I TT q
PRESS RELEASE NO. 22
The Prime Minister, Mr. Whitlam today released the text of his
correspondence with the Governor-General, Sir Paul Hasluck,
about the dissolution of the Twenty-Eighth Parliament on ThursdaZy.
Mr. Whitlam's letter to Sir Paul of April 10 road:
" I write, further to our discussions, to advise you that a situait. c
has arisen between the Senate and the House of Representatives
not only provides the conditions precedent to the exercise of th.
dissolution power vested by the Constitution in the Governo: r-Gen:
but also represents an unprecedented interference in the processes
of popular and democratic government through the. denial by the Se
to a Government elected in December 1972 the money it needs to cairr y
out its program.
In the view of the Government the situation now can be resolved o::,. ly
by a double dissolution of Parliament in accordance with the
provisions of Section 57 of the Constitution and an appeal to the.
electors of Australia.
The purpose of this letter, therefore, is to recommend that'you
exercise the power of the Governor-General under Section 57 and
dissolve simultaneously the Senate and the House of Representatives.
I now set out the grounds on which I make that recomruendation
The provisions of the Constitution for a double dissolution are sctout
in the first paragraph of Section 57 which reads
" 57. If the House of Representatives'passes any proposed
law, and the Senate rejects or fails to pass it, or passes
it with amendments to which the House of Representatives
will not agree, and if after an interval of three months
the House of Representatives, in the same or the next
session, again passes the proposed law with or without any..
amendments which have been made, suggested or agreed to by
the Senate, and the Senate rejects or fails to pass it, or
passes it with amendments to which the House of Representat" ive'
will not agree, the Governor-General may dissolve the Senate
and the House of Representatives simultaneously. But such
dissolution shall not take place within six months before the
date of the expiry of the House of Representatives by efflu::-':"
of time."
I submit that the record of the Senate since the Labor Government
took office in December 1972 is such that all the conditions
justifying a double dissolution have been established progressively
over a period of time.
In recent months the Senate has twice rejected, failed to pass
. or unacceptably amended several proposed laws which are integral
parts of the Government's program ofreform and development,
endorsed by a majority of electors on 2 Decem.; ber 1972.
The manner in which the Senate has dealt with these proposals
brings them directly within the provisions of Section 57 and
your power to dissolve both Houses.
The bills which brought these proposals before the Parliament are:
Commonwealth Electoral Bill ( No. 2) 1973
Senate ( Representation of Territories) Bill 1973
Representation Bill 1973
Health Insurance Commission Bill 1973
0 Health Insurance Bill 1973
Petroleum and Minerals Authority Bill 1973
The first three bills listed above provide for electoral reform,
an objective to which the Government is deeply committed, and which
it is pursuing also with the proposed referendum on democratic
elections. The Australian Labor Party's Platform on Constitutional matters
makes this clear. It proposes amendment to the Constitution:
" to ensure that the House of Representatives and each
State House of Parliament is composed of members
directly elected from electorates in each of which
the number of people is as nearly as practicable the
same."
The Platform also contains a plank to the effect that:
" The Northern Territory and the Australian Capital
Territory be represented by Senators with full voting
rights."
It is against this background that the three electoral bills were
introduced last year.
The Commonwealth Electoral Bill ( No. 1973 seeks to ensure that
electorates are more equal in population, and therefore more
democratic, by varying the permitted difference in enrolment from
the existing one-fifth to one-tenth. This is a matter that was
before the Parliament in 1971 when my colleague the Hon. F. M. Daly
introduced a private member's bill entitled " Commonwealth Electoral
Act 1971" on 1 April 1971. The then Government did not allow the
bill to proceed. S. 3/
The Senate ( Representation of Territories) Bill 1973 seeks to
Sestablish for the people of the Australian Capital Territory and
the Northern Territory the right, long-held by their fellow
citizens in the States, to representation in the Senate. The
proposal is that each Territory should have two Senators with
full voting rights.
The Representation Bill 1973 is a companion bill to the Senate.
( Representation of Territories) Bill 1973. It seeks to-amend the
Representation Act to exclude Territory Senators from the formula
for determining the number of members of the House of Represent. ativos
to represent the States.
