Australian Protocol and Procedures

By Asher Joel

The third edition of the authoritative reference work Australian Protocol & Procedures is a comprehensive guide to all aspects of behavior in public and private occasions. Renowned for its clear and straightforward language, the book's coverage of subjects was truly vast, including official protocol and procedures such as in Parliamentary settings, visits by heads of state (including royals), religious observances, court proceedings, the honors system and decorations and as more private protocols associated with invitations, wedding receptions, funerals and dress codes. Now thoroughly revised and updated for the 21st century.

• Language: English
• Publisher: Independent Publishers Group
• Release date: Jul 1, 2007
• ISBN: 9781742244259

Book preview

Pringle

Preface

The object of this book is to be a practical guide to matters of protocol and procedure in Australia. The overwhelming response to the publication of the first two editions emphasised the need for a reference work dealing with this important aspect of Australia’s social and public life. This third edition of the work has been completely revised and in many parts rewritten, to take account of changes in customs and institutions in Australia. As Sir Asher Joel noted in introducing the second edition, ‘Protocol and procedure is not, after all, a static process, but one which reflects with great accuracy the changing nature of a community and its practices.’ Accordingly, it was a great honour for me to be invited to undertake the writing of this new edition of the work.

Australian civil and religious ceremonial practice until quite recently largely followed the established practices of Great Britain, whether on questions of social behaviour and customs, honour or fashion. However, Australia has gradually developed its own style of protocol consistent with our sense of ourselves as an egalitarian and democratic society. The sources of this change are many, one of the more important being Australian men and women at war, whose sense of camaraderie rather than deference to status and privilege was frequently remarked upon. However, this developing style was often seen as a failure to observe established standards of protocol rather than as the making of a distinctive Australian approach to such matters.

Indeed, it is a more general complaint that modern times have witnessed a decline in civility, evident in a lack of honour, courage and honesty in public life, an absence of humility in victory on the sporting field and elsewhere, and a pervasive roughness and bombast in personal relations. It is arguable whether we are worse in these respects than previous times, but what does seem new is a widespread impatience with the very idea of protocol and manners, often dismissed as snobbish and sycophantic, and as unduly constraining in a pluralistic and diverse society.

At the heart of matters of protocol and manners, however, lies the importance of respect for the autonomy of others. Protocol is not meant to be used as a weapon, or as a strategy to impress or to outrank others. In its purest sense, it can be summed up in the gracious gesture of ‘After you’. In the introduction to the second edition of this work, Sir Asher Joel wrote, ‘if any reader should have a doubt regarding this book’s contents, then let him or her remember that protocol is, after all, merely another name for good manners, and procedures the form by which they are observed’. Such manners involve affability, courtesy, hospitality and gentleness towards others.

The reflection of such qualities in our conduct can take us a long way in the cultivation of a noble and beautiful character. However, while it is essential to be well-meaning and sincere, civility also requires knowledge of how to bring those qualities to bear in different situations. The type of conduct appropriate in one context might be out of place and even gauche in another. Hence, this book is not just about etiquette and table manners, not about the correct use of the dessert fork or how to pick one’s teeth in company. Incivility is more often the result of thoughtlessness or ignorance rather than deliberate rudeness. Hence, this book provides a great deal of detail on institutions and public practices, and on their history, in order to provide knowledge of different contexts in which civility is practised.

Moreover, following the example of Sir Asher, I have tried where possible to set out the meaning of institutions and practices, so that readers will know what it is they are doing when they act in different contexts. Ceremonies and rituals become more meaningful to the participants when they understand the ‘why’ of practices. In updating this book, I have kept in mind the wonderful question of children, ‘Is there a reason?’.

This new edition of Australian Protocol & Procedures reflects the necessity of setting out a fresh approach to the distinctive practices, customs and institutions of Australian life. First and most importantly, the book now addresses questions of protocol in regard to Indigenous Australians. A chapter on the practices of Welcome to Country and Acknowledgement of Country opens the book, and attention has been given throughout the book to such questions. Second, women have gained a more secure place in their own right, rather than as wives or daughters, in modern society, and this has been acknowledged throughout the book in both small details and larger questions. And third, greater acknowledgement is made of Australia’s cultural, racial and religious diversity. Australian public customs and rituals too have changed, and especially striking is the independent development of the Australian honours system.

Particular sections of the book are not written for those who already have expertise in that particular field. For example, it would not be useful for a judge to seek detailed knowledge about the workings of his or her court in this book. Nor would potential litigants in that court find all that they need to know about how to go about their case. Muslim scholars will find the section on Islam of little help in their study, but those who are not Muslim might find it useful in understanding the sensitivities and practices of their Muslim colleagues or friends. The book is written for the intelligent reader, who seeks to know how to bring his or her own style and spirit to bear in public and private circumstances, while respecting the autonomy and dignity of others.

