RESEARCH PAPER SERIES, 2016–17              date 24 November 2016

44th Parliament in review

Politics and Public Administration Section

Acknowledgements

The Politics and Public Administration section would like to thank Tim Bryant and Annemieke Jongsma, Senate Procedure Office; the staff of the Senate Table Office; James Rees, House of Representatives Chamber Research Office; and Leo Terpstra for their invaluable assistance in the preparation of this Research Paper.

Abbreviations

ALP | Australian Labor Party
AMEP | Australian Motoring Enthusiast Party
CLP | Country Liberal Party (Northern Territory)
DLP | Democratic Labour Party
FFP | Family First Party
GRN | Australian Greens
IND | Independent
KAP | Katter’s Australian Party
LDP | Liberal Democratic Party
LIB | Liberal Party of Australia
LNP | Liberal National party
NP | The Nationals
PUP | Palmer United Party

Introduction

In 2013 Australia returned to majority government when the Abbott Coalition Government was elected with 90 out of the 150 seats in the House of Representatives. In the Senate, minor and micro parties and Independents held the balance of power. The 44th Parliament was very different to the preceding Parliament but in many ways no less dramatic. A Senate Procedural Information Bulletin noted at the end of the 44th Parliament:

First, the prorogation for a new session of Parliament opened on 18 April 2016; now the simultaneous dissolution of both Houses under section 57 of the Constitution, which took effect at 9 am on 9 May, the anniversary of the opening of the first Federal Parliament in 1901 (as well as of the provisional and new parliamentary buildings in 1927 and 1988). Both procedures have now been invoked for the first time in some decades, signalling that the end of the 44th Parliament has been an unusual one.[1]

This paper reviews the major parliamentary and political events of the 44th Parliament. The paper is not an exhaustive chronicle of the 44th Parliament but a review of the major aspects of the workings of this Parliament. It is organised thematically covering, where relevant, procedural changes, statistical information, and events of note and interest in both the Senate and the House of Representatives. It is intended to be used as a companion to the Parliamentary Library paper on the 43rd (Hung) Parliament and the forthcoming research paper on the 2016 federal election.[2]

Background

The 44th Parliament was notable for a number of upheavals in party leadership and party composition, notably the deposing of a first term Prime Minister.[3] As the Parliament progressed, the Senate’s role in scrutinising and deliberating on the Government’s legislative agenda became even more crucial. The following provides a chronology of the 44th Parliament, sets out some of the key party changes and some of the critical steps leading to the simultaneous dissolution (or double dissolution) of both Houses on 9 May 2016.

The 43rd Parliament came to a close on 5 August 2013 when the House of Representatives was dissolved. The federal election was held on 27 August 2013. The Coalition, led by Tony Abbott MP (LIB, Warringah, NSW) had a decisive win in the House of Representatives with the Coalition winning 90 seats, the ALP 55 seats, with the remainder going to small parties (three seats) and Independents (two seats).[4] The election in the Senate resulted in the Coalition having 33 seats, Labor 26, and a large crossbench of nine Greens, three Palmer United Party (PUP), one Independent, one Liberal Democratic Party (LDP), one Family First Party (FFP), one Democratic Labor Party (DLP) and one Australian Motoring Enthusiast Party (AMEP). While a recount was progressing on close WA Senate seats it was discovered that 1,370 ballots were missing. Without these ballots Labor and PUP each lost a seat and the Greens and the Australian Sport’s Party each won a seat.

The election results for the six Western Australian Senate seats were voided by the High Court sitting as the Court of Disputed Returns on 20 February 2014.[5] Following a half-Senate election for the WA Senate seats held on 5 April 2014 the Senate composition after 1 July 2014 comprised: Coalition 33 seats, ALP 25 seats, Greens 10 seats, PUP three seats, LDP one seat, FFP one seat, AMEP one seat, DLP one seat and one Independent.

Mr Abbott was sworn in as Prime Minister on 18 September 2013. Prime Minister Abbott announced his ministry on 16 September 2013, with only one woman in the Cabinet, Minister for Foreign Affairs, Julie Bishop MP (LIB, Curtin, WA).[6] The 44th Parliament commenced on 12 November 2013.

On 13 November 2013 the Leader of the House, Christopher Pyne MP (LIB, Sturt, SA) introduced amendments to Standing and Sessional Orders that govern the conduct of House business. Details of these changes are provided below.

Chronology of events and developments

2014

Senator Arthur Sinodinos (LIB, NSW) stood aside from his position as Assistant Treasurer on 19 March 2014 as he had been called as a witness before the NSW Independent Commission Against Corruption (ICAC) as part of an ongoing investigation.[7] Senator Sinodinos appeared at ICAC in his capacity as a former Director of Australian Water Holdings and treasurer of the NSW Liberal Party. Senator Sinodinos resigned from the Abbott ministry on 19 December 2014.[8]

On 13 May 2014 the Coalition government handed down its first Budget. The Budget sparked a vigorous public debate about the need for change, the distributional effects of the Budget proposals, and the appropriateness of individual measures. The Budget was criticised as unfairly targeting lower income earners with measures including changes to Newstart, Disability Support Pension and Youth Allowance, the freezing of family payments for two years, the $7 co-payment for doctor’s visits and other services, the fuel excise, and the increasing costs of Pharmaceutical Benefits Scheme medicines.[9] Legislation implementing a number of the measures was subsequently blocked in the Senate.

The new Senate was sworn in on 7 July 2014 by the Governor-General. The Senate had the largest crossbench in its history with 17 senators representing minor or micro-parties and one independent. The Government required the support of six of the crossbenchers to pass its legislation.

On 4 September 2014 Democratic Labour Party (DLP) senator for Victoria, John Madigan, announced his resignation from the DLP and that he would sit as an Independent senator.[10]

On 24 November 2014 PUP senator for Tasmania, Jacqui Lambie, announced she had resigned from the PUP to sit as an Independent.[11]

On 21 December 2014 Prime Minister Abbott announced changes to his ministry with effect from 23 December.[12] A second woman was promoted to Cabinet, Minister for Health Sussan Ley MP (LIB, Farrer, NSW).

2015

On 9 February 2015, following party unrest over declining polls, the federal Parliamentary Liberal Party met to consider a motion to spill the leadership of the party. The motion, moved by Luke Simpkins MP (LIB, Cowan, WA) and seconded by Don Randall MP (LIB, Canning, WA), was defeated 69 to 39, with one member (Ross Vasta (LIB, Bonner, Qld) on paternity leave and one member casting an informal vote.[13] 

On 16 March 2015 PUP senator for Queensland, Glenn Lazarus, announced he had resigned from the PUP on 12 March and would sit as an Independent.[14]On 4 February 2016 Senator Lazarus informed the Senate of his appointment as the leader of the Glenn Lazarus Team.[15]

On the morning of 6 May 2015 the leader of the Australian Greens (GRN), Senator Christine Milne (Tas.), announced her resignation as leader of the party. The new leader, Senator Richard Di Natale (Vic.), was elected at a party room meeting the same morning. The party also chose two co-deputy leaders, senators Larissa Waters (Qld) and Scott Ludlum (WA).

On 21 July the Government and Parliament were shocked by the death of Don Randall (LIB, Canning, WA). The Parliament paid tribute to Mr Randall in a condolence motion on 11 August 2015.[16] A by-election was held for the seat on 19 September 2015 (see Table 7 below).

On 2 August 2015 the Speaker of the House of Representatives, Bronwyn Bishop MP (LIB, Mackellar, NSW), resigned her position following controversy over her use of travel entitlements.[17] Tony Smith MP (LIB, Casey, Vic.) became Speaker on 10 August 2015 (see Speaker section below for further detail). [18]

On 14 September 2015 the Minister for Communications, Malcolm Turnbull MP (LIB, Wentworth, NSW), challenged Prime Minister Abbott’s leadership of the federal Parliamentary Liberal Party. Mr Turnbull stated that Mr Abbott had failed to provide economic leadership, pointed out that the party had lost 30 Newspolls in a row, and called for the restoration of traditional Cabinet government.[19]

Mr Turnbull won the ballot for the position of leader 54 to 44, and Julie Bishop won the deputy leader position over Kevin Andrews MP (LIB, Menzies, Vic.) 70 to 30.[20] Ms Bishop has held the position of deputy leader of the federal Parliamentary Liberal Party since November 2007.

On Tuesday 15 September 2015 Malcolm Turnbull was sworn in as Australia’s 29th Prime Minister. On the same day a new Coalition agreement was agreed between Mr Turnbull and Mr Truss MP (NP, Wide Bay, Qld), leader of the Nationals.[21]

Mr Turnbull announced his first ministry of 42 on 20 September 2015, with the members being sworn in on 21 September 2015. Some of the key changes included the appointment of Scott Morrison MP (LIB, Cook, NSW) as Treasurer, replacing Joe Hockey MP (LIB, North Sydney, NSW) who later resigned from Parliament on 23 October. Senator Marise Payne (LIB, NSW) was appointed Minister for Defence, becoming the first female in that role. In total five women were appointed to the Cabinet. Senator Sinodinos was appointed Cabinet Secretary.[22]

Further changes to the ministry were announced on 30 September including Ken Wyatt MP (LIB, Hasluck, WA) as the Assistant Minister for Health, becoming the first indigenous member of the Federal Executive Council.[23]

2016

The Turnbull Government was subject to a number of resignations and retirements that culminated in a ministerial reshuffle in February 2016.

On 29 December 2015 Mr Turnbull announced the resignation of Jamie Briggs MP (LIB, Mayo, SA) and the standing aside of Mal Brough MP (LIB, Fisher, Qld).[24] Mr Briggs resigned as the Minister for Cities and the Built Environment after ‘inappropriate’ conduct towards a diplomatic officer during an official visit to Hong Kong, and Mr Brough stood aside as Special Minister of State pending a police investigation into his alleged role in the downfall of former Speaker Peter Slipper.[25] In February 2016 Mr Brough informed the Prime Minister he did not wish to be considered for a ministerial position and on 26 February announced his intention not to contest the next election.[26]

In early February 2016 the ‘Father of the House’ Philip Ruddock MP (LIB, Berowra, NSW) announced, after almost 43 years in the Federal Parliament, that he would not be contesting the next election.[27] He was appointed the first Special Envoy for Human Rights.[28] On 10 February 2016 the Minister for Trade, Andrew Robb MP (LIB, Goldstein, Vic.), announced he would retire at the next election and stood down from the ministry.[29]

On 11 February 2016 Warren Truss announced he was stepping down from leadership of the Nationals.[30] At a party room meeting on the same day Barnaby Joyce MP (NP, New England, NSW) was chosen leader unopposed while Senator Fiona Nash (NP, NSW) defeated six opponents to become the first female deputy leader of the Nationals.

The change resulted in a new coalition agreement between the Liberal Party and the Nationals and an additional place in the Cabinet for the Nationals in the subsequent reshuffle.[31]

Further uncertainty for the ministry resulted from questions about the future of the human services and veterans’ affairs minister, Stuart Robert MP (LIB, Fadden, Qld), over a ‘private’ 2014 trip to China, when he was assistant defence minister, to witness a mining deal and meet with a Chinese vice minister. On 12 February 2016 the Prime Minister announced that Mr Robert had asked not to be considered for a position in the ministerial reshuffle.[32]

Mr Turnbull announced his second ministry on 13 February 2016.[33] The ministry was sworn in on 18 February. The number of women in Cabinet was boosted to six, while the total in the executive rose to 10. Mr Turnbull announced that Mr Robb was to become the Special Envoy for Trade from 13 February until the election.

The path to the double dissolution election

From the beginning of the Turnbull government the prospects of a double dissolution (DD) had been widely reported, as there were two existing ‘triggers’ in the Clean Energy Finance Corporation (Abolition) Bill 2013 and the Fair Work (Registered Organisations) Amendment Bill 2014.

The Senate had also rejected a number of other Bills, including the Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Consequential and Transitional) Bill 2013 by which the Government aimed to re-establish the Australian Building and Construction Commission (ABCC). The Government saw the ABCC and related legislation as crucial to the transition to the new economy. The Bills had been negatived by the Senate on 17 August 2015 and were negatived again on the 18 April 2016 (See Legislation section below).

The Senate also had lengthy debate, 39 hours, on the Commonwealth Electoral Amendment Bill 2016 to allow optional preferential voting for the Senate.[34] The Government saw it as a priority to change the Senate voting system in order to remove ‘the practice of group voting tickets, of backroom deals, of elaborate creation of micro parties [that] has resulted in people being elected to the Senate with a tiny fraction of primary votes.’[35] This measure had been a recommendation of the Joint Standing Committee on Electoral Matters inquiry into the 2013 election.[36] The Bill passed on 18 March 2016 with the Government and the Greens supporting the legislation.[37] Before the final debate on the electoral legislation, in a tactical move, the crossbenchers attempted to introduce motions bringing on the debate on the ABCC but the Government voted against the measure honouring the agreement made with the Greens in return for their support.[38] A subsequent challenge to the validity of the Senate electoral laws brought by Senator Bob Day (FFP, SA) and others was dismissed by the High Court on 13 May 2016.[39]

When the motion for the next meeting of the Senate was moved on 17 March 2016, the Leader of the Opposition in the Senate moved an amendment to provide that the discretion of the President to determine the next sitting could not be exercised without the concurrence of an absolute majority of senators.[40] The amended motion was passed 31–22.[41] The Senate rose on 17 March 2016 with the understanding that it would not sit until 10 May, the day set down for the Budget.

