roles + powers of the opposition

the opposition

largest non-govt party in lower house

seen as alt govt

primary role is to scrutinise + hold govt accountable, accomplished through

• using parliamentary procedures + tactics

• using extra parliamentary strategies (e.g. media)

• working with pressure groups or other orgs to challenge govt

structure of the opposition

leader of the opposition

deputy leader of the opposition

shadow cabinet/ministry

leader of the opposition

chief spokesperson for part inside + outside of prlt

leads shadow cabinet

selects opposition MHRs + Senators to be shadow ministers

chairs weekly meetings to discuss policies + examine bills

presents alt policies to those of govt

sits opposite PM in HoR

shadow cabinet/ministers

leading decision making group in the opposition

composed of senior opposition ministers who directly oppose/mirror corresponding ministers of govt

each shadow minister acts as Opposition spokesperson for responsibilities of 1/more minister’s area of admin

meet + listen to stakeholders in their policy areas

sit at front bench

private members

all MPs who are not in govt ministry

incl

• shadow ministry + leader of opposition

• opposition backbenchers

• govt backbenchers

• independents + minor party MPs

only MPs can be members of parliamentary committees

holding the govt accountable

opposition empowers prlts responsibility role through WCs of IMR + CMR as well as other tactics

must scrutinise + question govt and demand its accountability to prlt + the people

parliamentary procedures used by the opposition to hold govt accountable (6)

1. question time

2. motion of no confidence + censure

3. debate

4. calling for a quorum

5. refusing pairs

6. calling for divisions

can take place in both HoR + senate

question time

where any PM can ask qs of the ministers

occurs every sitting day

qs on notice

• complex + require research/advice before minister can provide an answer

• minister will seek info, usually from their govt department

• answered @ later date in writing

• no set time limit but if on House Notice Paper > 60 days (HoR) or > 30 days (Senate) speaker/president can inquire

qs without notice

• more simple

• if minister cannot reply verbally → embarrassing for govt

minister must answer truthfully (WC of IMR), theoretically must resign

govt MPs may ask useful qs (Dorothy DIxers) → take up time + diminish responsibility role of prlt

more effective in Senate as less dominated by govt MPs → less DDs

moving censure motions or motions of no confidence

motion

• procedure that enables prlt to vote on matters by triggering parliamentary vote

• often debated before a vote

• provides opportunities for Opp to criticise govt

censure motions + motions of no confidence

• parliamentary procedures by which the Opp either expresses disapproval of specific action by a member of exec OR expresses prlts loss of confidence in the whole ministry

• holds govt answerable + responsible to prlt

• takes precedence over any other business for the sitting

• usually ineffective but moved to highlight ministerial incompetence, corruption or to embarrass govt

• e.g. 2015 Senate censure of Cab minister George Brandis

debate

used by Opp to speak against/embarrass govt

govt often uses EDiLH to amend Standing Orders and restrict debate

debate within parliamentary committees is more effective as partisanship is less prevalent → Opp can debate effectively

Senate committees are more effective as less dominated by governing party

calling for a quorum in the HoR

quorum

• minimum number of MPs required for a valid vote in the HoR

• Standing Order 11 states 1/5th of total MPs

Opp can frustrate govt by requesting whether a quorum is present "(“state of the house”)

leads to procedural delays → interrupts govt businesses

if < 30 MPs prlt is suspended for 4mins to summon MPs to chamber

refusing pairs

pairs

• convention which allows house/govt to operate even if govt party members are absent (govt may not have a maj)

• Opp member is paired w absent backbencher/minister + must abstain from voting → conserves balance

Opp may refuse + force govt to summon MPs back to prlt

only useful if govt has small majority or is a minor govt

calling for division

2 methods used to vote on motions

voting on the voices

• MPs say “aye” or “no”

• informal + quick, used when little doubt about outcome

divisions

• MPs leave seats and move to the right or left of Speaker

• formal + counted by party Whips to be recorded by Clerk

• time consuming + delays govt business

• idnetifies which MPs voted yes or no → keeps them accountable to their constituents + can be used against them in an election campaign

being a viable alternative govt

Opp must be ready to assume position of govt @ any time

3 scenarios

• govt may fall during term after losing confidence of the lower house and the Opp can then command the HoR’s confidence

• Opp wins a majority in a DD election

• Opp wins a majority after a general election

e.g. Fadden Govt 1941

• minority govt

• 2 independents originally with Fadden Govt crossed the floor

• led to Jonh Curtin’s ALP to have a majority → able to form govt

requires Opp to be a genuine contender @ elections + appear competent AND have policies that clearly set out their plan + vision

factors effecting Opp success (3)

1. impartiality of the Speaker

2. access to resources

3. govt control of the HoR

impartiality of the speaker

the speaker

• MP from the lower house

• elected by MPs under Standing Order 11

• presiding officer (almost referee) of the HoR

• has role to uphold Standing Orders + ensure proper conduct of MPs

must be impartial

chosen by govt, usually from govt party → Opp runs candidates against them in elections

impartiality depends largely on speaker’s character

access to resources

lack of resources limits Opp effectiveness

resources incl

• expert advice

• knowledge of workings of govt

• administrative power of Aus public service

lack of resources result in

• difficulties in holding govt to account

• a more erroneous Opp → seen as incompetent + unfit to govern

ALP extra-parliamentary benefit organisations

• connections with trade unions → more staffing and financial resources

• e.g. ACTU ran “Change the Rules” parrallel to ALP election campaign in 2019

Liberals often lack financial resources + benefits → rely heavily on parliamentary members

govt control of HoR

size of majority influences control govt has over HoR → extent to which Opp can scrutinise

overcoming limitations of Opp (2)

1. third party research

2. reforms

third party research

can use accounting firms, think tanks, academic research centres etc to overcome limitations brought about by lack of resources

CRC (Chifley Research Centre)

• official TT of ALP

• provides research, reports + advice on issues

IPA (Institute of Public Affairs)

• provides research supporting Liberal policy objectives

• critiques progressive ALP policy

reforms

improve govt accountability

most proposals stall as only govt can implement reforms but this is not in their best interests

e.g. Charter of Budget Honesty (1998)

• Howard Govt

• requires govt to abide by financial management principles

• treasurer must report to prlt 3 times a year → gives Opp opportunity to scrutinise govt