These three bills have all twice failed to pass the Senate. Their
progress in the Parliament is su! oj. arised below and set out in I
detail at Attachment
Commonwealth Electoral Bill 2) 1973
passed by the House of Representatives on 4 April 1973
refused a second reading by the Senate on 17 May 1973
passed by the House of Representatives for the second
' time on 23 August 1973
refused a second reading by the Senate for the second
time on 29 August 1973.
Senate ( Representation of Territories) Bill 1973
passed by the House of Representatives on 30 May 1973
refused a second reading by the Senate on 7 June 1973
passed by the House of Representatives for the second
time on 27 September 1973
refused a second reading by the Senate for the second
time on 14 November 1973.
Representation Bill 1973
passed by the House of Representatives on 30 May 1973
refused a second reading by the Senate on 7 June 1973
passed by the House of Representatives for the second O i r
E 1 c r
I
r
j i
c-. L
. I il( I'
time on 27 September 1973
refused a second reading by the Senate for the second
time on 14 November 1973.
I submit to Your Excellency that the way in which these three.
proposed laws have been dealt with by the Houses passed by the
House of Representatives, failed to pass the Senate, again passed
by the House of Representatives after an interval of three months
in the same session and again failed to pass the Senate undoubtedly
bring them within the provisions of Section 57 of the Constitution.
Accordingly, a situation now exists in which Your Excellency has..
Power to dissolve the Senate and the House of Representatives
sinultaneously.. .4/
4k~
The two Health bills I have listed were treated in the sane-
The Health Insurance Commission Bill 1973 proposes the estabiJ. h t
of a statutory authority to plan and develop an orgonisationi t
administer the Government's health insurance program.
The Iiealth-Insurance Bill 1973 provides for payments for n. edical
benefits, hospital and other specific services.
These bills are designed to implement proposals contained in
Chapter XI of the Platform of the Australian Labor Party and
outlined in my election policy speech on 13 November 1972.
Their progress in the Parliament is summarised below; and set out
in detail at Attachment''
Heauth Insurance Commission Bill 1973
passed by Che House of Representatives on 11 December 1973
refused a second reading by the Senate on 13 December 1973
passed by the House of Representatives for the second time
on 4 April 1974
refused a second reading by the Senate for ' the second time
on 10 April 1974.
Health Insurance Bill 1973
passed by the House of Representatives on 11 December 1973
unacceptably amended by the Senate on 12 December 1973
passed by the House of Representatives for the second time
on 4 April 1974
refused a second reading by the Senate on 10 April 1974.
Heare again, a situation now exists in which Your Excellency has
power to dissolve the Senate and the House of Representatives
simultaneously. The Petroleum and Minerals Authority Bill 1973 to which I have
already referred also comes within the provisions of Section 57.
This bill seeks to empower the Authority to explore and develop
petroleum and mineral resources and assist in advancing the
Government's policy of promoting Australian ownership and controlof
our natural resources and resource industries. The creation of
an authority to achieve these purposes is foreshadowed in Chapter:..
VIII of the Platform.
Its progress in the Parliament is summarised below and
detail at Attachment set out in' r
5/
Petroleum and Minerals Authority Bi3. 1973
pissed by the House of Representatives on 12 December 1973
failed to pass the Senate on 13 December 1973
refused a second reading by the Senate on 2 April 1974
passed by. the House of Representatives for the second time
on S April 1974
refused a second reading by the Senate for the second time
on 10 April 1974 by means of an amendment ( Attachment
which in effect would defer the Bill for a period of 6 months.
These six proposed laws are all of importance to the Govenri. ment,
and on this basis I submit to Your Excellency that the
constitulional requirements for a double dissolution of Parliament
have been met.
wish, -in addition, to draw to your attention further evidence to
. shiow that the Senate has delayed and obstructed the program on the
Sb asis of which the Government was elected to office in December
1972.
. Of 254 bills put before the Parliament in the first session of the
twenty-eighth Parliament, twenty-one-have been rejected, s" tcod
aside or deferred by the Senate. Most of these embodied proposals
considerable importance and, in many cases, were put forward in
fulfilment of the Party Platform and of promises made to the electcrs
" in. my policy speech.