Prorogation and recall of Parliament

On 21 March 2016, in an unusual move, the Prime Minister requested the Governor-General, acting under section 5 of the Constitution, to prorogue Parliament on Friday 15 April and summon Parliament to sit again on Monday 18 April 2016.[42]

Proroguing a Parliament essentially terminates the current session of Parliament. Unlike dissolving a Parliament it does not necessarily lead to an election; after prorogation, a Parliament can be recalled to sit again. The last time Parliament was prorogued and then recalled before an election was the Thirtieth Parliament in 1977, to allow the Queen to open Parliament.[43] An effect of prorogation is that all business before both Houses lapses. However, both Houses have provisions to later restore to the Notice Paper and resume consideration of bills that have lapsed due to prorogation. When a bill is in possession of the House in which it did not originate, that House may not resume consideration of the Bill unless it has received a message from the other House requesting it to do so.

The recall of Parliament was to provide the Senate with an additional three sitting weeks to consider the ABCC and Registered Organisations legislation. The Prime Minister announced that if the Senate failed to pass the laws he would advise the Governor-General to invoke the provisions of section 57 of the Constitution to dissolve both Houses of Parliament and issue writs for an election.[44]

The Government also announced that the Budget was moved forward a week from 10 May to 3 May 2016 to allow for a possible DD election being called on or before 11 May.[45] Supply Bills would therefore be introduced by the Government, ‘to ensure the continuity of the normal business of government in the context of a double dissolution election’.[46] A Supply Bill generally provides for interim appropriations out of the Consolidated Revenue Fund to fund the core activities of the government until the passage of the annual Appropriation Bills.[47]

The House of Representatives met on 18 and 19 April 2016. Following the truncated formalities of the opening of the Parliament by the Governor-General on 18 April the Government moved a motion to request the Senate to resume consideration of the ABCC legislation.[48]

On 18 April, the first day of the three week special sitting, following the opening of the new session of the Parliament, the Senate received the message from the House of Representatives requesting the Senate to resume consideration of the ABCC bills. The Senate complied with the request and again defeated the legislation to establish the ABCC, 36 to 34 votes.[49] This action set in motion the process for a DD election.

The Senate also agreed to a Labor motion for the Senate Finance and Public Administration References Committee to inquire and report by 4 May 2016—the day after the federal budget—into associated entities of political parties, with particular reference to the adequacy of the funding and disclosure regime relating to annual returns, and ‘(that) Senator Sinodinos appear before the committee to answer questions’.[50] Senator Sinodinos declined to appear before the Committee and the matter was referred to the Privileges Committee.[51]

The Senate also agreed to an Opposition motion to provide for two days of Budget estimates hearings on 5 and 6 May 2016, with committees to report by 11 May.[52] The Senate adjourned on 19 April 2016.

The Budget and the double dissolution

The Parliament resumed on 2 May 2016.

The Supply Bill (no 1) 2016–17, Supply Bill (no.2) 2016–17 and Supply (Parliamentary Departments) (no.1) Bill 2016–17 were introduced to the Parliament on 2 May 2016 and passed by both Houses by 3 May, receiving assent on 4 May 2016. The bills provided for expenditure for approximately the first five months of the new financial year (less the impact of any approved new policy expenditure) as an interim measure to enable the public (and parliamentary) service to continue during the election period. As part of the Government’s Budget handed down on 3 May 2016 the Appropriation Bills were introduced but lapsed with the dissolution of the Parliament.[53] The House adjourned on 5 May 2016, following the Opposition leader’s Budget-in-reply speech.

The Senate had adjourned on 4 May prior to holding two days of Estimates hearings.

On 8 May 2016 the Prime Minister announced the Governor-General had accepted his request under section 57 of the Constitution to dissolve both houses of Parliament effective 9 May 2016, and to call a DD election for both Houses on 2 July 2016.[54]

The Speaker

Two Speakers of the House of Representatives served in the 44th Parliament: Bronwyn Bishop MP and Tony Smith MP.

Elections

On the first day of the 44th Parliament (12 November 2013), the House of Representatives elected Bronwyn Bishop MP as its 31st Speaker.[55] The election for the Speakership was contested, with the Opposition nominating Robert Mitchell MP (ALP, McEwen, Vic.) for the office; a ballot was held, with a result of 93 to 56 in favour of Mrs Bishop.[56] Mrs Bishop stated that as Speaker she would continue to attend Liberal Party room meetings, but not meetings relating to tactics.[57] The Deputy Speakership was also contested, with the Government nominating Bruce Scott MP (NP, Maranoa, Vic.) for the office and the Opposition nominating Mr Mitchell. The resulting ballot saw Mr Scott elected as Deputy Speaker by 91 votes to 56 and Mr Mitchell elected as Second Deputy Speaker.[58]

Following Speaker Bishop’s resignation from the position of Speaker, on 2 August 2015 (see further below), Tony Smith MP was elected unopposed as the 32nd Speaker of the House of Representatives on 10 August 2015. He remained in the office until the dissolution of the Parliament on 9 May 2016.[59] Following his election as Speaker Mr Smith stated that he would not attend weekly Liberal Party room meetings, and also indicated that he would institute periodic discussions with the Leader of the House, the Manager of Opposition Business, and independent members to ‘discuss the operation of parliament’.[60] The Deputy Speaker and Second Deputy Speaker positions remained unchanged.

Acknowledgement of country

The acknowledgement of country in the Order of Business for the House, introduced in the 43rd Parliament, was retained in the 44th Parliament,[61] with Speaker Bishop making the first acknowledgement of country on the second day of sitting (13 November 2013).[62]

Procedural and other developments relating to the Speakership

Amendment to Standing Order 68—power of the Speaker to intervene

Among the Government’s proposed amendments to the Standing Orders (SOs) on 13 November 2013 was a change to SO 68 empowering the Speaker to ‘intervene’ if a member repeated a matter previously the subject of a personal explanation given by another member to correct a misrepresentation.[63] In moving the amendments the Leader of the House, Christopher Pyne stated that:

Members on both sides of the House will be very familiar with the practice of making an outrageous statement about another member of the House … Time and time again, members had to rise to the dispatch box to correct such misrepresentations when they knew the person making it knew it was a misrepresentation. I think all sides of the House are thoroughly sick of that pantomime and we intend to eliminate it. The Speaker will be able to decide that, if a misrepresentation has already been corrected, the continued making of that misrepresentation is disorderly. I think that will improve the atmosphere of the chamber.[64]

The Opposition objected to this proposed change, stating that it constituted:

increas[ing] the powers of the Speaker beyond what they have ever been in the history of this House so as to allow the Speaker of the parliament to apply censorship to political views—to provide censorship to one half of the political debate ... [the government] is turning the role of the Speaker from that of an arbiter and adjudicator to that of a censorship board.[65]

The change to SO 68 (along with the other government amendments to the Standing Orders) was agreed to by the House after a division on 13 November 2013.[66]

Security identification requirements for visitors wearing coverings

On 2 October 2014 Speaker Bishop and the President of the Senate (Senator Stephen Parry, LIB, Tas.) introduced interim security measures including requiring those ‘entering the building covering themselves in such a way they cannot be clearly identified’ to ‘produce identification that matches their identity’.[67] It was also stated that the measures were pending ‘further advice from specialist agencies’.[68] In October the Speaker stated that the Presiding Officers had received advice relating to ‘an action planned that would have disrupted the business of the House’,[69] with the President of the Senate also stating that, on 2 October 2014:

I was advised that a group of people, some being male, were going to disrupt question time in the House of Representatives. The advice further indicated that this group would be wearing garments that would prevent recognition of their facial features and possibly their gender.[70]

On 19 October 2014 the Presiding Officers replaced these measures with new interim measures involving the facial identification of visitors upon entry to Parliament House, ‘thereby enabling persons with facial coverings to move from that point freely into the public portions of the building, including the chamber galleries’.[71]

Opposition motions

On 27 March 2014 the Opposition unsuccessfully sought to move a motion of no confidence in Speaker Bishop, citing a number of grounds including partiality towards government members.[72] Subsequently on 26 May 2014 the Opposition unsuccessfully sought to refer Speaker Bishop’s use of a dining room to the House of Representatives Standing Committee of Privileges and Members’ Interests.[73] The Opposition also unsuccessfully moved that rulings of the Speaker be dissented from twice in late 2013 and once in mid-2015.[74]

Resignation of Speaker Bishop

In mid-July 2015 controversy arose over Speaker Bishop’s charter of a helicopter for travel between Melbourne and Geelong in early November 2014.[75] Media reporting suggested that the charter was for the Speaker’s attendance at a Liberal Party event; the Speaker’s office stated that the charter was in accordance with entitlement guidelines and related to a schedule of several meetings in Victoria.[76] It was also reported that the Speaker would reimburse the cost of the charter with an additional 25 per cent loading. In late July Mrs Bishop apologised for the charter and subsequently resigned as Speaker on 2 August 2015.[77]

Question Time

House of Representatives

On 13 November 2013 the Leader of the House, Mr Pyne, introduced a number of changes to standing orders, including the discontinuation of supplementary questions. Standing order 101 was amended to omit the Speaker’s discretion to allow supplementary questions to clarify an answer to a question during Question Time.[78] The use of supplementary questions had been one of the reforms agreed under the Agreement for a better Parliament during the 43rd Parliament.[79] Manager of Opposition Business Tony Burke MP (ALP, Watson, NSW) noted that the Government, when in Opposition, did:

[not] find supplementary questions unacceptable, yet they were so happy to stand up and ask them in this chamber at this dispatch box only months ago. Never once in the last term of government did they say there was a problem with being able to ask supplementary questions.[80]

The Coalition Government continued the time limits for questions and answers at 30 seconds for questions and three minutes for answers (SOs 100 and 104).

On 20 October 2015 Prime Minister Turnbull informed the House that government members would trial a constituency question time to run every sitting day as part of questions without notice. After five questions have been asked by government members in the traditional way, further questions would be addressed to Ministers by government backbenchers on matters of interest to their local constituency. The trial commenced in the following sitting week (9–12 November 2015) and continued until the end of the year.[81]

During the 44th Parliament there were 2,198 questions in writing and 3,515 questions without notice in the House of Representatives.[82]

Senate

The Senate Procedure Committee raised two issues relating to Question Time in its First Report of 2014. One issue related to a temporary order that had been in place from 2009 relating to time limits for questions. The second matter related to the Committee agreement that the principle of proportionality should continue to govern the allocation of the call in question time.[83] The Senate subsequently amended SO 72 to alter the time for asking of each primary question to not exceed one minute and answers to them shall not exceed two minutes; two supplementary questions shall be allowed to each questioner, each supplementary question shall be limited to thirty seconds and the answers to them shall be limited to one minute each and answers shall be directly relevant to each question.[84]

In the Senate there were 4,946 questions without notice (including 3,293 supplementary questions) and 2,211 questions placed on notice.

Suspensions

House of Representatives

During the 44th Parliament the Speaker ordered members to leave the House of Representatives on 524 occasions, an increase of 88.5 per cent from the 43rd Parliament when 278 members were ejected. On eight occasions members were named and suspended, 515 were ‘sin binned’ (ordered to leave the Chamber under SO 94) for one hour, and one was ordered from the Federation Chamber for 15 minutes.[85] The 44th Parliament saw a record of 18 members ejected on a single day (Thursday 27 November 2014) and the ejection from the Federation Chamber was the first on record.

The vast proportion of disciplinary actions were ‘sin binnings’, accounting for over 98 per cent in both the 43rd and 44th parliaments. Most disciplinary actions occurred during and after Question Time in the period from 2 pm to 4 pm.

Disorderly behaviour was more concentrated in the 44th Parliament when 50 members accounted for all the ejections compared to 61 members in the 43rd Parliament.

Opposition members, irrespective of which party they belonged to, have always accounted for the largest proportion of disciplinary actions across all parliaments since Federation, at a rate of about 92.5 per cent. During the 44th Parliament this proportion was 97 per cent. Since entering the Parliament in 2007 Nick Champion MP (ALP, Wakefield, SA) has been ejected on 80 occasions, the most of any MP. He was ordered out 70 times during the 44th Parliament.

The 44th Parliament was presided over by Speakers Bishop and Smith. Under Mrs Bishop’s speakership, 402 members were ejected at a rate of about three per day, the highest of any speakership. One hundred and twenty-two members were ejected by Speaker Smith at a rate of about two per day, the third highest rate after Mrs Bishop and Peter Slipper MP (IND, Fisher, Qld). Table 1 below shows the number of disciplinary actions taken in the last nine speakerships.