Helen Pringle

Acknowledging Aboriginal Australians

As part of the cultivation of civility and the furthering of reconciliation in Australia, Aboriginal acknowledgements and ceremonies now form an important aspect of meetings, conferences and other events. Welcome to Country and Acknowledgement of Country ceremonies recognise the unique position of Aboriginal people in the history and culture of Australia, and are a way of respecting that position and the continuing relationship of Traditional Owners and Custodians with the Land. The protocols of welcome and acknowledgement should be used in consultation with local Aboriginal communities, as there is some variation in local practices.

The NSW Department of Education and Training and the Aboriginal Education Consultative Group Inc. have published a succinct introductory guide, Welcome to Country & Acknowledgement of Country: Guidelines and Protocols for NSW Public Schools and TAFE NSW Institutes, which is suitable for use by the general community as well as teachers and students. Permission to draw on the material in the guide is gratefully acknowledged, and this section has been written with the guidance of the New South Wales Aboriginal Education Consultative Group Inc.

The Welcome to Country ceremony at meetings and gatherings is where the Traditional Owners welcome people to their Land through a formal process. The Traditional Owners and Custodians of the Land, usually represented by an Elder of the local Aboriginal community, welcome those in attendance: delegates, invited guests, students, and so on. The ceremony could include a speech by an Elder, and/or a welcoming song, dance or other performance.

It is important to make contact with the appropriate Traditional Owners in advance of a gathering, in order to allow time for deliberation and discussion among the Owners and Custodians. There might be disagreements about who are the Traditional Owners of an area, given the effects of dispossession and dislocation, and again it is important to consult Aboriginal communities and advisory bodies on appropriate protocols. Contacts include the Aboriginal Land Council in the area, the municipal council, Aboriginal Medical Services in the area, and the Aboriginal field staff of the Department of Education in the state.

An Acknowledgement of Country can be made at the beginning of any gathering, as a way of demonstrating respect to the Custodians of the Land where the event is taking place. Most governments and government departments have now adopted the practice of Acknowledgement at the beginning of meetings and functions. The form taken is that a Speaker acknowledges that the event is taking place in the Country of the Traditional Owners. Where the name of the Owners is known, this Acknowledgement of Country could take the form:

I would like to acknowledge the people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present, of the Nation and extend that respect to other Aboriginal people present.

Where the name of the Owners is not known, a general acknowledgement could take the form:

I would like to show my respect and acknowledge the Traditional Custodians of the Land, of Elders past and present, on which this meeting takes place.

There are other Aboriginal ceremonies and protocols that require respect, and in turn nurture mutual respect. Some of these protocols involve gender-specific knowledge, the time of mourning after the death of an Aboriginal person, and the use of the name or image of Aboriginal people after their death. Useful guides on protocols and associated questions include the following:

•Welcome to Country & Acknowledgement of Country: Guidelines and Protocols for NSW Public Schools and TAFE NSW Institutes, NSW Department of Education & Training, NSW Aboriginal Education Consultative Group Inc., NSW Teachers Federation.

•Respect, Acknowledge, Listen , Community Cultural Development NSW Ltd, available at < http://www.ccdnsw.org/ccdnsw/pdf/protocols.pdf >: a guide to working and communicating with the Indigenous community of Western Sydney, which also includes more general information.

•Fees for Aboriginal Cultural Performances , NSW Department of Aboriginal Affairs, available at < http://www.daa.nsw.gov.au/policies/policyreeperformance.html >: guidelines for government agencies in engaging Aboriginal people in cultural performances or Welcome to Country ceremonies, with recommendations for appropriate fees.

•Protocols for Consultation and Negotiation with Aboriginal People and Mina Mir Lo Ailan Mun: Proper Communication with Torres Strait Islander Peoples , Queensland Department of Aboriginal and Torres Strait Islander Policy and Development, available at < http://www.datsip.qld.gov.au/resources/cultures.cfm/ >: guidelines for government officers in Queensland.

•Respecting Cultures , Arts Tasmania Aboriginal Advisory Committee, available at < http://www.arts.tas.gov.au/publications/respectingcultures/index.htm >:guidelines for working with the Tasmanian Aboriginal Community and artists.

•Visiting Aboriginal Land , Northern Territory Northern Land Council, available at < http://www.nlc.org.au/html/visit_media.html >: guidelines on permissions, Land Council role, cultural considerations, copyright, and permit applications.

Guides on arts protocols include:

•New Media Cultures , Aboriginal and Torres Strait Islander Art Board of the Australia Council, available at < http://www.ozco.gov.au/arts_resources/publications/new_media_cultures/ >.

•Cultural Protocols for Indigenous Reporting in the Media , Message Stick Online, ABC, available at < http://abc.net.au/message/proper/ >.

•The Greater Perspective, Protocol and Guidelines for the Production of Film and Television on Aboriginal and Torres Strait Islander Communities , SBS Television, by Lester Bostock, available at < http://www.sbs.com.au/sbsi/documentary.html >.

•Valuing Art, Respecting Culture , National Association for the Visual Arts, available at < http://www.visualarts.net.au/files/VARCes.pdf/ >.

