IPU PARLINE database: AUSTRALIA (House of Representatives), Electoral system

Parliament name

Parliament of the Commonwealth of Australia

Structure of parliament

Bicameral

Chamber name

House of Representatives

Related chamber (for bicameral parliaments)

Senate

Type of political regime:

parliamentary / constitutional monarchy

Notes :

The executive power of the Commonwealth of Australia is vested in Queen Elizabeth II, and exercised through her representative, the Governor-General (Section 61 of the Australian Constitution).

Head of the executive:

Prime Minister

Notes :

The Governor-General is now a mainly formal post. Executive power is exercised on the advice of a Federal Executive Council, acting as the "Governor-General in Council". More precisely, a cabinet system, or responsible government based on the Westminster model is practised. The party or coalition commanding a majority in the House of Representatives forms the Government, its leader becomes the Prime Minister, and the Ministers are chosen from among its ranks.

Method for appointing the executive

The Governor-General is nominated by the Prime Minister and appointed by the Queen. Since the first meeting of the Australian Parliament in May 1901, the Prime Minister has been the person elected as the leader of the party or coalition having the support of the majority of the Members of the House of Representatives. Government ministers are appointed by the Governor-General, on the advice of the Prime Minister and may be Senators or Members of the House.

Term of office of the executive and coincidence with the term of the legislature

The term of office of the House of Representatives and the Government, cannot exceed three years. The Governor-General is usually appointed for a term of five years, which is independent of the term of the Parliament and the Government.

Incompatibility of the functions of member of the executive and member of Parliament:

No

Government ministers must be, or become within three months of appointment, members of the parliament (Section 64 of the Constitution). There is no formal term for ministers. The practice of the current Government is that Ministers retain office at the discretion of the Prime Minister or until they voluntarily resign, die or otherwise leave parliament.

Dissolution of Parliament:

Yes

Circumstances

Dissolution of the House of Representatives-Under section 28 of the Constitution, the House continues for three years from its first meeting or may be dissolved sooner by the Governor-General using powers under section 5 of the Constitution. While the Constitution gives the Governor-General the power to dissolve the House, the criteria for taking this action are not prescribed and are therefore matters generally governed by constitutional convention, that is, on the advice and approval of a Minister of State, in practice the Prime Minister, directly responsible to the House of Representatives.

In such cases, the Prime Minister may give the Governor-General reasons for an early dissolution, and the Governor-General may accept or refuse that advice. Generally, no special reasons are required to dissolve the House if this takes place within six months of the end of its three-year term. The reasons for dissolution are not always made public, but in the past they have included the following: (i) to synchronise House elections with the elections of half of the membership of the Senate; (ii) to obtain a popular mandate on a particular issue; (iii) the defeat of the Government in the House; and (iv) when a Government has an impracticably small base of support in the House, and no viable Government can be formed with the opposition.

Simultaneous dissolution - The Senate is dissolved only in the circumstances of a double dissolution. Under section 57 of the Constitution, if the Senate twice rejects or fails to pass a bill, or passes it with amendments to which the House will not agree, at an interval of at least three months within the same or next session of parliament, the Prime Minister may advise the Governor-General to dissolve both houses, and elections must be held for all seats in the Senate and the House of Representatives. The most recent simultaneous dissolution of the Houses of the Australian Parliament was in 1987.

Modalities

The House of Representatives is dissolved by proclamation by the Governor-General. Since 1993 the Parliament has been prorogued immediately prior to the dissolution of the House. This was initially by separate proclamation. Since 1998 the proclamation dissolving the House has also prorogued the Parliament. The proclamation is published in the Commonwealth Gazette (and in the Votes and Proceedings) and read from the front of Parliament House by the Official Secretary to the Governor-General immediately prior to the hour of dissolution. This notification procedure is also followed in the case of a double dissolution.

Accountability of Government to Parliament:

Yes

The Government is accountable to Parliament both collectively and individually. By convention, all Ministers accept collective responsibility for the policies and actions of the Government. Ministers are expected to accept personal responsibility for oversight of their respective department and for their personal integrity.

