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The Double Dissolution Process: Questions and References

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The Double Dissolution Process: Questions and References 2002–03 No. 45, 23 June 2003 The Double Dissolution Process: Questions and References This Research Note provides brief granted within 6 months of the Constitution – section 57 answers to a few commonly-asked expiry of the House of If the House of Representatives passes questions about the double Representatives. Currently, this any proposed law, and the Senate 1 means that a double dissolution rejects or fails to pass it, or passes it dissolution process. with amendments to which House will could not be granted after not agree, and if after an interval of What is the double dissolution 11 August 2004 and an election process? three months the House of held no later than 16 October 2004.5 Representatives, in the same or the A Bill must fail twice in the Senate next session, again passes the to become a 'trigger' for a possible Are there any rules about proposed law with or without any triggers? amendments which have been made, double dissolution election. It may suggested, or agreed to by the Senate, be re-introduced at any time within The process of a Government and the Senate rejects or fails to pass it, collecting multiple bills that satisfy or passes it with amendments to which a Parliamentary term, but there the House of Representatives will not must be a minimum interval of 3 the conditions of section 57 is agree, the Governor-General may months between the first failure in sometimes known as the dissolve the Senate and the House of the Senate and the passage of the 'stockpiling of triggers'. Representatives simultaneously. But such dissolution shall not take place Bill in the House of Representatives Any Bill that has met section 57 2 within six months before the date of the the second time. conditions and originates in the expiry of the House of Representatives by effluxion of time. It is worth noting that there is some House of Representatives can be a If after such dissolution the House of doubt about the constitutional trigger. Representatives again passes the words 'fails to pass' or passed with There need only be one trigger for proposed law, with or without any 'amendments to which the House of the Prime Minister to advise a amendments which have been made, 3 suggested or agreed to by the Senate, Representatives will not agree'. double dissolution and there are no and the Senate rejects or fails to pass it, rules limiting the number of or passes it with amendments to which Joint sitting triggers. the House of Representatives will not Following a double dissolution agree, the Governor-General may convene a joint sitting of the members election, if the Bill is re-introduced There are no requirements for the 6 of the Senate and of the House of and fails in the Senate for a third trigger to be important. The Representatives time, there is provision for a joint disagreement need not be current at The members present at a joint sitting sitting of the Senate and the House the time of the dissolution.7 may deliberate and shall vote together of Representatives where the Bill is upon the proposed law as last proposed Does a reintroduced Bill need by the House of Representatives, and voted on by the House of to be identical? upon amendments, if any, which have Representatives and Senate as one A Bill re-introduced into the House been made therein by one House and group. The Bill must pass with an not agreed to by the other, and any of Representatives for the second absolute majority, which is over such amendments which are affirmed time, or following a double by an absolute majority of the total half of the total number of Members dissolution election, can only differ number of the members of the Senate and Senators. There has only been and House of Representatives shall be insofar as it contains amendments one such joint sitting, in 1974. taken to have been carried, and if the that have been made, suggested or proposed law, with the amendments, if any, so carried is affirmed by an When can a double agreed to by the Senate. absolute majority of the total number of dissolution be held? Could the Governor-General the members of the Senate and House The Prime Minister can advise the of Representatives, it shall be taken to refuse the advice? Governor-General to dissolve both have been duly passed by both Houses This has not yet happened and of the Parliament, and shall be Houses of Parliament and call a would be most unlikely.8 It may be presented to the Governor-General for double dissolution election at any the Queen's assent. a possibility in cases where the time after a Bill fails twice in the criteria of section 57 have clearly Senate.4 The only limitation is that not been met.9 By convention, the the double dissolution cannot be advice to the Governor-General is This Research Note has focused on made public.10 the mechanics of section 57. Protection Measures) Bill 2002 Of course, the decision of whether [No.2] What happens to the Senate? to call a double dissolution is 5. The current House of A double dissolution election Representatives expires on ultimately a political judgement. 