•Guidelines for Ethical Research in Indigenous Studies, Australian Institute of Aboriginal and Torres Strait Islander Studies, available at <http://www.aiatsis.gov.au/--data/assests/pdf-file/2290/ethics_guidelines.pdf/>.

•Responsibilities and Responses , Aboriginal and Torres Strait Islander protocols for libraries, archives and information services, National Library, Canberra, available at < http://www.nla.gov.au/niac/libs/byrne.html >.

•National Protocol for Filmmakers , Indigenous Unit of the Australian Film Commission, Issues Paper, at < http://www.afc.gov.au/downloads/pubs/protocols.pdf/ >.

Parliament

Parliaments in Australia have inherited the Westminster system, which entails that there is an elected legislature, that the executive branch of government is drawn from members of the legislature, and that there is a ceremonial head of state as distinct from the head of government. With the exception of the Queensland State Parliament, whose Upper House was abolished in 1922, Australian parliaments are bicameral; that is, they comprise two Houses, an Upper House and a Lower House.

The word ‘parliament’ derives from Middle English and Old French – parlement (speaking), from parler (to speak). From the reign of King Edward I, the term was regularly used in reference to a national assembly or a body of persons who assembled for discussion.

1

The Australian Constitution

The Constitution of the Commonwealth came into being on 1 January 1901 after some 60 years of attempts to convert the Australian colonies into a federation. The first serious attempt at some kind of federation was in 1883, when a decision was made to establish a Federal Council of Australasia. New Zealand was represented, but New South Wales never joined. The Council first met in 1886. It was given sovereign powers by a British Act of Parliament, but had no executive powers and thus no authority to raise revenues or spend money. In fact, all its decisions had to be referred to the separate colonial legislatures for approval.

In 1891, a National Constitutional Convention was held in Sydney and attended by delegations appointed by the six colonies as well as New Zealand. A draft Constitution was prepared for the approval of these parliaments and enactment at Westminster, but agreement was not reached. The New South Wales Parliament failed to approve the draft, and subsequently New Zealand withdrew, choosing to proceed on its own path towards self-government.

In 1897, another Convention took place successively in Adelaide, Sydney and Melbourne, and a fresh draft Constitution was drawn up. This, together with some of the provisions in the 1891 draft, was finally accepted unanimously by referenda conducted by the colonies, and a delegation went to London to seek enactment by the Imperial Parliament. In July 1900, the Constitution Bill was assented to by Queen Victoria, and on 1 January 1901 the Commonwealth of Australia officially came into being.

Under the Constitution of the Commonwealth of Australia Act 1900 (, the six self-governing colonies united ‘in one indissoluble Federal Commonwealth under the Crown’, but each retained its own parliament. Chapter I of the Constitution establishes the Parliament of the Commonwealth, consisting of the Queen, the Senate, and the House of Representatives. Chapter I also sets out the parliament’s powers. Some of these powers are exclusive to the Commonwealth and some are concurrent (that is, shared with the states); if the laws are inconsistent, the Commonwealth law prevails over the state law to the extent of the inconsistency, by virtue of s. 109 of the Constitution.

The exclusive powers are either set out in the Constitution, or have been withdrawn from the states by prohibition directed to the states (such as the defence of the Commonwealth and coining of money), or by their nature are exclusive to the Commonwealth. For example, s. 52 assigns the power to make laws relating to the seat of the Commonwealth Government and all places acquired by the Commonwealth for public purposes, and to the public service, exclusively to the Commonwealth. Other matters over which the Constitution gives the Commonwealth exclusive power include customs and excise, quarantine and naturalisation.

The states have residual powers once the Commonwealth’s powers are listed, and these embrace a wide variety of municipal, social and constitutional purposes. However, it is possible for the Commonwealth to pass laws in respect to some matters not specifically set out in the Constitution, provided that the High Court determines that the proposed laws are necessarily incidental to the execution of any power already listed. This can be done under the express incidental power in s. 51(xxxix) or where a power is referred to the Commonwealth by the states under s. 51(xxxvii).

The sovereignty of the various Australian parliaments is thus limited by the division of powers within the Constitution.

The Constitution and the various state Constitution Acts also allow the use of the royal prerogative, but the courts have generally adopted the stance that the prerogative is diminished to the extent that the parliament passes a law in the same area. Following the passage of the Australia Act 1986, no state law may be reserved for assent by the Queen or be subject to disallowance. The right of the Crown to withhold assent to a law passed by the Parliament of Australia, or to disallow it, is now in practice defunct.

The primary reserve prerogative is that which is given to the Crown, as represented by the Governor-General or Governors, to appoint and dismiss ministers of the Crown, or to refuse to dissolve the House of Representatives or both Houses of parliament pursuant to s. 57 of the Constitution. Ministers hold office ‘at the pleasure of the Crown’.

