It’s time for a debate on federal fixed terms

When prime minister Julia Gillard announced last month the nation would go to the polls on September 14, she made political history and caught the nation off guard. She also sparked renewed debate about whether the Australian federal government should move to fixed terms. This is an issue that the Australian…

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Julia Gillard’s early announcement of the election date has sparked a debate on fixed terms. AAP/Julian Smith

When prime minister Julia Gillard announced last month the nation would go to the polls on September 14, she made political history and caught the nation off guard. She also sparked renewed debate about whether the Australian federal government should move to fixed terms.

This is an issue that the Australian electorate need seriously consider, and one that former Victorian premier Steve Bracks has long supported. He introduced a fixed term to Victorian parliament in 2006, and says it should be extended to at the federal level.

“I support fixed four year terms for both state and federal governments around Australia,” Bracks told The Conversation.

“It is fair to all, provides certainty and enables governments to better able deliver on the program and policies they were elected to deliver.”

But is it that simple? And what would fixed terms actually look like? Let’s begin with the basics.

The situation as it stands

For reasons of history and political stability, members of the House of Representatives and the Senate each are elected using different systems of voting and for different lengths of time. Members of the house are elected for a maximum period of three years. This period, however, is flexible and the prime minister has the power to call an election at any time.

Steve Bracks says that federal parliament should implement fixed-terms elections. Flickr

Life in the Senate is different. Senators are elected for terms of six years, fixed from the date that they assume their seat, regardless of whether an early election is called.

Nationally, the Commonwealth is in the minority in retaining this structure. Although Tasmania and Queensland still have fully flexible lower house terms, each of the remaining states and territories have adopted fixed terms in upper and lower houses.

The international story is similar. The majority of Canadian provinces have fixed term electoral cycles. In Britain and New Zealand, political debate has so coloured perceptions, prime ministers in both countries have recently set election dates far in advance of what was required.

Out of whack

Back in Australia, a general election is typically held around every three years. Each election sees half of the Senate and the entire House of Representatives up for re-election, a system that keeps Senate and House elections roughly in sync.

But what happens after a number of early elections? Or in the case of a mid-term double dissolution election in which every seat in both houses is up for grabs? Clearly, the result would be a desynchronisation of the electoral cycles between the houses.

In this situation a government has two options: to hold a separate half senate election; or to hold an early general election. Typically governments are politically averse to the first and so the second is more likely.

Early polls

Why would a government risk a loss by heading to an early poll? There are at least three reasons, each revolving around the idea of electoral advantage.

First, a government travelling well in the polls may decide it’s better to risk its position when there is a good chance of being returned. In the process it earns itself another three years. This is what happened in 1998 when John Howard went to an election in October despite his term in office not expiring until March the next year.

Second, a government without control of the Senate may find it difficult to pass key aspects of its legislative agenda. In this instance it may call a double dissolution election.

However, governments are normally reluctant to take this path as it is seen as politically risky. In 2009, for example, Kevin Rudd decided not to hold a double dissolution election when emissions trading legislation failed to pass the Senate. By contrast, in 1987 Hawke utilised a double dissolution to exploit opposition disunity, winning his government a third term in office.

Finally, a government may call an election to bring Senate and House elections back into alignment. This may be done to avoid having to hold two federal elections in a single calendar year. This was part of Hawke’s rationale when, despite his government being barely 18 months old, he called an election for December 1984.

What all this means is that the Australian population head to the polls much more often than the nominal three years our system leads us to expect. In fact, since Federation, Australians have voted in a Commonwealth election on average about every 30 months. In the 25 years before the turn of the century, this had come down to a little over every 27 months.

The advantage of fixed terms

The first, and most obvious, advantage of a fixed term is that it removes the problem of short governments causing the desynchronisation of electoral cycles between the House and the Senate. Fixed terms do not, however, address the problem if this occurrence is due to calling of a double dissolution election.

Another advantage would be the significant reduction in electoral costs associated with the falling number of elections. Governments in fixed systems are much more likely to run full term. We can therefore expect to see the number of elections held per year to fall significantly.

A last, and particularly significant benefit, is removing the ability at a time of his or her choosing to call an election from the sitting prime minister. This prerogative is a substantial advantage of incumbency and allows a government to manipulate election dates for partisan ends. Its removal would be a significant win for the electorate.

