Misplaced Pages

#550449

127-420: Opposition (55) Coalition Crossbench (18)   Labor (25) Opposition (30) Coalition   Liberal (24)   National (6) Crossbench (21)   Greens (11)   One Nation (2)   Lambie Network ( 1 )   United Australia ( 1 ) [REDACTED] [REDACTED] The Parliament of Australia (officially

254-535: A first-past-the-post block voting , on a state-by-state basis. This was replaced in 1919 by preferential block voting . Block voting tended to produce landslide majorities. For instance, from 1920 to 1923 the Nationalist Party had 35 of the 36 senators, and from 1947 to 1950, the Australian Labor Party had 33 of the 36 senators. In 1948, single transferable vote proportional representation on

381-511: A private Senator's bill in the Senate. Payne's bill was passed with little debate (the House of Representatives agreeing to it in less than an hour), and in neither house was a division required, hence no votes were recorded against the bill. The 1925 federal election was the first to be conducted under compulsory voting, which saw the turnout figure rise to 91.4%. The turnout increased to about 95% within

508-464: A General Assembly of the Australian Colonies. This assembly was proposed to legislate on intercolonial matters, including tariffs, railways, lighthouses, penal settlements, gold and the mail. This was the first outline of the future Australian Commonwealth to be presented in an official colonial legislative report. On 19 August 1857, Deas Thomson moved for a NSW Parliamentary Select Committee on

635-522: A biography of Andrew Inglis Clark by F.M. Neasey and L.J. Neasey published by the University of Tasmania Law Press in 2001. The traditional view attached almost sole responsibility for the 1891 draft to Griffith. Quick and Garran, for instance, state curtly that Griffith "had the chief hand in the actual drafting of the Bill". Given that the authors of this highly respected work were themselves active members of

762-517: A couple of elections and has stayed at about that level since. Since 1973, citizens have had the right to vote upon turning 18. Prior to this it was 21. Australian Federal Police officers armed with assault rifles have been situated in the Federal Parliament since 2015. It is the first time in Australian history that a parliament has possessed armed personnel. Each of the two Houses elects

889-453: A double dissolution) as they serve six-year terms; however territory Senators do not have staggered terms and hence face re-election every three years. Until 1949, each state elected the constitutional minimum of six senators. This number increased to ten from the 1949 election , and was increased again to twelve from the 1984 election . The system for electing senators has changed several times since Federation . The original arrangement used

1016-436: A draft Bill proposing a confederation of the Australian colonies, with each colony given equal representation in an intercolonial assembly, a proposal subsequently endorsed by his association. He further proposed a "permissive Act" be passed by Parliament allowing the colonies of Australia or any subset of them which was not a penal settlement to federate at will. Wentworth, hoping to garner as broad support as possible, proposed

1143-413: A federal government with more power to legislate on issues such as wages and prices. They also regarded the proposed senate as much too powerful, with the capacity to block attempts at social and political reform, much as the colonial upper houses were quite openly doing at that time. Religious factors played a small but not trivial part in disputes over whether federation was desirable or even possible. As

1270-541: A federal level is the centre-right Liberal Party / National Party Coalition , led by Peter Dutton . The opposition parties and leaders in the Australian states and territories are: Leanne Castley (Lib) Mark Speakman (Lib) Selena Uibo (ALP) Steven Miles (ALP) Vincent Tarzia (Lib) Dean Winter (ALP) John Pesutto (Lib) Shane Love (Nat) Federation of Australia The Federation of Australia

1397-451: A general rule, pro-federation leaders were Protestants, while Catholics' enthusiasm for federation was much weaker, not least because Parkes had been militantly anti-Catholic for decades (and because the labour movement was disproportionately Catholic in its membership). For all that, many Irish could feel an attractive affinity between the cause of Home Rule in Ireland – effectively federalizing

SECTION 10

#1732837660551

1524-592: A long-time admirer of American federal institutions, introduced the US Constitution as an example of the protection of States' rights. He presented it as an alternative to the Canadian model, arguing that Canada was "an instance of amalgamation rather than Federation." A model closer to that of the United States was endorsed, with states able to act completely independently apart from those limited powers transferred to

1651-542: A loose association of the colonies, which was criticised by Robert Lowe . The secretary of state subsequently opted not to introduce the Bill stating it would probably lead to "dissension and discontent", distributing it nonetheless to the colonies for their responses. While there was in-principle support for a union of the colonies, the matter was ultimately deferred while NSW Premier Charles Cowper and Henry Parkes preferred to focus on liberalising Wentworth's squatter-friendly constitution. A serious movement for Federation of

1778-478: A majority in the lower house is entitled to form a government, and the United States Congress , which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house , the Senate, consists of 76 members: twelve for each state , and two for each of the self-governing territories . Senators are elected using the proportional system and as

1905-561: A number of issues including federation, communication, Chinese immigration, vine diseases and uniform tariff rates. The Federation had the potential to ensure that throughout the continent, trade and interstate commerce would be unaffected by protectionism and measurement and transport would be standardised. The final (and successful) push for a Federal Council came at an Intercolonial Convention in Sydney in November and December 1883. The trigger

2032-556: A particular inquiry is completed the members of the committee can then produce a report, to be tabled in Parliament, outlining what they have discovered as well as any recommendations that they have produced for the government or house to consider. The ability of the houses of Parliament to establish committees is referenced in section 49 of the Constitution, which states that, Opposition (Australia) The current Opposition at

