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The next Australian federal election will elect members of the 45th Parliament of Australia. The election will be called following the dissolution or expiry of the 44th Parliament.
Elections in Australia use a full-preference instant-runoff voting system in single member seats for the lower house, the House of Representatives, and single transferable vote group voting tickets in the proportionally represented upper house, the Senate. Voting is compulsory.
By Westminster convention, but subject to Constitutional constraints, the decision as to the type of election and date on which an election is to take place is that of the Prime Minister, who ‘advises’ the Governor-General to set the process in motion by dissolving the House of Representatives and then issuing writs for election.
Contents
Election date
Section 13 of the Constitution of Australia requires that in half-Senate elections the election of State senators must take place within one year before the places become vacant. As the terms of half the senators end on 30 June 2017, the writs for a half-Senate election cannot be issued earlier than 1 July 2016, and the earliest possible date for a simultaneous House/half-Senate election is 6 August 2016.[1] While there is no constitutional requirement for simultaneous elections for the Senate and the House of Representatives, both the government and electorate have long preferred for Senate elections to take place simultaneously with those of the House of Representatives. Nonetheless, half-Senate elections only have taken place in the past.
A House-only election can be called at any time during the parliamentary term. Whether held simultaneously with an election for the Senate or separately, an election for the House of Representatives must be held on or before 14 January 2017,[1] which is calculated under provisions of the Constitution and the Commonwealth Electoral Act 1918 (CEA). Section 28 of the Constitution provides that the term of a House of Representatives expires three years from the first sitting of the House. The last federal election was held on 7 September 2013, and the 44th Parliament of Australia opened on 12 November 2013,[2] and its term would expire on 11 November 2016.[3] Writs for election can be issued up to ten days after a dissolution or expiry of the House.[4] Up to 27 days can be allowed for nominations,[5] and the actual election can be set for a maximum of 31 days after close of nominations,[6] resulting in the latest election date of Saturday, 14 January 2017.
A double dissolution cannot take place within six months before the date of the expiry of the House of Representatives.[7] That means a double dissolution must be granted by 11 May 2016. Allowing for the same stages indicated above, the last possible date for a double dissolution election is 16 July 2016.[1]
Constitutional and legal provisions
The Constitutional and legal provisions which impact on the choice of election dates include:[8]
- Section 12 of the Constitution says: “The Governor of any State may cause writs to be issued for the election of Senators for that State”
- Section 13 of the Constitution provides that the election of Senators shall be held in the period of twelve months before the places become vacant.
- Section 28 of the Constitution says: “Every House of Representatives shall continue for three years from the first sitting of the House, and no longer, but may be sooner dissolved by the Governor-General.”[9] Since the 44th Parliament of Australia opened on 12 November 2013, it will expire on 11 November 2016.[10]
- Section 32 of the Constitution says: “The writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.” Ten days after 11 November 2016 is 21 November 2016.
- Section 156 (1) of the CEA says: “The date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ”.[11] Twenty-seven days after 21 November 2016 is 18 December 2016.
- Section 157 of the CEA says: “The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination”. [12] Thirty-one days after 18 December 2016 is 18 January 2017, a Wednesday.
- Section 158 of the CEA says: “The day fixed for the polling shall be a Saturday”.[13] The Saturday before 18 January 2017 is 14 January 2017. This is therefore the latest possible date for the election. However, it is unlikely that the election would be held this late, as schools would be closed for summer holidays at this time. Governments tend to avoid holding elections during school holidays, since schools are often used as polling places.[14]