| Alan Ferguson ( M) |
| Harry Evans ( M) |
Parliament House
CANBERRA, A.C.T. 2600
Tel.: (612) 6277 71 11
Fax: (612) 6277 31 99
E-mail: clerk.sen@aph.gov.au
| http://www.aph.gov.au/ |
1956
- 2 multi-member (2 seats) constituencies corresponding to the federal territories
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.
- Australian citizen or British subject registered on the Commonwealth Electoral Roll on 25 January 1984
People of unsound mind, or with conviction for treason, or prisoners serving a sentence of five years or more, are ineligible to vote.
- At least 18 years old
- Australian citizenship
- Qualified to be an elector in federal elections
- 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
- 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
Also available:
Archive of past election results for this chamber
Prime Minister Howard (Liberal Party) was seeking a fifth consecutive term in office. In the previous elections held on 9 October 2004, his party had won 74 seats in the House of Representatives, promising to maintain low interest rates for further economic prosperity. He formed a coalition government comprising the Liberal Party, the National's (12 seats) and the Country Liberal Party (one seat).
His main rival was Mr. Kevin Rudd of the centre-left Australian Labor Party (ALP). A former diplomat, Mr. Rudd was elected as party leader on 4 December 2006. The ALP, which had won 60 seats in 2004, was seeking a return to power after 11 years in the opposition.
In all, 1,421 candidates ran for the elections. 13 candidates vied for the seat in the Bennelong electorate in Sydney held by Prime Minister Howard.
The 2007 elections saw once again a duel between the Liberal Party and the ALP.
Prime Minister Howard urged voters to support his party for further economic growth. He argued that an ALP government would wreck the economy. The 68-year old leader said that if his party won the elections, he would hand over leadership mid-term to the treasurer, Mr. Peter Costello. The 50-year old Mr. Rudd, who campaigned under the slogan of "new leadership", promised to change labour laws, arguing that many workers had not benefited from economic growth.
The Liberal leader insisted that the country should maintain its 1,500 troops in Iraq and 1,000 in Afghanistan as long as needed, and maintain a close alliance with the U.S. The ALP leader argued that 550 combat troops should be withdrawn from Iraq by mid-2008, while more troops should be sent to Afghanistan. He also pledged to shut down Australia's offshore refugee processing and detention centres in Nauru and Papua New Guinea.
Prime Minister Howard continued to oppose the Kyoto Protocol on climate change and its carbon emission targets, arguing they would damage the country's economy. Mr. Rudd promised to ratify the Kyoto Protocol and pledged to cut carbon emissions by 60 per cent by 2050. In 2007, Australia suffered its worst drought in 100 years. Global warming was reportedly a major concern for many citizens.
During the election campaign, the Liberal Party was damaged by two incidents. On 7 November, the Reserve Bank raised interest rates to 6.75 per cent, the sixth increase since the 2004 elections, when Prime Minister Howard had promised to keep the interest rate low. Two days before the polling day, further controversy was caused by leaflets circulated in Sydney by volunteers and members of the Liberal Party, which linked the ALP to Muslim extremists. The Prime Minister condemned the act and emphasized he had not authorized the leaflets.
The final results gave a major victory to the ALP, which won 83 seats in the House of Representatives, while the Liberal Party took 55.
A well-known former television journalist, Ms. Maxine McKew (ALP) narrowly defeated Prime Minister Howard, who had held his Bennelong seat since 1974. He became the first incumbent prime minister to be voted out since Mr. Stanley Bruce in 1929.
In the Senate elections, the ALP won 18 seats, controlling 32 seats in all. The Liberal Party won 15 seats and also holds 32 seats in all. Newly-elected Senators are due to take up their posts on 1 July 2008. Until then the Liberal Party remains the largest party and retains its one seat majority in the Senate.
On 3 December, Mr. Rudd was officially sworn in as Prime Minister, alongside Deputy Prime Minister Ms. Julia Gillard, who became the first woman to hold the post. Mr. Rudd's first act was to sign Australia's ratification of the Kyoto Protocol.
| Round no 1 (24 November 2007): Election results | ||||
| Number of registered electors | 13'646'539 | |||
| Voters | 12'987'814 (95.17%) | |||
| Blank or invalid ballot papers | 331'009 | |||
| Valid votes | 12'656'805 | |||
| Round no 1: Distribution of votes | ||||||||||||||||||||||||
| Political Group | Candidates | Votes | % of votes | |||||||||||||||||||||
| Australian Labor Party (ALP) | ||||||||||||||||||||||||
| Liberal Party | ||||||||||||||||||||||||
| Australian Greens | ||||||||||||||||||||||||
| The Nationals | ||||||||||||||||||||||||
| Country Liberal Party (CLP) - The Territory Party | ||||||||||||||||||||||||
| Non affiliated | ||||||||||||||||||||||||
| Family First Party | ||||||||||||||||||||||||
| Australian Democrats | ||||||||||||||||||||||||
| Round no 1: Distribution of seats | ||||||||||||||||||||||||||||||
| Political Group | Total of seats | Seats Feb. 2008 | Seats July 2008 | |||||||||||||||||||||||||||
| Australian Labor Party (ALP) | 18 | 28 | 32 | |||||||||||||||||||||||||||
| Liberal Party | 15 | 34 | 32 | |||||||||||||||||||||||||||
| Australian Greens | 3 | 4 | 5 | |||||||||||||||||||||||||||
| The Nationals | 2 | 4 | 4 | |||||||||||||||||||||||||||
| Country Liberal Party (CLP) - The Territory Party | 1 | 1 | 1 | |||||||||||||||||||||||||||
| Non affiliated | 1 | 0 | 1 | |||||||||||||||||||||||||||
| Family First Party | 0 | 1 | 1 | |||||||||||||||||||||||||||
| Australian Democrats | 0 | 4 | 0 | |||||||||||||||||||||||||||
- http://vtr.aec.gov.au/
- IPU Group (29.01.2008, 30.01.2008)
Note on the distribution of seats:
- The figures under "Seats 2007" refer to the number of members elected when the Senate was partially renewed (40 seats) in November 2007. Those members will be sworn in in July 2008.
- The figures under "Seats Feb. 2008" show the composition of the Senate in February 2008, when the Senate held its first session after the 2007 elections. They include outgoing senators elected in 2001.
- The figures under "Seats July 2008" include the members elected in November 2007.
The "Seats 2007" column shows the breakdown for members elected when the Senate was partially renewed (40 seats) in November 2007. Those members will be sworn in in July 2008. As at February 2008, 27 of the 76 members of the Senate, including outgoing senators elected in 2001, were women. The total number of women in the Senate will remain at 27 after July 2008. (Senate, 30.01.2008).
- reasons for interruption of the term: death, resignation, end of term as a Senator
- 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
- nominations are received from the floor
- 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
- 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
- other allowances
- office
- support staff
- official car
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- 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
- 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
- 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
· Procedure
· Procedure (S. 19 of the Constitution)
· Authority competent to accept the resignation: the President or the Governor-General
- 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)
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.
· 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
· 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.
· 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.
· 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)
· Penalties foreseen in case of failure to fulfil this obligation: forfeiture of mandate
· 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
· 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)
Also available:
Archive of past election results for this chamber
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