Table 1: Number and type of disciplinary actions taken under each speakership from the 38th to 44th Parliaments

Speaker | Parliament Number | Named but not proceeded with | Named and suspended | Sin binned | Total
Robert Halverson, 30.4.1996–3.3.1998 | 38 |  | 12 | 43 | 55
Ian Sinclair, 4.3.1998–31.8.1998 | 38 |  | 3 | 15 | 18
Neil Andrew, 10.11.1998–31.8.2004 | 39, 40 | 2 | 27 | 191 | 220
David Hawker, 16.11.2004–17.10.2007 | 41 |  | 8 | 215 | 223
Harry Jenkins, 12.2.2008–24.11.2011 | 42, 43 | 1* | 17 | 247 | 265
Peter Slipper, 24.11.2011–9.10.2012 | 43 |  | 1 | 114 | 115
Anna Burke, 9.10.2012–5.8.2013 | 43 |  |  | 66 | 66
Bronwyn Bishop, 12.11.2013–2.8.2015 | 44 |  | 7 | 395** | 402
Tony Smith, 10.8.2015– | 44 |  | 1 | 121 | 122

Source: Parliamentary Library estimates[86]

*The member was named but the vote to suspend him was negatived

**Includes one member who was ejected from the Federation Chamber for 15 minutes

In the Senate, the practice is very different and disciplinary actions against senators for disorder are now very rare.[87]

Divisions

House of Representatives

There were 431 regular divisions and 42 divisions with four or fewer members on one side in the 44th Parliament.[88] This is compared to 502 and 42 respectively in the 43rd Parliament, and 345 and six in the 42nd Parliament. The average number of divisions per day (2.5) is slightly higher than the average for the 1991–2011 period but lower than the average for the 43rd Parliament (3.1).[89]

Table 2 below shows the voting patterns of crossbench members of the House of Representatives and records the number of divisions from which they were absent.

Table 2: Crossbench voting patterns in the 44th Parliament (by number)

| With Gov | With Opp | Absent | Total
Bandt | 20 | 349 | 62 | 431
Katter | 37 | 64 | 330 | 431
McGowan | 108 | 226 | 97 | 431
Palmer | 21 | 12 | 398 | 431
Wilkie | 33 | 356 | 42 | 431

Source: Parliamentary Library estimates

Figure 1 below shows the crossbench percentage of votes with the government and the opposition.

Figure 1: Crossbench voting patterns in the 44th Parliament (by percentage of votes)

Source: Parliamentary Library estimates

Senate

There were 787 divisions in the Senate, with 668 of these being held after the new senators elected in 2013 took their places on 1 July 2014. After senators Lambie and Lazarus left the PUP, on 24 November 2014 and 13 March 2015 respectively, their voting patterns changed noticeably (see Figure 2 below).

Figure 2: Voting patterns of PUP senators and Senators Lambie (IND) and Lazarus (IND) in the 44th Parliament (by percentage)

Source: Parliamentary Library estimates

Figure 3 below shows that senators Day (FFP) and Leyonhjelm (LDP) voted with the Government more frequently than other crossbenchers, while senators Muir (AMEP), Lambie (IND), Lazarus (IND), and the Australian Greens were more likely to vote with the Opposition.

Figure 3: Crossbench voting patterns in the 44th Parliament (by percentage)

Source: Parliamentary Library estimates

Legislation

Volume of legislation

In the House of Representatives a total of 548 bills (511 Government and 38 private members’ bills) were introduced in the 44th Parliament. In the Senate a total of 103 bills (21 Government and 76 private senators’ bills) were introduced. In the 44th Parliament these bills resulted in 379 Acts of which one was a private members’ Act.

Due to the finely balanced numbers in the Senate during the 44th Parliament, 39 Government bills were defeated in that Chamber. A number of these were reintroduced to the Parliament at a later stage. As a result of the Coalition’s majority in the House of Representatives there were no defeats of Government bills in that Chamber.

In comparison to the 43rd Parliament, 187 fewer bills became Acts in the 44th Parliament; see Table 3 below.

Table 3: Bills introduced in 40th to 44th Parliaments and total number of Acts

Parliament | Govt bills introduced in HoR | Private members’ bills introduced in HoR | Govt bills introduced in Senate | Private senators’ bills introduced in Senate | Total Acts  (private MPs’ Acts)
40th | 537 | 44 | 24 | 52 | 427 (0)
41st | 583 | 34 | 83 | 60 | 549 (3)
42nd | 552 | 20 | 25 | 76 | 409 (0)
43rd | 610 | 72 | 31 | 81 | 566 (6)
44th | 511 | 38 | 21 | 76 | 379 (1)

Source: Parliamentary Library estimates

Key: ‘Acts’ comprises Bills that have passed both Houses, received assent, or been enacted

House of Representatives—bills discharged and private members’ bills

Two Government bills were discharged from the Notice Paper in the House of Representatives during the course of the 44th Parliament:[90]

•        Food Standards Australia New Zealand Amendment Bill 2015 and

•        Independent National Security Legislation Monitor Repeal Bill 2014.

One Government bill was laid aside (not pursued further) in the House of Representatives during the course of the 44th Parliament:

•        Minerals Resource Rent Tax Repeal and Other Measures Bill 2013 [No. 2].

When laid aside, this bill was a trigger for a double dissolution election. However, this trigger was removed when the Minerals Resource Rent Tax Repeal and Other Measures Bill 2014 was introduced in September 2014 and passed both Houses and became law.[91]

Thirty-seven private members bills were introduced into the House during the 44th Parliament (see Appendix 1). The Parliamentary Service Amendment Bill 2014, sponsored by Speaker Bishop, passed both Houses; the rest were defeated.

One private members Bill, the Marriage Legislation Amendment Bill 2015, was introduced by a group of cross-party Members of the House of Representatives. It lapsed in the House of Representatives at prorogation.

Senate—bills discharged, private senators’ bills and double dissolution triggers

Four Government bills were discharged from the Notice Paper in the Senate during the course of the 44th Parliament:

•        Automotive Transformation Scheme Amendment Bill 2014

•        Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013

•        Social Services and Other Legislation Amendment (2014 Budget Measures No. 1) Bill 2014 and

•        Social Services and Other Legislation Amendment (2014 Budget Measures No. 2) Bill 2014.

Seventy-six private senators’ bills were introduced into the Senate during the 44th Parliament (see Appendix 2). Ten of those were cross-party bills.

As noted above, 39 Government bills were defeated in the Senate. Of these, 37 were potential triggers for a double dissolution election. A list of bills in the 44th Parliament that may have met the requirements of Section 57 of the Constitution is available on the Senate website.[92]

Of those 37 bills, three bills—the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No. 2], the Building and Construction Industry (Improving Productivity) Bill 2013 [No. 2], and the Fair Work (Registered Organisations) Amendment Bill 2014 [No. 2]—were listed in the proclamation dissolving both Houses of Parliament on 9 May 2016 as the double dissolution triggers having met the requirements of Section 57 of the Constitution. Further information on these trigger bills and documentation associated with the double dissolution is at Appendix 3.

Crossbench

At the 2013 election support for minor parties and independents reached record levels for both the House of Representatives and the Senate. The election was distinguished by the extent to which sophisticated preferencing strategies were employed by parties and candidates to optimise their chances of success. In the Senate vote, the micro-parties successfully negotiated with the major parties preference swaps (called harvesting the ‘above-the-line’ preferences) and managed to increase the number of crossbench senators to 18 out of 76.[93]

In the House the 21.1 per cent (primary vote) non-major party support at the 2013 election broke the 20.4 per cent record at One Nation’s first election in 1998 (the level of support for independents and minor parties has been above 14 per cent (primary vote) at every election since 1996).[94] However, this did not result in more crossbenchers being elected to the House of Representatives; the 44th Parliament saw five crossbenchers sitting in the House—one less than during the 43rd Parliament.

Non-major support in the Senate has always been several percentage points higher than in the House. The level of 32.2 per cent primary vote achieved at the 2013 election for the Senate surpassed 26.2 per cent in 2010. Minor party and independent support in the Senate has been above 19 per cent at every election since 1996.[95]

During the 44th Parliament three senators elected as members of micro-parties announced their intention to quit their parties and sit as independents. These senators later announced their intention to form their own micro-parties (see Table 4 below).

House of Representatives

The Greens retained their sole seat of Melbourne (Vic.) when Adam Bandt pushed his primary vote to 42.62 per cent—an increase of 7.03%. In Denison (Tas.), Independent Andrew Wilkie increased his personal vote to 38.08 per cent.

The other remarkable outcome was the only defeat of a sitting Liberal member, Sophie Mirabella, by Independent Cathy McGowan, in what had previously been a safe Coalition seat, Indi (Vic.).

Nationally, PUP secured 5.5 per cent of the vote for the House of Representatives. In Queensland, PUP received 11.02 per cent of the overall primary vote and outpolled Katter’s Australia Party (KAP) across most seats. Clive Palmer himself stood for, and won, the House of Representatives seat of Fairfax (Qld) by 53 votes, following a long and controversial re-count.[96]

Bob Katter was re-elected as the sole representative for the Katter’s Australia Party, but suffered a 17 per cent swing against him in Kennedy (Qld).

Senate

The so-called ‘preference whisperer’ Glenn Druery played a key role in the election of micro-party representatives: Ricky Muir (AMEP, Vic.) with only 0.51 per cent of the primary vote; and Wayne Dropulich (Australian Sports Party, WA) with only 0.2 per cent of the primary vote. Dropulich subsequently failed to win a seat in the rerun WA Senate election conducted in April 2014.[97]

Liberal Democrat David Leyonhjelm (NSW) with 8.5 per cent of the vote was elected amidst controversy over the party name, which it has been suggested, voters confused with the Liberal Party and an advantageous spot on the ballot paper.[98] Family First candidate Bob Day (SA) was elected on 3.76 per cent of the primary vote.

Following the 2014 rerun Senate election in Western Australia the Greens won four Senate seats and 9.23 per cent of the national vote, bringing their total number to 10.

One of the most remarkable stories was that of the PUP and its leader Clive Palmer. PUP had planned to field candidates in all 150 House of Representative seats at the September election as well as Senate teams in all states and territories. In the Senate, former rugby league player Glenn Lazarus won Queensland’s fifth spot, Jacqui Lambie won in Tasmania and Zhenya Dio Wang won a seat following the 2014 Senate election in Western Australia.[99]

On 10 October 2013, AMEP senator-elect Ricky Muir announced an alliance with PUP.[100] The two parties aimed to work together and, where practicable, vote together in the Senate.[101]

From the beginning of the new Senate on 1 July 2014 the crossbenchers held the balance of power and therefore were able to block legislation in the Senate when the Opposition did not vote with the Government. The Government, holding 33 seats in the Senate, required six votes to ensure the passage of measures in the Senate. The Government had to negotiate with the crossbenchers, of which PUP (with the AMEP’s vote) was the largest voting bloc, for legislation opposed by Labor or the Greens.

The Government did get some contentious legislation passed through the Senate including the abolition of the carbon and mining taxes and temporary protection visas but was blocked on other measures, including ‘$30 billion dollars’ in savings from the 2014 budget.[102] These savings included a proposed $7 GP co-payment, a six-month wait for unemployment benefits for people under thirty and funding cuts, lower indexation for pensions and deregulation for higher education. Other measures blocked included the abolition of the Clean Energy Finance Corporation and the reinstatement of the ABCC (see Appendix 3).[103]

However PUP’s voting bloc was diminished as the alliance with AMEP ended and members left PUP. By March 2015 PUP had reduced to one member in the Senate, Senator Wang, following the resignations of Lambie in November 2014 and Lazarus in March 2015.[104]

This unravelling of PUP meant that the Government was required to negotiate with eight of the crossbenchers, if it did not have the support of the Opposition or the Greens, to pass its agenda.

Table 4 below indicates when crossbench senators resigned from the party they were elected to represent to sit as independents and subsequently set up their own micro-parties.

Table 4: Senators sitting as independents and registering new parties

Senator | Party at 2013 election | Date moved to sit as independent | Name of new party | Date new party registered
John Madigan | Democratic Labour Party | 4 September 2014 | John Madigan’s Manufacturing and Farming Party (MFP) | 18 May 2015
Jacqui Lambie | Palmer United Party | 24 November 2014 | Jacqui Lambie Network (JLN) | 14 May 2015
Glenn Lazarus | Palmer United Party | 16 March 2015 | Glenn Lazarus Team | 9 July 2015

Source: compiled by the Parliamentary Library

Committees

House of Representatives

The Government elected to keep the number of general purpose standing committees for the 44th Parliament to nine (down from 12 in the 42nd Parliament)—albeit with minor changes in nomenclature, including the removal of the Standing Committee on Regional Australia and the creation of the Standing Committee on Tax and Revenue. The Government did however raise the number of members permitted on each committee to 10 (six Government, four non-government members) with the possibility to supplement membership by up to four members (two Government, two non-government). This was a return to standard practice after the 43rd Parliament had limited committee membership to seven (four government, three non-government) with the added provision that if a non-aligned member was appointed to a committee the total membership was increased to eight. The permitted time for the Government to respond to committee reports was kept to six months.

