| Parliament name |
Parliament of the Commonwealth of Australia |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
House of Representatives
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· On 01.07. following the periodic election (Senators from the states), or on the day of the election (Senators from the territories). Following a simultaneous dissolution, Senators elected at a subsequent election take office from the day of the election. Vacancies. |
| 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 Senate; S. 47 of the Constitution as altered to 30.04. 1991, SO 207 of the Standing Orders and Other Orders of the Senate). See also Loss of mandate.
· Procedure
|
| End of the mandate |
· At midnight before the sixth anniversary of taking office (30.07.) (Senators from the states), or at midnight of the day preceding a general election for the House of Representatives (Senators from the territories). In the case of a simultaneous dissolution, on the day of early dissolution. Vacancies. |
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 19 of the Constitution)
· Procedure (S. 19 of the Constitution)
· Authority competent to accept the resignation: the President or the Governor-General
|
| Can MPs lose their mandate? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Disqualification for membership by the Senate (S. 47 of the Australian Constitution, SO 207 of the Standing Orders and Other Orders of the Senate)
(b) Loss of mandate by judicial decision:
- Election petitions
(c) Loss of mandate for not attending sessions of Parliament (S. 20 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 President of the Senate
2. Other MPs in accordance with seniority (period of continuous service as Senators)
· Outside Parliament: the official order of precedence ranks the President of the Senate in the 5th position (with the Speaker of the House of Representatives; 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 President of the Senate holds a diplomatic passport, the other Senators hold official passports.
· Basic salary (Remuneration and Allowances Act 1990): $ AUS 81,856 gross per year
+ Electorate Allowance (Remuneration Tribunal Determination 1998/1): $ AUS 26,467 gross per year
+ Salary of office: depending on office
· No exemption from tax. Tax rebates can be claimed for the Electorate Allowance to the extent that expenditure can be accounted for by receipts to the Australian Taxation Office.
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Official car
(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; 11 Privilege Resolutions of the Senate of 25.02.1988).
· 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, Privilege Resolutions 3, 6, and 8)/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 193 (2) and (3) of the Standing Orders and Other Orders of the Senate)/ Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech (for all three, 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 Senators 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 Senators from being called as witnesses before a judge or tribunal during Senate or committee meetings and 5 days before and 5 days after those meetings. Moreover, a Senator who is involved in recording the proceedings of the Senate or a committee, may not give evidence elsewhere in respect of these proceedings without the permission of the Senate, or, if the President is authorised to do so, of the President (SO 183 of the Standing Orders and Other Orders of the Senate).
· Protection is provided from 5 days before the House or committee is meeting until 5 days after the meeting (S. 14 of the Parliamentary Privileges Act 1987; see also Senate Resolution of 22.10.1984 J. 1276). Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against Senators 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, the President of the Senate has to be notified of the fact and cause of the Senator's arrest (Senate Resolution of 18.03.1987 J. 1693). See also Privilege Resolution 6 (6).
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the Senators 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 Senators. It consists of addresses by experienced Senators, and officers of the Senate.
· It is co-ordinated by the Procedure Office of the Department of the Senate. Political parties also arrange training programmes.
· Handbooks of parliamentary procedure:
- Odgers' Australian Senate Practice (8th ed., Canberra, AGPS, 1997, edited by Harry Evans, Clerk of the Senate)
|
| Participation in the work of the Parliament |
· It is not compulsory for Senators to be present at plenary sittings or committee meetings. But if Senators 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 184 to 206 of the Standing Orders and Other Orders of the Senate, in the Parliamentary Privileges Act 1987, in the 11 Privilege Resolutions, and in customary law.
· Disciplinary measures foreseen:
- Order to discontinue a speech (SO 196 of the Standing Orders and Other Orders of the Senate)
- Report that the Senator has committed an offence (SO 203 (1) and (2) of the Standing Orders and Other Orders of the Senate)
- Order to make an explanation or apology (SO 203 (3) of the Standing Orders and Other Orders of the Senate)
- Suspension from the sitting (SO 203 (3) and 204 of the Standing Orders and Other Orders of the Senate)
- Intervention to prevent a quarrel (SO 205 of the Standing Orders and Other Orders of the Senate)
- Order to attend the Senate and custody (SO 206 of the Standing Orders and Other Orders of the Senate)
· Specific cases:
- Offences against the Senate (SO 203 of the Standing Orders and Other Orders of the Senate)/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 193 (2) and (3) of the Standing Orders and Other Orders of the Senate): report that the Senator has committed an offence; order to make an explanation or apology; suspension from the sitting
- Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech: call to attention; publication of responses of persons adversely affected
- Offences against a House (breach of the privileges or immunities, or contempt of a House, of the Members or committees; S. 4, 6 and 7 of the Parliamentary Privileges Act 1987, Privilege Resolutions 3 and 6): fine or imprisonment
- Misconduct: censure
· Competent body to judge such cases/to apply penalties:
- Order to discontinue a speech/Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech: the President; the Senate
- Report that the Senator has committed an offence/order to make an explanation or apology/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections: the President or the chairman of the committee
- Suspension from the sitting/intervention to prevent a quarrel/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections/offences against a House/misconduct: the Senate
- Order to attend the Senate and custody:
· Procedure:
- Order to discontinue a speech (SO 196 of the Standing Orders and Other Orders of the Senate)
- Report that the Senator has committed an offence/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 203 (1) and (2) of the Standing Orders and Other Orders of the Senate)
- Order to make an explanation or apology/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 203 (3) of the Standing Orders and Other Orders of the Senate)
- Suspension from the sitting/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections (SO 203 (3) and 204 of the Standing Orders and Other Orders of the Senate)
- Intervention to prevent a quarrel (SO 205 of the Standing Orders and Other Orders of the Senate)
- Order to attend the Senate and custody (SO 206 of the Standing Orders and Other Orders of the Senate)
- Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech
- Offences against a House (S. 4, 6, and 7 of the Parliamentary Privileges Act 1987, Privilege Resolutions 3, and 6 to 8)
- Misconduct
|
| Code (rules) of conduct |
· This concept does not yet 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 and misconduct, 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, and 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
