A Parliament

Parliaments are numbered in arithmetical series, the 1st Parliament being from May 1901 to November 1903. The 45th Parliament commenced on 30 August 2016. Appendix 15 lists the significant dates of each Parliament since 1901.

The duration of a Parliament is directly related to the duration of the House of Representatives. Having met, pursuant to the Governor-General’s proclamation, a Parliament continues until the House of Representatives expires by effluxion of time three years from the first meeting of the House, or until the House is sooner dissolved by the Governor-General.[8] The House is dissolved by proclamation of the Governor-General.

It is usual for a Parliament to be terminated by dissolution, and only one House of Representatives has expired by effluxion of time.[9] A dissolution may occur near to the three year expiry time or it may occur prematurely for political reasons.[10] On seven occasions (1914, 1951, 1974, 1975, 1983, 1987 and 2016) the premature termination of the House of Representatives (and hence the Parliament) has coincided with the dissolution of the Senate, that is, the House and the Senate were dissolved simultaneously.[11]

Summoning Parliament

The Constitution provides that Parliament must be summoned to meet not later than 30 days after the day appointed for the return of the writs.[12] The day for the new Parliament to assemble is fixed by the Governor-General by proclamation. The day fixed may be before the day by which writs are to be returned.

In the proclamation summoning Parliament to meet after a general election the constitutional authority, which provides that the Governor-General may appoint such times for holding the sessions of the Parliament as the Governor-General thinks fit, is cited. The Governor-General appoints a day for the Parliament to assemble for the despatch of business, and Senators and Members are required to give their attendance at Parliament House, Canberra, at a time specified on that day. Usually, the day fixed is a Tuesday and in recent years the time fixed has been 10.30 am. The Clerk of the House writes to all Members, as soon as the gazettal of the proclamation is made, informing them of the proclamation and the date and time appointed for the assembly of the Parliament.[13]

Proceedings on opening day

The proceedings on the meeting of a new Parliament are characterised by a combination of the traditional and ceremonial elements of parliamentary custom and practice which is reflected in part by the standing orders.

These standing orders[14] reflect two principles of parliamentary custom:

• that the House is not properly constituted until it has elected its Speaker, which is its first action as a House; and
• that the House does not proceed to the despatch of business until the Speaker has been presented to, and it has heard the speech of, the Governor-General.[15]

The Sovereign may declare in person the causes of the calling together of a new Parliament but this has not occurred to date (but see page 231).[16]

Welcoming ceremony

Opening proceedings of the 42nd Parliament in 2008 were preceded by a Welcome to Country ceremony in Members’ Hall, led by an elder of the Indigenous people of the Canberra region. Since June 2010 the standing orders have provided for local Indigenous people to be invited to conduct a ceremony of welcome prior to Members assembling in the House of Representatives.[17] The ceremony of welcome for the 43rd Parliament took place in the forecourt, and for the 44th and 45th Parliaments in the Great Hall.

House assembles and Parliament opened

On the day appointed for the Parliament to assemble, the bells are rung for five minutes before the appointed time. Prior to the bells ceasing to ring, the Serjeant-at-Arms places the Mace below the Table, as the House at that stage has not elected a Speaker.

When the bells cease ringing, the Clerk of the House reads the proclamation summoning Parliament. Traditionally, the Usher of the Black Rod, having been directed by the Governor-General’s Deputy (or the Senior Deputy where two Deputies have been appointed) to request the attendance of Members of the House in the Senate Chamber, is admitted and orally delivers the message from the Bar of the House. Members, led by party leaders, preceded by the Serjeant-at-Arms (without the Mace) and the Clerk, Deputy Clerk and a Clerk Assistant, proceed to the Senate Chamber where the Deputy addresses the Members of both Houses.[18] The following form of words was used at the opening of the 45th Parliament:

His Excellency the Governor-General has appointed me as his Deputy to declare open the Parliament of the Commonwealth. The Clerk of the Senate will now read the instrument of appointment.[19]

After the instrument is read the Deputy declares the Parliament open.[20] The Deputy then informs the Members of both Houses that, after certain Senators[21] and Members have been sworn and the Members of the House have elected their Speaker, the Governor-General will declare the causes of the calling together of the Parliament. The Deputy then retires and Members return to the House to await the arrival of the Deputy to administer the oath or affirmation.

Deputy appointed by Governor-General

The Deputy appointed by the Governor-General to declare open the Parliament is ordinarily a Justice of the High Court. It is usual for the Chief Justice to be appointed the Deputy. The Chief Justice (or other judge) is also authorised by the Governor-General to administer the oath or affirmation of allegiance to Members. A second judge[22] is given the necessary authority when a large number of Senators are to be sworn in, such as at the opening of Parliament following a double dissolution. Should only one judge be authorised to administer oaths/affirmations in such situations, Members of the House would have a lengthy wait while Senators were sworn in. The simultaneous swearing in of Senators and Members is also regarded as symbolic of the independence of the Houses.