The number of committee reports presented during the 44th Parliament, 319, was below the number presented in the 43rd Parliament (449) but still more than the 187 reports presented in the 42nd Parliament.[105] The number of committee reports presented is shown in Figure 4 below.

Figure 4: Number of committee reports presented by year from 1994

*Indicates election year

Source: House of Representatives, Work of the session, 18 April to 5 May 2016, p. 31

Selection committee

The House of Representatives Selection Committee was re-established in the 43rd Parliament with a wider role than that of Selection Committees established in the 41st and previous parliaments.[106] In the 44th Parliament the operation of the Selection Committee was changed. The Leader of the House announced that the Selection Committee’s determinations could automatically refer items of private members’ business directly to or from the Federation Chamber without the Speaker's involvement.[107] Another change involved the composition of the Committee, with Mr Pyne stating:

We will not be continuing with the situation where the Selection Committee has a majority of non-government members on it. That would be unusual in a parliament where there are 90 government members and 60 non-government members. We will be removing the crossbench member from the Selection Committee.[108]

Senate

During the 44th Parliament the Senate established 13 select committees in addition to the eight standing domestic committees, two legislative scrutiny committees and eight legislative and general purpose committees.[109] This number of select committees far exceeds the ‘ideal’ number of up to four select committees referred to in Odgers’ Australian Senate Practice.[110]

A distinctive feature of the 44th Parliament was the number of references to Senate committees. In the Department of the Senate’s Annual Report 2014–15, the Clerk of the Senate, Dr Rosemary Laing, observed that:

A larger and more diverse cross-bench stretched the department’s capacity to provide procedural and legislative drafting support. ... After the July [2014] sittings, as chamber operations became more settled, the focus moved to committees where new records were set in the number of matters referred concurrently by the Senate to its existing committees and to select committees established for specific purposes. Many inquiries were generated by an increasingly active and influential cross-bench and “a Senate inquiry” continued to be seen as a remedy of first resort for examining policy change and program delivery, and for scrutinising government operations. … around 70 concurrent inquiries [has become] the new average.[111]

In February 2016, Dr Laing provided an update to an Estimates hearing, informing the committee that:

… there has been an average of three new references inquiries for each sitting week for the whole of the parliament and two bills on average per sitting day for the whole of the parliament. The economics committees currently have 17 inquiries, followed by the legal and constitutional affairs committees with 10. Overall, the Senate Committee Office is currently supporting 83 separate inquiries, which is either a record or pretty near it. This number does not include the work of the legislative scrutiny committees or those joint committees whose secretariats are provided by the other side. … Frankly, I wonder where all this is heading.[112]

Figure 5 below shows the number of inquiry references and bills inquiry references to committees in the 42nd, 43rd and 44th Parliaments.[113] The total number of inquiries conducted in the 44th Parliament (352) was greater than in the two preceding parliaments. There were 135 reference inquiries in the 44th Parliament—over 50 per cent more than in either of the 43rd and 42nd parliaments.[114]

Figure 5: Senate Standing Committees – Comparison of inquiries in the 42nd, 43rd and 44th Parliaments

Source: Figures compiled by the Department of the Senate

In comparing the figures for each parliament, it is relevant to note that, because of the double dissolution in May 2016, the 44th Parliament did not run to its possible full term. If the Parliament had not been dissolved in May 2016, and the average of three references per week had been maintained, the total number of references would have exceeded 135.

Estimates committees

Changes to Estimates procedure resulted from motions moved by the Leader of Opposition in the Senate, Senator Penny Wong. Several of the motions were aimed at strengthening the rights of minorities in the Senate. Some of these changes appear to have sprung from frustrations experienced during the 2014 May Budget estimates hearings with hearings being closed down early and senators prevented from continuing with questions to particular agencies. The notices of motion which were passed made a number of changes to the procedures of estimates committees as well as amending SO 26.[115] The changes include providing for any three members of a legislation committee to require a spillover hearing, either on the Friday of an estimates week or on another day; an amendment to SO 26 allowing senators to continue with questions on a program until all questions have been asked or senators agree to put them on notice; orders of continuing effect requiring Senate ministers to table information about the status of answers to questions taken on notice at previous estimates rounds; and strengthening the accountability obligations of officers.

Subsequently the Senate Procedure Committee was requested to examine these changes and reported in March 2015.[116]

Composition of the 44th Parliament by party and gender

Following the September 2013 federal election, the number of women in the House of Representatives rose from 37 (25 per cent) to 39 (26 per cent). When the new senators took their places on 1 July 2014, the number of women in the Senate declined from 30 (39 per cent) to 29 (38 per cent). Overall the number of women in Parliament rose from 67 to 68 (30 per cent).[117]

The table below shows the number and percentage of women in the House of Representatives immediately after the September 2013 federal election.[118] The table also shows the number and percentage of women in the Senate as at 1 July 2014 and the total number and percentage of women.[119]

Table 5: Number and percentage of women by party in the House of Representatives following the 2013 election and number and percentage of women by party in the Senate as at 1 July 2014

Party | Men | Women | % Women |
House of Representatives (2013) |
ALP | 35 | 20 | 36.4 |
LIB | 58 | 16 | 21.6 |
NP | 14 | 1 | 6.7 |
CLP | 0 | 1 | 100.0 |
GRN | 1 | 0 | 0.0 |
KAP | 1 | 0 | 0.0 |
PUP | 1 | 0 | 0.0 |
IND | 1 | 1 | 50.0 |
Total | 111 | 39 | 26.0 |
Senate (1 July 2014) |
Party | Men | Women | % Women
ALP | 11 | 14 | 56.0
LIB | 22 | 5 | 18.5
NP | 3 | 2 | 40.0
CLP | 1 | 0 | 0.0
GRN | 3 | 7 | 70.0
AMEP | 1 | 0 | 0.0
DLP | 1 | 0 | 0.0
FFP | 1 | 0 | 0.0
IND | 1 | 0 | 0.0
LDP | 1 | 0 | 0.0
PUP | 2 | 1 | 33.3
Total | 47 | 29 | 38.2

Total for Parliament on 1 July following the 2013 election
Party | Men | Women | % Women
ALP | 46 | 34 | 42.5
LIB | 80 | 21 | 20.5
NP | 17 | 3 | 15.0
CLP | 1 | 1 | 50.0
GRN | 4 | 7 | 63.6
PUP | 3 | 1 | 25.0
Others | 7 | 1 | 12.5
Total | 158 | 68 | 30.0

Source: J McCann, J Wilson and H Gobbett, Composition of Australian parliaments by party and gender, as at 2 July 2014, Parliamentary Library, Canberra, 2014

Ministry

Prime Minister Abbott received considerable criticism for appointing only one woman to Cabinet and a total of six women in the ministry when he announced his ministry in September 2013.[120] In the 43rd Parliament in the Rudd second ministry, from 27 June 2013 to 18 September 2013 there had been six women in Cabinet and 13 in the total ministry (31.0 per cent). In the Gillard second ministry in the period from 25 March to 27 June 2013 the number of women ministers reached a peak of 14 (33.3 per cent).[121] Prime Minister Turnbull appointed a further three women to Cabinet in his first ministry bringing the total to five out of a Cabinet of 21 (23.8 per cent). As shown in Table 6 below, the proportion of women in the ministry increased by almost 10 per cent over the course of the 44th Parliament.

Table 6: Number of women in the ministry during the 44th Parliament

Ministry | 18 September 2013 | 21 December 2014 | 20 September 2015 | 13 February 2016

Cabinet

J Bishop

J Bishop

S Ley

J Bishop

S Ley

M Cash

K O’Dwyer

M Payne

J Bishop

S Ley

M Cash

K O’Dwyer

M Payne

F Nash

Outer Ministry

M Cash

M Payne

S Ley

F Nash

M Cash

M Payne

F Nash

F Nash

C Ferravanti-Wells

Parliamentary secretaries | C Fierravanti-Wells | C Fierravanti-Wells K O’Dwyer K Andrews | C Fierravanti-Wells K Andrews A Ruston | K Andrews A Ruston J Prentice
Women/total ministry | 6/42 | 8/42 | 9/42 | 10/42
Percentage of women in the ministry | 14.2 | 19.0 | 21.4 | 23.8

Source: Parliamentary Handbook of the Commonwealth of Australia, 2014; Commonwealth Government, various ministry lists

By-elections and casual vacancies

House of Representatives

Three by-elections were held during the 44th Parliament. One was caused by the retirement of former prime minister Kevin Rudd who became ‘only the fourth former prime minister to have lost an election or the leadership of his party and resigned from parliament shortly afterwards, bringing about a by-election’.[122] Former Treasurer, Joe Hockey, resigned to become the Australian Ambassador to the United States.[123]

There were no by-elections during the 43rd Parliament, while five were held during the 42nd Parliament.[124]

Table 7: By-elections during the 44th Parliament

By-election date | Division/State | Member elected | Party | Previous Member | Party | Cause of byelection | Date seat vacated
8.2.2014 | Griffith, Qld | Terri Butler | ALP | Kevin Rudd | ALP | Resigned | 22.11.2013
19.9.2015 | Canning, WA | Andrew Hastie | LIB | Don Randall[125] | LIB | Died | 22.7.2015
5.12.2015 | North Sydney, NSW | Trent Zimmerman | LIB | Joe Hockey | LIB | Resigned | 23.10.2015

Source: Australian Electoral Commission (AEC), ‘Federal elections’ and ‘By-elections & Supplementary Elections’, AEC website.

Senate

There were nine appointments to the Senate, filling casual vacancies, during the 44th Parliament. This compares with eleven in the 43rd Parliament and one in the 42nd Parliament.[126] The resignations from the Senate in the 44th Parliament included those of former ALP ministers John Faulkner and Bob Carr and Liberal Party ministers Michael Ronaldson and Brett Mason. The latter was appointed Ambassador to the Netherlands.[127] Leader of the Australian Greens, Christine Milne resigned and Chief Minister of the ACT, Katy Gallagher resigned from the ACT Assembly to take up a Senate position.[128]

Table 8: Casual vacancies in the 44th Parliament

Date of appointment | State | New senator | Party | Previous senator | Party | Cause of vacancy | Date seat vacated
13.11.2013 2.7.2014[129] | NSW | Deborah O’Neill | ALP | Bob Carr | ALP | Resigned | 24.10.2013
11.2.2014[130] | Qld | Barry O’Sullivan | NP | Barnaby Joyce | NP | Resigned | 8.8.2013
25.3.2015 | ACT | Katy Gallagher | ALP | Kate Lundy | ALP | Resigned | 24.3.2015
6.5.2015 | NSW | Jenny McAllister | ALP | John Faulkner | ALP | Resigned | 6.2.2015
21.5.2015 | Qld | Joanna Lindgren | LIB | Brett Mason | LIB | Resigned | 15.4.2015
19.8.2015 | Tas. | Nick McKim | GRN | Christine Milne | GRN | Resigned | 10.8.2015
22.9.2015 | SA | Robert Simms | GRN | Penny Wright | GRN | Resigned | 10.9.2015
9.3.2016 | Vic. | James Paterson | LIB | Michael Ronaldson | LIB | Resigned | 28.2.2016
28.4.2016 | WA | Patrick Dodson[131] | ALP | Joe Bullock | ALP | Resigned | 13.4.2016

Source: Parliamentary Library, ‘Senate vacancies’, Parliamentary Handbook of the Commonwealth of Australia, 44th Parliament, Parliamentary Library, Canberra, 2014

Addresses to the Parliament

There were four addresses to Parliament during the 44th Parliament:

Table 9: Addresses to the 44th Parliament

Date | Name | Position
8 July 2014 | His Excellency Mr Shinzo Abe | Prime Minister of Japan
14 November 2014 | Rt Hon. David Cameron | Prime Minister of the United Kingdom
17 November 2014 | His Excellency Mr Xi Jinping | President of the People’s Republic of China
18 November 2014 | Mr Narendra Modi | Prime Minister of the Republic of India

Source: Compiled by the Parliamentary Library

Ministerial statements

An options paper published in a November 2015 Senate Procedure Committee report acknowledged the importance of ministerial statements, suggesting that:

Debates on ministerial statements can be among the more significant policy debates that take place in a House.[132]

The paper noted that:

Ministerial statements are the traditional way of announcing significant government policy developments, or of communicating matters of ministerial responsibility to the Houses. The system of ministerial representation that operates in the Commonwealth Parliament ensures that there is an appropriate means for such statements to be made and/or tabled in both Houses.[133]

The paper suggests that these principles are not always observed.[134]

In 2010 one expert observed that:

The Rudd government revived the worthy practice of ministerial statements. This should continue, followed by a question period of 15 to 30 minutes. This would enhance both accountability and parliamentary debate of important public issues.[135]

House of Representatives

During the 44th Parliament 51 ministerial statements were made compared with 88 in the 43rd Parliament and 125 in the 42nd.[136] In the 43rd Parliament the Agreement for a better Parliament had stated that:

The Speaker will ensure that opportunities to respond are provided to non-Government Members.[137]

In the 44th Parliament the most usual response was from the relevant shadow minister. In six instances a number of members of the government and opposition responded to reports and only one member of the crossbench, Cathy McGowan (IND, Indi, Vic.), responded.[138]

On 26 March 2015 the House of Representatives agreed to a new standing order relating to Ministerial statements:

63A Ministerial statements

When the House has granted a Minister leave to make a ministerial statement, the House shall be deemed to have granted leave for the Leader of the Opposition, or Member representing, to speak in response to the statement for an equal amount of time.[139]

Senate

In the Senate 55 Ministerial Statements were delivered during the 44th Parliament compared with 98 in the previous parliament.[140]

In November 2015 the Senate Procedure Committee tabled a report that considered, in part, a process for the presentation and debate of ministerial statements. The Clerk was asked to prepare an options paper on the issue.[141]

The report considered a process for the presentation and debate of ministerial statements with the committee endorsing a number of suggestions including that:

3. Governments be encouraged to present ministerial statements to both Houses unless the statement concerns an issue of relevance to one House only.

