The Accountability of the Cwth Parliament

understanding the various ways Cwth is held acc

what does accountability mean

to hold someone responsible for one’s conduct, decisions or actions.

->feature of responsible parliamentary government

Explain briefly how Cwth is held acc through elections for the HoR and Senate

An election is a procedure allowing citizens to hold elected officials to account for their previous term in office.
- most potent means for acc in a representative democracy

define electoral accountability in theory

In theory, parl is accountable for its responsibility, legislating, representative and debate function. HoR is acc for representing the people and the Senate acc for representing states.

Explain how electoral accountability functions in practice

Today,

• when electors vote, they tend to consider performance of parties rather than parliamentarians.

• However, some independents in HoR have a direct personal connection to electors and some cross bench senators have high profiles because of BoP. This leads electors to know who they’re voting for an make choices based on individuals

Party focus over individual performance

when electors vote, they tend to consider performance of parties rather than parliamentarians. e.g In the 2025 election, many labour candidates like Patrick Gorman (Perth) won by large margins despite being a relatively unknown candidate, as many voted for the Labour’s platform.
- can reduce individual acc as electors support political parties rather than scrutinising the representative’s performance.

With independents and senate crossbenchers, electors make choices based on individual

• However, some independents in HoR have a direct personal connection to electors and some cross bench senators have high profiles because of BoP. This leads electors to know who they’re voting for an make choices based on individual. e.g in 2025, Kate Chaney was re-elected as a teal independent because of her climate change campaigns.

• shows strong acc as indepedents’ success depends on maintaining direct support from constituents rather than party affiliation

define the electoral accountability of the HoR

Members of HoR are elected for 3 year terms using the preferential voting system, that is a single member electorate and majoritarian electoral system.

list how HoR elections keep parl accountable

1. single member electorate system

2. however, the majoritarian electoral system can skews results

explain the electoral acc of the single member electorate system

• system where voters choose one rep for their electorate. It allows voters to readily identify their local Mp and asses their performance continually every 3 years. e.g in the 2025 election, despite being Opp leader, Peter Dutton lost his seat at a general election.
  = allows constituents to directly hold individuals acc.

explain the electoral acc of the majoritarian electoral system

-system amplifies a small majority of votes into a large majority of the seats in parl, creating a winner’s bonus. in the 2025 election, despite only securing 34.56% of the primary vote, due to preference flows and winner’s bonus the Labour secured 94/150 seats.
=system can skew results and voters who want to hold govt acc are underrepresented in parl.

Define the electoral accountability of the Senate

• While it is House of the States, in practice it is rarely acc for representing states

• Senators are elected for a 6 yr term using the Proportional representation system which is a multi-member electorate system that provides equal representation

list how Senate elections keep parl. accountable

1. multi-member electorate system reduces individual acc

2. equal state representation leads to malapportionment

3. complexity of PR leads to many voting above the line

Explain the electoral acc of the multi-member electorate system

• Each state elects 12 senators for each electorate.
  During the 2025 Federal election, in WA, electors elected 12 senators, including candidates from Labour, Liberal, the Greens and One Nation.
  
  =weakens electoral accountability as its harder to identify and punish a particular senator for poor representation

explain the complexity of the PR system

• PR is complex. 90% of electors vote above the line and surrender the choice of individual candidates to parties they vote for

Explain the electoral acc of equal state representation

s7 requires Senate to represent the states equally

• equal representation contravenes one vote, one value causing malapportionment
  e.g NSW and VIC combined contain 57% of Aus electors however only 31.5% of the Senate seat.
  →a senator from a smaller states is accountable to less electors than more populated states, weakening equal electoral accountability
  
  

difference between elec acc in HoR and Senate

Mps in HoR are more acc than Senators because…
- HoR’s single member electorate system focus on individuals
Senate’s
- multimember system does not enable sharp focus
-often, acc is directed towards party rather than individual senators

explain the elec acc of marginal seat campaigns

• electorates can be safe or marginal depending on the size of the swing needed to unseat a sitting MP

• Because targeting a sitting MP in a marginal electorate at an election is likely to be more successful, the PM and Opp leader will spend more time and resources in these electorates. In response, to defend their vulnerable MP, the party at risk must remain acc to their marginal electorates.

explain the electoral acc of the sitting member last campaigns

an electoral campaign strategy to unseat a sitting member, by directing electors to place the sitting member last on their ballot paper using how to vote cards

• used by micro-parties to hold MPs responsible for the laws or policies they oppose

List the 3 special standing committees focused on MP acc

• Standing Committee of Privileges and Member interests (HoR)

• Senate Standing Committee of Privileges

• Senate Standing Committee of Senator’s interests

List how Committees keep parl accountable

1. privilege committees prevent the breach of privilege

2. interest committees prevent conflict of interest

Parliamentary privilege

Mps have parliamentary privilege, an exemption from judicial acc for statements made in parl or in committees.

Electoral accountability of privileges committees

A parliamentary committee formed in each house of parl which holds MPs to account for their conduct and use of parliamentary privilege.

• develops codes of conduct,

• investigate + sanction members for breach of the code of conduct
  —effectiveness is limited as they are composed of Mps, making it lack impartiality.

codes of conduct

set standards for how mps should act

Electoral acc of Members’ and Senators Interests

• interest committees make members’ financial interests transparent
  Standing Committee of Privileges and Member interests oversees the Register of Members' Interests, while the Senate Committee of Senators' Interests oversees the Register of Senators' Interests.