Cross-party reform

Achieving this will not be easy. As Steve Bracks has noted, it will come down to bipartisanship.

“At a federal level a change to fixed four year terms requires a Constitutional change,” he said.

“To achieve this change through a majority vote and a majority of States, support of both major political parties is required.”

In the current political climate, this is unlikely, but not impossible.

On this evidence, there is strong case for thinking about the structure and length of our electoral cycle. Now that the Prime Minister has opened the debate, we as a nation would be foolish not to make sure it continues.

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8 Comments sorted by

  1. John Knox

    logged in via Facebook

    Currently, it is unusual for a government to have a single term of office. For this reason, may I suggest a fixed 5 year term. This would have a number of advantages over the current system or even a fixed 4 year term.
    Normally it takes about a year for a new government to "bed down". The third year in the current system is taken up with election speculation and electioneering, leaving a singular year for any work to be done - not a good return on investment.
    If we were to have fixed 5 year terms…

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    1. Tim Hamilton

      Doctoral Candidate in Sociology at La Trobe University

      In reply to John Knox

      I do think that four or five year fixed terms are worth considering although I'm yet to fully consider which of the two I favour, if any.

      I agree there is a strong argument that five year terms significantly increase the amount of time available for a government to govern effectively. There is, however, is a counter argument that suggests that by extending the term government's become less responsive to the people and therefore less democratic.

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  2. Ronald Ostrowski

    logged in via Facebook

    If the MSM and the current Opposition were mature enough in facilitating such a debate I am all for it. But given the pathetic and emmotive out pourings, and lack of knowledge demonstrated by the MSM (including Our ABC) as well as by the LNP when they put out there the issue of 'caretaker Government' before the writs were issued, then I say good luck with an adult and informed debate on this issue.

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  3. Fred Payne

    logged in via Facebook

    In the past I have been wary of fixed term parliaments - but given the instability of the last term I now think that it might help focus politicians minds on working toward the task of producing good legislation, instead of the constant attempts to disrupt the process and force an early election.
    Four year terms would significantly extend the time for governments to enact their programs without the creating the situation were we are Stuck with unpopular governments forever

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  4. Gavin Moodie

    logged in via LinkedIn

    I don't think it is correct that the prime minister has the power to call an election for the House of Representatives at any time. First, section 5 of the Constitution allocates this power to the Governor General. But more substantively, I understood that the Governor General exercised this power only when convinced that an election was either required by the Constitution or was desirable to secure good government, for example, because Parliament had become unworkable.

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    1. Tim Hamilton

      Doctoral Candidate in Sociology at La Trobe University

      In reply to Gavin Moodie

      While it may be technically correct that the constitution places the power to call (and to refuse to call) an election in the hands of the G-G, we need also consider the role of convention within our system.

      As it stands, convention is that the G-G acts on the advice of the prime minister of day in calling an election and is unlikely to refuse a request to dissolve Parliament unless the circumstances are extraordinary.

      An interesting thought experiment might be to consider what would have happened in 2010 if, after securing government, either Gillard or Abbott as PM had visited the G-G to request a further election in the name of stability. Is it likely the G-G would have refused?

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    2. Gavin Moodie

      logged in via LinkedIn

      In reply to Tim Hamilton

      The Governor General may have granted the Prime Minister an election soon after the 2010 election, but that wouldn't have been 'any time' but in in very specific circumstances. I suggest there is a further convention that the Governor General does not prorogue the Parliament unless convinced that an election is either required by the Constitution or is desirable to secure good government.

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  5. wilma western

    logged in via email @bigpond.com

    K Rudd stated at some stage that he was in favour of fixed 4 year terms for both the House of Reps and the Senate. Don't know whether that would mean 8 year senate terms or just 4 with the whole senate standing for re-election. The double dissolution option is a complicating issue as would be the situation if a govt lost the majority in the House of Reps.

    it has been reported that when the Rudd govt was contemplating a double dissolution over the ETS that Gillard urged a dd should happen promptly if that was the option preferred while others including Rudd couldn't decide till too late politically. Irrelevant now, but still interesting.

    However the need to get a referendum passed almost rules out the idea , but other PMs could follow Gillard's precedent and stick a to self-imposed ( or minority group imposed) full term.

    Note also that the Vic Upper House is now also elected using proportional representation .

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