exceptional cases - provides guidelines for the interpretation or completion of the text under discussion in relation to procedural handling - takes part in voting only if numbers of votes are equal - proposes exceptionally bills or amendments - intervenes in the parliamentary oversight procedure

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name House of Representatives Related chamber (for bicameral parliaments) Senate NATURE Nature of the mandate · Free representation Start of the mandate · On the day of the election Validation of mandates · No validation, except in case of challenge by parliamentary election petitions ((in)validation by the Court of Disputed Returns) or in case of legal disabilities ((in)validation by the House of Representatives; S. 47 of the Constitution as altered to 30.04. 1991). See also Loss of mandate. · Procedure End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (S. 5 and 28 of the Constitution), with the exception of the Speaker who continues in office until a new one is chosen in the new Parliament Can MPs resign? Yes · Yes, of their own free will (S. 37 of the Constitution) · Procedure (S. 37 of the Constitution) · Authority competent to accept the resignation: the Speaker or the Governor-General Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter: - Disqualification for membership by the House of Representatives (S. 47 of the Constitution) (b) Loss of mandate by judicial decision: - Election petitions (c) Loss of mandate for not attending sessions of Parliament (S. 38 of the Constitution) (d) Loss of mandate for incapabilities (S. 43 to 45 of the Constitution) STATUS OF MEMBERS Rank in hierarchy · Within Parliament: 1. The Speaker 2. Other MPs in accordance with position and seniority · Outside Parliament: the official order of precedence ranks the Speaker of the House of Representatives in the 5th position (with the President of the Senate; precedence has who is appointed first, or, if they are appointed at the same time, the President of the Senate) and the other MPs in the 20th position. Indemnities, facilities and services · The Speaker, the Leader of the Opposition and one senior staff member of each hold diplomatic passports, the other MPs hold official passports. · Basic salary: $ AUS 106,770 per annum (as of 1 July 2004) + Electorate Allowance: depending on the size of the electorate + Additional allowances for office holders · No exemption from tax for basic salary and additional allowances. Electorate Allowances are tax exempt where there is evidence of appropriate expenditure. · Pension scheme · Other facilities: (a) Secretariat (b) Assistants (c) Use of cars (d) Security guards (e) Postal and telephone services (f) Travel and transport Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist (called "parliamentary privilege"; S. 49 of the Constitution in relation with Art. IX of the UK Bill of Rights of 1689; S. 50 of the Constitution in relation with the Parliamentary Privileges Act 1987). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offences against a House (breach of the privileges or immunities, or contempt of a House, of the Members or committees; S. 4 and 6 of the Parliamentary Privileges Act 1987)/use of Queen's, Governor-General's or Governor's name, offensive words, personal reflections (SO 74 to 76 of the Standing and Sessional Orders) (for both, see Discipline)/sub judice convention · Non-accountability is in effect during proceedings of Parliament and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during proceedings of Parliament. Parliamentary immunity - parliamentary inviolability · The concept does exist (called "parliamentary privilege"; S. 50 of the Constitution in relation with S. 14 of the Parliamentary Privileges Act 1987 and the Jury Exemption Act 1965). · It applies only to civil proceedings, covers all offences, but protects MPs only from arrest and imprisonment. It also includes the exemption from compulsory attendance in a court or tribunal, and the exemption from service as a juror. · No derogations are foreseen. · Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal during House or committee meetings and 5 days before and 5 days after those meetings. · Protection is provided from 5 days before the House or committee is meeting until 5 days after the meeting (S. 14 of the Parliamen-tary Privileges Act 1987). Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election. However, those proceedings would proceed subject to the immunities specified above. · Parliamentary immunity (inviolability) cannot be lifted. · Parliament cannot subject the prosecution and/or detention to certain conditions. However, by convention the House must be informed of the arrest of a Member on criminal charges. · Parliament cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars and briefing sessions. · It is provided by the Department of the House of Representatives. Assistance to their members is provided by political parties. · Handbooks of parliamentary procedure: - House of Representatives Practice (3rd edition) Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings. But if MPs are absent without leave for two consecutive months at plenary sessions they are penalised (see Loss of mandate for not attending sessions of Parliament). · Penalties foreseen in case of failure to fulfil this obligation: forfeiture of mandate Discipline · The rules governing discipline within Parliament are contained in SO 74 to 78, 303 to 309 and 311 of the Standing and Sessional Orders, in the Parliamentary Privileges Act 1987, and in customary law. · Disciplinary measures foreseen: - Call to order - Naming and suspension (SO 303, 304, 305, and 307 of the Standing and Sessional Orders) - Order to withdraw for one hour, eventually with naming and suspension (SO 304A, 305, and 307 of the Standing and Sessional Orders) - Order to withdraw immediately, with naming and suspension (SO 306 and 307 of the Standing and Sessional Orders) - Order to attend (SO 309 of the Standing and Sessional Orders) - Arrest into the custody of the Serjeant-at-Arms (SO 311 of the Standing and Sessional Orders) - Suspension of the sitting or adjournment of the House (SO 308 of the Standing and Sessional Orders) · Specific cases: - Offences against a House (breach of the privileges or immunities, or contempt of a House, of the Members or committees; S. 4 and 6 of the Parliamentary Privileges Act 1987): fine or imprisonment - Use of Queen's, Governor-General's or Governor's name; offensive words; personal reflections (SO 74 to 76 of the Standing and Sessional Orders): intervention of the Speaker · Competent body to judge such cases/to apply penalties: - Call to order/naming/order to withdraw for one hour/order to withdraw immediately/order to attend/suspension of the sitting or adjournment of the House/use of Queen's, Governor-General's or Governor's name; offensive words; personal reflections: the Speaker - Arrest into the custody of the Serjeant-at-Arms : the Speaker, the House - Suspension/offences against a House: the House · Procedure: - Call to order - Naming and suspension (SO 303, 304, 305, and 307 of the Standing and Sessional Orders) - Order to withdraw for one hour, eventually with naming and suspension (SO 304A, 305, and 307 of the Standing and Sessional Orders) - Order to withdraw immediately, with naming and suspension (SO 304, 305, 306 and 307 of the Standing and Sessional Orders) - Order to attend (SO 309 of the Standing and Sessional Orders) - Arrest into the custody of the Serjeant-at-Arms (SO 311 of the Standing and Sessional Orders) - Suspension of the sitting or adjournment of the House (SO 308 of the Standing and Sessional Orders) - Offences against a House (S. 7 of the Parliamentary Privilege Act 1987) - Use of Queen's, Governor-General's or Governor's name; offensive words; personal reflections (SO 77 to 78, 303, 304, 305, and 307 of the Standing and Sessional Orders) Code (rules) of conduct · This concept does not exist in the country's juridical system, but there are some relevant provisions (S. 44 (iv.) and (v.), and S. 45 (iii.) of the Constitution, Commonwealth Crimes Act, S. 326 and 327 of the Electoral Act). For the Declaration of interests, see Obligation to declare personal assets. For offences against a House, see Disciplinary measures. · Penalties foreseen for violation of the code of conduct: - Loss of mandate (S. 44 (iv.) and (v.), and S. 45 (iii.) of the Constitution; office of profit under the Crown/pecuniary interests in agreements with the Public Service of the Commonwealth/fees for services rendered) - Imprisonment for two years and loss of mandate (Commonwealth Crimes Act in relation with S. 44 (ii.) of the Constitution/S. 326 and 327 of the Electoral Act in relation with S. 44 (ii.) of the Constitution) · Competent body to judge such cases/to impose penalties: - Imprisonment: competent court - Loss of mandate: no body necessary; in controversial cases the House or the Court of Disputed Returns · Procedure: - Loss of mandate (S. 44 (iv.) and (v.), and S. 45 (iii.) of the Constitution) - Imprisonment for two years and loss of mandate (Commonwealth Crimes Act in relation with S. 44 (ii.) of the Constitution) - Imprisonment for two years and loss of mandate (S. 326 and 327 of the Electoral Act in relation with S. 44 (ii.) of the Constitution) Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 11 May 2012
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