New Member of the House of Representatives
On 22 May 2023, the Speaker, Hon. Milton Dick, MP informed the Australian House of Representatives that on 18 May he had received a letter from Hon. Stuart Robert, MP (Liberal National Party of Queensland) resigning his seat as the Member for Fadden. The Speaker announced that the date of the by-election for Fadden would be 15 July. The seat was won by Mr Cameron Caldwell (Liberal National Party of Queensland). Labor candidate Ms Letitia Del Fabbro conceded defeat shortly before 8.00pm on the day of the poll. Mr Caldwell was sworn in on 31 July.
The electorate of Fadden was created in 1977 and consists of part of the Gold Coast City Council and part of the Redland City Council in Queensland. It was named in honour of Sir Arthur William Fadden, 1895 1973, Prime Minister of Australia (August October 1941) and a Member of the House of Representatives (1936–1958).
2023-2024 Budget Bills
On 9 May 2023, the Treasurer, Hon. Dr Jim Chalmers, MP (Australian Labor Party), introduced Appropriation Bill (No. 1) 2023 2024 (the Main Appropriation Bill) and gave the Budget speech. Following the Budget speech, Appropriation Bill (No. 2) 2023 2024 and Appropriation (Parliamentary Departments) Bill (No. 1) 2023-2024 were introduced by the Assistant Treasurer, Hon. Stephen Jones, MP (Australian Labor Party). The Budget reply was given by the Leader of the Opposition, Hon. Peter Dutton, MP (Liberal National Party of Queensland) on Thursday 11 May.
On 22 May 2023 the House agreed to a debate management motion relating to the Budget Bills. The Leader of the House, Hon. Tony Burke, MP (Australian Labor Party), acknowledged that it was customary to have more of the Budget debate take place in the House, but that due to debate on the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, contributions on the Budget Bills would take place principally in the Federation Chamber. The latter is an alternative venue to the Chamber of the House for a restricted range of business, primarily the Second Reading and consideration in detail stages of Bills, and resumptions of debate on motions moved in the House. The Federation Chamber operates in parallel to the Chamber of the House to allow two streams of business to be debated concurrently.
The resolution provided for a cognate debate for the Main Appropriation Bill and the two associated Budget Bills. During the Second Reading debate for the Main Appropriation Bill, the scope of discussion is usually very broad, because the Standing Order which applies the rule of relevancy to the question makes debate on the motion of the Second Reading for the Main Appropriation Bill one of the exceptions to its provisions, and allows ‘public affairs’ to be debated. However, this year, many Members’ contributions were focused on the Budget itself, with the cost of-living issue dominating the debate.
Members of the Australian Labor Party spoke about the Government’s Budget measures including the Cheaper Child Care scheme and the Energy Price Relief Plan (the Member for Lyons, Mr Brian Mitchell, MP); reducing the cost of medicines and strengthening the Medicare system (the Member for Hawke, Mr Sam Rae, MP); increases to the base rate for some social security payments including JobSeeker, Austudy and youth allowance (the Member for Blair, Hon. Shayne Neumann, MP); upgrades to social housing (the Member for Jagajaga, Ms Kate Thwaites, MP); measures to support women in the workplace, including in the early childhood and care sectors (the Member for Dunkley, Ms Peta Murphy, MP); investment in tertiary education (the Member for McEwen, Mr Rob Mitchell, MP); fee-free TAFE places, women’s health and wellbeing measures, and homelessness services (the Member for Pearce, Ms Tracey Roberts, MP) and more funding for veterans to access GPs (the Member for Burt, Hon. Matt Keogh, MP).
Members of the Opposition expressed concerns about inflation, small businesses and pharmacies (the Member for Forrest, Hon. Nola Marino, MP); access to healthcare and child care services in the regions (the Member for Mallee, Dr Anne Webster, MP); electricity prices, infrastructure investment and regional projects (the Member for Hinkler, Hon. Keith Pitt, MP and the Member for Flynn, Mr Colin Boyce, MP); struggling small businesses (the Member for Casey, Mr Aaron Violi, MP) and the biosecurity levy imposed on farmers and struggling families in the bush (the Member for Braddon, Mr Gavin Pearce, MP).
On the crossbench, the Member for Kooyong, Dr Monique Ryan, MP (Independent) said that she commended the Government for making some improvements to the healthcare system but urged it to consult experts about data collection to provide better healthcare. The Member for North Sydney, Ms Kylea Tink, MP (Independent) said that while some aspects of the Budget were welcomed, such as the boost given to Medicare, the Budget overall lacked ‘long-term structural reform and clear vision.’
