An overview of the institution and processes of the Australian parliament, featuring the Commonwealth and Queensland to illustrate and question its representative nature.

1. The Parliament
Seat of democratic process
supporting sustainable governance
1

2. Learning outcomes
Explain history of
Westminster system
Functions of Parliament
in Australian
governance
Evaluate eligibility
requirements: voting,
standing
Evaluate electoral
system: access to
justice
2

3. WESTMINSTER SYSTEM
History of Parliament
3

4. What
powers did
early
monarchs
have?
4http://abcnews.go.com/Entertainment/queen-elizabeth-visits-game-thrones-set/story?id=24281650

5. Parliamentary
(r)evolution
Early advisory group
Magna Carta: seek
counsel before legislating
Lords and commons: 14th
century
Glorious Revolution
5

6. Parliament in Australia
Reception
Decree
1823: 1st NSW
parliament (veto only)
6
Still no responsible,
representative
govt…

7. Westminster (London)
7

8. Westminster system
Head of state + head
of govt divvy power
Responsible
govt
Representative
govt
Govt =
majority
parli
Ministers drawn
from gov party
8

9. Westminster in Queensland
Nominal
power: head
of state
De facto
power: head
of govt
(premier)
Majority in
parliament
forms govt
Cabinet from
majority
Nominal
power
through
Governor
9

10. Westminster in the
Commonwealth
Nominal power:
head of state
De facto
power: head of
govt (Prime
Minister)
Majority in lower
house forms
govt
Cabinet from
majority party
Nominal power:
through
Governor-
General
10

11. General process of
parliamentary law-making
Lower
house
Upper
house
(house of
review)
Ratification
11

12. Westminster in a federation
Each State
Queen
(Governor)
Legislative
Council
Legislative
Assembly
Commonwealth
12
Queen
(Governor-
General)
Senate
House of
Representatives
Queensland

13. House of
Representatives:
Vital statistics
 How many members?
 Whom do they represent?
 What is the function of this
chamber in Australian
governance?
 What electorate do you live
in?
 Who is your federal member?
13

14. The Senate:
Vital statistics
 How many members?
 Whom do they represent?
 What is the function of this
chamber in Australian
governance?
 How many senators in
Queensland?
 When are they due for re-
election?
14

15. (Qld) Legislative
Assembly:
Vital statistics
 How many members?
 Whom does it represent?
 What is its role in Australian
governance?
 Is this system sustainable in
terms of governance?
 What electorate do you live
in?
 Who is your local member?
15

16. (Qld) Legislative
Council:
Vital statistics
 What is the role of the
Queensland Legislative
Council?
 How does it contrast with
other Australian states, and
the Commonwealth?
 Is this system sustainable in
terms of governance?
 Why is the Governor sitting in
the Legislative Council?
16

17. Local government
 Is local government a part of
our constitutional
framework?
 Where does it derive its
power?
 What role does it play in our
system of governance?
 Is this system sustainable in
terms of governance?
 How might it be improved?
17

18. Parliamentary functions
Represents
the
electorate
Forum for
debate
Makes
legislation
Oversees
executive
18

19. Elections
Composition
of
Parliament
Law making Justice?
Representation, justice,
sustainability
19

20. Who
can
vote?
One vote
one
value?
Who can
be
elected?
What is
the
electoral
system?
Elections: sustainable path to
representative govt?
20

21. RIGHT TO VOTE
Voting
21

22. Suffrage
Right to
vote
Opportunity
to vote
Right to
stand
22
‘active
suffrage’
‘passive
suffrage’

23. Source of suffrage (Cth)
Commonwealth Constitution, ss 7, 24:
The Senate and the House of
Representatives shall be composed of
members directly chosen by the people
of the Commonwealth…
23

24. Langer v Cth (1996) 70 ALJR 176
Electoral system
required full
preferential voting
Criminal offence to
advocate informal
vote
Langer: Constitution
requires ‘directly
chosen by the
people’
Court: full preferential
voting didn’t breach
‘directly chosen’
‘MPs may be chosen
by the people even
though the people
dislike voting for
them’
Constitution not
source of civil right to
vote
24