Modalities of oversight

Oral and written questions of parliamentarians

Members of Parliament may question Government ministers in the House by putting questions orally, without notice, to a minister in the chamber at question time, as well as by putting questions on notice (written questions). The latter may be put to the Minister at any time, and are published in the Notice Paper. Question time in the House of Representatives is scheduled to begin at 2 p.m. on each day when there is a sitting, and usually continues for 20 questions for a total of about 75 minutes.

Questions cannot be debated, but the House has several procedures whereby members may initiate topics for debate or make statements during which they can publicly refer to administrative matters.

A written question is submitted to the House of Representatives Table Office , where it is numbered and placed on the Notice Paper. Replies are sent directly to the Table Office; forwarded to the member who asked the question; printed in Hansard; and a copy is forwarded to the press. Unless a question is withdrawn, it remains on the Notice Paper until answered, or until the House is dissolved. If a response to a written question has not been provided within 60 days, the member may ask the Speaker to write to the minister concerned seeking an explanation for the delay. A minister may defer all or part of a question that is put without notice, and ask that it be placed on the Notice Paper. He/she may then submit oral or written answers, which are later incorporated in the Hansard. There is no absolute obligation for a minister to answer a question within a specified period, or at all.

Government reports to Parliament

At the end of each financial year (30 June), all federal government departments, executive agencies and certain other agencies are required to report their activities to their Ministers through annual reports. The Ministers are then required to present copies of the annual reports to each house of parliament by 31 October. All annual reports of departments and agencies stand referred to the relevant committees of the House of Representatives for examination according to a schedule tabled by the Speaker to record areas of responsibility of each committee.

Measures

Vote of confidence on Government programs and/or legislative proposals

To become law, all legislative bills must be passed by both houses, in identical terms.

Motions of censure and votes of no confidence (sub-report)

Circumstances

Motions of no confidence in or censure of the Government or a Minister may be moved by any Member (with the support of another Member), in the same way as any other motion. They may be moved for a range of reasons, such as deliberately misleading the House, maladministration of a department, or failing to declare a personal interest in a matter.

Modalites

Such motions of censure are initiated by giving a notice of motion at least one day before, or by agreement to a motion to suspend the Standing Orders or by unanimous consent of the Members present in the Chamber at the time (leave of the House), to allow the motion to be moved immediately. Under the Standing Orders of the House, if a motion is accepted by a Minister as a motion of censure of, or no confidence in, the Government, it takes precedence over other business, and special time limits apply to the debate. If it is not accepted in this way, it is dealt with in the same way as any other motion. The vote on a motion of censure is decided by a simple majority.

Consequences

In the House, many motions of censure are moved against individual Ministers or the Government, but are not accepted as being expressions of censure of, or want of confidence in, the Government. If passed, such motions have no legal consequences, but may place considerable pressure on the Government or the Minister concerned to resign or to take some other action. If a Minister accepts a motion as being an expression of want of confidence in the Government and the motion is carried by the House, by convention, the Government resigns. Between February 1999 and August 2004 (the last three Parliaments), there were 32 motions of censure or want of confidence moved against the Government or Government ministers by Members of the Opposition. None was taken as an expression of want of confidence in the Government, and none was accepted. None of the motions was passed. On no occasion has a direct vote of censure of or no confidence in a Government been successful in the House of Representatives. On eight occasions however Governments have either resigned or advised a dissolution following their defeat on other questions in the House.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

There are no formal procedures for the impeachment of any member of the executive branch, the Government or the senior administration. However, the Governor-General may be recalled at any time. A Governor-General has resigned following public criticism.

Modalites and procedure

The Governor-General may be recalled by the Queen on the advice of the Prime Minister.

Consequences

A new Governor-General must be appointed.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Ministers are answerable to Parliament in their roles as executive heads of government departments. Annual reports of government departments and agencies must be tabled in both Houses, and may be examined by parliamentary committees. The Joint Committee of Public Accounts and Audit and the Public Works Committee have special responsibilities to examine government administration and expenditure.