The Second Reading debate concluded on 1 June 2023, with a total of 8 hours and 18 minutes of debate.
In accordance with the resolution, the Main Appropriation Bill was returned to the House from the Federation Chamber on 13 June 2023, and as the first item of government business, the question on the Second Reading was put and passed, and the Main Appropriation Bill was read a second time. The Bill then stood referred to the Federation Chamber, and consideration in detail commenced there later that afternoon. The resolution set the timetable for the consideration of portfolios and when each question ‘That the proposed expenditure be agreed to’ would be put. The proposed expenditures for each portfolio were considered in accordance with the timetable. The proposed expenditures were each agreed to and the final question, ‘That the Bill be agreed to’ was put and passed on 15 June. The two other Budget Bills were then read a second time and were ordered to be reported to the House without amendment. In the House later that afternoon, all three Bills were read a third time.
In the Senate, the particulars of the Budget Bills underwent scrutiny through the Senate Estimates process which was held between 22 May and 2 June 2023. The Budget Bills were introduced in the Senate on 16 June and the Second Reading on each was agreed to on 22 June. The Bills were read a third time on 22 June. They received royal assent on 28 June, ahead of their 1 July 2021 commencement date.
Launch of ‘Order, Order!’: A Biographical Dictionary of Speakers, Deputy Speakers and Clerks of the House of Representatives
The printed edition of ‘Order, Order!’: A Biographical Dictionary of Speakers, Deputy Speakers and Clerks of the House of Representatives was officially launched at Australia’s Parliament House on 19 June 2023. The project was a collaboration between the Australian Dictionary of Biography, ANU Press and the Department of the House of Representatives.
The Clerk of the House of Representatives, Ms Claressa Surtees, warmly welcomed those attending the launch: the Speaker of the House of Representatives, Hon Milton Dick, MP; Members of the 47th Parliament; six former Speakers (Professor Hon. Stephen Martin, Hon. David Hawker, Ms Anna Burke, Hon. Bronwyn Bishop, Hon. Tony Smith and Mr Andrew Wallace, MP); a former Deputy Speaker, Hon. Bruce Scott; a former Clerk of the House, Mr Bernard Wright, AO; a former Deputy Clerk of the House and key contributor to the project, Ms Catherine Cornish, and the family members of two former Clerks, Allan Tregear and Jack Pettifer.
Ms Surtees also welcomed collaborators from the Australian National University (ANU): Dr Stephen Wilks, the editor of the Dictionary, from the Research School of History; postgraduate researchers and staff from the Australian Dictionary of Biography and Research School of Social Sciences at the ANU, and some of the authors of the biographical entries in the Dictionary.
In his remarks, the Speaker, Hon. Milton Dick, MP, said that he was ‘truly humbled’ to be in the presence of the former Speakers gathered. The Speaker said that ‘central to civics education is making sure we have the resources available to learn the history of our democracy and institutions. We can learn a lot about our institutions by looking at the people who have dedicated their lives to serve them. So, by learning about our past Speakers, Deputy Speakers and Clerks we can understand and appreciate the contribution they’ve made in shaping the House of Representatives, its practice and procedures.’ The Speaker added that their stories ‘offer valuable insights into the way the Parliament has evolved and responded to the various challenges since Federation [which] include two World Wars, the Great Depression, the Constitutional Crisis of 1975 and more recently COVID-19.’
Former Clerk, Mr Wright, remarked that the publication was welcome because ‘the stories that it tells of 65 office holders are so interesting and informative.’ He added that, because ‘Members’ responsibilities for the nation’s present and for its future allow little time for public reflection on its own history [the book] is doubly welcome because it should encourage a little institutional reflection.’ Mr Wright said that the book would help future Speakers, Deputy Speakers and Clerks to see their work in a wider context.
In the final speech of the morning, the book’s editor, Dr Wilks, observed that outside the Australian War Memorial is a statue, erected only recently, of General Sir John Monash, the Australian military commander of the First World War, in civilian garb. He is brandishing not a weapon, but rather a book, and gazing purposefully towards Parliament. Dr Wilks said that the inscription on the statue is a quote from Monash himself: ‘The only hope for Australia is the ballot box and an educated public.’ These are two concepts, Dr Wilks said, to which he hopes ‘Order! Order!’ will make its own small contribution.
Find out more at: Biographical Dictionary of the House of Representatives – Parliament of Australia – https:// www.aph.gov.au/About_Parliament/House_of_ Representatives/Biographical_Dictionary
30th Governor of Victoria Announced
On 5 June 2023, the Premier of Victoria, Hon. Daniel Andrews, MP announced that eminent academic and President and Vice Chancellor of Monash University, Professor Margaret Gardner, AC, will be appointed as the 30th Governor of Victoria, with her five-year term as Governor to commence on 9 August.