2

The Australia Act 1986

On 3 March 1986, several pieces of almost identical legislation passed by the parliaments of the Commonwealth, the six Australian states and the United Kingdom were proclaimed simultaneously. The Australia Act 1986, the central piece of this legislation, was assented to by the Queen at a special meeting of the Executive Council held in Canberra the day before. The Act abolished the vestiges of Britain’s legislative and judicial power over the states of Australia, and thereby completed Australia’s formal independence from the United Kingdom some 85 years after the Commonwealth of Australia came into being, and more than 50 years after the Commonwealth (but not the states) was acknowledged to be autonomous under the Statute of Westminster 1931.

Separate arrangements have been made for widening self-government in the Australian Capital Territory and the Northern Territory.

The most significant act of independence performed by the Australia Act was contained in its first section, which reads: ‘No Act of Parliament of the United Kingdom passed after the commencement of the Act shall extend, or be deemed to extend, to the Commonwealth, to a State or to a Territory as part of the law of the Commonwealth or of the State or the Territory.’ This section precluded the possibility, which had previously existed (if only in principle), that one way of changing the Australian Constitution would be to get the British Parliament to change it through legislation. Although it was highly improbable that a British Parliament would ever take such action, its possibility served as a reminder of the legal and colonial ties that continued to bind Australia to Britain.

The provision of the Australia Act with the most immediate impact, and which attracted most attention, was the section abolishing appeals from the states to the Privy Council in Britain. The High Court is now the final court of appeal in Australia. On 2 December 1986, the High Court declared that all Australian courts should no longer regard decisions of the House of Lords or the English Court of Appeal as authoritatively binding on them, although they continue to hold persuasive status.

Other constitutional links ended by the Australia Act included express and implied limitations on the powers of state parliaments by the United Kingdom Parliament, the force of certain pieces of its legislation, and the powers of the monarch to withhold assent from or disallow state laws. In addition, the 1986 legislation stipulated that the powers and functions of the monarch with respect to the states, other than the power to appoint and dismiss the Governor, are exercisable only by the Governor (except when the monarch is personally present in the state, where she may exercise powers and functions according to a mutual agreement between her and the Premier). It also stipulated that the appointment and dismissal of state Governors by the monarch is to be on the direct advice of the Premiers. Other provisions concerned the manner and form of future state laws amending state constitutions, and precluded any legal requirement for Governors to withhold assent to bills or to reserve them for the Queen’s pleasure.

3

Responsible government

The normal channel of communication between the Prime Minister and the Sovereign, or the Premier of a state and the Sovereign, is through the Governor-General or state Governor respectively. It is accepted, however, that the Prime Minister or Premier may contact the Sovereign directly on such matters as the appointment or removal from office of vice-regal representatives.

Both legislative and executive power in England descended from the Crown. The absolute power of the monarchs was eroded over time by documents such as the Bill of Rights of 1688/89. Government still takes place in the name of the Crown, but today the Crown depends entirely on parliament for money in order to govern. Parliamentary control of the money supply, and thereby control of the activities of the Crown, is one of the ways in which the liberties of the people are preserved. In order to obtain money from parliament, the monarch is bound to heed the advice of those who control the parliament. This reciprocity forms the basis of responsible government.

In Australia, it is the monarch’s representative, the Governor-General, or in the case of the states, the Governor, who accepts the advice of the various ministers. One of the indications that a Prime Minister or Premier has the support of the House of which they are members is their ability to obtain a vote in favour of the Sovereign’s speech when parliament is opened. After the opening of parliament, the Governor-General or Governor reads a speech prepared by members of the Ministry, principally the Prime Minister or Premier, which sets out the proposed programs of the government in its role of governing the country or state.

It is traditional in the House of Representatives to have a non-contentious bill – a privilege bill – read a first time before the Governor-General’s speech is reported. This reading asserts the sovereignty of the parliament over the Crown. The bill is read a first time and then placed on the Notice Paper, remaining the last item of government business throughout the session and lapsing on the prorogation or dissolution of the parliament. After the Governor-General’s speech has been delivered, a motion to adopt an Address-in-Reply to the speech is debated in the parliament and a vote is taken, in effect to endorse the speech. If the Prime Minister or Premier loses that vote, he or she is bound to resign because a lost vote would indicate that any request for money to govern would be denied, and it is the government’s responsibility to provide the Crown with the money required to govern. Thus, it is very important that the Sovereign’s speech be ‘carried’.

Similarly, if during the life of the parliament, a vote of censure or no confidence in the Prime Minister or Premier or their respective government is carried, he or she ought, in general, to resign. By convention, the Prime Minister or Premier must command the support of the House on major issues, and such a vote would indicate that a request for supply would not be granted.

The other side of responsible government lies in the responsibility of ministers to parliament for the activities of their portfolios or departments. If ministers or their departments make a mistake, the minister responsible must account for it to the parliament and take the blame in the parliament. In this way, the government is always accountable to the parliament, and through it to the people. However, the interpretation and enforcement of the principles of ministerial responsibility have become considerably less stringent since the early 1980s. The most recent authoritative statement of ministerial responsibility can be found in A Guide on Key Elements of Ministerial Responsibility, issued by Prime Minister John Howard in 1998, at <http://www.pmc.gov.au/guidelines/docs/ministerial_responsibility.rtf >.