Members sworn

On Members returning to the House and after an interval of some minutes, the judge, who is received standing, is escorted to the Speaker’s Chair, and his or her authority from the Governor-General to administer the oath or affirmation is read by the Clerk. Returns to the writs for the general election[23] (including returns to writs for supplementary elections[24]), showing the Member elected for each electoral division, are presented by the Clerk.[25] For these purposes the names of Members shown on the writs, called by the Clerk and recorded in the Votes and Proceedings, are as given by Members on their nomination forms, so that, for example, sometimes an abbreviated first name is shown, or the name of a person who has married and changed her name since nomination will be shown as it was at the time of nomination. Members then come to the Table, in groups in the order in which they are called, to be sworn in. After making the oath or affirmation, and signing the oath or affirmation form, Members return to their seats.[26] When all Members present have been sworn in, the judge signs the attestation forms and retires, preceded by the Serjeant-at-Arms.

Members not sworn in at this stage may be sworn in later in the day’s proceedings[27] or on a subsequent sitting day by the Speaker, who receives an authority from the Governor-General to administer the oath or affirmation. As the Constitution provides that every Member shall take and subscribe an oath or affirmation of allegiance before taking his seat,[28] a Member may take no part in the proceedings of the House until this occurs.[29]

Election of Speaker

After Members have been sworn in, the Clerk of the House, acting as chair, informs the House that the next business is the election of Speaker. The Speaker is then elected in the manner prescribed by the standing orders,[30] following which the Serjeant-at-Arms places the Mace upon the Table and the party leaders offer their congratulations. The Prime Minister then informs the House of the time when the Governor-General will receive the Speaker—for example, ‘immediately after the resumption of sitting at 2.30 pm’. The Speaker announces that the bells will ring for five minutes before the time of presentation so that Members may assemble in the Chamber and accompany the Speaker, when they may, if they so wish, be introduced to the Governor-General. The sitting is then suspended.

Presentation of Speaker to Governor-General

Members reassemble in the Chamber at the appointed time and the Speaker enters the Chamber, preceded by the Serjeant-at-Arms, and resumes the Chair. When it is made known to the Speaker that the Governor-General is ready, the Speaker states that he or she would be glad if Members would attend with him or her to wait upon the Governor-General.[31] The Speaker, preceded by the Serjeant-at-Arms (carrying the Mace which is covered in the presence of the Governor-General), accompanied by the Clerk, Deputy Clerk and a Clerk Assistant and followed by party leaders and Members, proceeds to meet the Governor-General.

On return to the House in procession, the Speaker formally reports his or her presentation to the Governor-General and lays on the Table the authority received from the Governor-General to administer the oath or affirmation of allegiance to Members.[32] Oaths or affirmations are then administered to any Members not already sworn in.[33] Unlike Members elected to the House at by-elections, Members sworn in at this stage are not escorted by sponsors.[34]

Governor-General’s speech

In the meantime the sitting of the Senate, having earlier been suspended until such time as the Governor-General has appointed (usually 3 pm), resumes and the Governor-General is escorted by the Usher of the Black Rod to the Vice-Regal Chair on the dais in the Senate Chamber. Black Rod is then directed by the Governor-General to inform the Members of the House that their attendance is required in the Senate Chamber. Black Rod proceeds to the House of Representatives and, in keeping with tradition, knocks three times on the Chamber door. On recognising Black Rod the Serjeant-at-Arms informs the Speaker of Black Rod’s presence. The Speaker directs that Black Rod be admitted and Black Rod then announces the Governor-General’s message. The Speaker, preceded by the Serjeant-at-Arms (carrying the Mace which is left covered at the entrance to the Senate Chamber), accompanied by the Clerk, Deputy Clerk and a Clerk Assistant, and followed by party leaders and Members, proceeds to the Senate Chamber.[35] The Governor-General invites the Speaker to be seated. Members, after bowing to the Governor-General, take seats in the Senate Chamber.

The Governor-General then declares the causes of the calling together of the Parliament. In this speech, termed the Governor-General’s ‘opening speech’, the affairs of the nation are reviewed briefly and a forecast given of the Government’s proposed program of legislation for the session. The speech is normally of about 30 minutes duration.[36] At the conclusion of the speech a copy is presented to the Speaker by the Governor-General’s Official Secretary,[37] and an artillery salute is fired. The Governor-General retires from the Senate Chamber, after which the Speaker and Members return to the House in procession.