25. King v Jones (1972) 128 CLR 221
Applicants under 21
Entitled to vote in SA
but too young for Cth
1. Claim to be ‘adult
person’ per s41
Constitution
2. Claim that
franchise for elector
of House Reps
determined by state
(s30 Const)
S41 Const to operate
when parli had made
a law determining
Cth franchise
Otherwise, refers to
adult persons, which
are persons over 21
25

26. Source of suffrage (Cth)
Langer
King
No
constitutionally
enshrined right
to vote
26

27. Commonwealth Electoral
Act 1918 (Cth), s93
Eligible Ineligible
is 18 years of age or over, and is of unsound mind
is an Australian citizen, or is serving a prison sentence of
three years or longer; or
was a British subject on a
Commonwealth electoral roll as at
25 January 1984; and
has been convicted of treason or
treachery and has not been
pardoned.
has lived for at least one month at
their current address (or within the
division).
is a permanent resident but not an
Australian citizen
is on a temporary visa or unlawful
non-citizen
27

28. Electoral Act 1992 (Qld), s64
(1) A person is entitled to be enrolled for an
electoral district if the person—
(a)either—
(i) is entitled to be enrolled under the
Commonwealth Electoral Act for the purposes of
that Act in its application in relation to an election
within the meaning of that Act; or
(ii) is not so entitled, but was entitled to be enrolled
under the Elections Act 1983 on 31 December 1991;
and
b) lives in the electoral district and has lived in
it for the last month.
28

29. VOTING PROCESSES
Voting
29

30. Election ink
Can voter ID laws disenfranchise
voters?
Case study: Queensland
election 2015 – see Electoral Act
1992 (Qld)
30http://en.wikipedia.org/wiki/Election_ink

31. 31
Compulsory voting
http://www.doministuart.com/how-can-compulsory-voting-be-a-good-thing/

32. Democracy
Do ‘donkey votes’ enhance or
hinder democracy?
How do they affect your
understanding of compulsory
voting?
32http://www.eurekastreet.com.au/article.aspx?aeid=35434#.VSshNxceYwE

33. One vote, one value:
representation?
33http://thecosmicgoose.deviantart.com/art/Gerrymander-333309433

34. One vote, one value?
A-G (Cth) Ex rel McKinlay v Cth (1975) 135 CLR1
Electorate
#1
10,000 voters
Electorate
#3
40,000
voters
Electorate
#2
20,000
voters
34
Not constitutionally entrenched

35. ELIGIBILITY TO STAND
Representative Parliament?
35

36. Parliament of Queensland
Act 2001 (Qld), s64
Eligible Disqualified
Adult Australian citizen living in Qld In jail
Enrolled to vote Within 2 years of nomination
convicted, sentenced to one year
imprisonment or more
Not disqualified Within 7 years of nomination,
convicted of bribery as an MP
Within 10 years, convicted of
electoral offence
Not pardoned for treason, sedition,
sabotage
Bankruptcy issues
36

37. Parliamentary
Representation
What does it mean?
How far does it go?
Consider formal equality and
substantive equality.
Does excluding people from
eligibility to stand affect how
representative parliament is?
37
http://rampyourvoice.com/2013/08/15/why-representation-matters-in-
childrens-books-media/

38. ELECTORAL SYSTEM
Representative democracy
38

39. Single Member
Constituency
House of Representatives
(preferential voting)
Queensland Legislative
Assembly (optional preferential
voting)
39
http://commons.wikimedia.org/wiki/File:Preferential_bloc_voting_ballot_3.pn
g

40. Proportional
representation:
Senate, Tas -
preferential
40http://ttnewsflash.com/?p=42650

41. Single member constituency
legislature
Majority
(>50%)
Minority
(<50%)
Executive
41

42. Proportional representation
Legislature
Party 1 Party 2 Party 3 Party 4 Party 5
42

43. Qld Parliament (2015)
Party % vote seats % seats
LNP 41.32 42 47.2
Labor 37.47 44 49.5
KAP 1.93 2 2.2
Greens 8.43 0 0
other 10.85 1 1.1
Total 100 89 100
43
http://blogs.abc.net.au/antonygreen/2015/02/final-queensland-election-results-
preferences-and-a-new-pendulum.html

44. 44

45. Is parliament representative?
Where did parliament come from?
What is its role?
Who can vote?
What is the voting process?
Who can stand for election?
What are the Australian electoral systems?
45