IPU PARLINE database: AUSTRALIA (Senate), Oversight

Parliament name

Parliament of the Commonwealth of Australia

Structure of parliament

Bicameral

Chamber name

Senate

Related chamber (for bicameral parliaments)

House of Representatives

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 Constitution).

Head of the executive

Prime Minister

Notes

The Governor-General now holds a mainly formal post. In practice, executive power is exercised on advice of a federal Executive Council, as the 'Governor-General in Council'. More precisely, a system of cabinet or 'responsible' Government based on the Westminster tradition is practised. The party or coalition of parties commanding a majority in the House of Representatives becomes the Government and provides the ministers.

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 leader of the party or coalition having the support of the majority of the members of the House of Representatives. Ministers are appointed by the Governor-General on the advice of the Prime Minister.

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

The Governor-General is usually appointed for a term of five years. It is not linked to the term of the legislature and the Prime Minister, which cannot exceed three years.

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 Parliament (Section 64 of the Constitution). There is no formal trial period for ministers, who retain office at the discretion of the Prime Minister.

Dissolution of Parliament

Yes

Circumstances

The Governor-General, on the advice of the Prime Minister, can dissolve both the House of Representatives and the Senate before the end of their terms (Constitution, section 5). In this circumstance, the Prime Minister can place before the Governor-General reasons for an early dissolution, and the Governor-General can accept or refuse that advice. The grounds on which dissolution should occur are not prescribed. Generally, no special reasons are needed to dissolve the House early if it is within six months of the end of its 3-year term.

Reasons for granting a dissolution have not always been made public, but in the past have included the following: (i) to synchronize House of Representative elections with half-Senate elections; (ii) to gain a mandate from the people on a particular issue; (iii) the defeat of the government in the House of Representatives; and (iv) when a government has an impracticably small majority in the House of Representatives and no viable government can be formed from the opposition.

Modalities

When Parliament is dissolved in the normal course of events, a proclamation dissolving the House of Representatives and discharging Senators of attendance is read by the official secretary to the Governor-General on the steps of Parliament House, immediately prior to the dissolution. The Clerk of the House of Representatives then posts a copy of the proclamation on the door to the House of Representatives Chamber. This notification procedure is also followed in the case of a double dissolution. There has been no simultaneous dissolution of the Houses of the Australian Parliament since 1987.

Accountability of Government to Parliament

Yes

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

Modalities of oversight

Oral and written questions of parliamentarians

Questions can be put to ministers in the parliamentary chambers or in Senate committees, the latter particularly concerning the examination of departmental estimates.

Government reports to Parliament

Annual governmental reports are examined by Senate committees.

Measures

Vote of confidence on Government programs and/or legislative proposals

It is an essential tenet of the Westminster system that the government must possess the confidence of the House of Representatives. All legislation must be passed by both houses in identical terms to become law. However, a resolution in the Senate censuring the government or a minister can have no direct legal consequences.

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

Circumstances

Ministers and other Senators may be censured in the Senate for a wide range of reasons, such as misleading the Senate, failing to answer questions on notice or to produce documents within a stipulated time, maladministration of a department, or failing to declare a personal interest in a matter. The Senate may also pass motions of censure on ministers who are members of the House of Representatives.

Modalites

Censure motions are initiated by giving a notice of motion, or following a contingent notice suspending the Senate standing orders. After the suspension of the standing orders, another motion is moved to give precedence to the censure motion on that day until it is determined, and if passed, the censure motion is then moved. The vote on a motion of censure is decided by a simple majority.

Consequences

Unlike the House of Representatives, a resolution in the Senate censuring the government or a minister can have no direct constitutional or legal consequences. It is an expression of the Senate's disapproval of the actions or policies of a particular Senator, minister, or of the government as a whole. Between 31.12.1990 and 31.12.2000, there have been sixteen successful censure motions moved in the Senate. In the same period, four unsuccessful censure motions were moved. All successful motions censured the government, or a government minister or former minister, and may be assumed to have originated with non-governmental Senators.

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

Circumstances and persons concerned

Not applicable

Modalites and procedure

Not applicable

Consequences

Not applicable

Have these procedures been applied?

Not applicable

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 are required to 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

Senators can seek detailed information through a motion for the production of documents, the passage of which requires that documents are ordered to be produced and presented to the Senate.

Committees of inquiry and missions to Government departments

Senators may also move that matters be referred to a committee for inquiry. Annual reports of government departments and agencies are examined systematically by legislation committees of the Senate. These committees assess the performance of the public service and its administration of government policy through the examination of annual government estimates.

Oral and written questions of parliamentarians

Senators may question ministers and other Senators in the Senate by questions without notice put orally to a minister in the Chamber at question time, as well as by questions on notice, put to the minister or other Senator concerned in written form at any time, and published in Hansard and on the Notice Paper. Question time in the Senate is scheduled to begin at 2 p.m. on each sitting day and usually continues for an hour. At the conclusion of question time, a Senator may move a motion to take note of an answer relating to any answers given on that day. This provides the Senate with an opportunity to debate matters raised in questions, for a period of up to thirty minutes.

A question on notice is submitted in writing to the Senate Table Office, where it is allocated a number and placed on the Notice Paper. Copies are forwarded to the relevant office, and replies are returned directly to the Table Office. The reply is forwarded to the relevant Senator and a copy is printed in Hansard. Unless a question is withdrawn, it remains on the Notice Paper until answered or until the Parliament is prorogued. Questions which remain unanswered have their numbers listed in the Notice Paper, and after 30 days, are noted. A summary of such questions is published weekly in sitting periods. Senators who have not received answers to questions within 30 days of asking may seek an explanation, and if that explanation is not satisfactory, move a motion that the answers and explanation be tabled by a certain date. There is, however, no absolute obligation on a minister or other Senator to answer a question at all.

