Joint Sitting, Australian parliament, 1974
Encyclopedia
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:
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. It was also the first Australian television broadcast in colour, even though colour television was not generally introduced until March 1975.
had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the bills twice, the Prime Minister
was entitled to request a double dissolution
under section 57 of the Constitution. Prime Minister Gough Whitlam
did so, 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 writ
s 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 joint sitting of all 187 members of Parliament (127 from the lower house and 60 from the upper house) 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".
Speaker Jim Cope (ALP) 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.
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
.
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
was convened in 1974, in which members of the Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
and House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
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
Australian federal election, 1974
Federal elections were held in Australia on 18 May 1974. All 127 seats in the House of Representatives, and all 60 seats in the Senate were up for election, due to a double dissolution...
, 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
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
.
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 TerritoryAustralian Capital TerritoryThe Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
and the Northern TerritoryNorthern TerritoryThe Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
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 MedicareMedicare (Australia)Medicare is Australia's publicly funded universal health care system, operated by the government authority Medicare Australia. Medicare is intended to provide affordable treatment by doctors and in public hospitals for all resident citizens and permanent residents except for those on Norfolk Island...
) - Health Insurance Commission Bill 1973, which established the Medibank administrative agency the Health Insurance Commission (now known as Medicare AustraliaMedicare AustraliaMedicare Australia is an agency of the Australian Government that administers health-related programs including Medicare, the Pharmaceutical Benefits Scheme , and others. It is a prescribed agency under the Financial Management and Accountability Act 1997 and a statutory agency within the...
) - 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
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
and a complete sound record was made for archival purposes. This would be the first Australian television coverage of parliamentary debates. It was also the first Australian television broadcast in colour, even though colour television was not generally introduced until March 1975.
Political background
In early 1974, the conservative parties led by Billy SneddenBilly Snedden
Sir Billy Mackie Snedden, KCMG, QC was an Australian politician representing the Liberal Party. He was Leader of the Opposition at the 1974 federal election, failing to defeat the Labor incumbent Gough Whitlam.-Early life:...
had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the bills twice, the Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
was entitled to request a double dissolution
Double dissolution
A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks between the House of Representatives and the Senate....
under section 57 of the Constitution. Prime Minister Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
did so, the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
Sir Paul Hasluck
Paul Hasluck
Sir Paul Meernaa Caedwalla Hasluck KG GCMG GCVO KStJ was an Australian historian, poet, public servant and politician, and the 17th Governor-General of Australia.-Early life:...
agreed, and on 18 May an election for both houses of parliament was held.
Campaigning for the Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
, Whitlam asked the electorate to let him "finish the job" and used the slogan "Give Gough a Go". The Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
and Country
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
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
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. The writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s were issued by Senator Sir Magnus Cormack
Magnus Cormack
Sir Magnus Cameron Cormack KBE was a Scottish-born Australian politician.Born in Caithness-shire, he migrated to Australia as a child, and was educated at St Peter's College in Adelaide. He became a farmer and grazier in the western district of Victoria before serving in the military during World...
(Lib
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
) and Senator Jim Webster
James Webster (Australian politician)
James Joseph Webster is a former member of the Australian Senate.Educated at Caulfield Grammar School and the Royal Melbourne Institute of Technology, he worked as an accountant and farmer prior to entering politics...
(CP
National Party of Australia
The National Party of Australia is an Australian political party.Traditionally representing graziers, farmers and rural voters generally, it began as the The Country Party, but adopted the name The National Country Party in 1975, changed to The National Party of Australia in 1982. The party is...
) on 1 August. The Queensland government
Government of Queensland
The Government of Queensland is commonly known as the "Queensland Government".The form of the Government of Queensland is prescribed in its Constitution, which dates from 1859, although it has been amended many times since then...
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
Speaker Jim Cope (ALP) 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
Steele Hall
Raymond Steele Hall was the 36th Premier of South Australia 1968-70, a senator for South Australia 1974-77, and federal member for the Division of Boothby 1981-96.-Biography:...
supported the three electoral Bills, citing his experience as Liberal Premier of South Australia
Premiers of South Australia
Before the 1890s when there was no formal party system in South Australia, MPs tended to have historical liberal or conservative beliefs. The liberals dominated government from 1893 to 1905 with Labor support, with the conservatives mostly in opposition. Labor took government with the support of...
, where he had fought his own party to improve unequal electoral arrangements known as the Playmander
Playmander
The Playmander was a form of electoral malapportionment in the Australian state of South Australia, in place from 1936 to 1968. It consisted of rural districts enjoying a 2-to-1 advantage in the state parliament, even though they contained less than half of the population, as well as a change from...
. Northern Territory Country Party member Sam Calder
Sam Calder
Stephen Edward "Sam" Calder AM, OBE was a decorated World War II flying ace, member of the Australian House of Representatives, and founder of the Northern Territory Country Liberal Party, one of the more successful political parties in Australia’s history.Calder was born in Melbourne, Victoria...
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
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
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
Father of the Australian Parliament
This is a list of Fathers of the Australian Parliament.The Father of the Parliament is the more senior of the Father of the Senate and the Father of the House of Representatives...
, Philip Ruddock
Philip Ruddock
Philip Maxwell Ruddock is an Australian politician who is currently a member of the House of Representatives representing the Division of Berowra, New South Wales, for the Liberal Party of Australia...
, who had been elected to the House of Representatives in 1973.
Subsequent legal challenge
Thirteen months later, four state litigants, Victoria, New South Wales, Queensland and Western Australia took legal action against the Minister for Minerals and Energy Rex ConnorRex Connor
Reginald Francis Xavier "Rex" Connor , Australian politician, was a minister in the Whitlam government and promoted government investment to support national development...
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
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
.