2159-481: A particular political party the replacement must come from the same party, but the state Parliament may choose not to fill the vacancy, in which case section 11 requires the Senate to proceed regardless. If the state Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the state governor can appoint someone to fill the place until fourteen days after the state Parliament resumes sitting. The state Parliament can also be recalled to ratify

2286-401: A plan for a "General Assembly" of the colonies. The idea was quietly dropped. However, it prompted the statesman William Wentworth to propose in the following year the establishment of "a Congress from the various Colonial Legislatures" to legislate on "inter-colonial questions". On 28 July 1853, a select committee formed by Wentworth to draft a new constitution for New South Wales proposed

2413-516: A presiding officer. The presiding officer of the Senate is called the President ; that of the House of Representatives is the Speaker . Elections for these positions are by secret ballot. Both offices are conventionally filled by members of the governing party, but the presiding officers are expected to oversee debate and enforce the rules in an impartial manner. The Constitution authorises Parliament to set

2540-465: A private working document, and was never published. The Parliament proposed at the Convention of 1891 was to adopt the nomenclature of the United States Congress ; a House of Representatives and a Senate. The House of Representatives was to be elected by districts drawn up on the basis of their population, while in the Senate there was to be equal representation for each "province". This American model

2667-572: A replacement. The lower house of the Australian Parliament, the House of Representatives , is made up of single member electorates with a population of roughly equal size. As is convention in the Westminster system , the party or coalition of parties that has the majority in this House forms the government with the leader of that party or coalition becoming the prime minister. If the government loses

SECTION 20

#1732837660551

2794-404: A result of a cerebral haemorrhage . The Constitution provided that a new national capital would be established for the nation. This was a compromise at Federation due to the rivalry between the two largest Australian cities, Sydney and Melbourne , which both wished to become the new capital. The site of Canberra was selected for the location of the nation's capital city in 1908. A competition

2921-510: A result, the chamber features a multitude of parties vying for power. The governing party or coalition has not held a majority in the Senate since 1981 (except between 2005 and 2007) and usually needs to negotiate with other parties and independents to get legislation passed. The lower house , the House of Representatives, currently consists of 151 members, each elected using full preferential voting from single-member electorates (also known as electoral divisions or seats). This tends to lead to

3048-481: A state-by-state basis became the method for electing senators. This change has been described as an "institutional revolution" that has led to the rise of a number of minor parties such as the Democratic Labor Party , Australian Democrats and Australian Greens who have taken advantage of this system to achieve parliamentary representation and the balance of power. From the 1984 election, group ticket voting

3175-471: A total of 128) of the final Australian Constitution are recognisable in Clark's draft, and that "only eight of Inglis Clark's ninety-six clauses failed to find their way into the final Australian Constitution"; but these are potentially misleading statistics. As Professor John Williams has pointed out: It is easy to point to the document and dismiss it as a mere "cut and paste" from known provisions. While there

3302-663: Is guaranteed at least five seats. The Constitution does not guarantee representation for the territories. Parliament granted a seat to the Northern Territory in 1922, and to the Australian Capital Territory in 1948; these territorial representatives, however, had only limited voting rights until 1968. Federal electorates have their boundaries redrawn or redistributed whenever a state or territory has its number of seats adjusted, if electorates are not generally matched by population size or if seven years have passed since

3429-416: Is not as crisp or clean as Kingston's 1891 draft Constitution. This is not so much a reflection on Inglis Clark, but an acknowledgement of the talents of Charles Kingston and Sir Samuel Griffith as drafters. They were direct and economical with words. The same cannot always be said of Inglis Clark. The apparent enthusiasm of 1891 rapidly ebbed in the face of opposition from Henry Parkes' rival, George Reid, and

3556-418: Is not possible to be simultaneously a member of both the Senate and the House of Representatives, but a number of people have been members of both houses at different times in their parliamentary career . Only Australian citizens are eligible for election to either house. They must not also be a subject or citizen of a "foreign power". When the Constitution was drafted, all Australians (and other inhabitants of

3683-620: Is rarely exercised); in the case of a tie, the president does not have a casting vote and the motion fails. In the House of Representatives, the Speaker does not vote, but has a casting vote if there is a tie. Most legislation is introduced into the House of Representatives and goes through a number of stages before it becomes law. The legislative process occurs in English, although other Australian parliaments have permitted use of Indigenous languages with English translation. Government bills are drafted by

3810-407: Is replaced by a committee of the whole . Once a bill has been passed by both Houses in the same form, it is then presented to the governor-general for royal assent . The principal function of the Parliament is to pass laws, or legislation. Any parliamentarian may introduce a proposed law (a bill), except for a money bill (a bill proposing an expenditure or levying a tax), which must be introduced in

3937-496: Is simply "The Parliament of Australia enacts:". Commonwealth legislative power is limited to that granted in the Constitution. Powers not specified are considered "residual powers", and remain the domain of the states. Section 51 grants the Commonwealth power over areas such as taxation, external affairs, defence and marriage. Section 51 also allows state parliaments to refer matters to the Commonwealth to legislate. Section 96 of

Parliament of Australia - Misplaced Pages Continue

4064-472: Is some validity in such observations it does tend to overlook the fact that there are very few variations to be added once the basic structure is agreed. So for instance, there was always going to be parts dealing with the executive, the parliament and the judiciary in any Australian constitution. The fact that Inglis Clark modelled his on the American Constitution is no surprise once that basic decision