Formal business

There is a traditional practice in both Houses of the United Kingdom Parliament of reading a bill a first time before the Queen’s Speech is reported, in order to assert the right of each House to deliberate without reference to the immediate cause of summons.[38] This practice has been adopted by the House of Representatives, the standing orders providing that ‘Before the Governor-General’s Speech is reported some formal business shall be transacted and the Prime Minister may announce his or her ministry’.[39] Business which has preceded the reporting of the speech also includes announcements by the Prime Minister of other government party appointments and by the leaders of the other parties informing the House of their party appointments. A non-contentious bill, known as the ‘formal’ bill or ‘privilege’ bill, is then presented, usually by the Prime Minister. The bill is read a first time and the second reading made an order of the day for the next sitting.[40] The order of the day is placed on the Notice Paper and nowadays remains at or near the bottom of the list of items of government business throughout the session, the bill lapsing at prorogation or dissolution.

There is no prescribed or traditional form or title for the ‘privilege’ bill.[41] In earlier times the ‘privilege’ bill has been passed into law,[42] although it was customary not to proceed beyond the first reading stage before consideration of the Governor-General’s speech.[43] However, in recent times it has been the practice for the ‘privilege’ bill not to proceed beyond the first reading stage even after consideration of the Governor-General’s speech. Although the ‘privilege’ bill is not proceeded with, its provisions may be incorporated in another bill introduced and passed later in the Parliament.[44]

The Procedure Committee has pointed out ‘a fundamental flaw’ in the practice of presenting the privilege bill, an item of government business, as an assertion of the House’s independence from the executive arm of government. The committee recommended that it be replaced by a motion, in the form of a resolution of commitment to the Australian people.[45] However, the recommendation has not been adopted.

Report of Governor-General’s speech and Address in Reply Committee

The Speaker then formally reports the Governor-General’s speech, after which a committee to prepare an Address in Reply to the speech is appointed on motion[46] usually moved by the Prime Minister. The motion names the Members to form the committee, which traditionally consists of the Prime Minister and two other Members of the government party or parties (usually backbench Members elected for the first time at the preceding general election, or with relatively short periods of service in the House).[47] The motion to appoint the committee is normally agreed to without debate. The committee presents a report in terms of the proposed Address in Reply later that day,[48] or, more usually, at the next sitting.[49]

The Address in Reply is a short resolution expressing loyalty to the Queen and thanks to the Governor-General (see page 235). In the United Kingdom House of Commons the Address in Reply was originally an answer, paragraph by paragraph, to the royal speech, prepared by a committee appointed for that purpose. However, the appointment of the committee was discontinued over a century ago. Current United Kingdom practice is that two Members are selected by the Government to move and second the Address, which is moved in the form of a short resolution expressing thanks to the Sovereign.[50]

At this point the formal and regular proceedings of the opening day have been completed and it is then customary for the sitting to be suspended until an appointed time, usually 5 pm, in order that guests of the Parliament present for the occasion may be offered some light refreshment. Alternatively the House may adjourn until the next sitting.

Other business

If the House does not then adjourn, it is free to proceed to other business. However, the initiation of business generally requires that notice be given, and this limits the business that can be dealt with unless leave of the House is granted[51] or standing orders are suspended (there is no Notice Paper for the first day of sitting). Condolence motions or references to deaths of former Members or Senators or other persons have taken place,[52] after which the House may suspend or adjourn as a mark of respect.[53] The election of the Deputy Speaker and Second Deputy Speaker may be conducted,[54] a copy of an election petition has been presented,[55] committees have been appointed and members of committees nominated,[56] and sessional orders[57] or amendments to standing orders[58] agreed to. A program of sittings may be agreed to,[59] and statements made by indulgence on matters of importance.[60] Appropriation and supply bills have been introduced.[61] Although it is not a common practice, the ordinary order of business has been proceeded with, including the presentation of petitions,[62] questions without notice,[63] the presentation of documents,[64] and ministerial statements.[65] Notices have been given (they can be lodged with the Clerk at any time after the election of Speaker).

A motion of censure of the Government has been moved, following the suspension of standing orders.[66] On one occasion standing orders were suspended to enable steps to be taken to obtain supply and to pass a supply bill through all stages without delay. The supply bill was agreed to and returned from the Senate, without requests, that day.[67]

Proposed new arrangements for opening day

For proposals to change the arrangements for opening day see earlier editions (6th edition, pages 222–23).

Dissolution

The most common way for a Parliament to be terminated is by the dissolution of the House of Representatives, such dissolution being made by proclamation by the Governor-General.[68] On seven occasions the Parliament has been terminated by the simultaneous dissolution of the House of Representatives and the Senate[69] and one Parliament expired by effluxion of time (see page 228).