In addition to those bills which I have already identified as
,' providing a basis for a double dissolution, I set out in Attachment
a. summary of the handling in the two Houses of other measures
S: which have in one way or another been the subject of unreasonable
Siobstruction in the Senate.
. I.. summarise the main features of these measures below:
Conciliation and Arbitration Bill 1973
This bill is a significant attempt to transform industrial
relations in Australia and to ensure that policies and
procedures for handling labour relations were suitable for
tSh e current situation. The Government's objectives were
set down in-my policy speech.
i Compensation ( Commonwealth Employees) Bill 1973
' The purpose of this bill is to provide for improvements
in the legislation governing workers' compensation for
employees of the Australian Government and its authorities.
It accords with the Platform of the Australian Labor Party.
Superior Court of Australia Bill 1973
This bill would establish a new Federal Court, an institution
S first mooted by a previous Government more than a decade ago
Sand referred to in both your speech opening the Parliament on
S 27F ebruary 1973 and in Her Majesty's Speech on 28 February
S1974. It was foreshadowed in my policy speech.
S:.
-6-
In this connection I bring to Your Excellency's attention
the words of the then Attorney-General in the House of
Representatives when introducing the Commonwealth Superior
Court Bill 196 on 21 November 1968
Si " This Bill is the first step in putting into effect the
proposal, outlined by me in the House last year, to set
up a new Federal court, to be called the Corm;. ronwealth
Superior Court. Complementary ' legislation for the
Samendment of a number of Acts will also be necessary and
S will be introduced at a later time. The project is not
new. Since 1961, a very considerable amount of work ! h. as
been done, first by Sir Garfield Barwick as Attorney-General.
then by the present Minister for Immigration ( Mr. Snedden)
when. he was Attorney-General, and more recently by myself,
. on proposals for the establishment of a new court to relieve
i and forestall the pressures of the existing arrangements for
the exercise of the Federal jurisdiction. I pay tribute
Shere to the foundation work done by my predecessors. ou this
S. project."
Trade Practices Bill 1973 ( No. 2)
This bill proposes improved control of restrictive trade
practices and monopolies and protection of consumers. The
proposal was foreshadowed in my policy speech and in Chapter
V of the. Platform of the Australian Labor Party.
Constitution Alteration ( Inter-change of Powers) Bill 1974
' This bill is intended to facilitate an interchange of powers
between the Australian and State Governments as discussed and
agreed in principle with five of six heads of State Parliament
delegations to the Australian Constitutional Convention in
September 1973.
S The Australian Industry Development Corporation Bill 1973
.,. This bill would allow the Corporation access to increased
funds with the objectives outlined in my election policy and
the Platform of the Australian Labor Party; Chapter VIII.
It would facilitate our policy objective of increasing the
pp roportion of Australian ownership in important national
i ndustries.
National Investment Fund Bill 1973
This bill proposes establishment of a fund to be administered
by the Australian Industry Development Corporation which will
, provide the means of financing the new functions of the
Corporation.
'.. Two other measures which have been obstructed by the ' Senate are:
Lands Acquisition ( Australian Capital Territory) Bill. 1973
Seas and Submerged Lands ( Royalty on Minerals) Bill 1973
-7-
alzoo recall that Your Exceii-encv'h; ar acceptce6 t1hz&'.
1~ contained in my letter of 21. iarch 19, that14, using the 1 2r.
~/ provided for in oecftion 3-28 in the case oc' re--hoti. n Cx C
, Ioustes, folo;* inqproposed Constitution A: Ltec. rai: ii~ J .. UUs 2 i
to the people on 1P, I-lay because of their rejection b% 7 t1e*" Cc
Cons titution Al1teration ( Si5uTultarieous E-lcc. tions) 2
Constitution A] teratio-n* ( iodc ' of Altering -the Con: tituti
1974
Constitution AlteratCion ( IDe.' iiocratic Eicc,' ions) 10,71
Constitution Altcration ( Local Governjmnt LBodies) 1974
The attempts of the S~ nate to prevent theso ronosals V,-ng P
to the electors is further e-vi] e1nce ofJ dJ. ay orLt,, in a
part of tjhe Senate.