4191-419: Is taken and public servants are questioned. There are also joint committees, composed of members from both houses. In the event of conflict between the two houses over the final form of legislation, the Constitution provides for a simultaneous dissolution of both houses – known as a double dissolution . Section 57 of the Constitution states that, If the House of Representatives passes any proposed law, and

4318-484: Is the Constitution of 1900, not its father or grandfather." In the twenty-first century, however, a lively debate has sprung up as to whether the principal credit for this draft belongs to Queensland's Sir Samuel Griffith or Tasmania's Andrew Inglis Clark . The debate began with the publication of Peter Botsman's The Great Constitutional Swindle: A Citizen's Guide to the Australian Constitution in 2000, and

4445-528: The 1918 Swan by-election with the largest primary vote, due to vote splitting among the conservative parties. This system has remained in place ever since, allowing the Coalition parties to safely contest the same seats. Full-preference preferential voting re-elected the Bob Hawke government at the 1990 election , the first time in federal history that Labor had obtained a net benefit from preferential voting. It

4572-678: The Imperial Parliament to enact the Federal Council of Australasia Act 1885 . As a result, a Federal Council of Australasia was formed, to represent the affairs of the colonies in their relations with the South Pacific islands. New South Wales and New Zealand did not join. The self-governing colonies of Queensland, Tasmania and Victoria, as well as the Crown Colonies of Western Australia and Fiji , became involved. South Australia

4699-462: The Office of Parliamentary Counsel . The first stage is a first reading , where the legislation is introduced to the chamber, then there is a second reading , where a vote is taken on the general outlines of the bill. Although rare, the legislation can then be considered by a House committee, which reports back to the House on any recommendations. This is followed by a consideration in detail stage, where

4826-559: The Parliament of the Commonwealth and also known as the Federal Parliament ) is the federal legislature of Australia . It consists of three elements: the monarch of Australia (represented by the governor-general ), the Senate (the upper house), and the House of Representatives (the lower house). It combines elements from the Westminster system , in which the party or coalition with

4953-772: The South Australian Magazine called for a "Union of the Australasian Colonies into a Governor-Generalship." In September 1846, the NSW Colonial Secretary Sir Edward Deas Thomson suggested federation in the New South Wales Legislative Council . The Governor of New South Wales , Sir Charles Fitzroy , then wrote to the United Kingdom's Colonial Office suggesting a "superior functionary" with power to review

5080-608: The federation of the six Australian colonies. The inaugural election took place on 29 and 30 March and the first Australian Parliament was opened on 9 May 1901 in Melbourne by Prince George, Duke of Cornwall and York, later King George V . The only building in Melbourne that was large enough to accommodate the 14,000 guests was the western annexe of the Royal Exhibition Building . After the official opening, from 1901 to 1927

5207-450: The quorum for each chamber. The quorum of the Senate is one-quarter of the total membership (nineteen); that of the House of Representatives is one-fifth of the total membership (thirty-one). In theory, if a quorum is not present, then a House may not continue to meet. In practice, members usually agree not to notice that a quorum is not present, so that debates on routine bills can continue while other members attend to other business outside

Parliament of Australia - Misplaced Pages Continue

5334-526: The Australasian colonies was held in 1890. This led to the first National Australasian Convention , meeting in Sydney in 1891. New Zealand was represented at both the conference and the Convention, although its delegates indicated that it would be unlikely to join the Federation at its foundation, but it would probably be interested in doing so at a later date. The Australasian Federal Conference of 1890 met at

5461-697: The Australian Commonwealth in 1901, which is widely regarded as one of the most authoritative works on the Australian Constitution. ) In March 1897 took place the Australasian Federal Convention Elections , and several weeks later the delegates gathered for the Convention's first session in Adelaide , later meeting in Sydney, and finally in Melbourne in March 1898. After the Adelaide meeting,

5588-475: The Australian Constitution gives the Commonwealth Parliament the power to grant money to any State, "on such terms and conditions as the Parliament thinks fit". In effect, the Commonwealth can make grants subject to states implementing particular policies in their fields of legislative responsibility. Such grants, known as "tied grants" (since they are tied to a particular purpose), have been used to give

5715-516: The British Government. The Constitution also provided for the establishment of a High Court , and divided the powers of government between the states and the new Commonwealth government. The states retained their own parliaments, along with the majority of existing powers, but the federal government would be responsible of issues defence, immigration, quarantine, customs, banking and coinage, among other powers. Australian federation entailed

5842-644: The British empire) were British subjects , so the word "foreign" meant outside the Empire. But, in the landmark case Sue v Hill (1999), the High Court of Australia ruled that, at least since the passage of the Australia Act 1986 , Britain has been a "foreign power", so that British citizens are also excluded. Compulsory voting was introduced for federal elections in 1924. The immediate justification for compulsory voting

5969-594: The Commonwealth Parliament, consisting of three components: the King of Australia , the Senate and the House of Representatives. All of the constitutional functions of the King are exercisable by the governor-general (except the power to appoint the governor-general), whom the King appoints as his representative in Australia on the advice of the prime minister . However, by convention, the governor-general exercises these powers only upon

6096-450: The Council did not have a permanent secretariat, executive powers, or any revenue of its own. Furthermore, the absence of the powerful colony of New South Wales weakened its representative value. Nevertheless, it was the first major form of inter-colonial co-operation. It provided an opportunity for Federalists from around the country to meet and exchange ideas. The means by which the Council