Means and modalities of oversight

Hearings in Committees

The House may refer an issue to a committee for inquiry. Committees have the power to request or require documents to be provided and to summon witnesses.

Committees of inquiry and missions to Government departments

The House may refer an issue to a Committee for inquiry including into government policies and the administration of those policies. A number (currently thirteen) of general purpose standing committees covering most areas of government activity are appointed at the beginning of each Parliament. In addition, Members of the House also serve on a number of statutory and standing committees established jointly with the Senate. Select committees can be appointed by the House to inquire into and report on particular matters by a specified day and cease to exist after they have reported.

Oral and written questions of parliamentarians

See Section 2 "Accountability of the Government to parliament, (b) Questions".

Role of Parliament in the appointment of senior Government officials

The Governor-General appoints ambassadors and high commissioners to overseas countries and federal judges on the advice of the Federal Executive Council. The only high-ranking government official that the parliament appoints is the Auditor-General. Under the Auditor-General Act 1997, the Auditor-General is appointed by the Governor-General on the advice of the Prime Minister after consultation with the Parliament's Joint Committee of Public Accounts and Audit.

Activity reports of the Government administration and of public services or establishments

See Section 2 "Accountability of the Government to the parliament, (c) Government reports to parliament"

Representation of Parliament in governing bodies of the Government administration

Four Members of the House have been appointed to the governing bodies or Councils of three statutory authorities, (i) the Advisory Council on Australian Archives, (ii) the Council of the National Library of Australia, and (iii) the Parliamentary Retiring Allowances Trust (two members).

Existence of an ombudsman:

Yes

Method for appointing the executive

The Commonwealth Ombudsman is appointed by the Governor-General, on the advice of the Prime Minister.

Relationship to Parliament

The Ombudsman reports to Parliament and may recommend changes to legislation. He/she investigates complaints about Commonwealth departments and the authorities' actions and decisions to see if they are wrong, unjust, unlawful, discriminatory or unfair. He/she also seeks remedies for those affected by defective administration, and acts to improve public administration generally.

Consultation of Parliament in the preparation of the national budget:

No

The executive branch has the exclusive right to propose appropriations and taxation, but Parliament has ultimate control over government finances. The budget is the annual financial statement presented to the House by the Treasurer and includes the appropriation bills, documents relating to the bills and other legislation to give effect to the budget. New policy proposals initiated by the Parliament may be the subject of formal face-to-face discussions between the Presiding Officers and the Treasurer.

Modalities of oversight

Examination of the budget / finance act by Parliament

The budget is presented to Parliament in May, in the form of appropriation bills and related bills and documents. Other government expenditure is authorised by special appropriation bills introduced as necessary, as are taxation bills. The budget is preceded in the House of Representatives by a message from the Governor-General transmitting particulars of proposed expenditure and recommending appropriation of revenue. Budget bills are introduced without notice. They are usually debated, in principle and in detail, for several weeks in the House of Representatives and are subject to amendment there. After the House has passed them, they are forwarded to the Senate. The latter cannot amend bills imposing taxation, appropriating money for the ordinary annual service of Government, or increasing any proposed charge or burden on the people, although it can request the House of Representatives to make amendments to such bills.

Reports on the budget / finance act by Committees

Following the in principle debate on the appropriation bills, the detailed stage of the bills are debated in the Chamber and Main Committee (the second debating chamber). During this stage members may put detailed questions on proposed expenditure to the Minister or Minister representing the Minister. The House of Representatives does not have formal estimates committees.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

Parliament plays a role when legislation is required for the implementation of national development plans, as in all other matters requiring legislation. The Governor of the Reserve Bank appears regularly before the House of Representatives Standing Committee on Economics, Finance and Public Administration.

Parliament's deadline for the examination and adoption of the budget / finance act

While there is no deadline in law for the examination of the appropriation bills, they are examined in both Houses in May and June. The practical requirement is that such bills must be passed before the beginning of the financial year (1 July) in order for the Government to commence using funds as outlined in its financial program.

