Australian Senate
The Australian Senate is the upper of the two houses of the Parliament of Australia.
See List of members of the Australian Senate
Origins and role
The Australian Senate was created in, and part of, the new system of dominion government in the Commonwealth of Australia Constitution Act, 1900. From a comparative governmental perspective, the Australian Senate is almost unique in that unlike the upper house in other Westminster system governments, the Senate is not a vestigal body with limited legislative power but rather plays and is intended to play an active role in legislation. Rather than being modelled after the House of Lords the Australian Senate was in part modelled after the United States Senate and was intended to give small rural states added voice in a Federal legislature, while also fulfilling the revising role of an upper house in the Westminster system.
Although the Prime Minister is answerable to, and selected from the House of Representatives (the "lower house"), other ministers are drawn from either house and the two houses have almost equal legislative power. As with most upper chambers in bicameral parliaments, it cannot introduce Appropriation Bills or impose taxation, that role being reserved for the universally elected lower chamber. That degree of equality between the Australian Senate and House of Representatives is in part due to the age of the Australian constitution; it was enacted before the confrontation in 1909 between the British House of Commons and House of Lords, over estate taxes, which ultimately resulted in the restrictions in the powers of the House of Lords in the Parliament Act. The Senate thus reflected the pre-1911 Lords-Commons relationship, namely a house with theoretically wide powers that are by convention not widely used, but which in a crisis could be.
Blocking supply
In one particular area it possesses a highly sensitive power, namely the right to withdraw or block Supply, ie government control of exchequer funding. In most democracies, this power does not exist within upper houses. This means that in strict constitutional terms, the Government is also answerable to the Australian Senate, given that the loss of Supply in parliamentary democracies automatically requires the resignation of a government or ministry, or alternatively the calling of a general election, because without access to exchequer funding a government cannot function and would face bankruptcy. However, as in the United Kingdom prior to the 1909 clash over David Lloyd George's budget between the House of Commons and House of Lords, a general convention built up in which the upper house would not use its power to block exchequer funding, leaving that responsibility to the democratically representative lower house. Indeed to break convention in this area is sometimes described as a parliamentary nuclear option because of its political, financial and governmental impact. In 1975, in a dispute strikingly similar to Britain's 1909 clash (an upper House breaking convention by withdrawing Supply on the basis that it was reacting to a breach of another fundamental convention by the government - which the government denied) the Senate did refuse to pass a required financial measure, producing a 'nuclear'-style crisis which resulted in a stand off, a decision of the Prime Minister not to resign or seek a dissolution, and the eventual intervention of the Governor-General to withdraw the commission of the Australian Prime Minister (in effect dismissing him) and the appointment of a minority government from the opposition in the House of Representatives and the calling of a general election.
In practice, however, most legislation (except for "Private Member's Bills") in the Australian Parliament is initiated by the Government, which has control over the lower house. It is then passed to the Senate, which may amend the bill or refuse to pass it. In the majority of cases, voting is along party lines (see also: conscience vote).
Where both Houses disagree
There are detailed conventions and rules regarding situations in which the Senate and the House disagree. If the Senate repeatedly refuses to pass legislation initated in the lower house, the Government may either abandon the bill, continue to revise it, or call a double dissolution (election for both houses of Parliament) and attempt to pass the bill at a subsequent joint sitting of the two houses.
Voting system
The voting system for the Senate has changed twice since it was created. The original arrangement was a first past the post block voting mechanism. In 1919, it was changed to preferential block voting. Block voting tended to grant landslide majorities and even "wipeouts" very easily. In 1946, the Australian Labor Party government won 33 out of the 36 Senate seats (check). In 1948, partially in response to this extreme situation, they introduced proportional representation in the Senate.
Senate Ballot Paper
The Australian Senate ballot under STV voting paper looks a bit like this:
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State of ________________ 200x Election
*.
*A[__]Green B[__]NLP___ C[__]Dem__ D[_]Libtn___ E[_]Rep__ __UnGrouped
*XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
*A[09]Nader B[11]Smith_ C[14]Kerry D[1]deSoto__ E[6]Bush_ UG[18]Rubble
*A[10]Brown B[12]Haddad C[15]Derry D[3]Friedman E[7]Rush_
*__________ B[13]Smyth_ C[16]Perry D[4]Milton__ E[8]Laura UG[17]Flint
*__________ ___________ C[19]Berry D[2]Forbes_S
*__________ ___________ __________ D[5]Perot___
* .
*Instructions, either
** write the number "1" in a single box above the line; or
** write the numbers "1", "2", "3" ......."17", "18" and "19" in the all boxes below the line.
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Because the there are 6 senators per state, and the quota for election is only 14.7%, Senate elections are very competitive, with a large number of candidates. Having to number all the squares below the line is onerous, which is why the much easier "above the line" voting was introduce. About 95% of voters vote Above the Line. An above the line vote is deemed to be filled in according to a party or groups officially registered ticket.
Here is another sample Senate Ballot paper: this.
The "unrepresentative" house
As a body intended to provide greater representation to smaller states, the Senate (like many upper houses) is necessarily relatively unrepresentative; Tasmania, with a population of 450,000, elects the same number of Senators as New South Wales, which has a population of 6 million. Paul Keating called it an "unrepresentative swill". But the proportional election system within each state ensures that Senate is much more diverse than the lower house, which is basically a two party body. Because of this the Senate frequently functions as a revising chamber, intended not to match party political strength in the lower chamber but to bring in different people, in terms of geography, age and interests, who can contribute in a less politicised manner to the process of legislative enactment.
Size
The size of the Senate has changed over the years. The Australian Constitution requires that the Senate be as near as possible to half of the size of the House of Representatives, and it has therefore grown periodically. Currently, each of the six States of Australia has 12 Senators, while the Northern Territory and the Australian Capital Territory have two each. Normally, half of the Senate is contested at each election, for terms of up to six years, but during a double dissolution, every seat faces re-election.
Significant moments
Significant events in the history of the Senate include its role in the downfall of the Whitlam Government during Australian Constitutional Crisis of 1975, and the Howard Government's controversial acquisition of the support of Senator Mal Colston, thus obtaining a majority and enabling the passage of a great deal of disputed legisaltion.
Parties in the Australian Senate
Parties which currently have representation in the Senate: Australian Democrats, Australian Greens, Australian Labor Party, Liberal Party of Australia, National Party of Australia.
Parties which have been represented in the past: Democratic Labor Party, Nuclear Disarmament Party, One Nation... [free traders, protectionists, early incarnations of the liberal and national parties...]
The Australian Senate is the model of some in Canada, particularly in the Western provinces, who wish to reform the Canadian Senate to take a much more active legislative role.
See also: Australian House of Representatives, List of longest-serving members of the Australian Senate
References
- John Uhr, The Senate and Proportional Representation: Public policy justifications of minority representation, Working Paper no. 69, Graduate Program in Public Policy, Australian National University, 1999.