The term of the 29th Governor, Her Excellency Honourable Linda Dessau, AC CVO, concluded on 30 June. In the interim period, the Lieutenant-Governor of Victoria, Professor James Angus, AO, has been administering the State of Victoria.
Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 proposes an alteration to the Constitution to recognise First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice to make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples.
The Bill was passed by an absolute majority of each House of the Parliament, thereby enabling the proposal to be submitted to the electors for approval in a referendum not less than two months and not more than six months after its passage, as provided for in section 128 of the Constitution.
This Bill was introduced on 30 March 2023 in the Australian House of Representatives by the Attorney-General, Hon. Mark Dreyfus, MP (Australian Labor Party). The Attorney-General told the House that the Bill was ‘a powerful marker of our respect for the First Nations peoples of Australia, their cultures and their elders past and present.’ He said that ‘Aboriginal and Torres Strait Islander peoples have occupied the Australian continent for over 60,000 years and represent the oldest continuous living cultures in human history. They have maintained a relationship with Australia’s land, waters and sky since time immemorial. Yet Aboriginal and Torres Strait Islander people are not recognised in our Constitution.’ He added that the Bill was the first formal step towards holding a referendum by the end of this year, and described the constitutional recognition as both ‘practical and substantive…and it is the form of constitutional recognition supported by the overwhelming majority of the Aboriginal and Torres Strait Islander delegates who…gathered to endorse the Uluru Statement from the Heart.’
The Attorney-General explained that, if approved at the referendum, the new Chapter IX in the Constitution would contain a new section 129. The introductory words, he said, recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia. The Attorney-General then outlined the proposed provisions of section 129:
Concluding his speech, the Attorney General said that ‘it is time to accept the generous invitation in the Uluru Statement from the Heart. It is time to listen.’
Debate on the Second Reading continued on 22 May 2023, shortly after the Deputy Chair of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum presented its advisory report, which noted that ‘the Committee is satisfied that the Bill is fit for purpose and meets the request expressed in the Uluru Statement from the Heart.’ During the week, the House agreed to suspend Standing Orders to facilitate an extended debate on the Bill; in total 118 Members contributed.
The Leader of the Opposition, Hon. Peter Dutton, MP (Liberal National Party of Queensland), argued that ‘changing our Constitution to enshrine a Voice will take our country backwards, not forwards. The Voice is regressive, not progressive, and it should be very clear to Australians by now that the Prime Minister is dividing our country, not uniting us.’ Mr Dutton told the House that ‘The Prime Minister refuses to provide even the most basic of detail on the Voice model. Details should come before the vote, not the vote before the details.’ Mr Dutton said that ‘Both of the major parties support seeing Aboriginal and Torres Strait Islander Australians recognised in the Constitution… but the Prime Minister is seeking to conflate constitutional recognition and enshrining the Voice…and wants to leverage the overwhelming public support for constitutional recognition to piggyback his poorly defined, untested and risk ridden Canberra Voice model.’ Concluding his remarks, Mr Dutton described the proposal as ‘risky, divisive, unknown and permanent change to our Constitution. And Australians will be asked to vote on a constitutional change that has not been fully scrutinised and is fundamentally uncertain.’
The Prime Minster, Hon. Anthony Albanese, MP (Australian Labor Party), during his contribution told the House ‘in the words of the Solicitor-General: section 129 is not just compatible with the system of representative government prescribed by the Constitution, but an enhancement of that system.’ He said these were ‘powerful words, backed up by people such as former Chief Justice French, former Justice Hayne, the leading academic on constitutional matters Professor Twomey and so many others.’
The Minister for Indigenous Australians, Hon. Linda Burney, MP (Australian Labor Party) told the House about some of the design principles developed by the Referendum Working Group: that ‘the Voice will give independent advice to the Parliament and the Government; be chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities; be representative of the Aboriginal and Torres Strait Islander communities; be gender balanced and include youth and, of course, people from the Torres Strait; be empowering, community led, inclusive, respectful and culturally informed; be accountable and transparent; work alongside existing organisations and traditional structures; not have a program delivery function; and not have a veto power over this Parliament.’
The Leader of the Nationals, Hon. David Littleproud, MP, said that ‘The Nationals believe that adding another layer of bureaucracy in Canberra will not genuinely close the gap for Aboriginal and Torres Strait Islander Australians.’ He said that ‘a core component that underpins our free, liberal, democratic society in Australia is the fundamental principle that every citizen is considered equal under the law. A constitutionally enshrined advisory body to Parliament based solely on a person’s race does not align with this.’
