Joint Sitting of the Australian Parliament of 1974
A joint sitting of the Australian parliament was convened in 1974, in which members of the Senate and House of Representatives sat together as a single legislative body. The joint sitting was held on 6 and 7 August 1974, following the double dissolution 1974 federal election, and remains the only time that members of both houses of the federal parliament have sat together as a single legislative body pursuant to section 57 of the Constitution.
This sitting deliberated and voted upon the following bills:
- Commonwealth Electoral Bill (No. 2) 1973, which sought to make Commonwealth electorates more even in size by reducing the allowable quota variation from 20 per cent to 10 per cent
- Senate (Representation of Territories) Bill 1973, which gave the Australian Capital Territory and the Northern Territory two senators each
- Representation Bill 1973, which stated that neither the people of the territories nor the territory senators could be included in the formula for determining the number of House seats for each state
- Health Insurance Bill 1973, which was the main bill that established Medibank (now known as Medicare)
- Health Insurance Commission Bill 1973, which established the Medibank administrative agency the Health Insurance Commission (now known as Medicare Australia)
- Petroleum and Minerals Authority Bill 1973, which was included despite some uncertainty as to whether the provisions of s.57 had been met. This established a statutory body to control the exploration for, and development of, petroleum and mining resources
All six bills were affirmed by an absolute majority of the total number of members and senators, a requirement under the Constitution for the bills to pass. All proceedings of the joint sitting were broadcast by the Australian Broadcasting Commission and a complete sound record was made for archival purposes. This would be the first Australian television coverage of parliamentary debates.[1]
Political background
In early 1974, the conservative parties led by Billy Snedden had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the bills twice, Prime Minister Gough Whitlam advised a double dissolution under section 57 of the Constitution. The Governor-General Sir Paul Hasluck agreed, and on 18 May an election for both houses of parliament was held.
Campaigning for the Labor Party, Whitlam asked the electorate to let him "finish the job" and used the slogan "Give Gough a Go". The Liberal and Country parties focused their campaign on government mismanagement and the state of the economy. The Labor Party was returned with a slightly reduced majority in the House of Representatives and, crucially, still without the Senate majority it required to pass the legislation in question.
The new parliament convened on 9 July. On 11 July, Sir Paul Hasluck's term as Governor-General ended, and Sir John Kerr was sworn in. The legislation was reintroduced, but, as expected, it again failed to pass the Senate. Now, all the constitutional requirements for a joint sitting had been met. At Whitlam's request, on 30 July Sir John Kerr issued a proclamation convening the joint sitting.
The coalition parties sought to prevent the joint sitting by challenging its constitutional validity in the High Court. The writs were issued by Senator Sir Magnus Cormack (Lib) and Senator Jim Webster (CP) on 1 August. The Queensland government also brought an action, although it sought a narrower declaration. The court delivered a unanimous decision on 5 August (Cormack v Cope (1974) 131 CLR 432) and ruled that the sitting was constitutionally valid.
The sitting
The joint sitting of all 187 members of Parliament (127 from the House of Representatives and 60 from the Senate) was held over two days, on 6 and 7 August 1974. The House of Representatives chamber was chosen as the venue for the sitting, and the event was covered by both radio and television. As well as the lower house holding a bigger seating capacity than the Senate, Whitlam said it was "the people's House, the House where alone governments are made and unmade".[2]
Speaker Jim Cope assumed the chair; his had been the only nomination. Whitlam further commented that "at long last, after sustained stonewalling and filibustering, the parliament can proceed to enact these essential parts of the government's program." Snedden, on the other hand, was more cynical, stating "this is indeed an historic occasion. So many people have described it as such that one is convinced it must be."
Given the importance of the occasion, both sides of politics showed behaviour and restraint. The Coalition continued to oppose the legislation but the Labor majority in the House was such that it had an overall majority in the Parliament, and all the legislation was able to pass easily. A vote of 94 was required, so that if at least 94 of the 95 Labor parliamentarians supported the bills, each would be passed.
Special rules were drafted for the conduct of business. These included the hours of sittings, a 20-minute limit on speeches, and a requirement that there be at least 4 hours of debate (or 12 speakers) before debate on any bill could be ended.
For the most part, the proceedings moved smoothly. The health insurance bills were both passed on party lines, 95 to 92, and the Petroleum and Minerals Authority legislation also passed on party lines, though with one Liberal Party member absent. Liberal Movement Senator Steele Hall supported the three electoral Bills, citing his experience as Liberal Premier of South Australia, where he had fought his own party to improve unequal electoral arrangements known as the Playmander. Northern Territory Country Party member Sam Calder supported the Territory Senators legislation, though he opposed the ACT being given added representation.
The proceedings concluded at 11 p.m. on 7 August, to mixed reviews. Labor saw it as an ‘historic’ event; their opponents saw it as a waste of time. On 8 August 1974, the Governor-General gave Royal Assent to all the bills.
The only parliamentarian who took part in the Joint Sitting who is still serving today is the Father of the House and of the Parliament, Philip Ruddock, who had been elected to the House of Representatives in 1973.
Subsequent legal challenge
Thirteen months later, four state litigants, Victoria,[3] New South Wales,[4] Queensland[5] and Western Australia[6] took legal action against the Minister for Minerals and Energy Rex Connor and the Commonwealth Government, and successfully overturned the Petroleum and Minerals Authority Act 1973 on the grounds that correct constitutional procedure had not been followed: it had not been one of the 'proposed laws' in dispute when the double dissolution was called and could not therefore be voted on by the joint session. Although the law remains on the statute books as No. 74 of 1973, it was invalidated by the ruling of the High Court.
Proposed joint sitting 1987
In 1987, the Hawke government's legislation for an Australia Card was twice rejected by the Senate, before and again after the 1987 double dissolution election. A joint sitting was planned, but the bill was abandoned when it was realised its implementation would still have been subject to the whim of the Senate, which was hostile to the proposal.
References
- ↑ Odgers Australian Senate Practice, chapter 21
- ↑ Opening Speech At The Joint Sitting Of Parliament
- ↑ Victoria v. The Commonwealth and Connor (1975) 134 CLR 81
- ↑ New South Wales v. The Commonwealth (1975) 135 CLR 337
- ↑ Queensland v. The Commonwealth (1975) 134 CLR 201
- ↑ Western Australia v. The Commonwealth (1975) 134 CLR 201