Lyla Lindsey
The Australian Senate is the upper house of the bicameral Parliament of Australia, with the House of Representatives being the lower house. The Senate is comprised of 76 senators, with 12 senators elected from each of the six Australian states, and two each representing the Australian Capital Territory and the Northern Territory. Senators are elected for a 6-year term, and the Senate plays an active role in legislation, with powers to review and disallow legislative instruments. The Australian Constitution established the Senate as a mechanism to ensure equal representation from each state and to prevent more populous states from dominating the legislative process.
| Characteristics | Values |
|---|---|
| Number of senators | 76 |
| Senators per state | 12 |
| Senators per territory | 2 |
| Term length | 6 years |
| Election type | Popular election under the single transferable vote system of proportional representation |
| Legislative power | Equal to the House of Representatives |
| Legislative function | To represent the states equally and to review the proposals and decisions of the House of Representatives and the executive government |
| Legislative procedure | Senators are called upon to vote on matters before the Senate |
| Legislative deadlock procedure | Section 57 of the constitution provides for a double dissolution, whereby the entire Senate is dissolved and all seats are made vacant |
| Legislative instrument disallowance | The Legislation Act 2003 provides that the Senate may disallow legislative instruments |
| Legislative instrument disallowance period | If a disallowance motion passes within 15 days, the government cannot enact an equivalent legislative instrument for six months |
| Legislative instrument disallowance initiator | Any senator may move a disallowance motion |
| Legislative instrument override | Section 109 of the Australian Constitution gives federal law precedence over conflicting state or territory law |
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What You'll Learn
The Senate's role in legislation
The Senate is the upper house of the bicameral Parliament of Australia, with the House of Representatives being the lower house. The Australian Constitution established the Senate as the second chamber of the national parliament. The drafters of the Australian Constitution modelled the Senate after the British-Westminster and United States systems. They took the idea of two houses of parliament working together to make laws from Britain and the name 'Senate' and equal representation from each state from the United States.
The Senate plays an active role in legislation and is not merely a chamber of review. Senators are called upon to vote on matters before the Senate. The powers, roles, and composition of the Senate are set out in Chapter I of the federal constitution, federal legislation, and constitutional convention. There are 76 senators, with 12 elected from each of the six Australian states, and two each representing the Australian Capital Territory and the Northern Territory. Senators are elected for a 6-year term, with a half-Senate election every federal election.
Although the prime minister and treasurer are typically members of the House of Representatives, other ministers may come from either house, and the two houses have almost equal legislative power. While the Senate cannot introduce or amend appropriation bills or bills that impose taxation, it can approve, reject, or defer them. This degree of equality between the Senate and the House of Representatives reflects the desire of the Constitution's authors to prevent the more populous states from dominating the legislative process.
In addition to reviewing legislation, the Legislation Act 2003 provides that the Senate may disallow legislative instruments, a power also held by the House of Representatives but rarely exercised. Any senator may move a motion to disallow a legislative instrument, and if passed within 15 days, the instrument is repealed, with the government unable to enact an equivalent instrument for six months.
Section 57 of the Constitution provides for a double dissolution mechanism to break deadlocks between the House and the Senate, whereby all Senate seats are vacated and filled by the relevant state or territory parliament or government.
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How senators are elected
The Parliament of the Commonwealth of Australia, or the federal Parliament, is made up of two houses: the House of Representatives and the Senate. The Senate is the upper house of the bicameral Parliament of Australia, with the House of Representatives being the lower house. The Australian Constitution establishes the Senate as the second chamber of the national parliament. It plays an active role in legislation and is not merely a chamber of review.
There are a total of 76 senators. Twelve are elected from each of the six Australian states, regardless of population, and two each represent the Australian Capital Territory (including the Jervis Bay Territory and Norfolk Island) and the Northern Territory (including the Australian Indian Ocean Territories). Senators are popularly elected under the single transferable vote system of proportional representation in state-wide and territory-wide districts. Senators are elected for a 6-year term, and there is a half-Senate election every federal election.
The functions of the Senate are to represent the states equally and to review the proposals and decisions of the House of Representatives and the executive government. The Senate cannot introduce or amend appropriation bills (bills that authorise government expenditure of public revenue) or bills that impose taxation, as that role is reserved for the lower house. However, the Senate can approve, reject or defer them. This degree of equality between the Senate and the House of Representatives reflects the desire of the Constitution's authors to prevent the more populous states from totally dominating the legislative process.
In the case of casual vacancies, they are filled by the relevant state or territory parliament or by the corresponding state or territory government on an interim basis if the parliament is not in session. A constitutional amendment passed in 1977 provides that casual vacancies must be filled by a member of the same political party as the previous senator.
