| Parliament name |
Parliament of the Commonwealth of Australia |
| Structure of parliament |
Bicameral |
| Chamber name |
House of Representatives |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· On the day of the election |
| Validation of mandates |
· No validation, except in case of challenge by parliamentary election petitions ((in)validation by the Court of Disputed Returns) or in case of legal disabilities ((in)validation by the House of Representatives; S. 47 of the Constitution as altered to 30.04. 1991). See also Loss of mandate.
· Procedure
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (S. 5 and 28 of the Constitution), with the exception of the Speaker who continues in office until a new one is chosen in the new Parliament |
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 37 of the Constitution)
· Procedure (S. 37 of the Constitution)
· Authority competent to accept the resignation: the Speaker or the Governor-General
|
| Can MPs lose their mandate? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Disqualification for membership by the House of Representatives (S. 47 of the Constitution)
(b) Loss of mandate by judicial decision:
- Election petitions
(c) Loss of mandate for not attending sessions of Parliament (S. 38 of the Constitution)
(d) Loss of mandate for incapabilities (S. 43 to 45 of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. Other MPs in accordance with position and seniority
· Outside Parliament: the official order of precedence ranks the Speaker of the House of Representatives in the 5th position (with the President of the Senate; precedence has who is appointed first, or, if they are appointed at the same time, the President of the Senate) and the other MPs in the 20th position.
|
| Indemnities, facilities and services |
· The Speaker, the Leader of the Opposition and one senior staff member of each hold diplomatic passports, the other MPs hold official passports.
· Basic salary: $ AUS 106,770 per annum (as of 1 July 2004)
+ Electorate Allowance: depending on the size of the electorate
+ Additional allowances for office holders
· No exemption from tax for basic salary and additional allowances. Electorate Allowances are tax exempt where there is evidence of appropriate expenditure.
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Use of cars
(d) Security guards
(e) Postal and telephone services
(f) Travel and transport
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (called "parliamentary privilege"; S. 49 of the Constitution in relation with Art. IX of the UK Bill of Rights of 1689; S. 50 of the Constitution in relation with the Parliamentary Privileges Act 1987).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offences against a House (breach of the privileges or immunities, or contempt of a House, of the Members or committees; S. 4 and 6 of the Parliamentary Privileges Act 1987)/use of Queen's, Governor-General's or Governor's name, offensive words, personal reflections (SO 74 to 76 of the Standing and Sessional Orders) (for both, see Discipline)/sub judice convention
· Non-accountability is in effect during proceedings of Parliament and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during proceedings of Parliament.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (called "parliamentary privilege"; S. 50 of the Constitution in relation with S. 14 of the Parliamentary Privileges Act 1987 and the Jury Exemption Act 1965).
· It applies only to civil proceedings, covers all offences, but protects MPs only from arrest and imprisonment. It also includes the exemption from compulsory attendance in a court or tribunal, and the exemption from service as a juror.
· No derogations are foreseen.
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal during House or committee meetings and 5 days before and 5 days after those meetings.
· Protection is provided from 5 days before the House or committee is meeting until 5 days after the meeting (S. 14 of the Parliamen-tary Privileges Act 1987). Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election. However, those proceedings would proceed subject to the immunities specified above.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions. However, by convention the House must be informed of the arrest of a Member on criminal charges.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars and briefing sessions.
· It is provided by the Department of the House of Representatives. Assistance to their members is provided by political parties.
· Handbooks of parliamentary procedure:
- House of Representatives Practice (3rd edition)
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings. But if MPs are absent without leave for two consecutive months at plenary sessions they are penalised (see Loss of mandate for not attending sessions of Parliament).
· Penalties foreseen in case of failure to fulfil this obligation: forfeiture of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 74 to 78, 303 to 309 and 311 of the Standing and Sessional Orders, in the Parliamentary Privileges Act 1987, and in customary law.
· Disciplinary measures foreseen:
- Call to order
- Naming and suspension (SO 303, 304, 305, and 307 of the Standing and Sessional Orders)
- Order to withdraw for one hour, eventually with naming and suspension (SO 304A, 305, and 307 of the Standing and Sessional Orders)
- Order to withdraw immediately, with naming and suspension (SO 306 and 307 of the Standing and Sessional Orders)
- Order to attend (SO 309 of the Standing and Sessional Orders)
- Arrest into the custody of the Serjeant-at-Arms (SO 311 of the Standing and Sessional Orders)
- Suspension of the sitting or adjournment of the House (SO 308 of the Standing and Sessional Orders)
· Specific cases:
- Offences against a House (breach of the privileges or immunities, or contempt of a House, of the Members or committees; S. 4 and 6 of the Parliamentary Privileges Act 1987): fine or imprisonment
- Use of Queen's, Governor-General's or Governor's name; offensive words; personal reflections (SO 74 to 76 of the Standing and Sessional Orders): intervention of the Speaker
· Competent body to judge such cases/to apply penalties:
- Call to order/naming/order to withdraw for one hour/order to withdraw immediately/order to attend/suspension of the sitting or adjournment of the House/use of Queen's, Governor-General's or Governor's name; offensive words; personal reflections: the Speaker
- Arrest into the custody of the Serjeant-at-Arms : the Speaker, the House
- Suspension/offences against a House: the House
· Procedure:
- Call to order
- Naming and suspension (SO 303, 304, 305, and 307 of the Standing and Sessional Orders)
- Order to withdraw for one hour, eventually with naming and suspension (SO 304A, 305, and 307 of the Standing and Sessional Orders)
- Order to withdraw immediately, with naming and suspension (SO 304, 305, 306 and 307 of the Standing and Sessional Orders)
- Order to attend (SO 309 of the Standing and Sessional Orders)
- Arrest into the custody of the Serjeant-at-Arms (SO 311 of the Standing and Sessional Orders)
- Suspension of the sitting or adjournment of the House (SO 308 of the Standing and Sessional Orders)
- Offences against a House (S. 7 of the Parliamentary Privilege Act 1987)
- Use of Queen's, Governor-General's or Governor's name; offensive words; personal reflections (SO 77 to 78, 303, 304, 305, and 307 of the Standing and Sessional Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system, but there are some relevant provisions (S. 44 (iv.) and (v.), and S. 45 (iii.) of the Constitution, Commonwealth Crimes Act, S. 326 and 327 of the Electoral Act). For the Declaration of interests, see Obligation to declare personal assets. For offences against a House, see Disciplinary measures.
· Penalties foreseen for violation of the code of conduct:
- Loss of mandate (S. 44 (iv.) and (v.), and S. 45 (iii.) of the Constitution; office of profit under the Crown/pecuniary interests in agreements with the Public Service of the Commonwealth/fees for services rendered)
- Imprisonment for two years and loss of mandate (Commonwealth Crimes Act in relation with S. 44 (ii.) of the Constitution/S. 326 and 327 of the Electoral Act in relation with S. 44 (ii.) of the Constitution)
· Competent body to judge such cases/to impose penalties:
- Imprisonment: competent court
- Loss of mandate: no body necessary; in controversial cases the House or the Court of Disputed Returns
· Procedure:
- Loss of mandate (S. 44 (iv.) and (v.), and S. 45 (iii.) of the Constitution)
- Imprisonment for two years and loss of mandate (Commonwealth Crimes Act in relation with S. 44 (ii.) of the Constitution)
- Imprisonment for two years and loss of mandate (S. 326 and 327 of the Electoral Act in relation with S. 44 (ii.) of the Constitution)
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
Compare data for parliamentary chambers in the Mandate module