In the proclamation dissolving the House of Representatives the provision of section 5 of the Constitution, whereby the Governor-General may dissolve the House, is cited, and the House is dissolved (the date and time of dissolution is normally specified). Since 1993 the Parliament has been prorogued (see page 231) prior to the dissolution of the House. This may be done by separate proclamation[70] but sometimes the proclamation dissolving the House has also prorogued the Parliament.[71]

The proclamation is published in the Commonwealth Gazette and read from the front of Parliament House by the Official Secretary to the Governor-General immediately prior to the hour of dissolution.[72] This practice was adopted in 1963 following doubts being raised by the Attorney-General as to whether publication of the proclamation in the Gazette would be sufficient to proclaim it for the purposes of section 5 of the Constitution. It was considered that section 17(j) of the Acts Interpretation Act 1901 which makes publication in the Gazette sufficient publication for the purposes of Commonwealth Acts, was not applicable as the proclamation is not made under a Commonwealth Act.[73]

The modern practice is that the Official Secretary reads the proclamation from the front of Parliament House, accompanied by the Clerk of the House, the Deputy Clerk and the Serjeant-at-Arms. The House staff then return to the entrance to the House of Representatives Chamber and the Clerk of the House posts a copy of the proclamation at the door of the Chamber. An artillery salute may be fired at the precise time of dissolution to mark the end of the Parliament.

Staff of the Senate have attended the reading of the proclamation by the Official Secretary of the Governor-General on the occasion of a simultaneous dissolution of both Houses. They have not attended when the Parliament is prorogued and only the House is being dissolved. At the 2016 simultaneous dissolution, only the Clerks of both Houses attended the reading of the proclamation.

Effects of dissolution

Dissolution has the following effects on the House of Representatives:[74]

• all proceedings pending come to an end—that is, all business on the Notice Paper lapses;
• Members of the House cease to be Members, although those who renominate continue to receive their allowances up to and including the day prior to the day fixed for the election;[75] Ministers, however, continue in office[76] and the Speaker is deemed to be Speaker for administrative purposes until a Speaker is chosen in the next Parliament;[77]
• any sessional or other such non-ongoing orders or resolutions cease to have effect;
• all House committees, and all joint committees (whether established by Act or resolution), cease to exist.

It is considered desirable for bills passed during a session to be assented to before the dissolution proclamation is made.[78]

If a notice of a motion to disallow a legislative instrument lapses because of the dissolution, the legislative instrument concerned is deemed to be presented to the House on the first sitting day after the dissolution,[79] so allowing full opportunity for the notice of disallowance to be given again in the next Parliament. If there is no disallowance notice the count of 15 sitting days within which one may be given continues into the next Parliament.

Constitutionally, it is the House of Representatives that is regularly dissolved for electoral purposes and not the Senate. The Senate’s existence (coupled with its electoral system) is continuous in character, except in the circumstances of the simultaneous dissolution of both Houses.

There would be considerable constitutional and legal doubt in respect of any proposal for the meeting of the Senate after the dissolution of the House unless specific statutory or constitutional provision was made. The Senate has not met after a dissolution of the House has occurred but has passed a resolution which, according to Odgers, in effect asserts its right to do.[80] (See also ‘Effects of prorogation’ at page 234.)

Expiry

Section 28 of the Constitution provides that a House of Representatives may ‘continue for three years from the first meeting of the House, and no longer’. This requirement is interpreted as meaning that a Parliament not earlier dissolved expires at midnight on the day before the third anniversary of the first day of sitting.[81] The 3rd Parliament has been the only one to expire by effluxion of time. This Parliament first met on 20 February 1907 and the final meeting was on 8 December 1909, after which Parliament was prorogued until 26 January 1910. On 18 January 1910 Parliament was further prorogued until 19 February 1910 at which time it expired. Writs for the election of Members of the House of Representatives were then issued on 28 February 1910. Expiry affects the House of Representatives (and the Senate) in the same way as a dissolution.

Prolongation

On 2 March 1917, during World War I, the House agreed to a motion moved by the Prime Minister which requested the Imperial (United Kingdom) Government to legislate for the extension of the duration of the then House of Representatives until six months after the final declaration of peace, or until 8 October 1918, whichever was the shorter period, and to enable the next elections for the Senate to be held at the same time as the next general election for the House of Representatives.[82] A motion in the same terms lapsed in the Senate and the proposition did not proceed further.[83] Suggestions were made during World War II that the life of the 15th Parliament be extended. In answering a question in the House on the proposition, the Prime Minister stated that, in his opinion, ‘the extension of the life of this Parliament would, in certain circumstances, require an authorising act of the Parliament of the United Kingdom … [but that] the Government has not yet thought it necessary to consider it’.[84] With the enactment of the respective Australia Acts by the Commonwealth[85] and United Kingdom Parliaments, such a proposed method of prolonging the life of a Parliament is not possible.