An important feature of parliaments in Australia is Question Time, which normally takes place each day that parliament sits. Ministers are asked questions relating to their portfolios, or those of ministers they represent from the other House, and they are in reality, although not formally, bound to reply to them. This provision enables parliament to oversee the work of ministers and their departments, and ensures that their activities are very quickly brought to the attention of the community. It is the practice in many parliaments to take alternate questions from the opposition and the government benches. It is not considered good ‘form’ for members of a minister’s own party to ask the minister a question without first having advised him or her of an intention to do so, which permits preparation and avoids embarrassment. However, the value of Question Time has been eroded by the widespread use of ‘dorothy dixers’, questions by the minister’s own colleagues, for the purposes of government self-promotion, rather than to elicit information or to exercise scrutiny of the operations of governments.

4

The Ministry

The Liberal Party, National Party and the Australian Labor Party elect their parliamentary leaders by secret exhaustive ballot of the parliamentary members if the position is contested. Other parties have varying practices in regard to the selection of parliamentary leaders. The selection of the Ministry is carried out in accordance with the current policy of the political party that forms the government. Under a Liberal government, the Prime Minister or Premier traditionally chooses the members, after consultation with the Leader of the National Party if a coalition government is to be formed. Under a Labor government, the Ministry is chosen by ballot at a combined meeting of all Labor members of both Houses of parliament. The Leader of the Labor Party is also chosen by ballot and becomes Prime Minister or Premier, but retains the right to allocate portfolios to the elected ministers. The ALP Leader in most cases allocates portfolios with regard to the system of factions in the party.

The Cabinet is chosen from the Ministry by the Prime Minister or Premier and, with the Prime Minister or Premier, it forms the major decision-making body of the government. The ministers are expected to abide by and defend collective decisions and actions of the government in public or, if they find themselves unable to do so, to resign from office.

The Commonwealth Constitution makes no mention of a Cabinet. The formal repository of the executive power of the Commonwealth is the Governor-General. The system of responsible government rests on a series of conventions that do not have the character of law; an example of such convention is the rule that the Ministry resigns if it loses the confidence of the Lower House. However, there is a link between Cabinet and Constitution because, as provided for by the Constitution, the Governor-General acts on the advice of the Executive Council, of which ministers of the government are members. Meetings of the Executive Council are presided over by the Governor-General, or the Governor as the case may be, or their appointed deputies. The Council consists of a minimum number of ministers. Appointments such as that of a judge are made by an Act of the Crown resulting from the drawing up of an actual order by the Governor-General or Governor sitting in the Executive Council.

Federal Executive Council members are chosen, summoned and sworn in or affirmed by the Governor-General to give freely of their counsel and advice for the good management of the public affairs of the Commonwealth of Australia. State executive councillors have a similar relationship to state Governors as members of the Federal Executive Council have to the Governor-General. At any one time, there might be executive councillors who are no longer ministers. Only councillors who are ‘under summons’ (that is, who are currently ministers of the Crown) are summoned to Council meetings. There are other members of the Council who are not under summons. These might be members who have retired or are in opposition but who usually are appointed as executive councillors for life. Not being under summons, they are not called upon to give advice. Advice on matters of government is taken only from those executive councillors who are under summons.

As well as the Cabinet, there is an outer Ministry consisting of a large number of junior ministers, each of whom must administer a department (or perhaps part of a department). If some point of policy affecting their department has to be considered by Cabinet, they are normally invited into the Cabinet for the purpose of discussing that particular point. The role of Parliamentary Secretaries has also become increasingly important at the Commonwealth level. At state level, there is a practice of appointing ministers ‘Assisting the Minister for [Portfolio]’.

5

The Opposition

The Opposition is the minority group in the parliament and comprises those members who do not support the government. If more than one non-government party is represented in parliament, the largest such party is recognised as the official Opposition. Even if the official Opposition’s Upper House colleagues outnumber the government’s Upper House members, they too constitute the Opposition because the responsibility for forming a government in the Westminster system lies with the Lower House of parliament. The Leader of the Opposition heads the Opposition in both Houses of parliament, with other members of the Opposition being appointed to form a ‘Shadow Cabinet’.

The role of the Opposition is to bring the actions of the government under critical review, to analyse and debate legislative proposals, and to draw attention to any maladministration by the government. The Opposition also formulates alternative policies to those of the government.

6

The question of supply

Plans for the provision and expenditure of money by the government are made after ministers submit estimates of the amounts they propose to spend on policies that have been prepared by their departments. Negotiations with the Treasury determine whether or not Treasury support is forthcoming. When all ministers have forwarded their requests for money, the Ministry meets for discussion. The upper limit of government expenditure is indicated by the Treasurer and the available funds are allocated among the ministers. At the same time, a decision is taken on incomes policy; that is, the level of taxation, moneys to be raised and the means of doing so, and so on. At state level, a standing Budget Committee of Cabinet, comprising a number of key ministers, oversees the development of the detail of the Budget before presentation to the full Cabinet.

