The Constitution establishes the Commonwealth Parliament, consisting of three components: the King of Australia, the Senate and the House of Representatives.
Senate The upper house of the Australian Parliament consists of 76 members and is called the
Senate,. It has founding principles dervied from both the British 'Westminster' traditions and the US 'Washington' models structure, often referred to as the "Wash-minster' model. Drawing inspiration from the
United States Senate fundamental structure, the Australian Senate includes an equal number of senators from each state, regardless of population. Conversely the Australian Senate draws many of its traditions and symbols from the British
House of Lords (which does not elect members), such as the Red Chamber and the
Usher of the Black Rod. The Constitution allows Parliament to determine the number of senators by legislation, provided that the six original states are equally represented. Furthermore, the Constitution provides that each original state is entitled to at least six senators. However, neither of these provisions applies to any newly admitted states, or to territories. Since an act was passed in 1974, senators have been elected to represent the territories. Currently, the two
Northern Territory senators represent the residents of the Northern Territory as well as the Australian external territories of
Christmas Island and the
Cocos (Keeling) Islands. The two
Australian Capital Territory senators represent the Australian Capital Territory, the
Jervis Bay Territory and since 1 July 2016,
Norfolk Island. Only half of the state Senate seats go up for re-election each three years (except in the case of a double dissolution) as they serve six-year terms; however territory Senators do not have staggered terms and hence face re-election every three years. Until 1949, each state elected the constitutional minimum of six senators. This number increased to ten from the
1949 election, and was increased again to twelve from the
1984 election. The system for electing senators has changed several times since
Federation. The original arrangement used a
first-past-the-post block voting, on a state-by-state basis. This was replaced in 1919 by
preferential block voting. Block voting tended to produce
landslide majorities. For instance, from 1920 to 1923 the
Nationalist Party had 35 of the 36 senators, and from 1947 to 1950, the
Australian Labor Party had 33 of the 36 senators. In 1948,
single transferable vote proportional representation on a state-by-state basis became the method for electing senators. This change has been described as an "institutional revolution" that has led to the rise of a number of minor parties such as the
Democratic Labor Party, the
Democrats and the
Greens who have taken advantage of this system to achieve parliamentary representation and the balance of power. From the 1984 election,
Group voting tickets were introduced in order to reduce a high rate of informal voting but in 2016, group tickets were abolished to end the influence that preference deals amongst parties had on election results and a form of
optional preferential voting was introduced. Section 15 of the Constitution provides that a
casual vacancy of a senator shall be filled by the state Parliament. If the previous senator was a member of a particular political party the replacement must come from the same party, but the state Parliament may choose not to fill the vacancy, in which case section 11 requires the Senate to proceed regardless. If the state Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the state governor (acting on the advice of the respective state government) can appoint someone to fill the place until fourteen days after the state Parliament resumes sitting. The state Parliament can also be recalled to ratify a replacement. Federal electorates have their boundaries redrawn or redistributed whenever a state or territory has its number of seats adjusted, if electorates are not generally matched by population size or if seven years have passed since the most recent redistribution. From 1901 to 1949, the House consisted of either 74 or 75 members (the Senate had 36). Between 1949 and 1984, it had between 121 and 127 members (the Senate had 60 until 1975, when it increased to 64). In 1977, the
High Court ordered that the size of the House be reduced from 127 to 124 members to comply with the nexus provision. In 1984, both the Senate and the House were enlarged; since then the House has had between 148 and 151 members (the Senate has 76). First-past-the-post voting was used to elect members of the House of Representatives until in 1918 the
Nationalist Party government, a predecessor of the modern-day
Liberal Party of Australia, changed the lower house voting system to
full preferential voting for the subsequent
1919 election. This was in response to
Labor unexpectedly winning the
1918 Swan by-election with the largest
primary vote, due to vote splitting among the conservative parties. Full-preferential voting re-elected the
Bob Hawke government at the
1990 election, the first time in federal history that Labor had obtained a net benefit from preferential voting.
Both houses It is not possible to be simultaneously a member of both the Senate and the House of Representatives, but
a number of people have been members of both houses at different times in their parliamentary career. Only Australian citizens are eligible for election to either house. They must not also be a subject or citizen of a "foreign power". When the Constitution was drafted, all Australians (and other inhabitants of the British empire) were
British subjects, so the word "foreign" meant outside the Empire. But, in the landmark case
Sue v Hill (1999), the
High Court of Australia ruled that, at least since the passage of the
Australia Act 1986, Britain has been a "foreign power", so that British citizens are also excluded.
Compulsory voting was introduced for federal elections in 1924. The immediate justification for compulsory voting was the low voter turnout (59.38%) at the
1922 federal election, down from 71.59% at the
1919 federal election. Compulsory voting was not on the platform of either the
Stanley Bruce-led Nationalist/Country party coalition government or the
Matthew Charlton-led Labor opposition. The actual initiative for change was made by
Herbert Payne, a backbench Tasmanian
Nationalist Senator who on 16 July 1924 introduced a
private Senator's bill in the Senate. Payne's bill was passed with little debate (the House of Representatives agreeing to it in less than an hour), and in neither house was a division required, hence no votes were recorded against the bill. The
1925 federal election was the first to be conducted under compulsory voting, which saw the turnout figure rise to 91.4%. The turnout increased to about 95% within a couple of elections and has stayed at about that level since. Since 1973, citizens have had the right to vote upon turning 18. Prior to this it was 21.
Australian Federal Police officers armed with
assault rifles have been situated in the Federal Parliament since 2015. It is the first time in Australian history that a parliament has possessed armed personnel. ==Procedure==