Secondly, I draw to Your Excellency's attcntion the paorition
upon imy Govern. cnrA by -the 0ppositioI iparties in fai1inzg
. Appropriation Bill ( No. 3) 1973-74
Appropriation Bill ( No. 4) 1973-74
Appropriation Bill ( No. 5) 1973-74
( For details of consideration by the House of Rpeet~ ie
and the Senate see Attachment
Briefly, the effects of the Opposition's decisions are that f~~
for the payment of salaries ( Appropriation Bill ( No. 3)
will be exhausted by the end of this month and that fund. r--for c~ c-rit.: in
capital works, payments to or for the State~ s and other p~~
including some elements of pensions anid like pay'ments, l
-to run short as early as the end of this month ( Appronprx t o a i312
( No. 4) 1973-74 and Appropriation Bill ( No. 5) ( 1973-74)
Appropriation Bill ( No. 3) was introduced into the Ihouse of
jRepresentatives by the Treasurer on 12 March 1974. The second
reading speech was delivered that day and debate tookr place on
19 March 1974. No indication was given by the Opposition parties;
that.. they would reject it in the Senate.
3 Appropriation Bill ( No. 4) 1973-74 and Appriation Bill ( No.
1973-74 were introduced into the House of Representativcs by the
Treasurer on 2 April 1974 and the second reading speech wa s
delivered on that day. When debate was resumed on 4 April 197,',
the Leader of the Oinosition, the Rt. Hion. 3.1-1. Sneciden, indical: cdl
that the Bills would be opposed in both the H-ouse of Representatives-0
and the Senate.
lie went on to say that if the Bills failed to pass both Houses
there must be a dissolution of the House of Representatives.
( House of Representatives Hansard, page 1048). Hle continued
" Then we w,. ould make appropriate arrangements for the
moneys to be made available after the Prime M1-inister has
announced a dissolution of this House..." ( Hansard, page
J-U~ q)
.1
I I draw to Your Excellency's attention my response on. b.. i: f of
the Government to this threat
" If the Senate rejects any money bill the first time
the Senate would have rejected a money bill in thi
history of our nation I shall certainly wait upon thl.-
Governor-General and I shall advise the Governor-Gn--o al
not merely to dissolve the House of Representative-:;, but
to dissolve the Senate as well.", ( Hansard, page 1.054).
SI took this course to impress upon the Parliament the ' seri'cu. ne
of the actions the Opposition were proposing.
They were not only without precedent, but in my view they go tothe
very lheart of the operation of our Parliamentary ssyste of
government. It is, I suggest, unthinkable that the Upper Hous e comprc: ing
SSenators elected six and a half and three and a half yci.::: s ago
Sshould seek, in respect of bills coming within the scope of
o Section 53 of the Constitution ( text attached), to impose its
will . on the Lower Icus. e, a House elected only sixteen months ago
and in which the Government, composing the majority, has not beer.
defeated in a division.
This afternoon Appropriation Bills Nos. 3, 4 and 5 were brought
on together in the Senate. The Opposition moved, that the, debate
be adjourned. When the Minister in charge of the bills ., moved
that debate be resumed at a later hour this day, the Leader of
the Opposition in the Senate moved an amendment . that the debte
should not be resumed " before the Government agrees to submit
*-itself to the judgement of the people at the same time as the
forthcoming Senate election". This ammedment was supported in.
the Senate by the Leaders of the Australian Country Party and the
' Australian Democratic Labor Party.
The Leader of the Government in the Senate then. stated
is clear that the Opposition is again, by this
' ridiculous and hypocritical device, endeavouring to
avoid voting on the measure itself.... To put an end
to it, I tell you that I intend to move that the question
be put, and if that question is not carried if it is
defeated"-the Government will treat that as a denial of''
supply.
The motion that the question be put was lost Ayes 26 Noes 31..:
I must, therefore, advise Your Excellency that the Senate has by.
its attitude brought about a position where the normal operations
of government cannot continue.