6223-696: The Easter weekend in 1891, Griffith edited Clark's draft aboard the Queensland Government's steam yacht Lucinda . (Clark was not present, as he was ill with influenza in Sydney). Griffith's draft Constitution was submitted to colonial parliaments but it lapsed in New South Wales , after which the other colonies were unwilling to proceed. The importance of the draft Constitution of 1891 was recognised by John La Nauze when he flatly declared that "The draft of 1891

6350-474: The Federal Parliament. The main division of opinion centred on the contention of Alfred Deakin , that the lower house must be supreme, as opposed to the views of Barton, John Cockburn and others, that a strong Senate with co-ordinate powers was essential. Griffith himself recommended that the doctrine of responsible government should be left open, or substantially modified to accord with the Federal structure. Over

6477-420: The House can consider the clauses of the bill in detail and make any amendments. This is finally followed by a third reading , where the bill is either passed or rejected by the House. If passed, the legislation is then sent to the Senate, which has a similar structure of debate and passage except that consideration of bills by Senate committees is more common than in the House and the consideration in detail stage

SECTION 50

#1732837660551

6604-422: The House has had between 148 and 151 members (the Senate has 76). First-past-the-post voting was used to elect members of the House of Representatives until in 1918 the Nationalist Party government, a predecessor of the modern-day Liberal Party of Australia , changed the lower house voting system to full preferential voting for the subsequent 1919 election . This was in response to Labor unexpectedly winning

6731-465: The House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. In an election following a double dissolution, each state elects their entire 12-seat Senate delegation, while the two territories represented in the Senate each elect their two senators as they would in a regular federal election. Because all seats are contested in

6858-458: The House of Representatives. In practice, the great majority of bills are introduced by ministers. Bills introduced by other members are called private members' bills. All bills must be passed by both houses and assented to by the governor-general to become law. The Senate has the same legislative powers as the House, except that it may not amend or introduce money bills, only pass or reject them. The enacting formula for acts of Parliament since 1990

6985-605: The Opposition); Tasmania, Andrew Inglis Clark (Attorney-General) and Stafford Bird (Treasurer); Western Australia, Sir James George Lee Steere (Speaker); New Zealand, Captain William Russell (Colonial Secretary) and Sir John Hall . When the conference met at the Victorian Parliament in Melbourne on 6 February, the delegates were confronted with a scorching summer maximum temperature of 39.7 °C (103.5 °F) in

7112-805: The Parliament House Construction Authority was created. A two-stage competition was announced, for which the Authority consulted the Royal Australian Institute of Architects and, together with the National Capital Development Commission , made available to competitors a brief and competition documents. The design competition drew 329 entries from 29 countries. The competition winner was the Philadelphia -based architectural firm of Mitchell/Giurgola, with

7239-594: The Parliament met in Parliament House, Melbourne , which it borrowed from the Parliament of Victoria (which sat, instead, in the Royal Exhibition Building until 1927). During this time, Sir Frederick Holder became the first speaker and also the first (and thus far only) parliamentarian to die during a sitting. On 23 July 1909 during an acrimonious debate that had extended through the night to 5 am, Holder exclaimed: "Dreadful, dreadful!" before collapsing as

7366-430: The Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which

7493-401: The United Kingdom – and the federation of the Australian colonies. Federationists such as Edmund Barton, with the full support of his righthand man Richard O'Connor, were careful to maintain good relations with Irish opinion. In the early 1890s, two meetings established the need for federation and set the framework for this to occur. An informal meeting attended by official representatives from

7620-524: The advice of ministers, except for limited circumstances covered by the reserve powers . The upper house of the Australian Parliament is the Senate , which consists of 76 members. Like the United States Senate , on which it was partly modelled, the Australian Senate includes an equal number of senators from each state, regardless of population. The Constitution allows Parliament to determine

7747-421: The average tariff increased relative to the average of the individual colonies' average tariffs prior to federation, according to estimates produced by Melbourne economist Peter Lloyd. Nevertheless, the welfare-enhancing effect of the elimination of tariffs on interstate trade dominated the welfare-reducing effect of higher tariffs on overseas imports, such that the net static welfare gain from Australian federation

SECTION 60

#1732837660551

7874-401: The bill or bills, including any amendments which have been previously proposed in either house, or any new amendments. If a bill is passed by an absolute majority of the total membership of the joint sitting, it is treated as though it had been passed separately by both houses, and is presented for royal assent. With proportional representation, and the small majorities in the Senate compared to

8001-477: The cause of Federation. Gillies's response was predictably cool, given the reluctance of Parkes to bring New South Wales into the Federal Council. In October Parkes travelled north to Brisbane and met with Griffith and Sir Thomas McIlwraith . On the return journey, he stopped just south of the colonial border, and delivered the historic Tenterfield Oration on 24 October 1889, stating that the time had come for

8128-568: The cautious conversion of George Reid to the federal cause. At the close of the Corowa Conference John Quick had advanced a scheme of a popularly elected convention, tasked to prepare a constitution, which would then be put to a referendum in each colony. Winning the support of George Reid, premier of NSW from 1894, the Quick scheme was approved by all premiers in 1895. (Quick and Robert Garran later published The Annotated Constitution of