The Leader of the Greens, Mr Adam Bandt, MP, said that ‘the Greens want to see [the Voice] succeed not only because it is a key element of the Uluru statement but because failure will take us further away from truth and treaty.’
Others on the crossbench to express their views were the Member for Indi, Dr Helen Haines, MP (Independent) who said ‘I support the Voice because it is a considered proposal backed by cultural authority’ and the Member for Mayo, Ms Rebekah Sharkie, MP (Centre Alliance), who said ‘of course, to support the exercise of every Australian voter’s right to participate in this referendum, I will be supporting this Bill.’ The Member for Mackellar, Dr Sophie Scamps, MP (Independent) said ‘Our First Nations people are asking two things of us: to be recognised as first Australians and to be listened to. We have been repeatedly reassured by constitutional experts that there is nothing to fear from those simple requests.’
The Speaker put the question on the Second Reading on 31 May 2023; this was carried on division (120:25). In consideration in detail, two amendments moved by an Opposition Member were disagreed to. The House then divided on the question that the Bill be agreed to, which was carried (121:25). The House also divided on the question that the Bill be read a third time, which was carried by an absolute majority, as required under the Constitution (121:25).
The Bill was introduced in the Australian Senate on 13 June 2023. The Assistant Minister for Indigenous Australians, Senator Hon. Malarndirri McCarthy (Australian Labor Party) said ‘We may have what some in here may say is an imperfect road – you know: ‘Is there enough detail?’ ‘Don’t touch the Constitution. It’s too precious.’ ‘It’s too risky.’ All of these things I’ve heard as reasons for why we shouldn’t embark on this journey. But they still are not strong enough reasons to not try. We must try. We have to improve the lives for our people across the country, First Nations and all Australians. We will be a better country if we get this right.’ She told all Australians: ‘we need you…to say ‘yes’…and walk with us.’ She also urged First Nations Australians not to ‘give up’, saying ‘it’s hard walking in the Westminster system of Parliament. But it’s the only system we have to be able to try and influence in a better way.’
Senator Lidia Thorpe (Independent) said that her position on the Bill was ‘now as clear as the air before colonisation. This Bill is for a referendum that Labor and the Greens are using to absolve colonial Australia of its responsibility. They have presented it as a great solution to the stain on the nation that is the poverty and incarceration of First Nations people. The Voice, they have promised, will give First Nations a say, and, with that, all will be well with the Aborigines; the Aboriginal problem will be fixed. But the truth is: it is just constitutional recognition, with a powerless advisory body as window dressing.’ She said that ‘in the name of the black sovereign movement’ she would be voting no to the Bill.
Senator Jacinta Nampijinpa Price (Country Liberal Party) said that ‘through their Voice the Albanese Government seeks to constitutionally enshrine class division in our nation’s founding document.’ She also told the Senate that the Uluru statement ‘was the result of a closed process of activists and academics and signed by just 250 unelected people after just 12 regional consultations. So, 12 consultations with 1,200 hand-picked – invite only – unelected individuals who participated in the Uluru Dialogue. But there were 811,528 of us who were not invited to attend.’
Senator David Pocock (Independent) said that he was struck by the ‘generosity’ of Aboriginal and Torres Strait Islander people, who are ‘still welcoming people to their country after the brutal history of colonisation, knowing that we’re one of the only developed countries – if not the only one – without a treaty.’ He said that ‘there is a deep desire to see this referendum succeed in terms of what it will mean for our country’ and that constitutional change, together with practical action, was ‘a step on the road to reconciliation.’
The Leader of the Nationals in the Senate, Senator Hon. Bridget McKenzie said that she was ‘firmly committed to addressing disadvantage. I am a very respectful no, but a firm no nonetheless.’ She argued that the ‘implementation poses great risk to our democratic institutions, to the decisions of future governments and to national cohesion.’ She said that her concerns ‘are shared not just by constitutional experts but also by many Indigenous Australians who also do not want our founding document to be permanently divided along the lines of race and culture.’
The Bill was read a second time on 16 June 2023. During the Committee of the Whole debate, amendments moved by Senator Lidia Thorpe and Senator Hon. Richard Colbeck were disagreed to. On 19 June, the Bill was agreed to and the question on the Third Reading was agreed to by an absolute majority of the Senate, as required by the Constitution. The referendum must be held between mid-September and mid-December 2023, but the date has not yet been announced. Speaking at the Garma Festival in the Northern Territory, the Prime Minister said, in relation to timing, that he would keep the Top End’s wet season in mind.