Joint Sitting, Australian parliament, 1974
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A joint sitting of the Australian parliament was convened in 1974, in which members of the Senate and House of Representatives sat together as a single legislative body. The joint sitting was held on 6 and 7 August 1974, following the double dissolution election of 18 May 1974, and remains the only time that members of both houses of the federal parliament have sat together as a single legislative body pursuant to section 57 of the Constitution.
This sitting deliberated and voted upon the following acts:
- Commonwealth Electoral Bill (No. 2) 1973;
- Senate (Representation of Territories) Bill 1973;
- Representation Bill 1973;
- Health Insurance Commission Bill 1973;
- Health Insurance Bill 1973; and
- Petroleum and Minerals Authority Bill 1973.
[edit] Political background
In early 1974, the conservative parties led by Billy Snedden had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the Bills twice, the Prime Minister was entitled to request a double dissolution under section 57 of the Constitution. Prime Minister Gough Whitlam did so, and, on 18 May, an election for both houses of parliament was held.
Campaigning for the Labor Party, Whitlam asked the electorate to let him "finish the job", using the slogan "Give Gough a Go". The Liberal and Country parties focused their campaign on government mismanagement and the state of the economy. The Labor Party was returned with a slightly reduced majority in the House of Representatives and, crucially, without the Senate majority it required to pass the legislation that had triggered the election.
Unable to pass the legislation, Whitlam sought a joint sitting from Governor-General Sir John Kerr. On 30 July, Kerr issued a proclamation granting the Prime Minister his request and convening the joint sitting.
The coalition parties sought to prevent the joint sitting by challenging the constitutional validity of the sitting in the High Court. The writs were issued by Senators Sir Magnus Cormack (Lib) and Jim Webster (CP) on 1 August. Queensland also brought an action although it sought a more narrow declaration. The court delivered a unanimous decision on 5 August (Cormack v Cope (1974) 131 CLR 432), and ruled that the sitting was constitutionally valid.
[edit] The Sitting
The joint sitting of all 187 parliamentarians was held over two days on 6 and 7 August. The event was covered by both radio and television. The House of Representatives chamber was chosen as the venue for the sitting. Explaining the choice Whitlam said it was "the people's House, the House where alone governments are made and unmade." [citation needed]
Whitlam further commented that "at long last, after sustained stonewalling and filibustering, the parliament can proceed to enact these essential parts of the government's program."[citation needed]. Snedden, on the other hand, was more cynical, stating "this is indeed an historic occasion. So many people have described it as such that one is convinced it must be."[citation needed]
Given the importance of the occasion, both sides of politics showed behaviour and restraint. The Coalition continued to oppose the legislation but the Labor majority in the House meant that all the legislation was able to easily pass. Voting split along party lines for all Bills: 96 ayes to 91 noes.
On 8 August 1974, the Governor-General gave Royal Assent to all the Bills.
[edit] Subsequent legal challenge
Thirteen months later, four State litigants, Victoria[1], New South Wales[2], Queensland[3] and Western Australia[4] took legal action against the Minister for Minerals and Energy Rex Connor, and the Commonwealth Government and successfully overturned the Petroleum and Minerals Authority Act 1973 on the grounds that correct constitutional procedure had not been followed, specifically that it had not been one of the 'proposed laws' in dispute when the double dissolution was called, and could not therefore be voted on by the joint session. Although the law remains on the statute books as No. 74 of 1973, it was invalidated by the ruling of the High Court
