House of Representatives (Australia) - Origins and Role

Origins and Role

The Commonwealth of Australia Constitution Act (Imp.) of 1900 established the House of Representatives as part of the new system of dominion government in newly federated Australia. The House is presided over by the Speaker. The 150 members of the House are elected from single member electorates (geographic districts, commonly referred to as "seats" but officially known as "Divisions of the Australian House of Representatives"). One vote one value legislation requires all electorates to have the same number of voters with a maximum 10 per cent variation. However the baseline quota for the number of voters in an electorate is determined by the number of voters in the state in which that electorate is found. Subsequently, the electorates of the smallest states and territories have more variation in the number of voters in their electorates, with the smallest holding around 60,000 voters and the largest holding around 120,000 voters. Meanwhile the largest states have electorates with more equal voter numbers, with most electorates holding 85,000 to 100,000 voters. Voting is by the 'preferential system', also known as instant-runoff voting. A full allocation of preferences is required for a vote to be considered formal. This allows for a calculation of the two-party-preferred vote.

The number of electorates in each state and territory is determined by population. The parliamentary entitlement of a state or territory is established by the Electoral Commissioner dividing the number of the people of the Commonwealth by twice the number of Senators. The population of each state and territory is then divided by this quota to determine the number of members to which each state and territory is entitled. Under the Australian Constitution all original states are guaranteed at least five members. The Federal Parliament itself has decided that the Australian Capital Territory and the Northern Territory should have at least one member each.

The current formula for determining the size of the House has the disadvantage that it can result in a House with the size being an even number (as it is a present). When the numbers are very close, as at present, this could result in both major parties having the same number of members, meaning that neither could govern. A formula setting the size of the House at twice the Senate minus one, and then determining the representation in each State and territory, would avoid this difficulty.

According to the Constitution, the powers of both houses are nearly equal, with the consent of both houses needed to pass legislation. The difference mostly relates to taxation legislation. In practice, by convention, the leader of the party (or coalition of parties) with a majority of members in the lower house is invited by the Governor-General to form the Government. Thus the leader becomes the Prime Minister and some of the other elected members of the government party in both the House and the Senate become ministers responsible for various portfolios and administer government departments. Bills appropriating money (supply bills) can only be introduced in the lower house and thus only the party with a majority in the lower house can govern. In the current Australian party system, this ensures that virtually all contentious votes are along party lines, and the Government always has a majority in those votes.

The Opposition party's main role in the House is to present arguments against the Government's policies and legislation, and attempt to hold the Government accountable as much as possible by asking questions of importance during Question Time and during debates on legislation. By contrast, the only period in recent times during which the government of the day has had a majority in the Senate was from July 2005 (following the 2004 election) to December 2007 (following the Coalition's defeat at the federal election that year). Hence, votes in the Senate are usually more meaningful. Currently however, with current numbers in the parliament resulting from the 2010 election, the situation is reversed. Legislation that is passed in the House by the current minority government is likely to be passed in the Senate, as the parties in minority government in the House have a combined majority in the Senate. The House's well-established committee system is not always as prominent as the Senate committee system because of the frequent lack of Senate majority.

In a reflection of the United Kingdom House of Commons, the predominant colour of the furnishings in the House of Representatives is green. However, the colour was tinted slightly in the new Parliament House (opened 1988) to suggest the colour of eucalyptus trees.

Australian parliaments are notoriously rowdy, with MPs often trading colourful insults. As a result, the Speaker often has to use the disciplinary powers granted to them under Standing Orders.