11 February 2005. For further requires that the entire Senate is information, see R. Lundie, dissolved and re-elected. This is 1. Note also S. Sen, 'The Double 'Timetable for the Next different from a usual half-Senate Dissolution Process' Audio Brief Commonwealth Election,' election. In order to re-establish the (forthcoming). For summaries of Research Note, No. 37, 2001–02, staggered Senate election pattern the process, see House of 14 May 2002. 6. Quick and Garran, op. cit., state following a double dissolution, it is Representatives Infosheet No. 18, and Senate Brief No. 7. For that 'There is no limit to or practice for the first 6 Senators history and detail of double qualification of the class of elected in each state to be given dissolutions see Chapter 3, measures which may become the 6-year terms and the last 6 to be Odgers Senate Practice, ed. subject of the deadlock given 3-year terms. H. Evans, 2001 and Chapter 13, procedure', p. 685. House of Representatives 7. CJ Mason, Western Australia v Detailed discussion of relevant Practice, ed. I. Harris, 2001. For Commonwealth (1975) 134 CLR political processes are included in discussion of the 1890s 201 at 265. the Parliamentary Library Research Convention debates and review of 8. The previous double dissolution proposed options for reform of elections were in 1914, 1951, Paper, 'Deadlock? What section 57, see J. Richardson, 1974, 1975, 1983 and 1987. 11 Deadlock'. 'Resolving Deadlocks in the 9. Williams, op. cit. Whether the Australian Parliament', Research Governor-General has a discretion A recent statement from the Prime Paper, No. 9, 2000–01, not to grant is unclear. See Minister recognises the possibility 31 October 2000. Republic Advisory Committee that such an election might not have 2. In the first commentary on the Report, An Australian Republic – as good an outcome for the Constitution, Quick and Garran the Options, Vol. 2, p. 271. Government as the normal state that 'the interval is required 10. Copies of these advices are in to give time for consideration and Richardson, op. cit. half-Senate election.12 conciliation…', The Annotated 11. M. Healy, 'Deadlock? What Constitution of the Australian How could a double Deadlock? Section 57 at the Commonwealth, 1901, p. 685. dissolution affect the electoral Centenary of Federation,' cycle? 3. For discussion of 'fail to pass', see Research Paper, No. 2, 2000–01, P. O'Keefe, 'Double Dissolution 27 July 2000. Following a double dissolution Bills and Elections' The House 12. The Hon John Howard MP, election, Senators' terms are Magazine, 21 June 1995, p. 3. Closing Address to the Liberal Debate over passage with backdated to the previous 1 July.13 Party National Convention, unacceptable amendments The House of Representatives term 8 June 2003. The quota for emerged in relation to the Native election to the Senate is halved, begins when it first meets after the Title Amendment Bill 1997. See thereby increasing the possibility election. G. Williams, 'The Road to a of the election of independent and Double Dissolution', Research minor party candidates. If a double dissolution election was Note 29, 1997–98, 3 March 1998, 13. Australian Constitution, held on 1 May, for example, those and H. Evans, 'Constitution, section 13. Senate terms terms would be backdated to the section 57: Comments on article commence on 1 July following a by George Williams', normal election. previous 1 July. Senators with Constitutional Law and Policy 3-year terms would thus become Review, Vol. 1, No. 2, Sudip Sen due for re-election about a year August 1998, p. 39. Law and Bills Digest Group earlier than the full term of the 4. On 26 June 2003, 6 triggers Information and Research existed: Family and Community House of Representatives. Services Services Legislation Amendment (Disability Reform) Bill (No. 2) Views expressed in this Research Note are In order to avoid holding costly those of the author and do not necessarily 2002 [No. 2], Workplace separate half-Senate and House of reflect those of the Information and Relations Amendment (Secret Research Services and are not to be Representatives elections, it is Ballots for Protected Action) Bill attributed to the Department of the likely that an election for the House 2002 [No.2], Workplace Relations Parliamentary Library. Research Notes Amendment (Fair Dismissal) Bill provide concise analytical briefings on of Representatives would be held at issues of interest to Senators and the same time as the half-Senate 2002 [No.2], Trade Practices Members.
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