8255-491: The chamber being dominated by two major political groups, the centre‑right Coalition (consisting of the Liberal and National parties) and the centre‑left Labor Party . The government of the day must achieve the confidence of this House in order to gain and remain in power. The House of Representatives has a maximum term of three years, although it can be dissolved early. The Senate has fixed terms, with half of

8382-561: The chamber. Sometimes the Opposition will " call a quorum " as a tactic to annoy the Government or delay proceedings, particularly when the Opposition feels it has been unfairly treated in the House. Proceedings are interrupted until a quorum is present. It is the responsibility of the government whip to ensure that, when a quorum is called, enough government members are present to form a quorum. Both Houses may determine motions by voice vote :

8509-451: The colonial parliaments took the opportunity to debate the emerging bill and to suggest changes. The basic principles of the 1891 draft constitution were adopted, modified by a consensus for more democracy in the constitutional structure. It was agreed that the Senate should be chosen, directly, by popular vote, rather than appointed by state governments. On other matters there was considerable disagreement. State interests inevitably fractured

8636-457: The colonies arose in the late 1880s, a time when there was increasing nationalism amongst Australians, the great majority of whom were native-born. The idea of being Australian began to be celebrated in songs and poems. This was fostered by improvements in transport and communications, such as the establishment of a telegraph system between the colonies in 1872. The Australian colonies were also influenced by other federations that had emerged around

8763-488: The colonies collectively became states of the Commonwealth of Australia. The efforts to bring about federation in the mid-19th century were dogged by the lack of popular support for the movement. A number of conventions were held during the 1890s to develop a constitution for the Commonwealth. Sir Henry Parkes , Premier of the Colony of New South Wales, was instrumental in this process. Sir Edmund Barton , second only to Parkes in

8890-536: The colonies to consider Australian federation. Through the latter part of 1889, the premiers and governors corresponded and agreed for an informal meeting to be called. The membership was: New South Wales, Parkes (Premier) and William McMillan (Colonial Treasurer); Victoria, Duncan Gillies (Premier) and Alfred Deakin (Chief Secretary); Queensland, Sir Samuel Griffith (Leader of the Opposition) and John Murtagh Macrossan (Colonial Secretary); South Australia, Dr. John Cockburn (Premier) and Thomas Playford (Leader of

9017-489: The confidence of the House, they are expected to call a new election or resign. Parliament may determine the number of members of the House of Representatives but the Constitution provides that this number must be "as nearly as practicable, twice the number of Senators"; this requirement is commonly called the " nexus clause ". Hence, the House presently consists of 151 members. Each state is allocated seats based on its population; however, each original state, regardless of size,

9144-544: The creation of both a customs and a fiscal union. With respect to the customs union, tariffs were abolished on interstate trade (although this process occurred on a phased basis in Western Australia), while all of the colonies adopted the Commonwealth's common external tariff schedule in October 1901. The first federal (Commonwealth) was widely regarded as protectionist; indeed, with respect to imports from outside of Australia,

9271-462: The debates he assisted (Sir) Samuel Griffith, (Sir) Edmund Barton and Charles Cameron Kingston in revising Griffith's original draft of the adopted constitution on the Queensland government's steam yacht, Lucinda; though he was too ill to be present when the main work was done, his own draft had been the basis for most of Griffith's text. Clark's supporters are quick to point out that 86 Sections (out of

9398-448: The event. Dame Nellie Melba sang " God Save the King ". The Duke of York unlocked the front doors with a golden key, and led the official party into King's Hall where he unveiled the statue of his father, King George V . The Duke then opened the first parliamentary session in the new Senate Chamber. In 1978 the Fraser government decided to proceed with a new building on Capital Hill , and

9525-681: The executive and the legislature. Clark's draft also differed from the adopted constitution in his proposal for "a separate federal judiciary", with the new Supreme Court replacing the Privy Council as the highest court of appeal on all questions of law, which would be "a wholesome innovation upon the American system". He became a member of the Constitutional Committee and chairman of the Judiciary Committee. Although he took little part in

9652-511: The federal government and where each state would be represented equally in a strong second chamber—the Senate. Andrew Inglis Clark had given considerable thought towards a suitable constitution for Australia. In May 1890, he travelled to London to conduct an appeal on behalf of the Government of Tasmania before the Privy Council . During this trip, he began writing a draft constitution, taking

9779-576: The federal movement, it may be presumed that this view represents—if not the complete truth—then, at least, the consensus opinion among Australia's "founding fathers". In his 1969 entry on "Clark, Andrew Inglis (1848–1907)" for the Australian Dictionary of Biography , Henry Reynolds offers a more nuanced view: Before the National Australasian Convention in Sydney in 1891 [Clark] circulated his own draft constitution bill. This

9906-422: The federal parliament influence over state policy matters such as public hospitals and schools. The Parliament performs other functions besides legislation. It can discuss urgency motions or matters of public importance : these provide a forum for debates on public policy matters. Senators and members can move motions on a range of matters relevant to their constituents, and can also move motions of censure against

10033-464: The federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government (and the bicameral legislatures) that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901,

10160-432: The form of government that a federation would take. Experience of other federations was less than inspiring. In particular, the United States had experienced its traumatic civil war . The nascent Australian labour movement was less than wholly committed in its support for federation. On the one hand, nationalist sentiment was strong within the labour movement and there was much support for the idea of White Australia . On