The amounts of income and expenditure, commonly known as the Budget, are then presented to the Lower House in the form of a schedule to the main Appropriation Bill. The House may or may not agree in principle with the bill. The Budget is usually only addressed by debate in broad terms. The Upper House then goes through the same procedure. The Budget is carried when authority is given to the Treasurer to pay out the specified amounts at the request of the Crown.

At the Commonwealth level, the role of the Senate Estimates Committees has expanded markedly, and at state level, Estimates Committees also play increasingly important roles in financial administration, as well as in the scrutiny of the details of government policies.

Throughout the year, unexpected events may occur requiring a call to be made for additional money. The Treasurer’s Advance Account operates to meet these calls. The Treasurer has a certain sum contained in the Appropriation and Supply Bills that can be paid out without having to be accounted for immediately to parliament, although ultimately this must be done. Parliament usually approves the expenditure (the supplementary estimates) that the Treasurer authorises during the year. Under this system, the government can be constantly kept in check by the parliament.

In Australia, the situation with respect to supply at federal level differs somewhat from that in the United Kingdom or in some states like New South Wales. Until 1911, the House of Lords had the power to refuse to pass the Budget; that is, to refuse to grant the amount of money asked for by the House of Commons. In 1909, when the Lords did refuse supply, the Prime Minister of the day resigned immediately and a general election was held on the question of the power of the Lords to refuse supply. The electorate returned the Prime Minister to office with a mandate to limit the powers of the House of Lords, and subsequently, a bill was passed restricting its powers to reject any money measures at all.

In Australia, by contrast, the Senate is empowered to reject money bills, but there are some money bills that it cannot amend. The reason for this ability to control expenditures of money lies in a prime function of the Senate: protecting the smaller against the larger states, a function further reinforced by the constitutional allocation of an equal number of senators to each original state. When Federation was proposed, a means to control the power of the wealthier and more densely populated states was achieved by providing for a second federal House of parliament, the Senate. Unlike the House of Lords or even the second chambers in the states’ parliaments, the Senate was to be given the same powers to participate in law-making as the House of Representatives, the only exception being the power to initiate or amend certain money bills.

Not only must the government have its money bills passed by the House of Representatives, but it must also be able to obtain the concurrence of the Senate. If the Senate refuses to concur, the government may find itself unable to provide the Crown with the money necessary to govern the country.

The allocation of federal funds to the states is determined by the Parliament of Australia. A Grants Commission meets to advise the parliament on distribution. Since its inception, the commission has not failed to receive acceptance of its recommendations by the government and parliament of the day. The commission operates according to the principle that the less endowed states should receive a sum allowing them to govern at the average level of the wealthier states. Revenue from the goods and services tax (GST) is also earmarked by a set of elaborate arrangements for distribution to the states.

7

The Senate

The Senate performs three important functions: it is the representative of the people of the individual states and territories; it reviews legislation; and, like the House of Representatives, it ensures that the executive arm of government remains accountable to parliament.

At the time of Federation, the Senate comprised 36 members, six from each state. The Representation Act 1948 increased the number to ten per state, and the Senate (Representation of Territories) Act 1973 provided two senators for the Australian Capital Territory and two for the Northern Territory. The senators from the Australian Capital Territory and Northern Territory have all the powers, immunities and privileges of senators for the states, but their term of office is tied to that of members of the House of Representatives. A 1990 amendment to the Commonwealth Electoral Act opened the possibility for increased Senate representation, by stipulating that when a territory becomes entitled to six seats in the House of Representatives, it would be entitled to one senator for every two members of the House of Representatives.

In accordance with the Representation Act 1983, the Senate today comprises 76 senators, 12 for each of the six states and two each for the Australian Capital Territory and Northern Territory. Members are chosen for a six-year term, half from each state retiring on 30 June of each third year. In the case of a double dissolution, all senators face re-election.

8

The House of Representatives

The Constitution requires that the number of members of the House of Representatives be as near as practicable to twice the number of senators, and that state representation be in proportion to the population of the states. As required, and on the basis of the latest official population statistics, the Electoral Commissioner determines the number of members of the House of Representatives to be chosen from the states.

The Constitution provides that parliament may allow the representation of a territory in either House of parliament. The Northern Territory was represented by one member with very limited powers in the House of Representatives from 1922 until 1968, when the Northern Territory Representation Act came into operation and gave the member representing the Northern Territory full powers. The Northern Territory now elects two members to the House of Representatives.

The Australian Capital Territory was represented from 1949 until 1973 by one member with restricted powers similar to those of the Northern Territory member. In 1966, the Commonwealth Parliament granted the Australian Capital Territory member the same voting rights as other members of the House, and in 1973 the Australian Capital Territory Representation (House of Representatives) Act provided the possibility for a second member to represent the Australian Capital Territory in the House.