• they prevent a conflict of interest by investigating any members whose private interests may conflict with their public duties
  + increases transparency in the representative function
  - committees rely heavily on self disclosure

Accountability through parliamentary procedures and processes

s50 gives the houses of parl the power to make its own rules and orders in relation to

-parliamentary procedures
-parliamentary process

define parliamentary procedure

rules, relating to how each house arranges the order and conduct of its business and proceedings

define parliamentary process

relate to the actions taken to achieve parliamentary procedures

list how parl is held acc through parl procedures and processes

1. standing orders

2. presiding officers

3. order of business

4. parliamentary committee

how is acc held through Standing Orders

rules that govern procedures and processes for each chamber and its committee

• each house codifies its procedures in its Standing Orders. processes are applied according to it by Mps.

• pos: empowers officers to uphold rules

• neg: can be suspended by a majority vote using exec. dominance. S.O are less influenced in the Senate as govt doesnt often have majority

the electoral acc of the Speaker of the House and President of the Senate

presiding officers that uphold the Standing Orders in their chamber .

• in theory, they are impartial even as Mps

• during heated debates, MPs can draw attention to a ‘point of order’ requiring the presiding officer to interpret S.O and restore order

• If Mps contempt S.O rulings of the officers, they may be ordered from the chamber for a period of time.

Procedural digest

• Each week/fortnight, the HoR publishes a procedural digest containing the rulings of the speaker. including new precedents or unusual situations. Mps are expected to reead to stay informed.

electoral acc of the Order of business

procedures that ensure time is allocated to each of its functions

• Agendas, in the form of chamber documents govern each sitting day through scheduling parl’s business

+ gives members opportunities to debate and move motions

Accountability of Parliamentary committee

a small specialised subset of private members of parl with a specific area of parliament work to focus on.
e.g The Senate Economics Legislation Committee examined aspects of the 2026 Federal Budget, including proposed changes to negative gearing and the CGT discount.

• increases acc by ensuring parl uses is resources more efficiently.

weakness of committee to accountability of Parl.

• partisanship of private members dismiss concerns raised by experts.
  
  however committee processes can reduce the effect of partisanship
  e.g committees meet in closed sessions, without media, removing incentive for members to score political party points.

Define accountability of the Parl through judicial review

s71 vests judicial power in the HC and other federal courts. s73, 75 and 76 provide the HC jurisdiction to hold parl into acc.

list three ways the courts hold Parliament to account

how does Hc keep parl accountable

- reviews the constitutionality of legislation
-statutory interpretation
-Court of Disputed Returns

Describe how the HC reviews the constitutionality of legislation

• HC interprets Const in cases concerning leg and financial power

• When the HC declares the statute, ultra vires, meaning ‘beyond the powers’ of parliament, it is rendered invalid.
  =ensures acc for the parl’s legislative function.

provide an example of how the HC reviews the constitutionality of legislation

In Williams V Cwth (2014) , the HC ruled the funding of the National School Chaplaincy Program through the Financial Framework Legislation Amendment Act (No 3) 2012 (Cth) as ultra vires as it lacked a head of power
=HC’s review prevents the CWth from making laws using powers it had not been granted.

Define how HC keep parl acc through statutory interpretation

• Courts review statutes for clarity, intent and conflict with other statutes, reviewing the legislative role of parl

• court decision can alert parl to an inadequate statute causing it to amend, repeal or replace one
  
  

Outline how the HC can keep parl acc through the Court of Disputed Returns

the Court of Dispute Returns hears challenges concerning the election of Mps or their qualification to sit in Parl

• its decisions can eject a MP and deal with the causal vacancies resulted

Provide a contemporary example of how the review of the constitutionality of legislation held parl accountable

In NZYQ V Minister of Immigration (2023), the HC reviewed the constitutionality of the Migration Act 1958 and held that indefinite immigration detention was unconstitutional. It breached Ch 3 of the const. establishing a Separation of Powers , as indefinite detention, imposing punishment is an exclusive judicial function that can only be exercised by the courts.
= shows parl was held acc by preventing legislation from breaching SOP and exceeding const limits

Provide a contemporary example of how judicial statutory interpretation held parl accountable

Furthermore, in the NZYQ case, the HC interpreted s196 of the Migration Act 1958 and determined that the provision could not validly support indefinite detention where there was no realistic prospect of removal.
=exposed deficiencies in the legislation and prompted Parl to pass teh Migration Amendment Act 2023
-shows statutory interpretation can hold Parl acc by alerting need for legislative reform

List 3 examples of parliamentary procedures and briefly define them

1.Appointment of the Speakers and President - the order by which each House elects a presiding officer to maintain order and enforce S.O

2.Question time - period where any private members can ask ministers questions concerning their portfolio area

3.Order of Business- procedures that keep parl acc by ensuring time is allocated to each of its functions

List 3 examples of parliamentary processes and briefly define them

1. Parliamentary Committees- investigate issues, scrutinise legislation and report findings to Parliament.

2. Legislative Process -The series of stages through which a bill must pass before becoming law.

3. Scrutiny of government - ongoing examination of gov actions, policies and expenditure