10287-464: The generally larger majorities in the House of Representatives, and the requirement that the number of members of the lower house be "nearly as practicable" twice that of the Senate, a joint sitting after a double dissolution is more likely than not to lead to a victory for the lower house over the Senate. This provision has only been invoked on one occasion, after the election following the 1974 double dissolution. However, there are other occasions when

10414-433: The government or individual ministers. On most sitting days in each house there is a session called question time in which senators and members address questions without notice to the prime minister and other ministers. Senators and members can also present petitions from their constituents. Both houses have an extensive system of committees in which draft bills are debated, matters of public policy are inquired into, evidence

10541-589: The great model of plural governance would always be the British Empire, which was not a federation. The Australasian Federal Convention dissolved on 17 March 1898 having adopted a bill "To Constitute the Commonwealth of Australia." Referendums on the proposed constitution were held in four of the colonies in June 1898. There were majority votes in all four, however, the enabling legislation in New South Wales required

10668-559: The instigation of Parkes. Accounts of its origin commonly commence with Lord Carrington , the Governor of New South Wales , goading the ageing Parkes at a luncheon on 15 June 1889. Parkes reportedly boasted that he "could confederate these colonies in twelve months". Carrington retorted, "Then why don't you do it? It would be a glorious finish to your life." Parkes the next day wrote to the Premier of Victoria , Duncan Gillies , offering to advance

10795-513: The legislation of all the colonies. In 1853, FitzRoy was appointed as Governor of Van Diemen's Land , South Australia and Victoria – a pre-federation governor-general of Australia , with wide-ranging powers to intervene in inter-colonial disputes. This title was also extended to his immediate successor, William Denison . In 1847 the Secretary of State for the Colonies Earl Grey drew up

10922-424: The length of his commitment to the federation cause, was the caretaker Prime Minister of Australia at the inaugural national election in March 1901. The election returned Barton as prime minister, though without a majority. This period has lent its name to an architectural style prevalent in Australia at that time, known as Federation architecture , or Federation style. As early as 1842, an anonymous article in

11049-590: The main provisions of the British North America Act, 1867 and its supplements up through 1890, the US Constitution, the Federal Council of Australasia Act , and various Australian colonial constitutions. Clark returned from London by way of Boston , Massachusetts, where he held discussions about his draft with Oliver Wendell Holmes Jr. , and Moncure Conway among others. Clark's draft introduced

11176-432: The most recent redistribution. From 1901 to 1949, the House consisted of either 74 or 75 members (the Senate had 36). Between 1949 and 1984, it had between 121 and 127 members (the Senate had 60 until 1975, when it increased to 64). In 1977, the High Court ordered that the size of the House be reduced from 127 to 124 members to comply with the nexus provision. In 1984, both the Senate and the House were enlarged; since then

11303-435: The motion move to the right side of the chamber (the side to the Speaker's or President's right), and those opposed move to the left. They are then counted by "tellers" (government and opposition whips), and the motion is passed or defeated accordingly. In the Senate, in order not to deprive a state of a vote in what is supposed to be a states' house, the president is permitted a vote along with other senators (however, that right

11430-428: The new federal capital would be located in New South Wales, but at least a hundred miles (160 km) distant from Sydney; and, in the circumstances of a double dissolution, reducing from six tenths to one half the requisite majority to legislate of a subsequent joint meeting of Senate and House. In June 1899, referendums on the revised constitution were held again in all the colonies except for Western Australia , where

11557-561: The nomenclature and form which was subsequently adopted: Upon his return to Hobart in early November 1890, with the technical aid of W. O. Wise , the Tasmanian Parliamentary Draftsman, Clark completed the final form of the Draft Constitution and had a number of copies printed. In February 1891, Clark circulated copies of his draft to Parkes, Barton and probably Playford as well. This draft was always intended to be

11684-446: The number of senators by legislation, provided that the six original states are equally represented. Furthermore, the Constitution provides that each original state is entitled to at least six senators. However, neither of these provisions applies to any newly admitted states, or to territories. Since an act was passed in 1973, senators have been elected to represent the territories. Currently, the two Northern Territory senators represent

11811-552: The on-site work directed by the Italian-born architect Romaldo Giurgola , with a design which involved burying most of the building under Capital Hill, and capping the edifice with an enormous spire topped by a large Australian flag . The façades, however, included deliberate imitation of some of the patterns of the Old Parliament House, so that there is a slight resemblance despite the massive difference of scale. The building

11938-460: The only concerns of those resistant to federation. Smaller colonies also worried about the abolition of tariffs , which would deprive them of a large proportion of their revenue, and leave their commerce at the mercy of the larger states. New South Wales, traditionally free-trade in its outlook, wanted to be satisfied that the federation's tariff policy would not be protectionist. Victorian Premier James Service described fiscal union as "the lion in

12065-417: The other hand, labour representatives feared that federation would distract attention from the need for social and industrial reform, and further entrench the power of the conservative forces. The federal conventions included no representatives of organised labour. In fact, the proposed federal constitution was criticised by labour representatives as being too conservative. These representatives wanted to see

12192-408: The presiding officer puts the question, and, after listening to shouts of "Aye" and "No" from the members, announces the result. The announcement of the presiding officer settles the question, unless at least two members demand a " division ", or a recorded vote. In that case the bells are rung throughout Parliament House summoning Senators or Members to the chamber. During a division, members who favour