4. Governments be encouraged to provide information about forthcoming ministerial statements in time for consideration by the Whips meeting (for consultation on whether a statement should be presented separately at the designated place on the Red).

5. Governments be encouraged to notify Opposition spokespeople and crossbenchers in advance of particular ministerial statements.

6. Create a right for senators to move a motion to take note of a ministerial statement without notice.[142]

The report recommended, in relation to point 6 above, that a temporary order providing a right for senators to move, without notice, a motion to take note of a ministerial statement presented other than at the commencement of sittings, be tested for the remainder of the 44th Parliament.[143] The recommendation was endorsed by the Senate on 11 November 2015.[144]

The report noted that, before this recommendation:

Ministerial statements have not been formally recognised in the standing orders as an element of the routine of business at any time in the Senate’s history, although they have been – and continue to be – informally recognised on the Order of Business or Senate “Red”.[145]

Petitions

The petition with the greatest number of signatures (1,210,471) since 1988, when the number of signatures was first recorded, was presented in the House of Representatives on 26 February 2014.[146] The petition concerned funding support for community pharmacies.

During the 44th Parliament, in the House of Representatives 263 petitions were presented (with a total of 1,734,366 signatures) and 193 ministerial response letters were presented.[147]

During the 44th Parliament there were 82 petitions presented in the Senate.[148] The Senate does not require ministerial responses.

Other procedural changes

Use of electronic devices

On 27 February 2014 the use of electronic devices in the House of Representatives and the Federation Chamber was referred to the House Procedure Committee to inquire and report.

In its report, tabled on 24 September 2014, the Committee recommended that the House consider and adopt a resolution permitting the use of electronic devices in the Chamber, Federation Chamber and committees provided that:

•        the use of any device did not distract other Members

•        the devices did not interfere with proceedings and were not used to record proceedings

•        were not used to communicate private meetings of committees or in camera hearings which would be considered a potential breach of privilege and

•        use should be directly related to the Members’ parliamentary duties.

The Committee also noted that that communication via electronic devices, whether in the Chamber or not, was unlikely to be covered by parliamentary privilege; and that reflections on the Chair by Members made on social media may be treated as matters of order just as any such reflections made inside or outside the Chamber.[149]

The House adopted the Resolution on 26 March 2015.[150]

Children in the House of Representatives Chamber

On 26 November 2015 the House of Representatives Standing Committee on Procedure tabled a report, Provisions for a more family-friendly Chamber. The Speaker asked the Committee to consider the adequacy of arrangements for proxy voting and whether a Member should be allowed to breastfeed in the Chamber.

The Committee, while supportive of the continued use of the proxy vote provisions, recommended:

that standing order 257 be amended to add paragraph (d) as follows:

257 Admission of Senators and visitors

…

(d) A visitor does not include an infant being cared for by a Member[151]

On 2 February 2016 the Leader of the House introduced the necessary changes to amend SO 257 in order to allow infants to be brought into the Chamber and Federation Chamber by Members. In a media release Mr Pyne claimed:

No Member of Parliament, male or female, will ever again be prevented from participating fully in the law making processes of Parliament because they are also caring for their child.[152]

Appendix 1: Private members’ bills introduced in the House of Representatives

Shading indicates that the Bill became an Act

| Short title | Sponsor | Party
1.         | Australian Education Amendment (School Funding Guarantee) Bill 2014 | Shorten | ALP
2.         | Australian Security Intelligence Organisation Amendment (Restoring Merits Review) Bill 2014 | Wilkie | IND
3.         | Charter of Budget Honesty Amendment (Regional Australia Statements) Bill 2015 | McGowan | IND
4.         | Credit Repayment (Protecting Vulnerable Borrowers) Bill 2015 | Katter | IND
5.         | Criminal Code Amendment (Private Sexual Material) Bill 2015 | T Butler Watts | ALP ALP
6.         | Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2014 | Bandt | GRN
7.         | Ethical Cosmetics Bill 2016 | O’Neil | ALP
8.         | Fair Work Amendment (Prohibiting Discrimination Based On Location) Bill 2015 | Christensen | NP
9.         | Fair Work Amendment (Recovery of Unpaid Amounts for Franchisee Employees) Bill 2015 | Bandt | GRN
10.     | Flags Amendment (Protecting Australian Flags) Bill 2016 | Christensen | NP
11.     | Foreign Acquisitions and Takeovers Amendment (Strategic Assets) Bill 2015 | Katter | IND
12.     | Foreign Death Penalty Offences (Preventing Information Disclosure) Bill 2015 | Palmer | PUP
13.     | Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014 | Wilkie | IND
14.     | Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2016 | Wilkie | IND
15.     | High Speed Rail Planning Authority Bill 2013 | Albanese | ALP
16.     | High Speed Rail Planning Authority Bill 2015 | Albanese | ALP
17.     | High Speed Rail Planning Authority Bill 2016 | Albanese | ALP
18.     | Imported Food Warning Labels Bill 2015 | Katter | IND
19.     | Iron Ore Supply and Demand (Commission of Inquiry) Bill 2015 | Katter | IND
20.     | Live Animal Export Prohibition (Ending Cruelty) Bill 2014 | Wilkie | IND
21.     | Marriage Amendment (Marriage Equality) Bill 2015 | Shorten | ALP
22.     | Marriage Amendment (Marriage Equality) Bill 2016 | Plibersek | ALP

23.    

Marriage Legislation Amendment Bill 2015

Entsch
Gambaro
T Butler
Ferguson
Bandt
McGowan
Wilkie

LIB
LIB
ALP
ALP
GRN
IND
IND

24.     | Migration Amendment (Ending the Nation’s Shame) Bill 2014 | Wilkie | IND
25.     | Migration Amendment (Mandatory Reporting) Bill 2015 | Marles | ALP
26.     | Parliamentary Joint Committee on the Australia Fund Bill 2014 | Palmer | PUP
27.     | Parliamentary Service Amendment Bill 2014[153] | B Bishop | LIB
28.     | Privacy Amendment (Protecting Children from Paparazzi) Bill 2015 | Katter | IND
29.     | Public Governance, Performance and Accountability Amendment (Procuring Australian Goods and Services) Bill 2016 | Katter | IND
30.     | Public Service Amendment (Employment for all of us) Bill 2014 | Bandt | GRN
31.     | Renew Australia Bill 2016 | Bandt | GRN
32.     | Renewable Fuel Bill 2016 | Katter | IND
33.     | Sex Discrimination Amendment (Boosting Superannuation for Women) Bill 2014 | Bandt | GRN
34.     | Tax Laws Amendment (Tax Transparency) Bill 2014 | Leigh | ALP
35.     | Tax Laws Amendment (Tougher Penalties for Country-by-Country Reporting) Bill 2016 | Leigh | ALP
36.     | Telecommunications Amendment (Giving the Community Rights on Phone Towers) Bill 2014 | Wilkie | IND
37.     | Tax Laws Amendment (Tougher Penalties for Country-by-Country Reporting) Bill 2016 | Leigh | ALP
38.     | Trade Marks Amendment (Iconic Symbols of National Identity) Bill 2015 | Katter | IND

Source: Chamber Research Office, House of Representatives Private Members’ Bills, House of Representatives Statistics.

Appendix 2: Private senators’ bills introduced in the Senate

Note:

•        The Table below only includes Bills introduced after the opening of Parliament on 12 November 2013 and

•        Party membership is noted at the day of the Bill’s introduction.

| Short title | Sponsor | Party
1.         | Aboriginal and Torres Strait Islander Amendment (A Stronger Land Account) Bill 2014 | Siewert | GRN
2.         | Adelaide Airport Curfew Amendment (Protecting Residents’ Amenity) Bill 2014 | Wright | GRN
3.         | Australian Broadcasting Corporation Amendment (Local Content) Bill 2014 | Xenophon | IND
4.         | Australian Broadcasting Corporation Amendment (Rural and Regional Advocacy) Bill 2015 | McKenzie | NP
5.         | Australian Centre for Social Cohesion Bill 2015 | Milne | GRN

6.        

Australian Government Boards (Gender Balanced Representation) Bill 2015

Xenophon
Lambie
Lazarus
Waters

IND
IND
IND
GRN

7.         | Automotive Transformation Scheme Amendment (Securing the Automotive Component Industry) Bill 2015 | Rice Simms | GRN GRN
8.         | Charter of Budget Honesty Amendment (Intergenerational Report) Bill 2015 | Milne | GRN
9.         | Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013 | Xenophon | IND
10.     | Commonwealth Electoral Amendment (Donations Reform) Bill 2014 | Rhiannon | GRN
11.     | Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2016 | Rhiannon | GRN
12.     | Commonwealth Electoral Amendment (Reducing Barriers for Minor Parties) Bill 2014 | Rhiannon | GRN
13.     | Commonwealth Grants Commission Amendment (GST Distribution) Bill 2015 | Wang | PUP
14.     | Competition and Consumer Amendment (Australian Country of Origin Food Labelling) Bill 2015 | Milne Xenophon | GRN IND
15.     | Competition and Consumer Amendment (Misuse of Market Power) Bill 2014 | Xenophon | IND
16.     | Corporations Amendment (Financial Advice) Bill 2014 | Whish-Wilson | GRN
17.     | Corporations Amendment (Publish What You Pay) Bill 2014 | Milne | GRN
18.     | Criminal Code Amendment (Animal Protection) Bill 2015 | Back | LIB
19.     | Criminal Code Amendment (Harming Australians) Bill 2013 | Xenophon | IND
20.     | Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 | Xenophon | IND
21.     | Defence Amendment (Fair Pay for Members of the ADF) Bill 2014 | Lambie | IND
22.     | Defence Legislation Amendment (Parliamentary Approval of Overseas Service) Bill 2014 | Ludlam | GRN
23.     | Defence Legislation Amendment (Parliamentary Approval of Overseas Service) Bill 2015 | Ludlam | GRN
24.     | Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 | Farrell | ALP
25.     | End Cruel Cosmetics Bill 2014 | Rhiannon | GRN
26.     | Environment Protection and Biodiversity Conservation Amendment (Alpine Grazing) Bill 2014 | Di Natale | GRN
27.     | Environment Protection and Biodiversity Conservation Amendment (Prohibition of Live Imports of Primates for Research) Bill 2015 | Rhiannon | GRN
28.     | Environment Protection and Biodiversity Conservation Amendment Bill 2014 | Ludwig | ALP
29.     | Fair Work Amendment (Gender Pay Gap) Bill 2015 | Waters | GRN
30.     | Fair Work Amendment (Penalty Rates Exemption for Small Businesses) Bill 2015 | Leyonhjelm Day | LDP FFP
31.     | Fair Work Amendment (Protecting Australian Workers) Bill 2016 | Cameron | ALP
32.     | Family Tax Benefit (Tighter Income Test) Bill 2014 | Leyonhjelm | LDP
33.     | Flags Amendment Bill 2014 | Xenophon Madigan | IND DLP

34.    

Food Standards Amendment (Fish Labelling) Bill 2015

Xenophon
Lazarus
Lambie
Whish-Wilson
Wang
Madigan

IND
IND
IND
GRN
PUP
IND

35.     | Freedom of Information Amendment (Requests and Reasons) Bill 2015 | Ludwig | ALP
36.     | Freedom to Marry Bill 2014 | Leyonhjelm | LDP
37.     | Great Barrier Reef Legislation Amendment Bill 2014 | Waters | GRN
38.     | Guardian for Unaccompanied Children Bill 2014 | Hanson-Young | GRN
39.     | Higher Education Support Amendment (New Zealand Citizens) Bill 2015 | Carr | ALP
40.     | Independent National Security Legislation Monitor (Improved Oversight and Resourcing) Bill 2014 | Wright | GRN
41.     | Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures) Bill 2011 [2013] | Xenophon | IND
42.     | International Aid (Promoting Gender Equality) Bill 2015 | Rhiannon | GRN
43.     | Landholders’ Right to Refuse (Gas and Coal) Bill 2013 | Waters | GRN
44.     | Landholders’ Right to Refuse (Gas and Coal) Bill 2015 | Waters | GRN
45.     | Live Animal Export (Slaughter) Prohibition Bill 2014 | Rhiannon | GRN
46.     | Marriage Equality Amendment Bill 2013 | Hanson-Young | GRN

47.    