Consequences of failure by Parliament to adopt the budget / finance act

The House of Representatives has never failed to pass the annual appropriation bills within a reasonable time. If it were to do so, the result would either be the commissioning as Prime Minister of another member who had the confidence of the House (if such a person existed) to form a new Government, or the dissolution of the House on the advice of the Prime Minister, and an election held.

If a deadlock were between the Houses, in theory both Houses could be dissolved, and elections held for both Houses.

Given the practical requirement outlined under "Deadline" immediately above, and the lead-times involved, it would be extremely unlikely for options involving elections being invoked, particularly in the timeframe in excess of three months involved in a double dissolution.

Budgetary autonomy of Parliament:

Yes

Parliamentary appropriations are authorised by an act of Parliament separate from the acts authorising appropriation for government departments. The level of funding is agreed by negotiation between the presiding officers of the Parliament and the Minister of Finance. In practice, the parliamentary departments adhere to the same funding guidelines and requirements as government departments. Each of the three parliamentary departments administers its own budget.

Evaluation of Government spending

Parliament approves Government expenditures annually:

Yes

The Auditor-General audits the financial statements of all entities of the Commonwealth of Australia, that is, government departments, statutory authorities and government business enterprises. The financial statement of each entity, together with the audit report thereon, is included in the annual report of that entity. The annual report of each body, which is tabled in both Houses, is the principal vehicle by which Parliament and the public are able to hold an entity accountable for its performance.

Parliamentary oversight of public companies:

No

Parliament has no tools designated specifically for the oversight of public companies. It does however routinely pass legislation to regulate the operation of public companies. Parliament has also established the Securities and Investments Commission and the Australian Prudential Regulatory Authority, both of which regulate various aspects of corporate governance. Parliamentarians are able to bring to Parliament's attention matters of concern about public companies. Various parliamentary committees are able to investigate matters relating to public companies referred to them on their own initiative or by the parliament.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Australian National Audit Office (ANAO) is a specialist public sector audit body providing a full range of audit services to Parliament, Commonwealth public sector agencies and statutory bodies. The ANAO assists the Auditor-General to provide an independent view of the performance and financial management of these agencies and bodies. The ANAO's principal client is the Parliament.

See also Section 3 "Oversight, (e) Role of parliament in the appointment of high-ranking government officials"

Reports of the public auditor's office

The ANAO undertakes, and the Auditor-General reports to the Parliament upon, financial statement audits, performance audits, business support process audits and protective security audits. The ANAO also prepares guides on financial, auditing and governance matters for the public sector.

Specialised committee

The Joint Committee of Public Accounts and Audit is a Committee of the Commonwealth Parliament established pursuant to the Public Accounts and Audit Committee Act 1951 to scrutinise the monies spent by agencies of the Commonwealth of Australia from funds appropriated by them. The Committee reports to Parliament on any items or matters in the Commonwealth's accounts and financial statements, and in reports of the Commonwealth Auditor-General, or any circumstances connected with them, to which the Committee thinks the attention of the Parliament should be directed.

Foreign Relations Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign policy through the Joint Standing Committee on Foreign Affairs, Defence and Trade; the Joint Standing Committee on Treaties; the Joint Standing Committee on Migration and the Senate Standing Committee on Foreign Affairs, Defence and Trade.

Powers of the Committee

The Joint Standing Committee on Foreign Affairs, Defence and Trade is mandated to consider and report on such matters relating to foreign affairs, defence and trade as may be referred to it by either house of Parliament; the Minister for Foreign Affairs; the Minister for Defence; or the Minister for Trade. The Committee may also inquire into matters raised in annual reports of relevant Commonwealth government departments and authorities, or in reports of the Commonwealth Auditor-General.

Composition of the Committee

The membership of the Committees reflects the numerical strength of each party in Parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Delegations of Members from both Houses and all political parties pay visits to other countries and parliaments on a regular basis. On their return, delegations report to both Houses on the outcomes of their visits. More rarely, the Joint Standing Committee on Foreign Affairs, Defence and Trade visit neighbouring countries to gather information and consult.