12319-474: The project, as he felt it was a waste of money and expenditure on it could not be justified at the time. Nevertheless, he designed the building by default. The construction of Old Parliament House , as it is called today, commenced on 28 August 1923 and was completed in early 1927. It was built by the Commonwealth Department of Works, using workers and materials from all over Australia. The final cost

12446-508: The question of Australian federation. The committee reported in favour of a federal assembly being established, but the government changed in the meantime, and the question was shelved. Also in 1857, in England , William Wentworth founded the "General Association for the Australian Colonies", whose object was to obtain a federal assembly for the whole of Australia. While in London, Wentworth produced

12573-571: The residents of the Northern Territory as well as the Australian external territories of Christmas Island and the Cocos (Keeling) Islands . The two Australian Capital Territory senators represent the Australian Capital Territory, the Jervis Bay Territory and since 1 July 2016, Norfolk Island . Only half of the state Senate seats go up for re-election each three years (except in the case of

12700-415: The same election, it is easier for smaller parties to win seats under the single transferable vote system: the quota for the election of each senator in each Australian state in a full Senate election is 7.69% of the vote, while in a normal half-Senate election the quota is 14.28%. If the conflict continues after such an election, the governor-general may convene a joint sitting of both houses to consider

12827-552: The shade. The Conference debated whether or not the time was ripe to proceed with federation. While some of the delegates agreed it was, the smaller states were not as enthusiastic. Thomas Playford from South Australia indicated the tariff question and lack of popular support as hurdles. Similarly, Sir James Lee Steere from Western Australia and the New Zealand delegates suggested there was little support for federation in their respective colonies. A basic question at this early assembly

12954-412: The smaller colonies, disliked the very idea of delegating power to a national government; they feared that any such government would inevitably be dominated by the more populous New South Wales and Victoria. Queensland, for its part, worried that the advent of race-based national legislation would restrict the importing of kanaka labourers, thereby jeopardising its sugar cane industry. These were not

13081-448: The sparsely built nature of Canberra of the time and its small population. The building was extensively decorated with Union Jacks and Australian flags and bunting. Temporary stands were erected bordering the lawns in front of the Parliament and these were filled with crowds. A Wiradjuri elder, Jimmy Clements , was one of only two Aboriginal Australians present, having walked for about a week from Brungle Station (near Tumut ) to be at

13208-688: The state senators' terms expiring every three years (the terms of the four territory senators are linked to House elections). As a result, House and Senate elections almost always coincide. A deadlock-breaking mechanism known as a double dissolution can be used to dissolve the full Senate as well as the House if the Senate refuses to pass a piece of legislation passed by the House. The two houses of Parliament meet in separate chambers of Parliament House (except in rare joint sittings ) on Capital Hill in Canberra , Australian Capital Territory . The Commonwealth of Australia came into being on 1 January 1901 with

13335-703: The sudden advent of the Labor Party in NSW, which commonly dismissed federation as a "fad". The subsequent revival of the federal movement owed much to the growth of federal leagues outside of capital cities, and, in Victoria, the Australian Natives' Association . The Border Federation League of Corowa held a conference in 1893 which was to prove of considerable significance, and a "People's Convention" in Bathurst in 1896 underlined

13462-425: The support of at least 80,000 voters for passage, equivalent to about half of enrolled voters, and this number was not reached. A meeting of the colonial premiers in early 1899 agreed to a number of amendments to make the constitution more acceptable to New South Wales. These included the limiting Braddon Clause , which guaranteed the states 75 percent of customs revenue, to just ten years of operation; requiring that

13589-469: The two houses meet as one. In addition to the work of the main chambers, both the Senate and the House of Representatives have a large number of investigatory and scrutiny committees which deal with matters referred to them by their respective houses or ministers. They provide the opportunity for all members and senators to ask questions of witnesses, including ministers and public officials, as well as conduct inquiries, and examine policy and legislation. Once

13716-523: The unity of delegates in matters involving rivers and railways, producing legalistic compromises. And they had few guides, at a conceptual level, to what they were doing. Deakin greatly praised James Bryce 's appreciation of American federalism, The American Commonwealth . And Barton cited the analysis of federation of Bryce's Oxford colleagues, E.A. Freeman and A.V. Dicey. But neither of these two writers could be said to be actual advocates of Federation. For delegates less given to reading (or citing) authors,

13843-452: The vote was not held until the following year. The majority vote was yes in all the colonies. The bill as accepted by the colonies (except Western Australia, which voted after the act was passed by the British parliament) was sent to Britain to be enacted as an act passed by British Parliament. The Commonwealth of Australia Constitution Act 1900 (Imp) was passed on 5 July 1900 and given royal assent by Queen Victoria on 9 July 1900. It

13970-399: The way" of federation. A further fundamental issue was how to distribute the excess customs duties from the central government to the states. For the larger colonies, there was the possibility (which never became an actuality) that they could be required to subsidise the struggling economies of Tasmania, South Australia and Western Australia. Even without the concerns, there was debate about

14097-611: The world, particularly the United States and Canada. Sir Henry Parkes , then colonial secretary of New South Wales, first proposed a Federal Council body in 1867. After it was rejected by the British Secretary of State for the Colonies, the Duke of Buckingham , Parkes brought up the issue again in 1880, this time as the premier of New South Wales . At the conference, representatives from Victoria, New South Wales and South Australia considered