Marriage Equality Plebiscite Bill 2015

Rice
Lazarus
Leyonhjelm
Lambie
Muir
Xenophon

GRN
IND
LDP
IND
AMEP
IND

48.     | Migration Amendment (Free the Children) Bill 2016 | Hanson-Young | GRN
49.     | Migration Amendment (Humanitarian Visa Intake) Bill 2014 | Hanson-Young | GRN
50.     | Migration Amendment (Protecting Babies Born in Australia) Bill 2014 | Hanson-Young | GRN
51.     | Migration Amendment (Visa Maximum Numbers Determinations) Bill 2013 | Hanson-Young | GRN
52.     | Mining Subsidies Legislation Amendment (Raising Revenue) Bill 2014 | Milne | GRN
53.     | Motor Vehicle Standards (Cheaper Transport) Bill 2014 | Milne | GRN
54.     | National Broadband Network Companies Amendment (Tasmania) Bill 2014 | Urquhart | ALP
55.     | National Integrity Commission Bill 2013 | Milne | GRN
56.     | Native Title Amendment (Reform) Bill 2014 | Siewert | GRN
57.     | Parliamentary Expenses Amendment (Transparency and Accountability) Bill 2015 | Xenophon | IND
58.     | Parliamentary Joint Committee on Intelligence and Security Amendment Bill 2015 | Wong | ALP
59.     | Parliamentary Proceedings Broadcasting Amendment Bill 2013 | Xenophon | IND
60.     | Privacy Amendment (Privacy Alerts) Bill 2014 | Singh | ALP
61.     | Private Health Insurance Amendment (GP Services) Bill 2014 | Di Natale | GRN

62.    

Racial Discrimination Amendment Bill 2014

Day
Bernardi
Leyonhjelm
Smith

FFP
LIB
LDP
LIB

63.     | Recognition of Foreign Marriages Bill 2014 | Hanson-Young | GRN

64.    

Regulator of Medicinal Cannabis Bill 2014

Di Natale
Macdonald
Leyonhjelm
Urquhart

GRN
LIB
LDP
ALP

65.     | Reserve Bank Amendment (Australian Reconstruction and Development Board) Bill 2013 | Xenophon Madigan | IND DLP
66.     | Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 | Leyonhjelm | LDP
67.     | Restoring Territory Rights (Dying with Dignity) Bill 2016 | Di Natale Gallagher | GRN ALP
68.     | Save Our Sharks Bill 2014 | Siewert | GRN
69.     | Social Security (Administration) Amendment (Consumer Lease Exclusion) Bill 2015 | Cameron | ALP
70.     | Social Security Amendment (Caring for People on Newstart) Bill 2014 | Siewert | GRN
71.     | Social Security Amendment (Diabetes Support) Bill 2016 | Muir | AMEP
72.     | Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2014 | Siewert | GRN
73.     | Stop Dumping on the Great Barrier Reef Bill 2014 | Waters | GRN
74.     | Trade and Foreign Investment (Protecting the Public Interest) Bill 2014 | Whish-Wilson | GRN
75.     | Veterans’ Entitlements Amendment (Expanded Gold Card Access) Bill 2015 | Lambie | IND
76.     | Voice for Animals (Independent Office of Animal Welfare) Bill 2015 | Rhiannon | GRN

Source: Department of the Senate, StatsNet website, Private Senators’ Bill from 1901.

Appendix 3: Double dissolution triggers and the Proclamation dissolving the 44th Parliament and related correspondence

At 9:00am on 9 May 2016 the Governor-General dissolved the House of Representatives and the Senate by Proclamation. The Proclamation dissolving the 44th Parliament is attached below, along with the following related correspondence of 8 May 2016:

•        Prime Minister Turnbull’s advice to the Governor-General to dissolve the Parliament under section 57 of the Constitution

•        Attorney-General Brandis’ advice to the Governor-General regarding fulfilment of the constitutional requirements for dissolution and

•        the Governor-General’s acceptance of the Prime Minister’s advice.

The advice of the Prime Minister and the Attorney-General cited the following bills as having satisfied the requirements of section 57 of the Constitution:

•        the Fair Work (Registered Organisations) Amendment Bill 2014 and the Fair Work (Registered Organisations) Amendment Bill 2014 [No. 2]

•        the Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Improving Productivity) Bill 2013 [No. 2] and

•        the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No. 2].[154]

In addition to these bills, the Clean Energy Finance Corporation (Abolition) Bill 2013 and the Clean Energy Finance Corporation (Abolition) Bill 2013 [No. 2] were also ‘trigger’ bills, having met the requirements of section 57 of the Constitution. These bills, however, were not cited in the advice of the Prime Minister and the Attorney-General to the Governor-General. In late March 2016 Prime Minister Turnbull had announced that the Government would retain the Clean Energy Finance Corporation.[155]

Double dissolution triggers and the Proclamation dissolving the 44th Parliament and related correspondence (PDF 354KB)

Appendix 4: Conscience votes in the 44th Parliament

There were no conscience votes in the House of Representatives or the Senate during the 44th Parliament. A number of same-sex marriage bills, in which Labor members of parliament were granted a conscience vote, were introduced into both Houses but none of these bills reached a vote. The bills lapsed on the prorogation and/or dissolution of the Parliament.[156] In the 43rd Parliament two same-sex marriage bills in the Senate and one in the House of Representatives reached a vote.[157] A summary of the same-sex marriage bills introduced in the 44th Parliament is listed below.

Same-sex marriage bills introduced in the House of Representatives

Bill | Sponsor | Parties granted a conscience vote | Result
Marriage Amendment (Marriage Equality) Bill 2015 | Bill Shorten (ALP, Maribyrnong, Vic.) | ALP | removed from the Notice Paper in accordance with Standing Order 42 on 9 February 2016
Marriage Legislation Amendment Bill 2015 | Warren Entsch (LIB, Leichhardt, Qld), Teresa Gambaro (LIB, Brisbane, Qld), Terri Butler (ALP, Griffith, Qld), Laurie Ferguson (ALP, Werriwa, NSW), Adam Bandt (GRN, Melbourne, Vic.), Cathy McGowan (IND, Indi, Vic.), Andrew Wilkie (IND, Denison, Tas.) | ALP | lapsed at the prorogation of the Parliament on 15 April 2016
Marriage Amendment (Marriage Equality) Bill 2016 | Tanya Plibersek (ALP, Sydney, NSW) | ALP | lapsed at the dissolution of the Parliament on 9 May 2016

Source: Compiled by the Parliamentary Library

Same-sex marriage bills introduced in the Senate

Bill | Sponsor | Parties granted a conscience vote | Result
Marriage Equality Amendment Bill 2013 | Senator Sarah Hanson-Young (GRN, SA) | ALP | lapsed at the dissolution of the Parliament on 9 May 2016
Recognition of Foreign Marriages Bill 2014 | Senator Sarah Hanson-Young (GRN, SA) | ALP | lapsed at the dissolution of the Parliament on 9 May 2016
Freedom to Marry Bill 2014 | David Leyonhjelm (LDP, NSW) | ALP | lapsed at prorogation of the Parliament on 15 April 2016

Source: Compiled by the Parliamentary Library

Appendix 5: Floor crossings in the 44th Parliament 

The table below shows the number of floor crossings by senators in the 44th Parliament.[158] During the 44th Parliament no members of the House of Representatives crossed the floor compared with nine in the previous parliament.[159]

Senator Name | Issue(s) | No. of floor crossings

Williams, John (NP, NSW)

•        in support of a crossbench motion on housing affordability (18 March 2015)

•        in support of an Australian Greens motion calling on the Government to establish a royal commission into misconduct within the financial industry. (24 June 2016)

•        in support of an Australian Greens motion advocating a change in competition laws (the effects test) which would stop big business ‘abusing’ market power (15 September 2015)

3

Bernadi, Cory (LIB, SA)

•        co-sponsored a crossbench motion to amend the Higher Education Support Act 2003 so that the Student Services Amenities Fee could only be levied with the support of the majority of students at each university campus in a mandatory ballot conducted once an academic year. (26 November 2015)

•        against an amendment to the Tax Laws Amendment (Combating Multinational Tax Avoidance) Bill 2015. The amendment required that private companies with an annual income of $200 million and above disclose their tax affairs (3 December 2015)

2

Canavan, Matthew (NP, Qld) | •        in support of a Family First motion on housing affordability (18 March 2015) •        in support of an Australian Greens motion advocating a change in competition laws (the effects test) which would stop big business ‘abusing’ market power (15 September 2015) | 2
Abetz, Eric (LIB, Tas.) | •        in support of a crossbench motion to amend the Higher Education Support Act so that the Student Services Amenities Fee could only be levied with the support of the majority of students at each university campus in a mandatory ballot conducted once an academic year (26 November 2015) | 1
Back, Chris (LIB, WA) | •        in support of a crossbench motion on housing affordability (18 March 2015) | 1
Macdonald, Ian (LIB, Qld) | •        in support of a 2nd reading amendment to the Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 [No. 2] (9 July 2014) | 1
McKenzie, Bridget (NP, Vic.) | •        in support of an Australian Greens motion advocating a change in competition laws (the effects test) which would stop big business ‘abusing’ market power (15 September 2015) | 1
O’Sullivan, Barry (NP, Qld) | •        in support of a crossbench motion on housing affordability (18 March 2015) | 1

Source: Compiled by the Parliamentary Library

Appendix 6: Further reading

Parliamentary Library publications

Research papers

Politics and Public Administration Section, The hung Commonwealth Parliament: the first year, Background note, Parliamentary Library, Canberra, October 2011.

Politics and Public Administration Section, The Hung Parliament: procedural changes in the House of Representatives, Research Paper, 2013–14, Parliamentary Library, Canberra, 2013.

S Barber, House of Representatives by-elections: 1901-2015, Research paper, Parliamentary Library, Canberra, 4 April 2016.

H Gobbett, Parliamentary relations: political families in the Commonwealth Parliament, Research paper, Parliamentary Library, Canberra, 9 November 2015.

H Gobbett, Indigenous parliamentarians, federal and state: a quick guide, Research paper, Parliamentary Library, Canberra, updated 11 April 2016.

R Lundie, 'So when is the next election?': Australian elections timetable as at 1 September 2016, Research paper, Parliamentary Library, Canberra, 11 December 2016.

R Lundie, ‘That’s it, you’re out': disorderly conduct in the House of Representatives from 1901 to 2013, Research paper, Parliamentary Library, Canberra, 11 December 2013.

R Lundie, ‘That’s it, you’re out’: disorderly conduct in the House of Representatives from 1901 to 2016, Research paper, Parliamentary Library, Canberra, forthcoming.

J McCann, J Wilson and H Gobbett, Composition of Australian parliaments by party and gender, as at 2 July 2014, Research paper, Parliamentary Library, Canberra, 2014.

J McCann with D Heriot, Australia’s Parliament House—more than 25 years in the making! A chronology, Parliament House website, updated 3 December 2013.

D McKeown, Chronology of same-sex marriage bills introduced into the federal parliament: a quick guide, Research paper, Parliamentary Library, Canberra, 21 July 2016.

D McKeown, R Lundie and G Baker, Crossing the floor in the federal parliament 1950 – August 2004, Research note, Parliamentary Library, Canberra, 10 October 2005.

FlagPosts

B Holmes, ‘Use of social media by MPs in the Chamber’, FlagPost, Parliamentary Library blog, 24 September 2014.

S Fernandes, ‘Tweeting from the chamber’, FlagPost, Parliamentary Library blog, 4 March 2013.

R Lundie, The electoral fortunes of MPs who left major parties and contested the next election as Independents, FlagPost, Parliamentary Library blog, 10 May 2016.

R Lundie, The disputed 2013 WA Senate election, FlagPost, Parliamentary Library blog, 20 November 2013.

C Madden, Prime ministers and recent Liberal Party leadership challenges, FlagPost, Parliamentary Library blog, 15 September 2015.

D Muller, So you've been prorogued - common questions answered, FlagPost, Parliamentary Library blog, 23 March 2016.

D Muller, It's my party, FlagPost, Parliamentary Library blog, 10 April 2015.

House of Representatives Standing Committee on Procedure reports

House of Representatives Standing Committee on Procedure, Use of electronic devices in the chamber and the federation chamber, Department of the House of Representatives, Canberra, 24 September 2014.

House of Representatives Standing Committee on Procedure, Provisions for a more family-friendly Chamber, Department of the House of Representatives, Canberra, 2 December 2015.