There are currently 150 members of the House of Representatives, 50 from New South Wales, 37 from Victoria, 28 from Queensland, 11 from South Australia, 15 from Western Australia, 5 from Tasmania, 2 from the Australian Capital Territory, and 2 from the Northern Territory.

The number of members of the House of Representatives to be chosen from a state at any general election must be in accordance with the most recent determination of that state’s representation entitlement. The latest determination of the Electoral Commissioner in 2005 increased the number of members from Queensland to 29, with the number of New South Wales members dropping to 49.

9

Parliament House, Canberra

After the colonies had agreed to become a Commonwealth, the question of selecting a site for the national capital posed a major problem because of intercolonial rivalries, particularly between New South Wales and Victoria. The Federal Council of Australia, forerunner to the Commonwealth Parliament, met in Hobart and in 1899 a compromise, as set out in s. 125 of the Constitution, was reached. A seat of government was to be chosen by the parliament, comprising a territory of not less than 100 square miles (259 square kilometres) in New South Wales to be granted or acquired by the Commonwealth, and situated not less than 100 miles (160 kilometres) from Sydney. Pending completion of this seat of government, the Commonwealth Parliament met in Melbourne, and from 1901 until 1927 the Victorian Parliament lent its chambers, offices, library and public rooms to the Commonwealth.

In 1908, parliament selected an area in the Goulburn–Yass region to be the nation’s capital and in 1913 it was named Canberra, an Aboriginal word of uncertain meaning, one suggestion being ‘meeting place’. Following an international design competition, American architect Walter Burley Griffin’s city plan for Canberra was adopted.

Burley Griffin proposed a site on Camp Hill for Parliament House, but the outbreak of the First World War led to the drawing up of plans for a temporary Parliament House situated immediately below and to the north of Camp Hill. This provisional Parliament House was opened by the Duke of York (later King George VI) on 9 May 1927. It had a planned life of 50 years and was designed to accommodate 75 members of the House of Representatives and 36 Senators, the number of members of each House at that time, as well as parliamentary staff – in all some 250 people. In 1986, over 1300 people worked in the building when the Houses were sitting.

In 1965, planning commenced for a new building. Capital Hill was selected as the site in 1974, and in 1979 another design competition was held. The winning design by an American firm, one of whose partners was Australian-born architect Richard Thorp, closely resembled Walter Burley Griffin’s original concept of a ‘Capitol Building’ that would be a people’s place in both a real and a symbolic sense, expressing the supremacy of the people above all else. The official opening of the new Parliament House by the Queen took place on 9 May 1988.

With some 4500 rooms, the building provides the essential elements of a Parliament House: chambers and office accommodation for members and senators in two clearly defined areas. Distinct areas are set aside for the Executive, support facilities for Cabinet, committee rooms and public and ceremonial spaces. The complex covers 42 hectares and the building spans some 300 metres east–west and north–south on intersecting axes in the form of two back-to-back boomerangs touching the boundaries of the site. In accordance with Burley Griffin’s guiding vision of the democratic supremacy of the people, grass verges covering large parts of the centre zone of the building were laid out in order to allow citizens to walk on top of the parliament. (This is no longer possible given security concerns.) The Australian National Flag flies above the building, and is illuminated by floodlights at night.

10

Parliaments of the states

The states and territories of Australia had their beginnings as colonies and territories of the British Crown, and by mid-1829 the whole Australian landmass had been constituted as a dependency of Great Britain. As the various settlements expanded, they formed into separate colonies (or territories, in the case of the Northern Territory and the Australian Capital Territory). Between 1855 and 1890, the British Parliament granted each of the colonies responsible government. At Federation in 1901, they became known as states. The Northern Territory and the Australian Capital Territory have remained territories, although today they have their own legislatures.

NEW SOUTH WALES

The New South Wales legislature consists of the Governor of New South Wales, who represents the Crown, the Legislative Council and the Legislative Assembly. Founded as a British penal settlement on 26 January 1788, the colony of New South Wales, was, in its first 35 years, ruled absolutely by the first Governor, Captain Arthur Phillip, and his successors under a Commission and Letters Patent. An enactment of the Imperial Parliament in 1823 gave New South Wales the status of a full colony and provided for the creation of the country’s first legislative body, the Legislative Council, with members nominated by and acting as an advisory body to the Governor. A form of representative government was granted in 1842, with the establishment of a Legislative Council of 36 members, two-thirds of whom were to be elected and one-third to be appointed by the Crown.

In 1850, the Australian Colonies Government Act gave the colonists of New South Wales, Victoria, Van Diemen’s Land, South Australia and Western Australia the opportunity to form their own constitutions. The Constitution Act was passed in 1855, and the New South Wales Legislative Assembly was opened in 1856 with 54 elected members.