14224-478: Was about £600,000, which was more than three times the original estimate. It was designed to house the parliament for a maximum of 50 years until a permanent facility could be built, but was actually used for more than 60 years. The building was opened on 9 May 1927 by the Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother ). The opening ceremonies were both splendid and incongruous, given

14351-501: Was accompanied by two motions raised by the Attorney-General of Australia , Christian Porter , and passed on 23 March 2020. One motion was designed to allow MPs to participate in parliament by electronic means, if agreed by the major parties and the speaker; the second determined that with the agreement of the two major parties, the standing orders could be amended without requiring an absolute majority. The Constitution establishes

14478-413: Was also designed to sit above Old Parliament House when seen from a distance. Construction began in 1981, and the House was intended to be ready by Australia Day , 26 January 1988, the 200th anniversary of European settlement in Australia . It was expected to cost $ 220 million. Neither the deadline nor the budget was met. In the end it cost more than $ 1.1 billion to build. New Parliament House

14605-478: Was announced on 30 June 1914 to design Parliament House, with prize money of £7,000. However, due to the start of World War I the next month, the competition was cancelled. It was re-announced in August 1916, but again postponed indefinitely on 24 November 1916. In the meantime, John Smith Murdoch , the Commonwealth's chief architect, worked on the design as part of his official duties. He had little personal enthusiasm for

14732-456: Was briefly a member between 1888 and 1890. The Federal Council had powers to legislate directly upon certain matters, and did so to effect the mutual recognition of naturalisations by colonies, to regulate labour standards in the employment of Pacific Island labour in fisheries, and to enable a legal suit to be served outside the colony in which it was issued, "a power valuable in matters ranging from absconding debtors to divorce proceedings". But

14859-555: Was established endorsed the continuing role that the Imperial Parliament would have in the development of Australia's constitutional structure. In terms of the Federal Council of Australia Act , the Australian drafters established a number of powers dealing with their common interests which would later be replicated in the Australian Constitution, especially section 51 . The individual colonies, Victoria excepted, were somewhat wary of Federation. Politicians, particularly those from

14986-645: Was finally opened by Elizabeth II, Queen of Australia , on 9 May 1988, the anniversary of the opening of both the first Federal Parliament in Melbourne on 9 May 1901 and the Provisional Parliament House in Canberra on 9 May 1927. In March 2020, the 46th Parliament of Australia was suspended due to the COVID-19 pandemic in Australia ; an adjournment rather than prorogation . Its committees would continue to operate using technology. This unprecedented move

15113-475: Was how to combine federalism and responsible government. Parkes suggested the Canadian model, which federated with the British North America Act, 1867 , to be similarly adopted in Australia. However, delegates from the smaller states were not enthusiastic, with John Alexander Cockburn of South Australia seeing the Canadian model as a "coercive" and "homogeneous National Union". Andrew Inglis Clark ,

15240-410: Was introduced in order to reduce a high rate of informal voting but in 2016, group tickets were abolished to end the influence that preference deals amongst parties had on election results and a form of optional preferential voting was introduced. Section 15 of the Constitution provides that a casual vacancy of a senator shall be filled by the state Parliament. If the previous senator was a member of

15367-457: Was made. Issues of the respective legislative powers, the role of the states, the power of amendment and financial questions were the detail of the debate that the framers were about to address in 1891. As to who was responsible for the actual detailed drafting, as distinct from the broad structure and framework of the 1891 draft, John Williams (for one) is in no doubt: In terms of style there can be little argument that Inglis Clark's Constitution

15494-588: Was mixed with the Westminster system by which the Prime Minister and other ministers would be appointed by the representative of the British Crown from among the members of the political party holding a majority in the lower House. Griffith identified with great clarity at the Sydney Convention perhaps the greatest problem of all: how to structure the relationship between the lower and upper houses within

15621-690: Was practically a transcript of relevant provisions from the British North American Act, the United States Constitution and the Federal Council Act, arranged systematically, but it was to be of great use to the drafting committee at the convention. Parkes received it with reservations, suggesting that "the structure should be evolved bit by bit". George Higinbotham admitted the "acknowledged defects & disadvantages" of responsible government, but criticized Clark's plan to separate

15748-521: Was proclaimed on 1 January 1901 in Centennial Park , Sydney. Sir Edmund Barton was sworn in as the interim Prime Minister , leading an interim Federal ministry of nine members. The new constitution established a bicameral Parliament, containing a Senate and a House of Representatives . The office of governor-general was established as the Queen's representative; initially, as a representative of

15875-591: Was the British rejection of Queensland's unilateral annexation of New Guinea and the British Government wish to see a federalised Australasia. The convention was called to debate the strategies needed to counter the activities of the German and French in New Guinea and in New Hebrides . Sir Samuel Griffith , the premier of Queensland , drafted a bill to constitute the Federal Council. The conference successfully petitioned

16002-536: Was the low voter turnout (59.38%) at the 1922 federal election , down from 71.59% at the 1919 federal election . Compulsory voting was not on the platform of either the Stanley Bruce -led Nationalist/Country party coalition government or the Matthew Charlton -led Labor opposition. The actual initiative for change was made by Herbert Payne , a backbench Tasmanian Nationalist Senator who on 16 July 1924 introduced

16129-453: Was the process by which the six separate British self-governing colonies of Queensland , New South Wales , Victoria , Tasmania , South Australia (which also governed what is now the Northern Territory ), and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia . The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join

#550449