House of Representatives Standing Committee on Procedure, Maintenance of the standing orders, Department of the House of Representatives, Canberra, 2 May 2016.

Senate Procedural Information Bulletins and Standing Committee on Procedure reports

Senate, ‘Prorogation and a new session of Parliament’, Procedural Information Bulletin No 303, Occasional note, The Senate, Canberra, 23 March 2016.

Senate, Procedural Information Bulletin, No. 34 for sitting period 18 and 19 April 2016, The Senate, Canberra.

Senate Standing Committee on Procedure, First report of 2014, The Senate, Canberra, 26 June 2014.

Senate Standing Committee on Procedure, Third Report of 2015, The Senate, Canberra, 10 November 2015.

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[1].               Department of the Senate, Procedural Information Bulletin, No. 305, 9 May 2016. Please note: all references have been accessed between 1– 30 October 2016 unless otherwise specified.

[2].               Politics and Public Administration Section, The hung parliament: procedural changes in the House of Representatives, Research paper, 2013–14, Parliamentary Library, Canberra, 22 November 2013.

[3].               Kevin Rudd, also a first term Prime Minister, was deposed in the 42nd Parliament.

[4].               B Holmes, Federal Election 2013: issues, dynamics, outcomes, Research paper series 2013–14, Parliamentary Library, Canberra, 22 January 2014.

[5].               R Lundie, The disputed 2013 WA Senate election, Flagpost, Parliamentary Library blog, 20 November 2013; Australian Electoral Commission, 2014 WA Senate election, AEC website.

[6].               T Abbott (Leader of the Federal Coalition), A team to build a stronger Australia, media release, 16 September 2016.

[7].               Senator A Sinodinos, ‘Matters of Public Interest: Australian Water Holdings’, Senate, Debates, 19 March 2014.

[8].               T Abbott (Prime Minister), Resignation of Senator Arthur Sinodinos, media release, 19 December 2014.

[9].               See criticisms noted in Budget review 2014–15, Research paper series, 2014–15, Parliamentary Library, Canberra, 2014. See also S Kelly, Budget 2014: Opinion: Failure of imagination, The Saturday Paper, 31 May 2014.

[10].               Australia, Senate, Senator Madigan—Resignation from Democratic Labour Party—Statement by Leave, Journals, SJ 52, 4 September 2014.

[11].               Australia, Senate, Senator Lambie—Resignation from Palmer United Party—Statement by Leave, Journals, SJ 67, 24 November 2014.

[12].               T Abbott (Prime Minister), Changes to the ministry, media release, 21 December 2014.

[13].               Tony Abbott holds on to leadership 61 votes to 39 but some say the PM can't recover, Radio National, 9 February 2015.

[14].               Australia, Senate, Senator Lazarus—Resignation from Palmer United Party—Statement by Leave, Journals, SJ 83, 16 March 2015.

[15].               Australia, Senate, Leader of the Glenn Lazarus Team, Journals, SJ 137, 4 February 2016.

[16].               Australia, House of Representatives, ‘Death of Donald James Randall–Motion of condolence’, Votes and Proceedings, HVP 132, 11 August 2015.

[17].               T Abbott (Prime Minister), Transcript of press conference: Sydney: 2 August 2015: Speaker; Reform of parliamentary entitlements, media release, 2 August 2015.

[18].               ‘Parliamentary office holders: Speaker’, House of Representatives, Debates, 10 August 2015.

[19].               M Turnbull, Transcript of press conference: Parliament House, Canberra: 14 September 2015: Liberal Party leadership, media release, 14 September 2015.

[20].               M Turnbull and J Bishop, Transcript of joint press conference: Parliament House, Canberra: 14 September 2015: Liberal Party leadership, media release, 14 September 2016.

[21].               W Truss (Leader of the Nationals, Deputy Prime Minister, Minister for Infrastructure and Regional Development), New Liberal leader - new Coalition agreement, media release, 15 September 2015

[22].               M Turnbull (Prime Minister), Transcript of doorstop interview: Canberra: 20 September 2015: new Ministry, media release, 20 September 2015.

[23].               M Turnbull (Prime Minister), Changes to the Ministry, media release, 30 September 2015.

[24].               M Turnbull (Prime Minister), Ministerial arrangements - The Hon Jamie Briggs MP, media release, 29 December 2015; M Briggs (Minister for Cities and the Built Environment), Resignation as Minister for Cities and the Built Environment, media release, 29 December 2015.

[25].               M Turnbull (Prime Minister), Ministerial arrangements, media release, 29 December 2015.

[26].               M Turnbull (Prime Minister), Press conference on new ministry, Sydney, media release, 13 February 2016; M Brough, Announcement: Federal Member for Fisher, media release, 26 February 2016.

[27].               P Ruddock, Statement by the Hon. Philip Ruddock MP, media release, 8 February 2016.

[28].               J Bishop (Minister for Foreign Affairs), Special Envoy for Human Rights, media release, 8 February 2016.

[29].               A Robb, (Minister for Trade), Statement [re: retirement from politics], media release, 10 February 2016.

[30].               W Truss (Deputy Prime Minister), Address to the House, Canberra, media release, 11 February 2016.

[31].               M Kenny, ‘Turnbull clears the decks’, Age, 13 February 2016.

[32].               M Turnbull (Prime Minister), Statement by the Prime Minister, media release, 12 February 2016.

[33].               M Turnbull (Prime Minister), Press Conference on new ministry, Sydney, media release, 13 February 2016.

[34].               Department of the Senate, StatsNet website, ‘Bills generating lengthy debate’.

[35].               M Turnbull (Prime Minister), Speech to Parliament: Senate voting reform, media release, 18 March 2016.

[36].               Joint Standing Committee on Electoral Matters, Interim Report of the inquiry into the conduct of the 2013 Federal election: Senate voting practices, The Committee, May 2014, p.xvII.

[37].               R Di Natale, Voters will decide next election result, media release, 18 March 2016.

[38].               R Muir, ‘Motion: days and hours of meeting’, Senate, Debates, 16 March 2016; M Fifield, Transcript of interview with Barrie Cassidy: ABC Insiders: 6 March 2016: Party Room; Tony Abbott; Malcolm Turnbull; media reform; ABC; ABCC, media release, 6 March 2016.

[39].               Day v Australian Electoral Officer for the State of South Australia; Madden v Australian Electoral Officer for the State of Tasmania [2016] HCA 20, 13 May 2016.

[40].               P Wong, ’Adjournment’, Senate, Debates, 17 March 2016.

[41].               Australia, Senate, Journals, 148, 17 March 2016.

[42].               M Turnbull, Letters re: prorogue of Parliament, media release, 21 March 2016; M Turnbull, Transcript of press conference: Parliament House, Canberra: 21 March 2016: return of both houses of Parliament on April 18; Federal Budget on 3 May 2016; ABCC and Registered Organisations bills; possible double dissolution election, media release, 21 March 2016.

[43].               Prorogation and a new session of Parliament, Occasional note, Senate Procedural Bulletin no 303, 23 March 2016; D Muller, So you've been prorogued - common questions answered, Flagpost, Parliamentary Library blog, 23 March 2016.

[44].               M Turnbull, Letters re: prorogue of Parliament, op.cit.

[45].               For an explanation of the timing of a DD election see R Lundie, Australian elections timetable as at 7 April 2014, Research paper series, 2013–14, Parliamentary Library, Canberra, 2014.

[46].               M Cormann, ‘Supply bills to keep government running’, 9News.com, 28 April 2016.

[47].               D Weight and P Pyburne, Supply Bill (No.1) 2016-17 [and] Supply Bill (No. 2) 2016-17 [and] Supply (Parliamentary Departments) Bill (No. 1) 2016-17, Bills Digest, 115, 2015–16, Parliamentary Library, Canberra, 3 May 2016.

[48].               C Pyne, ‘Building and Construction Industry (Improving Productivity) Bill 2013 [No. 2], Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No. 2]’, House of Representatives, Debates, 18 April 2016.

[49].               Australia, Senate, Journals, 149, 18 April 2016.

[50].               Australia, Senate, Journals, 150, 2015–16, 19 April 2016.

[51].               J McAllister, ’Privileges Committee Reference’, Senate, Debates, 4 May 2016.

[52].               Australia, Senate, ‘Legislation Committees—Estimates Hearings—Days of Meeting—Variation’, Journals, 150, 19 April 2016.

[53].               Australia, House of Representatives, Votes and Proceedings, HVP 4, 3 May 2016.

[54].               M Turnbull (Prime Minister), Transcript of press conference: Canberra, ACT: 8 May 2016: election 2016 our economic plan, media release, 8 May 2016; Prime Minister's advice regarding a double dissolution election, media release, 8 May 2016.

[55].               Australia, House of Representatives, Votes and Proceedings, 1, 2013, 12 November 2013, pp. 6–7.

[56].               Ibid.

[57].               B Bishop, ‘Parliamentary Office Holders: Speaker’, House of Representatives, Debates, 12 November 2014, p. 11; E Hall, ‘Newly-elected Madam Speaker Bishop vows change’, Radio National, Australian Broadcasting Corporation (ABC), 12 November 2013.

[58].               Australia, House of Representatives, Votes and Proceedings, 1, 2013, op. cit., p. 10.

[59].               Australia, House of Representatives, Votes and Proceedings, 131, 2013–2015, 10 August 2015, p. 1,471.

[60].               T Smith, ‘Parliamentary Office Holders: Speaker’, House of Representatives, Debates, 10 August 2015, p. 7,747.

[61].               Australia, House of Representatives, Votes and Proceedings, 2, 2013, 13 November 2013, pp. 51, 64–65.

[62].               Ibid., p. 39.

[63].               Ibid., p. 53.

[64].               C Pyne, ‘Motions: Standing and Sessional Orders’, House of Representatives, Debates, 13 November 2013, p. 92.

[65].               T Burke, ‘Motions: Standing and Sessional Orders’, House of Representatives, Debates, 13 November 2013, pp. 107, 110.

[66].               Australia, House of Representatives, Votes and Proceedings, 2, 2013, op. cit., pp. 64–65.

[67].               S Parry (President of the Senate), ‘Questions to the President: Parliament House security’, Senate, Debates, 2 October 2014, p. 7,660. The measures also involved visitors wearing coverings not wishing to be ‘readily identified in the galleries of each chamber’ using ‘the galleries that are fully enclosed in glass’: ibid.

[68].               Ibid.

[69].               B Bishop (Speaker of the House of Representatives), ‘Questions to the Speaker: Parliament House Security ’, House of Representatives, Debates, 20 October 2014, p. 11,337.

[70].               Senate Finance and Public Administration Legislation Committee, Official Committee Hansard, 20 October 2014, p. 8.

[71].               Ibid., p. 9; see also B Bishop (Speaker of the House of Representatives), ‘Questions to the Speaker: Parliament House Security ’, op. cit., p. 11,338.

[72].               Australia, House of Representatives, Votes and Proceedings, 34, 2013–14, 27 March 2014, pp. 444–45.

[73].               Australia, House of Representatives, Votes and Proceedings, 38, 2013–14, 26 May 2014, pp. 485–7.

[74].               Australia, House of Representatives, Votes and Proceedings, 2, 2013, 13 November 2013, pp. 40–3; Australia, House of Representatives, Votes and Proceedings, 13, 2013, 10 December 2013, pp. 205–8; Australia, House of Representatives, Votes and Proceedings, 119, 2013–15, 1 June 2015, pp. 1,338–9.

[75].               Department of Finance (DoF), The Hon Bronwyn Bishop MP: expenditure on entitlements paid by the Department of Finance 1 July 2014 to 31 December 2014, DoF, Canberra, n.d., p. 10.

[76].               A Smethurst, ‘Bishop flies into travel fee storm’, Adelaide Advertiser, 16 July 2015, p. 3; N Butterly, ‘Bishop under fire over travel bills’, West Australian, 16 July 2016, p. 4. DoF guidance on entitlements states that payments for charter travel by presiding officers, ministers and those in certain other roles is ‘for official business’: DoF, ‘Parliamentarians’ Expenditure on Entitlements—Period 1 July to 31 December 2014’, DoF website.

[77].               E Hall, ‘Bronwyn Bishop apologises for travel expense claims’, Radio National, ABC, 30 July 2015; B Bishop (Speaker of the House of Representatives), Statement, media release, 2 August 2015.

[78].               C Pyne, ‘Motions: Standing and Sessional Orders’, House of Representatives, Debates, 13 November 2013.

[79].               Agreement for a better Parliament: Parliamentary reform, 2010. In order to secure a second term of Government after the 2010 election, Prime Minister Gillard entered into a series of agreements with three independent MPs and the Australian Greens. This resulted in a formalised Agreement for a better parliament (the Agreement).

[80].               T Burke, ‘Motions: Standing and Sessional Orders’, House of Representatives, Debates, 13 November 2013

[81].               M Turnbull, Statements on indulgence, Questions Without Notice, House of Representatives, Debates, 20 October 2015,

[82].               Department of the House of Representatives, Work of the session, winter session 18 April to 5 May 2016, The Department, Canberra, May 2016.

