Accountability of the Governor General Flashcards
How are members of the HOR held accountable through elections
Single member electorates, one vote one value, every 3 years, preferential voting, Eg Tony Abbot in 2019 and Bridget Archer was re-elected after crossing the floor on the climate integrity, crossed the floor on the religious discrimination bill
How are senators held accountable through elections
Multi-member electorates, in 2019 7.3% of people voted below the line (above the line means not holding specific people accountable, vote for the party), Constitutionally enshrined malapportionment- vote in Tasmania is worth more than a vote in NSW, every 6 years, senate voting reform gave voters control over preferences, Eg Lisa Singh encouraged people to vote for her below the line after ALP demoted her to sixth position. She was elected due to the overwhelming below the line voting, However she is from Tasmania, in Tasmania 28% of people vote below the line whilst 6% of all Australians vote below the line, However there was a double dissolution meaning the quota was only 7.7% making it easier for her to be elected
Committees
Group of Members or Senators (or both- joint committees) appointed by one or both houses of Parliament to undertake certain specified tasks, Represent the composition of parliament meaning if it is made up of Members, will have government majority, Have both government and non-government members and considerable powers, Investigate specific matters of policy, government administration or performance, Provide a mechanism that enables matters of public importance to be investigated, Scrutinise government activity such as the expenditure of government money, Responsible for matters related to the internal administration of the parliament, Internal way of dealing with things that is quicker (not always) however can be biased
Privileges committee
Parliamentary privilege means members of parliament are exempt from judicial accountability however it must be used within reason, Members of parliament can be referred to the privileges committee for alleged breaches of privilege and contempt from parliament
Committee example
In 2012 ALP backbencher Craig Thompson used parliamentary privilege to list members of the Health Services Union who had “set him up” following the investigation into Thompson for using union money to pay for escorts and hotel rooms, He was found guilty and Parliament issued a motion of regret and apologised, He lost his seat in the 2013 election (held accountable by electorate before committee, In 2016, the privileges committee reprimanded Thompson but he was no longer a sitting member of parliament
Members’ and Senators’ interests
Within 28 days of making and subscribing an oath as a member, each member must provide a statement including their registrable interests to make members’ financial interests transparent and to ensure there are no conflicts of interests which undermine the operation of good government, Members may be referred to the interests committee for failing to declare their interests
Section 50
Gives each house of parliament the power to make its own rules in relation to ‘the order and conduct of its business and proceedings’
Standing orders
Cover matters such as orders of business, proposing and voting on motions and addressing the speaker/president of the house
94A
Allows the speaker to remove people from parliament?
Procedures
Ensure the process occurs smoothly, Rules of debate (standing orders), Petitions, Divisions (going up to vote), Hansard (record)
Processes
Actions/steps taken to legislate, represent and debate, Scrutiny of bills, Debate, Inquire into bills and issues of public concern
Presiding officer
Speaker of the HOR and the president of the Senate, Expected to be impartial adjudicators, Role of the presiding officer to maintain order to ensure that debate can continue if heated exchanges occur, Any member can refer matters to the presiding officer through a ‘point of order’, Interprets standing orders and restores order so that normal processes can resume
Can order a member or senator from the chamber
Standing order effectiveness
Allow for parliament to function effectively, set out steps needed for a bill to pass and allow the presiding officer to maintain control over the chamber, Can be suspended or amended by a simple majority vote meaning the government can manipulate standing orders in the HOR however executive dominance doesn’t really extend to the Senate
Judicial review
Separation of powers and the judicial branch being kept free from outside interference allows for the judiciary to hold parliament accountable, Section 72- entrenches independence of the judiciary allowing it to stand apart from parliament, Section 73,75 and 76 vests jurisdiction in the High Court allowing the High Court to hold parliament to account, High Court can rule legislation passed by parliament as ultra vires rendering it invalid (Eg Williams No2), Federal courts’ interpret Commonwealth Statutes (Eg- Native Title act, race discrimination act, migration act), Court of disputes if for election results and is a special jurisdiction vested in the High Court by the electoral act 1918
Judicial review example
In 2018, Queensland changed its electoral law preventing property developers from making political donations to registered political parties whilst at the same time Commonwealth amended its legislation allowing these donations, Under section 109, the Queensland law would be invalidated if challenged in the High Court as it was in conflict with Commonwealth law, Gary Spence challenged the decision but Queensland argued their law was valid claiming that the Commonwealth couldn’t interfere with the States’ electoral jurisdiction
How does a constitutional monarchy work for accountability
Powers are defined and limited by constitution (provides accountability, legally enforceable)
Circular accountability
GG can advise the PM to be removed (section 64), PM can advise the GG to be removed (convention)
Constitutional appointment of the GG vs modern reality
Constitutional- under section 2 the GG’s appointment is at the “Queens pleasure”
Reality- recommendation of the GG is made by the Prime Minister in consultation with staff or colleagues
Statute of Westminster
1931, By convention the Monarch is bound to accept the advice of the PM, gave Australia more independence from the UK, created a democratic layer
Problem with the current appointment process
Prime Minister can choose someone that aligns with their values, Eg Scott Morrison appointed David Hurley in 2019 who was military personnel and reflected the values of the Liberal party
Importance of the oath
Witnessing of the Oath of Office by the PM enforces the importance of the GG being accountable for their actions, Oath of allegiance is made to the monarch (only accountable to the Monarch)
Tenure and remuneration of the GG
Section 3- set remuneration (salary) at 10,000 pounds until otherwise determined by parliament, Serve at the pleasure of the Queen but convention says their term is around 5 years, GG has a fixed salary to minimise coercion
Process of recalling/removing the GG
Monarch can remove the GG before the end of their term but must be on the advice of the PM, Usually given the opportunity to resign before being forcefully removed
Most effective accountability mechanism of the GG
The public opinion