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 Executive Council.

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

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 (annual reports). The minister is then required to table a copy of the annual report before each house of Parliament on or before 31 October. All annual reports of departments and agencies stand referred to Senate legislation committees for examination.

Representation of Parliament in governing bodies of the Government administration

Four senators 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.

Existence of an ombudsman

Yes

Method for appointing the executive

The 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 authorities' actions and decisions to see if they are wrong, unjust, unlawful, discriminatory or just plain 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 government has the sole right to propose appropriations and taxation, but Parliament has ultimate control over government finances. The imposition of taxes and the raising of loans and all government expenditure must be authorised by legislation passed by both houses.

Modalities of oversight

Examination of the budget / finance act by Parliament

The budget, in the form of appropriation bills and related bills and documents, is presented to Parliament in May. Other government expenditure is authorised by special appropriation bills introduced as necessary, as are taxation bills. Budget bills may be introduced without notice, are usually debated 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 Senate cannot amend bills imposing taxation, appropriation money for the ordinary annual service of government, or increasing any proposed charge or burden on the people (Section 53 of the Constitution). However, it can request the House of Representatives to make amendments to such bills. This does not limit the power of the Senate to reject any bill, or alter the requirement that all legislation must be passed by both houses in identical terms to become law.

Reports on the budget / finance act by Committees

Immediately after the budget is introduced, details of proposed expenditure (estimates) are referred to eight Senate committees, representing all government departments and authorities. In public hearings held by these committees, Senators have the opportunity to question responsible ministers, and public service officials, directly on a proposed expenditure. Officials may be questioned about the objective, operational procedures and efficiency of the programmes for which they are responsible.

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 has a role where legislation is required in the implementation of national development plans as in all other matters requiring legislation.

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, it is examined in both houses in May and June. The practical requirement is that they are passed before the beginning of the financial year (1 July), in order for the government to commence using funds as outlined in its financial programme. In practice, deferral of the appropriation bills beyond a certain point could result in a double dissolution, since without the supply of funds the administration could not continue to function.

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

The Senate is within its constitutional rights to refuse to pass the appropriation bills. If this refusal took the form of twice failing to pass the bills, under certain conditions specified in Section 57 of the Constitution, the Governor-General, on the advice of the Prime Minister, could simultaneously dissolve both houses. In this case an election would be held for all seats of both houses.

Budgetary autonomy of Parliament

Yes

The Department of the Senate administers its own budget. It is funded annually through acts of Parliament, and is subject to scrutiny by the Senate Standing Committee on Appropriations and Staffing.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The Auditor General prepares financial audit statements of all Commonwealth bodies. These reports are included in the annual report of each body, which is tabled in both houses. The annual report 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 routinely pass legislation to regulate the operation of public companies. Parliament has also established the Australian 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 the 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 practice providing a full range of audit services to the 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. Under the Auditor General Act 1997, the Auditor General is appointed by the Governor-General, on the advice of the Prime Minister.

Reports of the public auditor's office

The Auditor General tables in Parliament a mid-year report on the financial systems, controls and processes of the large Commonwealth entities which administer the vast majority of the Commonwealth's finances, and operating the more significant and complex systems. The Auditor General has the mandate to undertake performance audits of all Commonwealth bodies other than Government Business Enterprises (GBEs) or persons employed as staff. For wholly owned GBEs, performance audits may be undertaken by the Auditor General where requested by the responsible minister, the Finance Minister or the Joint Committee of Public Accounts and Audit (JCPAA). Such reports are tabled in both houses of Parliament. The Auditor General prepares financial audit statements of Commonwealth entities, including government departments, statutory authorities and GBEs. These reports are included in the annual report of each body, which is tabled in both houses. The annual report is the principal vehicle by which the Parliament and the public are able to hold an entity accountable for its performance.

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 Commonwealth agencies 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 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 considers and reports on such matters relating to foreign affairs, defence and trade as may be referred to it by either house of the 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 composition of the committees reflects the numerical strength of each party in Parliament.

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

Not available

Plenary debates on foreign policy issues

Parliament exercises oversight by the examination of 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 the government.

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

The making of treaties is a matter for the executive government and does not require the approval of Parliament. However, there is a requirement that treaties are tabled in 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 issues by questions to the Minister for Foreign Affairs and the Minister for Trade.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign 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 considers and reports on such matters relating to foreign affairs, defence and trade as may be referred to it by either house; 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 composition of the committees reflects the numerical strength of each party in Parliament.

Parliamentary oversight of public arms manufacturing companies

Not available

Circumstances and involvement

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

Not applicable

Role of Parliament in sending troops abroad

Not available

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, Parliament exercises oversight over defence policy by the examination of legislation and the questioning of 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, each acting under the terms of their respective disaster legislation.

Can parliament take the initiative to declare a state of emergency

Not applicable

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 case of war, the government can put forward legislation (such as the National Security Act 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 is comprised of seven Justices and decides cases that are challenges to 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

Yes

The Senate Standing Committee for the Scrutiny of Bills reports to the Senate on bills introduced into the Senate, in terms of their compliance with principles of personal freedom and other criteria of appropriateness.

Measures

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