Plenary debates on foreign policy issues

Parliament exercises oversight by examining legislation concerning foreign policy in the same way in which it examines all legislation, including legislation to enforce treaties.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of government.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The conclusion of treaties is a matter for the executive branch of government and does not require the approval of Parliament. Nevertheless, treaties are tabled in both houses of Parliament at least 12 sitting days before ratification. The Joint Committee on Treaties examines treaties after tabling, and may make recommendations concerning them.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, Parliament exercises oversight over foreign policy by questioning of the Minister for Foreign Affairs and the Minister for Trade.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over defence policy through the Joint Standing Committee on Foreign Affairs, Defence and Trade and the Senate Standing Committee on Foreign Affairs, Defence and Trade.

Powers of the Committee

The Joint Standing Committee has the power to consider and report on such matters relating to foreign affairs, defence and trade as may be referred to it by either house of Parliament, the Minister for Foreign Affairs; the Minister for Defence; or the Minister for Trade. The Committee may also inquire into matters raised in annual reports of relevant Commonwealth government departments and authorities or in reports of the Commonwealth Auditor-General.

Composition of the Committee

The membership of the committees reflects the numerical strength of each party in Parliament. The Joint Standing Committee on Foreign Affairs, Defence and Trade is one of the largest parliamentary committees.

Parliamentary oversight of public arms manufacturing companies

Not applicable.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

Section 50G of the Defence Act provides that if the Parliament is sitting, the reason for a calling out of the Reserve Force shall forthwith be communicated by the Governor-General to each House of the Parliament. If a House of the Parliament is not sitting at the date of issue of the proclamation, it must meet within 10 days after that date to receive the Governor-General's communication. Under section 51K of the Act, enacted in year 2000, the Houses must meet within six days after the provision of a ministerial statement about the use of the Defence Force to protect Commonwealth interests within Australia or to protect states against domestic violence in accordance with section 119 of the Constitution.

Role of Parliament in sending troops abroad

The consent of the Parliament is not required for the dispatch of troops to other countries.

Other mechanisms for participation in national defence policy by Parliament

Parliament exercises oversight over defence policies by examining legislation in the same way as any other legislation and by questioning the Minister for Defence.

Circumstances

A national emergency can be established in the case of a threat to national security, and is declared by the Governor-General on the advice of the Executive Council. The Commonwealth has no powers to declare a state of emergency as a result of natural or technological causes in Australia. This is the prerogative of the States and Territories, acting under their respective disaster legislation.

Can parliament take the initiative to declare a state of emergency:

No

Consequences of a state of emergency for Parliament

A state of emergency has no effect on the existence of Parliament. During a period of national emergency in the event of war, the Government can put forward legislation (such as the National Security Act of 1939) which, when passed by Parliament, to a certain extent allows it to bypass Parliament in enacting regulations which it considers to be in the interests of national security.

Modalities of oversight

Body ruling on the constitutionality of laws:

High Court

The High Court of Australia consists of seven Justices and decides cases that challenge the constitutional validity of laws.

Means and procedures

Cases that involve interpretation of the Constitution are determined by a full bench of the High Court if all Justices are available to sit. During the hearing, barristers representing the parties present their arguments orally to the Court. Each Justice makes his/her own decision on cases, and where decisions are not unanimous, the decision of the majority prevails. Decisions of the High Court are binding on all other courts throughout Australia.

Evaluation of laws:

No

The Parliament is involved to the extent that evaluation is incidental to the Parliament's law making role. The Parliament is assisted in the task of evaluating existing laws by the Australian Law Reform Commission which is a permanent, independent, federal statutory body, which conducts inquiries into areas of law reform at the request of the Attorney-General of Australia. The Attorney-General must ensure that each report of the Commission is tabled in each House of the Parliament within 15 sitting days of that House after the Attorney-General receives it. In addition, regulations, ordinances and other forms of subordinate legislation are subject to scrutiny by both Houses. Either House of Parliament has the power to disallow certain subordinate legislation.

Measures

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