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The Senate's relationship with the House of Representatives
The Australian Senate is made up of 76 senators, who are elected for terms of up to six years each. The Senate is the upper house of Australia's federal parliament, while the lower house is the House of Representatives. The two houses have a unique relationship, designed to ensure that the government can govern, but with checks and balances in place to prevent the abuse of power.
The Senate has several key functions in relation to the House of Representatives. Firstly, it reviews and amends legislation passed by the House. The Senate has the power to block or amend bills, which can then be returned to the lower house for further consideration. This provides a check on the power of the governing party, particularly when, as is often the case, the government of the day does not hold a majority in the Senate.
Secondly, the Senate acts as a house of review for the actions of the government, providing oversight and scrutiny. This includes examining the policies, programs, and expenditures of the government, as well as investigating issues of concern through committees. Senate committees can inquire into matters referred to them by the Senate, conducting hearings, gathering evidence, and reporting their findings back to the Senate.
Thirdly, the Senate shares the power to initiate and amend legislation with the House. This means that senators can introduce bills, propose amendments, and influence the legislative process. This power is significant, as it allows the Senate to shape the laws that govern Australia, ensuring that they are in the best interests of the people.
Finally, the Senate has a critical role in the financial affairs of the nation. The government must gain the approval of both houses for its budget and any proposed taxation measures. The Senate examines the budget and can block or amend appropriations and taxation bills, providing a check on the government's financial powers.
The relationship between the Senate and the House of Representatives is a delicate balance of powers and responsibilities. While the two houses work together to govern Australia, they also provide a system of checks and balances that ensures the effective functioning of Australia's democracy.
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The Senate's power to disallow legislative instruments
The Senate is the upper house of the bicameral Parliament of Australia, with the House of Representatives as the lower house. The Australian Parliament was modelled after the British-Westminster and United States systems, borrowing the idea of two houses of parliament from the former and the name 'Senate' from the latter. The Australian Senate was also designed to give equal representation from each state.
The Senate is made up of 76 senators: twelve each from the six Australian states, and two each representing the Australian Capital Territory and the Northern Territory. Senators are elected for a 6-year term, with a half-Senate election every federal election.
The Senate has significant powers, including the ability to review legislation and disallow legislative instruments. This power, provided by the Legislation Act 2003, allows any senator to move a motion to disallow a legislative instrument, typically regulations made by government ministers using delegated powers. If the motion passes within 15 days, the legislative instrument is repealed, and the government cannot enact an equivalent instrument for six months.
In practice, the Senate's role in legislation can be significant, especially when independents and minor parties hold influence. NGOs, for example, may find it more effective to pursue policy goals through the Senate, where their chances of impacting outcomes are higher.
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The impact of minor parties in the Senate
The Australian Senate is the upper house of the bicameral Parliament of Australia, with the House of Representatives as the lower house. The Senate was modelled after the United States Senate, taking on the name and the idea of equal representation from each state. The Australian Senate consists of 76 senators, with 12 elected from each of the six Australian states, and two each representing the Australian Capital Territory and the Northern Territory. Senators are elected for a 6-year term, with a half-Senate election occurring every federal election.
The impact of minor parties in the Australian Senate has been significant. While party discipline in Australian politics is strong, the presence of minor parties has made divisions in the Senate more uncertain compared to the House of Representatives. Minor parties have held the balance of power in the Senate, influencing policy outcomes and playing mediating and negotiating roles. The Australian Democrats, for example, have expressed concerns about the diminished role of Senate committees.
The Senate's power to review legislation and disallow legislative instruments is important. Any senator can move to disallow a legislative instrument, and if passed within 15 days, the instrument is repealed with a six-month moratorium on enacting an equivalent instrument. This power is also afforded to the House of Representatives but is rarely used due to the government's control of numbers.
The Australian Constitution provides for a double dissolution mechanism to break deadlocks between the House and the Senate, where all Senate seats are vacated and filled by the relevant state or territory parliament. A 1977 constitutional amendment specifies that casual vacancies must be filled by a member of the same political party as the previous senator.
Overall, the existence of minor parties in the Australian Senate has introduced uncertainty in divisions and influenced policy outcomes. The Senate's role in reviewing legislation and its power to disallow legislative instruments further contribute to its impact on the Australian political landscape.
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Frequently asked questions
The Australian Senate is the upper house of the bicameral Parliament of Australia, with the House of Representatives being the lower house.
There are 76 senators in total.
Twelve senators are elected from each of the six Australian states, regardless of population, and two each represent the Australian Capital Territory and the Northern Territory. Senators are popularly elected under the single transferable vote system of proportional representation in state-wide and territory-wide districts.
Senators are elected for a 6-year term. A half-Senate election takes place every federal election.
The Australian Senate's functions are to represent the states equally and to review the proposals and decisions of the House of Representatives and the executive government. It can approve, reject or defer bills, but it cannot introduce or amend appropriation bills or bills that impose taxation.
