UNION INTERPARLEMENTAIRE
INTER-PARLIAMENTARY UNION
Association of Secretaries General of Parliaments
CONTRIBUTION
from
MS CLARESSA SURTEES
Clerk Assistant (Table) of the House of Representatives of Australia
To the general debate on
EVENTS AND TASKS AT THE END OF A PARLIAMENT
AND OF PARLIAMENTARY SESSIONS
Panama Session
April 2011
The Australian Constitution provides, in its first chapter, for a Federal Parliament and clearly
describes that the Parliament is composed of three distinct elements, the Queen, the Senate and
the House of Representatives.
1. The legislative power of the Commonwealth shall be vested in
a Federal Parliament, which shall consist of the Queen, a Senate,
and a House of Representatives ...
2. A Governor-General appointed by the Queen shall be Her
Majesty’s representative in the Commonwealth, and shall have and
may exercise in the Commonwealth during the Queen’s pleasure,
but subject to this Constitution, such powers and functions of the
Queen as Her Majesty may be pleased to assign to him.
The Constitution further provides that the Governor-General has a key role to play in relation to the
commencement and the ending of a Parliament.
5. The Governor-General may appoint such times for holding the
sessions of the Parliament as he thinks fit, and may also from time
to time, by Proclamation or otherwise, prorogue the Parliament, and
may in like manner dissolve the House of Representatives.
After any general election the Parliament shall be summoned to
meet not later than thirty days after the day appointed for the return
of the writs.
While the Commonwealth Electoral Act 1902 contains much of the detail in relation to elections
themselves, it is the Constitution which establishes the maximum length of a parliamentary term.
28. Every House of Representatives shall continue for three
years from the first meeting of the House, and no longer, but may be
sooner dissolved by the Governor-General.
The Constitution vests the power to dissolve the House and end the term of a Parliament in the
Governor-General. The operation of these provisions and the actions of the Governor-General are
qualified by constitutional convention. It is constitutional convention that the Governor-General
makes a Proclamation to dissolve the House of Representatives only on the advice and approval of
the Prime Minister, likewise a Proclamation to prorogue the Parliament. As the term of a Parliament
is not fixed, it is for the determination of a Prime Minister as to when a general election will be
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called. These circumstances mean there is a considerable degree of uncertainty as to when a term
of Parliament is to end through dissolution of the House.
House of Representatives—notional scheme of general election for the 43rd Parliament
Expiry
Constitution,
s. 28
“Every House of Representatives shall continue for three
years from the first meeting of the House, and no longer, but
may be sooner dissolved by the Governor-General.”
i.e. expires by effluxion of time 3 years from 1st meeting
(Tuesday 12 February 2008)
…… Friday 11 February 2011 (at midnight)
Issue of
writs
Constitution,
s. 32 &
Commonwealth
Electoral Act,
s. 151
“within 10 days from the expiry of the House of
Representatives or from the proclamation of a dissolution of
the House of Representatives”
…… not later than 21 February 2011
Close of
Rolls
Commonwealth
Electoral Act,
s. 155
“the third working day after the date of the writ”; “working
day means any day except: (a) a Saturday or a Sunday; or
(b) a day that is a public holiday in any State or Territory”
…... 24 February 2011
Nominations
close
Commonwealth
Electoral Act,
s. 156
“not less than 10 days nor more than 27 days after the date
of the writ”
...… not later than 20 March 2011
Date of
polling
Commonwealth
Electoral Act,
ss. 157, 158
“shall not be less than 23 days nor more than 31 days after
the date of nomination.”(s. 157) “shall be a Saturday”
(s. 158)
…… Saturday, 16 April 2011
Return of
writs
Commonwealth
Electoral Act,
s. 159
“shall not be more than 100 days after the issue of the writ”
...… 1 June 2011
Constitution,
s. 5
“not later than 30 days after the day appointed for the return
of the writs”. Last possible date for meeting
…… 1 July 2011
Meeting of
new
Parliament
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Ending the 42nd Parliament (2008-09-10)
The 42nd Parliament commenced on 12 February 2008, and under s. 28 of the Constitution its
three year term was due to expire on 11 February 2011. Under the scheme for the general election
established by the Constitution and relevant statutes (see above), the general election for the next
Parliament could have been conducted at the latest on Saturday, 16 April 2011. In fact, the election
was conducted on Saturday, 21 August 2010 and the 43rd Parliament commenced on
28 September 2010.
Only once has the House of Representatives expired by effluxion of time (1910). On six occasions
there have been an early dissolution of the House simultaneously with dissolution of the Senate, or
double dissolution (1914, 1951, 1974, 1975, 1983 and 1987). It is usual for a Parliament to be
terminated by dissolution of the House according to the wishes of the Prime Minister, and this was
the case in 2010.
