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Parliament name Parliament of the Commonwealth of Australia More photos  >>> Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives Affiliation to the IPU Yes Affiliation date(s) 1913 - 1930 1956 - LEADERSHIP President John Hogg (M)  Notes Elected on 26 Aug. 2008, re-elected on 4 Jul. 2011. Secretary General Rosemary Laing (F)  Notes 5 Dec. 2009 - COMPOSITION Members (statutory / current number) 76 / 76 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 29 (38.16%) Mode of designation directly elected 76 Term 6 years, continuous but rotating. One half renewed every 3 years, except for the 4 senators representing the federal territories, who are elected for a maximum of 3 years. Last renewal dates 21 August 2010 (View details) CONTACT INFORMATION Address The Senate Parliament House CANBERRA, A.C.T. 2600 (Export mailing lists) Phone (612) 6277 71 11 Fax (612) 6277 31 99 E-mail clerk.sen@aph.gov.au Website http://www.aph.gov.au/

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives LEGAL FRAMEWORK Electoral law 1 January 1918 Last amendments: 15/06/1995, 16/12/1995 Mode of designation directly elected 76 Constituencies - 6 multi-member (12 seats) constituencies corresponding to the states - 2 multi-member (2 seats) constituencies corresponding to the federal territories Voting system Proportional: Single-transferable-vote. Under this system, each elector indicates an order of preference among all the candidates of the constituency; he/she may alternatively indicate support for the registered order of preference of a party or group of candidates. Once the number of first preference votes obtained by each candidate has been recorded, an electoral quota for the state or territory is determined by dividing the total number of votes by one more than the number of seats to be filled and increasing by one the result so arrived at. Any candidate who receives the established quota of votes is declared elected. Senate candidates receiving votes in excess of the quota have their surplus votes distributed (at a discount), according to their electors' ranking of preferences. If all the positions are not filled by candidates obtaining quotas by this means, then the next preferences of the voters for the least successful candidates are distributed, until all vacancies are filled by candidates obtaining quotas. The final result is a constituency with several candidates elected, each representing a proportion or quota of the total vote. Vacancies are filled by selection of a person of the same political party by a joint sitting of the houses of parliament of the state or territory concerned. Voting is compulsory. Unwarranted abstention is punishable by fine. Voter requirements - At least 18 years old - Australian citizen or British subject registered on the Commonwealth Electoral Roll on 25 January 1984 Disqualifications: People of unsound mind, or with conviction for treason, or prisoners serving a sentence of five years or more, are ineligible to vote. CANDIDATES Eligibility - Qualified electors - At least 18 years old - Australian citizenship Incompatibilities - A member of the House of Representatives, or a state or territory legislature - A citizen or subject of a foreign power - A person convicted of an offence punishable by a sentence of 12 months or more - An undischarged bankrupt - A holder of an office of profit or pension payable out of public funds - A government contractor Candidacy requirements - nomination by 50 qualified electors or a registered officer of the party that is endorsing the candidate - payment of A$ 700, reimbursed to any candidate who obtains at least 4% of first preference votes or who is in a group of candidates securing this same percentage

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives BACKGROUND Dates of election / renewal (from/to) 21 August 2010 Timing and scope of renewal Early elections were held for one-half of the Senators. Elections to the Senate 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 13'217'393 (93.83%) Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Australian Labor Party (ALP) Liberal Party Australian Greens The Nationals - Country Liberal Party (CLP) Democrat Labor Party Independents Family First Party Distribution of seats Round no 1 Political Group Total of seats Seats Nov. 2010 Seats July 2011 Australian Labor Party (ALP) 15 32 31 Liberal Party 15 32 29 Australian Greens 6 5 9 The Nationals - Country Liberal Party (CLP) 3 5 5 Democrat Labor Party 1 0 1 Independents 0 1 1 Family First Party 0 1 0 Distribution of seats according to sex Men Women Percent of women 25 15 37.50% Distribution of seats according to age Distribution of seats according to profession Comments Note on the distribution of seats: - The figures under "Total" refer to the number of members elected when the Senate was partially renewed (40 seats) in August 2010. Those members will be sworn in in July 2011. - The figures under "Seats Nov. 2010" show the composition of the Senate in November 2010 when the Senate held its first session after the 2010 elections. They include outgoing senators elected in 2004. - The figures under "Seats July 2011" include the members elected in August 2010. Note on the "Distribution of seats according to sex": The "Distribution of seats according to sex" above shows the breakdown for the senators elected in 2010: 15 women of 40 senators, or 37.50%. As at November 2010, 27 of the 76 members of the Senate including outgoing senators elected in 2004 were women. The total number of women in the Senate will be increased to 30 after July 2011. Sources: Senate (23.11.2010, 04.01.2012) http://results.aec.gov.au/15508/Website/SenateSenatorsElected-15508-NAT.htm http://results.aec.gov.au/15508/Website/SenateTurnoutByState-15508.htm