[83].               Senate Procedure Committee, First report of 2014, 26 June 2014.

[84].               Australia, Senate, Questions Without Notice—Standing Order 72—Amendment, Journals, SJ 35, 24 June 2014.

[85].               Glossary: a glossary of parliamentary words, Australian Parliament website, defines the term ‘named’  as ‘to formally identify a member for disorderly behaviour during a sitting of a house, by which action a presiding officer sets in train disciplinary proceedings which may result in the suspension of the member from the house’ and the term ‘suspended’ as ‘to remove a Senator or Member from a house and so prevent, for a time, his or her performing any duties in, or being present in, the house (usually in response to disorderly conduct by the Senator or Member)’.

[86].               For further information and statistics see R Lundie, That’s it, you’re out': disorderly conduct in the House of Representatives from 1901 to 2013, Research paper, Parliamentary Library, Canberra, 11 December 2013.

[87].               Department of the Senate, Odgers’ Australian Senate practice, Chapter 10 – debate, 13th edition, The Senate, Canberra, p. 270.

[88].               House of Representatives Standing Orders, as at 13 September 2016. Under SO 127 where there are four or fewer members on one side in a division the Speaker declares the decision of the House immediately without completing the count,

[89].               Department of the House of Representatives, House of Representatives Practice, 6th edition, The Department, Canberra, 2012, p. 274, footnote 329; The hung Parliament: procedural changes in the House of Representatives, op. cit.

[90].               House of Representatives, Guide to procedures, 5th ed, 2014, p. 21,  states ‘In the case of items of government business on which no further debate is desired, it is customary for the House from time to time to agree to a motion to discharge [remove] these from the Notice Paper’.

[91].               Department of the Senate, StatsNet website, ‘Bills laid aside or negatived, their history and status as possibly meeting the requirements of section 57 of the Constitution [44th Parliament - 1st and 2nd sessions]’.

[92].               Compiled by the Department of the Senate.

[93].               A Green, Record vote for minor parties at the 2013 election, Antony Green’s election blog, 19 November 2013.

[94].               Note: Pauline Hanson was elected as an Independent in 1996. Pauline Hanson’s One Nation Party was not formed until June 1997.

[95].               A Green, Record vote for minor parties at the 2013 election, op. cit.

[96].               Australian Electoral Commission, Declaration of the poll in the electorate of Fairfax, media release, 31 October 2013.

[97].               A Green, Ricky Muir's strange path to the Senate, Antony Green’s election blog, 7 August 2014.

[98].               D Leyonhejelm, Opinion: Liberals don't live up to their name, unlike the LDP, The Australian, 1 October 2013.

[99].               B Holmes, Federal Election 2013: issues, dynamics, outcomes, Research paper series, 2013–14, 22 January 2014, p. 25.

[100].               H Ewart, ‘Clive Palmer and motoring enthusiast grab balance’, The 7.30 Report, Australian Broadcasting Corporation, 10 October 2013.

[101].               Palmer United Party and Australian Motoring Enthusiasts Party, Memorandum of Understanding between the Australian Motoring Enthusiast Party and the Palmer United Party, media release, 6 October 2013.

[102].               Mr Abbott (Prime Minister), Transcript of interview with Neil Mitchell: Radio 3AW Melbourne: 18 March 2015: Budget, media release, 18 March 2015.

[103].               T Dale and K Swoboda, ‘Previous measures: those revised in the 2015–16 Budget and those not yet proceeded with’, Budget Review 2015–16, Research paper series, 2015–16, Parliamentary Library, Canberra, 2015.

[104].               A Green, Palmer United - the rise and demise of a vanity party, Antony Green’s election blog, 19 January 2016.

[105].               House of Representatives website, ‘Work of the session’.

[106].               House of Representatives website, Selection Committee, notes that in the 44th Parliament the Selection Committee was responsible for the selection of committee and delegation business and private Members' business. See House of Representatives Standing Orders, as at 13 November 2013, SO 222, for a full description of the role of the Committee in the 44th Parliament. See also The hung Parliament paper, op. cit., pp. 5–6 for details of the operation of the Selection Committee in the 43rd Parliament.

[107].               C Pyne, ‘Motions: Standing and Sessional Orders’, op. cit.

[108].               Ibid.

[109].               These figures do not include Joint Committees that the Senate may support.

[110].               Odgers’ Australian Senate Practice, op.cit., p.463.

[111].               Department of the Senate, Annual Report 2014–15, The Department, Canberra, 2015, pp. 3–4.

[112].               Finance and Public Administration Legislation Committee, Official Committee Hansard, 8 February 2016, pp. 4–5.

[113].               The figures in Table 5 include inquires by References committees which inquire into and report upon various general matters referred to them by the Senate and Legislation committees which inquire into and report on any bills or draft bills referred to them. See Department of the Senate, No 4: Senate committees, Senate briefs, Department of the Senate website.

[114].               Department of the Senate, Report to the Finance and Public Administration Legislation Committee: Senate committee activities, Budget Estimates, 5 May 2016, graph 1.

[115].               Australia, Senate, Legislation Committees—Estimates Hearings, Journals, SJ No. 36, 25 June 2014.

[116].               Senate Standing Committee on Procedure, First report of 2015, The Committee, Canberra, March 2015.

[117].               M Lumb, ‘Composition of the 44th Parliament’, Parliamentary Library Briefing Book: Key Issues for the 4th Parliament, Parliamentary Library, Canberra, December 2013, p. 4.

[118].               J McCann, J Wilson and H Gobbett, Composition of Australian parliaments by party and gender, as at 2 July 2014, Parliamentary Library, Canberra, 2014. The figures in Composition of Australian parliaments by party and gender differ slightly from those in the table above as they take into account the Griffith by-election on 8 February 2014, at which Terri Butler was elected to replace Kevin Rudd.

[119].               Ibid.

[120].               P van Onselen, Women in for a long wait, Sunday Tasmanian, 22 September 2013; M Devine, Opinion: Women should learn from Julie, Sunday Telegraph, 22 September 2013.

[121].               Parliamentary Library, Parliamentary Handbook of the Commonwealth of Australia, 44th Parliament, Parliamentary Library, Canberra, 2014; Commonwealth Government, Ministry lists.

[122].               J Wilson, R Lundie and D McKeown, Zippers: former prime ministers leaving parliament, FlagPost, Parliamentary Library blog, 14 November 2013.

[123].               J Bishop (Minister for Foreign Affairs), Ambassador to the United States of America, media release, 8 December 2015.

[124].               Australian Electoral Commission (AEC), ‘Federal elections’ and ‘By-elections & Supplementary Elections’, AEC website, accessed 6 July 2016.

[125].               The last by-election held because of the death of a sitting member was in 2000 for the seat of Aston, Vic., following the death of Liberal member Peter Nugent. See D Muller, ‘The 2015 Canning By-Election’, FlagPost, Parliamentary Library blog, 21 August 2015.

[126].               AEC, op. cit., and Parliamentary Library, ‘Senate vacancies’, Parliamentary Handbook of the Commonwealth of Australia, 44th Parliament, Parliamentary Library, Canberra, 2014.

[127].               J Bishop (Minister for Foreign Affairs), Ambassador to the Netherlands, media release, 21 April 2015.

[128].               See Australia, Senate, ’Vacancy in the representation of Tasmania’, Journals, SJ No. 103, 10 August 2015 and ‘Resignation of Chief Minister’, ACT Assembly, Debates, 10 December 2014, p. 4,347.

[129].               In October 2013 Senator Bob Carr submitted a double resignation from his current term and from the term to which he had been elected, to commence from 1 July 2014. The New South Wales Parliament filled the current vacancy only. The vacancy commencing on 1 July 2014 was filled on 2 July 2014. For more information, see: Parliament of Australia, Senate, Procedural Information Bulletin No 284, for the sitting period 7 to 18 July 2014, Parliament of Australia website.

[130].               Barnaby Joyce resigned from the Senate on 8 August 2013 to contest the House of Representatives seat of New England (NSW) in the 2013 federal election. The casual vacancy for the state of Queensland was filled on 11 February 2014 with the appointment of Barry O’Sullivan.

[131].               Note: Senator Dodson (ALP, WA) was sworn in on 2 May 2016, having been chosen by the Parliament of Western Australia, at a specially convened sitting, to fill the vacancy caused by the resignation of Senator Bullock (ALP, WA) on 13 April 2016. See Australia, Senate, ‘Vacancy in the Representation of Western Australia—Choice of Patrick Lionel Dodson’, Journals, 151, 2 May 2016.

[132].               Senate Procedure Committee, Third Report of 2015, 10 November 2015, Attachment 1.

[133].               Ibid.

[134].               Ibid.

[135].               J Nethercote, ‘Bringing the house to order’, Australian, 3 September 2010.

[136].               The Hung Parliament, op. cit., p. 22.

[137].               Agreement for a better Parliament, reproduced in the Hung Parliament paper, cl. 9.2, p. 5., In order to secure a second term of Government after the 2010 election, Prime Minister Gillard entered into a series of agreements with three independent MPs and the Australian Greens. This resulted in a formalised Agreement for a better parliament (the Agreement).

[138].               C McGowan, ‘Ministerial statements: closing the gap’, House of Representatives, Debates, 10 February 2016.

[139].               Australia, House of Representatives, ‘Amendment to standing orders’, Votes and Proceedings, HVP 111, 26 March 2015.

[140].               Department of the Senate, StatsNet website, ‘General statistics’.

[141].               Senate Procedure Committee, Third Report of 2015, 10 November 2015

[142].               Ibid., p. 1.

[143].               Senate Standing Committee on Procedure, First report of 2016, The Senate, Canberra, October 2016, p. 1, states ‘The purpose of the order was to create a right for a minister to deliver a ministerial statement and for a senator to move without notice to take note of the statement (whether given orally or tabled), with time limits of 10 minutes per speaker for a total not exceeding 30 minutes’.

[144].               Australia, Senate, ‘Procedure—Standing Committee—Third Report of 2015—Consideration’, Journals, No. 125, 11 November 2015.

[145].               Ibid., Attachment 1, p. 5.

[146].               J Prentice, ‘Statements by members, Petition: Pharmacy Guild of Australia’, House of Representatives, Debates, 26 February 2014.

[147].               House of Representatives, Work of the session: winter session 18 April to the 5 May 2016, House of Representatives, Canberra, May 2016.

[148].               Department of the Senate, StatsNet website, ‘General statistics’.

[149].               House of Representatives Standing Committee on Procedure, Use of electronic devices in the chamber and the federation chamber, 24 September 2014, Appendix B. See also B Holmes, ‘Use of social media by MPs in the Chamber’, FlagPost, Parliamentary Library blog, 24 September 2014, and S Fernandes, ‘Tweeting from the chamber’, FlagPost, Parliamentary Library blog, 4 March 2013.

[150].               Australia, House of Representatives, ‘Proposed resolution concerning the use of electronic devices’, Votes and Proceedings, 26 March 2015.

[151].               House of Representatives Standing Committee on Procedure, Provisions for a more family friendly Chamber, Report, The Committee, November 2015, p. 6.

[152].               C Pyne (Minister for Industry, Innovation and Science Leader of the House), Family Friendly Changes to the House of Representatives, media release, 2 February 2016.

[153].               Bill sponsored by the Speaker, see B Bishop (Speaker), ‘Second reading speech: Parliamentary Service Amendment Bill 2014’, House of Representatives, Debates, 26 November 2014.

[154].               Parliament of Australia, ‘Fair Work (Registered Organisations) Amendment Bill 2014  homepage’; ‘Fair Work (Registered Organisations) Amendment Bill 2014 [No. 2] homepage’; ‘Building and Construction Industry (Improving Productivity) Bill 2013 homepage’; ‘ Building and Construction Industry (Improving Productivity) Bill [No. 2] 2013 homepage’; ‘Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 homepage’; ‘Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No. 2] homepage’, Australian Parliament website. The Senate provides a listing of ‘trigger’ bills, potential ‘trigger’ bills, and bills that are no longer ‘triggers’ or potential ‘triggers’: see Parliament of Australia, ‘Bills laid aside or negatived, their history and status as possibly meeting the requirements of section 57 of the Constitution [44th Parliament—1st and 2nd sessions]’, Australian Parliament website.

[155].               M Turnbull (Prime Minister) and G Hunt (Minister for the Environment), Turnbull government taking strong new approaches to clean and renewable energy innovation in Australia, media release, 23 March 2016.

[156].               For more details on conscience votes and same-sex marriage bills see D McKeown, Chronology of same-sex marriage bills introduced into the federal parliament: a quick guide, Research paper, 21 July 2016.

[157].  Ibid.              

[158]. For more information on crossing the floor see D McKeown, R Lundie and G Baker, Crossing the floor in the federal parliament 1950 – August 2004, Research note, Parliamentary Library, Canberra, 10 October 2005.

[159]. See The Hung Parliament, op. cit., p. 54, for more details on floor crossings in the 43rd Parliament.