The parliament closely follows the procedures and customs of the British House of Lords and House of Commons. Voting for members of both Houses is by adult suffrage and is compulsory. The New South Wales Legislative Assembly now comprises 93 members elected by an optional preferential system in single-seat districts. A referendum in 1981 approved the extension of the term of office to four years, and a 1995 referendum fixed this term.

The Legislative Council comprises 42 members representing the whole state and elected by the people at large. Casual vacancies are filled by a nomination approved by a joint sitting of both Houses of parliament, and a party member is generally replaced by a member of the same party. The term of a Council member is eight years.

TASMANIA

Tasmania, or Van Diemen’s Land as it was originally called, was proclaimed a separate colony from New South Wales on 3 December 1825. A Legislative Council comprising six members nominated by the Governor met for the first time the following year. The size of the Council was increased in subsequent years and after 1837 the proceedings of the Council were open to the press and public. The first elected members of the Council took their seats in 1851. Responsible government was proclaimed in 1855 and on 1 January 1856 the colony’s name was changed to Tasmania. Later that year, the first sitting of the House of Assembly took place.

Full adult suffrage for elections of both Houses was achieved in 1968 when the remaining qualifications for Legislative Council elections were removed. The House of Assembly is elected on the Hare-Clark system of proportional representation. There are 25 members, five elected for each of the five electorates by adult suffrage for up to a four-year term. The Legislative Council comprises 15 members elected in single-member divisions by adult suffrage for a six-year term, with three or two members elected in alternate years. At House of Assembly elections, voters have an optional preferential vote and must show preferences for at least seven candidates. At Legislative Council elections, voters also have an optional preferential vote, but must show preferences for at least three candidates.

House of Assembly candidates may group themselves under party-name headings. The sequence in which groups appear on the ballot paper is determined on a rotational basis in order to reduce the ‘donkey vote’ to an insignificant proportion. The same rotational system determines the order of candidates’ names in the single list for the Legislative Council.

SOUTH AUSTRALIA

South Australia developed as a result of the endeavours of private citizens who wanted colonisation to be the work of free immigrants, not convicts. The South Australian Association was formed to develop the colony, and along with the Wakefield Company, its efforts led to the passing of the Colonisation Act, which, on 15 August 1834, officially established the colony of South Australia. The first Governor arrived in 1836, but until 1839 the Council of Government exercised both legislative and executive powers.

In 1842, the Legislative Council Act was passed, setting up a Legislative Council consisting of the Governor, three official members, and four others to be nominated from the independent colonists. All its members were Crown appointees, although the public was admitted to witness the proceedings. In the Constitution and Electoral Law Bills passed by the Legislative Council in 1855–56, provision was made for a bicameral parliament consisting of a Legislative Council of 18 members and a House of Assembly of 36 members. The Legislative Council was to be elected by the entire colony voting as one district, but with the franchise being based on certain property qualifications. The House of Assembly was to consist of 17 districts, varying in representation from one to six members. As the colony’s population increased, so did the number of members in both Houses. Since 1979, the Legislative Council has consisted of 22 members elected for a term of at least six years.

The restricted franchise for the Legislative Council set out in 1856 was gradually widened until, in 1973, all voters on the House of Assembly roll became eligible to vote for both Houses. In 1972, the minimum voting age was reduced from 21 to 18 years, enabling all British citizens over that age and with appropriate residential qualifications to vote in elections for both Houses. The following year, the right to stand for election to either House was granted to any voter on the House of Assembly roll.

The House of Assembly comprises 47 members representing single-member constituencies and elected for a fixed four-year term. At a House of Assembly election, voters are required to mark their first preference with a figure ‘1’ and then to indicate consecutive preferences in all the other squares on the ballot paper. Candidates may lodge voting tickets so that if a voter marks only a first preference, or does not number all the squares, that voter’s preferences may be distributed according to the first preferred candidate’s voting ticket. Legislative Council elections are conducted similarly to federal Senate elections, with 22 members elected by the state as a single constituency.

WESTERN AUSTRALIA

On 18 June 1829, three years after the first settlement at Albany, formal establishment of the colony of Western Australia took place, when Lieutenant-Governor Stirling arrived with settlers at Perth. A nominated Legislative Council of five members was formed in 1832. By 1870, growing dissatisfaction with the nominated Council resulted in a newly constituted Legislative Council of 12 elected members and six nominated by the Governor.

In 1890, the British Parliament proclaimed a new Constitution Act, establishing responsible government and a Legislative Assembly of 30 elected members. The Legislative Council was again to consist of 15 nominated members, but only until the colony’s population reached 60 000. This figure was achieved in 1893 and Council members were thenceforth elected under a restricted property franchise that remained until 1964, when full adult suffrage was introduced along with compulsory enrolment and voting for both Houses of parliament.

The Legislative Assembly now comprises 57 members elected for a four-year term. The Council comprises 34 members representing six regions for a four-year fixed term.

VICTORIA

From 1840 on, residents of the Port Phillip District waged a campaign to have the British Government grant them independence from the colony of New South Wales. As a result of such public agitation, the first Victorian legislature,