During the parliamentary sittings in June 2010, there was considerable media speculation and
strong indications that this might be the last period of sittings for the 42nd Parliament. The
indicators included the circumstance that during the final two weeks of sittings in June, Members
who had decided they were going to retire from Parliament at the next election made valedictory
remarks during proceedings in the Chamber. The making of such remarks was unusual at a time
other than the sittings at the end of a calendar year and so long before the date for expiry of the
House, but it was to be an exceptional time for the House of Representatives.
On the final scheduled day of the winter sittings, the House commenced an hour later than usual to
facilitate a special caucus meeting of the Australian Labor Party, from which the Government was
drawn. The meeting was called overnight to enable a formal vote for party leader, and thereby
Prime Minister. The outcome of the meeting was that there was a change of leader and the
Honourable Julia Gillard was sworn in by the Governor-General later that morning as Australia’s
first female Prime Minister, for what was to become the last sitting day of the 42nd Parliament. A
short two months later, it was Prime Minister Gillard who visited the Governor-General on 17 July
2010 to propose that the House be dissolved on 19 July and an election held on 21 August.
Arrangements and ceremonies
The modern practice is that there is only one session in a Parliament without any intervening
prorogation. History records that it has been most common that Parliament is not expressly
prorogued prior to dissolution and the holding of general elections. Since 1990, it has become
practice to prorogue Parliament just prior to dissolution of the House of Representatives, and this
practice was followed in 2010.
The Governor-General may make one single or two separate Proclamations, under s. 5 of the
Constitution, to prorogue the Parliament and dissolve the House of Representatives. On this
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occasion there was one single Proclamation which was published in a special gazette on 19 July
2010. The text of the Proclamation follows:
**************************************
PROCLAMATION
I, QUENTIN ALICE LOUISE BRYCE, Governor-General of the
Commonwealth of Australia, acting under section 5 of the Constitution:
 prorogue the Parliament from 4.59 pm on Monday, 19 July 2010, until
Saturday, 21 August 2010; and
 dissolve the House of Representatives at 5.00 pm on Monday,
19 July 2010.
Signed and sealed with
the Great Seal of Australia
on 17th July 2010
(signed Quentin Bryce)
Governor-General
By Her Excellency’s Command
(signed Julia Gillard)
Prime Minister
**************************************
In addition to the publication of the special gazette, these steps are revealed to Australian citizens
through a short formal ceremony of officials at Parliament House. The participants are the Clerk of
the House, the Deputy Clerk and the Serjeant-at-Arms (all officers of the House) and the Official
Secretary to the Governor-General. Such a ceremony took place on 19 July 2010 on the Forecourt
of Parliament House. The Official Secretary read the Proclamation reproduced above. On previous
occasions when the Senate was dissolved also, a Senate official has taken part in the ceremony.
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At the conclusion of the reading of the Proclamation, the Governor-General, who was waiting at
Government House, was advised that the Proclamation had been read, and a meeting of the
Executive Council was immediately convened in order to authorise the issue of the writs for the
general election to be held on 21 August 2010. At the precise time of dissolution recorded in the
Proclamation, at 5.pm, the end of the Parliament was then marked by a 19 gun salute. The salute
was delivered by four cannons firing in rotation, in front of Parliament House by the Federation
Guard, part of the Australian Defence Force. The group of officials then returned to the entrance to
the House of Representatives Chamber, where the Clerk posted a copy of the Proclamation at the
door of the Chamber.
Who’s in charge during the period of dissolution?
After dissolution of the House, the Prime Minister and other incumbent ministers continue to hold
office until after the general election and up until the day before members of a new ministry are
sworn in by the Governor-General. The ministers’ powers are significantly circumscribed by the
operation of the ‘caretaker’ convention from the time of dissolution until the results of the election
become clear. During this period the convention operates such that ministers would avoid making
important decisions, such as announcing and implementing new policies, which would bind an
incoming government.
In terms of parliamentary administration, the Parliamentary Presiding Officers Act 1965 provides
that the incumbent Speaker is deemed to continue as Speaker for the purpose of exercising
powers or functions under a law of the Commonwealth between the date of dissolution and the
election of a new Speaker, which takes place on the first day of a new Parliament.
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