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives APPOINTMENT AND TERM OF OFFICE Title President of the Senate Term - duration: 3 years - reasons for interruption of the term: death, resignation, end of term as a Senator Appointment - elected by the Senate - election takes place after newly elected Senators take their seats or whenever the office becomes vacant - election is held after newly elected Senators are sworn in Eligibility - any Senator may be candidate - nominations are received from the floor Voting system - elected by secret ballot and absolute majority of the votes cast Procedures / results - the Clerk presides over the Senate during the voting - the Clerk supervises the voting with the assistance of Senators appointed as scrutineers and counts the votes - the Clerk announces the results without any delay - the result can only be challenged by the Senate STATUS Status - ranks third or fourth after the Head of State, depending on the seniority between the Presidents of both Houses - 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, the presiding officer is determined by rules as agreed in advance by each House. - represents the Senate with the public authorities - is ex officio Chairman of one committee but is ex officio member of other committees - in the absence of the President, the Vice-President performs his/her duties Board Material facilities - remuneration as Senator - other allowances - office - support staff - official car FUNCTIONS Organization of parliamentary business - convenes sessions at the request of the Government or a majority of Senators - organizes the debates and sets speaking time - examines the admissibility of bills and amendments Chairing of public sittings - opens, adjourns and closes sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Senate - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up and then any amendment may be debated - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - checks the quorum at the request of a Senator - interprets the rules or other regulations governing the life of the Senate, if necessary by referring to precedents Special powers - is responsible for establishing the Senate's budget - approves the appointment of staff - recommends the appointment of the Clerk to the Governor General - organizes the services of Parliament - represents the Senate in relations with foreign Parliaments - 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 - may take the floor in legislative debates, but by convention, does not do so - provides guidelines for the interpretation or completion of the text under discussion - takes part in voting - may propose bills or amendments, but by convention, does not do so - intervenes in the parliamentary oversight procedure - continues to perform his/her duties between sessions and may call a session at the request of the Government or a majority of Senators

Parliament name Parliament of the Commonwealth of Australia Structure of parliament Bicameral Chamber name Senate Related chamber (for bicameral parliaments) House of Representatives NATURE Nature of the mandate · Free representation Start of the mandate · On 01.07. following the periodic election (Senators from the states), or on the day of the election (Senators from the territories). Following a simultaneous dissolution, Senators elected at a subsequent election take office from the day of the election. Vacancies. 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 Senate; S. 47 of the Constitution as altered to 30.04. 1991, SO 207 of the Standing Orders and Other Orders of the Senate). See also Loss of mandate. · Procedure End of the mandate · At midnight before the sixth anniversary of taking office (30.07.) (Senators from the states), or at midnight of the day preceding a general election for the House of Representatives (Senators from the territories). In the case of a simultaneous dissolution, on the day of early dissolution. Vacancies. Can MPs resign? Yes · Yes, of their own free will (S. 19 of the Constitution) · Procedure (S. 19 of the Constitution) · Authority competent to accept the resignation: the President or the Governor-General Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter: - Disqualification for membership by the Senate (S. 47 of the Australian Constitution, SO 207 of the Standing Orders and Other Orders of the Senate) (b) Loss of mandate by judicial decision: - Election petitions (c) Loss of mandate for not attending sessions of Parliament (S. 20 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 President of the Senate 2. Other MPs in accordance with seniority (period of continuous service as Senators) · Outside Parliament: the official order of precedence ranks the President of the Senate in the 5th position (with the Speaker of the House of Representatives; 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 President of the Senate holds a diplomatic passport, the other Senators hold official passports. · Basic salary (Remuneration and Allowances Act 1990): $ AUS 81,856 gross per year + Electorate Allowance (Remuneration Tribunal Determination 1998/1): $ AUS 26,467 gross per year + Salary of office: depending on office · No exemption from tax. Tax rebates can be claimed for the Electorate Allowance to the extent that expenditure can be accounted for by receipts to the Australian Taxation Office. · Pension scheme · Other facilities: (a) Secretariat (b) Assistants (c) Official car (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; 11 Privilege Resolutions of the Senate of 25.02.1988). · 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, Privilege Resolutions 3, 6, and 8)/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 193 (2) and (3) of the Standing Orders and Other Orders of the Senate)/ Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech (for all three, 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 Senators 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 Senators from being called as witnesses before a judge or tribunal during Senate or committee meetings and 5 days before and 5 days after those meetings. Moreover, a Senator who is involved in recording the proceedings of the Senate or a committee, may not give evidence elsewhere in respect of these proceedings without the permission of the Senate, or, if the President is authorised to do so, of the President (SO 183 of the Standing Orders and Other Orders of the Senate). · Protection is provided from 5 days before the House or committee is meeting until 5 days after the meeting (S. 14 of the Parliamentary Privileges Act 1987; see also Senate Resolution of 22.10.1984 J. 1276). Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against Senators 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, the President of the Senate has to be notified of the fact and cause of the Senator's arrest (Senate Resolution of 18.03.1987 J. 1693). See also Privilege Resolution 6 (6). · Parliament cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the Senators 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 Senators. It consists of addresses by experienced Senators, and officers of the Senate. · It is co-ordinated by the Procedure Office of the Department of the Senate. Political parties also arrange training programmes. · Handbooks of parliamentary procedure: - Odgers' Australian Senate Practice (8th ed., Canberra, AGPS, 1997, edited by Harry Evans, Clerk of the Senate) Participation in the work of the Parliament · It is not compulsory for Senators to be present at plenary sittings or committee meetings. But if Senators 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 184 to 206 of the Standing Orders and Other Orders of the Senate, in the Parliamentary Privileges Act 1987, in the 11 Privilege Resolutions, and in customary law. · Disciplinary measures foreseen: - Order to discontinue a speech (SO 196 of the Standing Orders and Other Orders of the Senate) - Report that the Senator has committed an offence (SO 203 (1) and (2) of the Standing Orders and Other Orders of the Senate) - Order to make an explanation or apology (SO 203 (3) of the Standing Orders and Other Orders of the Senate) - Suspension from the sitting (SO 203 (3) and 204 of the Standing Orders and Other Orders of the Senate) - Intervention to prevent a quarrel (SO 205 of the Standing Orders and Other Orders of the Senate) - Order to attend the Senate and custody (SO 206 of the Standing Orders and Other Orders of the Senate) · Specific cases: - Offences against the Senate (SO 203 of the Standing Orders and Other Orders of the Senate)/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 193 (2) and (3) of the Standing Orders and Other Orders of the Senate): report that the Senator has committed an offence; order to make an explanation or apology; suspension from the sitting - Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech: call to attention; publication of responses of persons adversely affected - Offences against a House (breach of the privileges or immunities, or contempt of a House, of the Members or committees; S. 4, 6 and 7 of the Parliamentary Privileges Act 1987, Privilege Resolutions 3 and 6): fine or imprisonment - Misconduct: censure · Competent body to judge such cases/to apply penalties: - Order to discontinue a speech/Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech: the President; the Senate - Report that the Senator has committed an offence/order to make an explanation or apology/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections: the President or the chairman of the committee - Suspension from the sitting/intervention to prevent a quarrel/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections/offences against a House/misconduct: the Senate - Order to attend the Senate and custody: · Procedure: - Order to discontinue a speech (SO 196 of the Standing Orders and Other Orders of the Senate) - Report that the Senator has committed an offence/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 203 (1) and (2) of the Standing Orders and Other Orders of the Senate) - Order to make an explanation or apology/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 203 (3) of the Standing Orders and Other Orders of the Senate) - Suspension from the sitting/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 203 (3) and 204 of the Standing Orders and Other Orders of the Senate) - Intervention to prevent a quarrel (SO 205 of the Standing Orders and Other Orders of the Senate) - Order to attend the Senate and custody (SO 206 of the Standing Orders and Other Orders of the Senate) - Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech - Offences against a House (S. 4, 6, and 7 of the Parliamentary Privileges Act 1987, Privilege Resolutions 3, and 6 to 8) - Misconduct Code (rules) of conduct · This concept does not yet 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 and misconduct, 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, and 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 16 January 2012
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