Double Dissolution

House of Representatives Infosheet No. 18

Revised September 1998

Page menu : Dissolution | Dissolution of the House of Representatives | Continuation of the Senate | Double dissolution | Dissolution of both Houses together | Disagreement between the Houses over legislation | Continued disagreement—joint sitting | Results of double dissolutions | The steps leading to a double dissolution and joint sitting | Joint sitting | Double Dissolution and Joint Sitting — Outline |

If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time. Section 57 of the Constitution.

Dissolution

Dissolution is the term used for the action of ending a Parliament or a House of the Parliament. Under the Constitution only the Governor-General has the power to take such action. By convention the Governor-General takes such action only on the advice of the Prime Minister of the day.

Dissolution of the House of Representatives

A House of Representatives may last for no more than three years from the date of its first meeting after an election. It then comes to an end automatically; it is said to expire. The House may also be dissolved by the Governor-General (in practice on the advice of the Prime Minister) before the three years. After the expiry or dissolution of a House, elections for the full membership of a new House are held at a general election.

Historically, dissolution of the House before the three year maximum has been usual. Only one House of Representatives has lasted for the maximum time allowed (in 1910).

Continuation of the Senate

Senators are elected for a fixed period of six years, with half the membership of the Senate being replaced on 1 July every three years. When the House expires, or is dissolved in normal circumstances, the Senate continues to exist. The Senate can only be dissolved in accordance with the double dissolution provisions of the Constitution, described below.

Double dissolution

Dissolution of both Houses together

The Governor-General has, in specific circumstances, the power to dissolve both the House of Representatives and the Senate simultaneously—a ‘double dissolution’—prior to elections for the full membership of both Houses.

A double dissolution may occur in situations where the Senate and House of Representatives are unable to agree over one or more pieces of legislation. There is a series of steps which must take place before a double dissolution is possible—these are outlined below.

Disagreement between the Houses over legislation

Proposed laws must be agreed to by both Houses of the Parliament. When the government does not have a majority in the Senate the situation frequently arises that the two Houses disagree over proposed legislation. In most such cases compromises are reached and amendments are made by one or the other House until the bill concerned is in a state acceptable to both. The Constitution provides the double dissolution mechanism as a means of breaking a deadlock between the Houses when such compromise is not achieved.

In effect the legislation may be put to the people, presenting the electorate with the opportunity to change the composition of the Senate following a full Senate election. There is also of course the possibility of a change in the composition of the House—the deadlock may be broken in either direction.

Continued disagreement—joint sitting

If the disagreement between the Houses continues following a double dissolution and elections for both Houses, the Governor-General may convene a joint sitting of the Senate and the House of Representatives to enable the members of both Houses to vote together to resolve the matter. Because of the larger membership of the House of Representatives a joint sitting is likely to give a majority in the House the opportunity to more than balance the resistance of a majority in the Senate.

Results of double dissolutions

There have been six double dissolutions:

• 1914—the deadlock was broken by the Government losing its majority in the House.

• 1951—the deadlock was broken by the Government gaining a majority in both Houses; the legislation was reintroduced and passed by both Houses.

• 1974—the Government was returned but the disagreement between the Houses continued, resulting in a joint sitting at which the bills concerned were passed.

• 1975—the Government advising the dissolution was returned but the bills concerned were not reintroduced in the new Parliament. Unique circumstances applied in 1975—the bills providing the technical grounds for the double dissolution were not those of the ‘caretaker’ Government seeking the dissolution, but those of the previous Government just dismissed by the Governor-General.

• 1983—the deadlock was broken by the Government losing its majority in the House.

• 1987—the Government was returned; the bill concerned was reintroduced and again passed by the House but ultimately not proceeded with.

The steps leading to a double dissolution and joint sitting

Section 57 sets out the steps for resolving a disagreement involving a proposed law originating in the House. The procedure does not apply to a bill originating in the Senate.

Double dissolution

1. The House of Representatives passes a bill and sends it to the Senate.
   

2. The Senate rejects the bill, or fails to pass it, or passes it with amendments to which the House of Representatives will not agree.
   

The term ‘fails to pass’ has not been strictly defined and would be interpreted according to the circumstances at the time. The High Court has stated that a ‘reasonable time’ must be allowed.

3. After an interval of three months (but in the same or the next session of Parliament), the House of Representatives passes the bill a second time and sends it to the Senate again. The bill reintroduced must be the original bill, except that it may be modified by amendments made, requested or agreed to by the Senate.

A new session starts after a prorogation (temporary suspension) or dissolution. In recent times it has been the practice for Parliaments to consist of one session only.

4. The Senate again rejects the bill, or fails to pass it, or passes it with amendments to which the House of Representatives will not agree.
   

5. The Prime Minister may now advise the Governor-General to dissolve both Houses.

Once the preceding conditions have occurred, whether and when to advise a double dissolution is a matter for the Prime Minister. There is no constitutional necessity to do so, or to do so within any period of time.

However, a double dissolution cannot occur within six months of the end of a three year term of the House of Representatives.

6. Elections are held for both Houses.

Joint sitting

1. In the new Parliament the House of Representatives passes the bill again and sends it to the Senate. The bill may be reintroduced with or without amendments made, requested or agreed to by the Senate.

There is no constitutional necessity to reintroduce a bill that was the cause of the double dissolution.

2. The Senate again rejects the bill, or fails to pass it, or passes it with amendments to which the House of Representatives will not agree.
   
   
3. The Prime Minister may now advise the Governor-General to convene a joint sitting of the members of both Houses.
   
   
4. The joint sitting votes on the bill as last proposed by the House of Representatives and on any amendments made by one House and not agreed to by the other. To be passed, amendments and the bill (as and if so amended) must be agreed to by an absolute majority—i.e. more than half of the total number of the members of both Houses.

Double Dissolution and Joint Sitting — Outline

Suggestions for further reading

House of Representatives Practice, 3rd edn. AGPS, Canberra, 1997. pp 46–68.

Australian Senate Practice, 8th edn. AGPS, Canberra, 1997. pp 74–112.

Last updated: September 1998

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