I would expect, however, that appropriate arrangements could be
concluded with the Opposition parties following a decision by you
on dissolution of the Parliament. 9/
4 -he iiiaters I have referred tthe Govc7rnrielnt, ': Ih a
, fanapproved kby a majority of electors, has bundelay, 2.: az:.
.,; s1trated by a S~ ic tC ViC.. ic piL C a IC Olfli Cxun i at.
variance with that elected at the latest poll.
* Ib ty tish e tiimhe~ theo) f situatSieonna t waas ndre stohlev aHdo uasne d o thise rscnaanie bes" 1) asseuicc
dissolved and nc-w elections called.
it is* appropriate tLhat, having regard to the ccnti_-)' nuin-g Xn". r a r; gE c
of the Senate, to w,. hich regretfully I can see no prospO., c. ts of
nnmprovecment in the foreseeable future, the whole of th:. e a,-1urtv :
* the House of Rre:-sta'tivo-_ s should no01w su b-1i4 hmcv toth
electors. Only in this way can the obstruction of the Senate in the fgac e of
the reform policies of my Gover-nment be dealt with.*
In my letter of M--arch I proposed that there be an election for
half of the Senate on 18 Mlay 1974. Your E;., tellcmcy agrccod with-
. thatL course and asked State Governors to take the necessary. st1eps.
* I shall propose, if Your Excellency accepts my recommendation that
tthhee red abtee oa n dwouhbiclhe deliesscotilountiso nf, o r tob omtha k. eH oluasietes r a an d retchoeim mfo_ r-refrnedlu'ation on
should be held.
This will avoid the further possible indonvenicnce to electors of ' a
later election, will permit the referendum proposals to be Put as
already detZEermined, and will of course result in the savin'g of
conside'rable public expoaznse..
Your Excellency will recall that the power of double dissolutioñ
under Section 57 of the Costitution has been exercised on two
previous occasions leading to elections on 5 September .1914 ayjd. t
28 April 1951.
In 1914 the -Ehen Prime Minister ( Mr. Joseph Cooh) was wor-; king witLb
an evenly divided House of Representatives and a Senate ' in which
the Opposition parties were in clear majority..
The grounds of his approach were basically that the Govornment wa s
unable to function because the Parliament had beco-1' e unworkable,
particularly through obstruction in the Senate. The Governor-GenerLal
accepted the point that a dissolution of the House only might well
* not resolve the political situation and that, a situation under.
Section 57. of the Constit-ution being in existence, a dissolution
Of both Houses should be ordered.
In 1951, the Prime Minister ( Mr. R. G. M. enzies) advised the Governor-
General that there was one Bill the Commr~ onwealth BanK Bill-
* which represented an important part of the Government's policy, and
had been rejected by the Senate in such a way as to bring Section 51
into operation..
lie mentioned that there had been difficulties with the Senate in
relation to other proposed laws and that this indicated a
continuing conflict between the two Houses. The Governor-General
accepted his advice and granted a dissolution of both Houses.
It is the Government's view that the present circumstances arc
analogous to those in which the earlier dissolutions were granted,
and that the range of obstruction of important policy measures is
probably wider than in 1914 and certainly wider . than in 1951.
On the question whether Section 57 of t ib Constitution is applicable
in respect of more than one proposed I am attaching a joint
opinion by the Attorney-General and the Solicitor-General ( Attachment
As Your Excellency will see, their advice is in the
affirmative. I shall be available to Your Excellency fpl discuss these matters
and any other aspects which you would widl\ to examine.
My recommendation to you is, however, I have said, that you
dissolve the Senate and the House of ARc-ptesentatives simultaneously,
with a view to holding elections for both Houses and conducting the
four referendums all on the same day."
The Governor-General's reply of April 11 read!
" I have carefully considered your letter of Apri., 10 and the
supporting documents concerning the situation which has arisen
between the Senate and the House of Representa'tives.
I have also kept in mind our discussions yesterdAy morning and
evening when you called on me at Government House.
It appears to me that the requirements of the firl1 paragraph of
Section 57 of the Constitution in respect of a dodble dissolution
have been satisfied with regard to the folloing proposed laws
Commonwealth Electoral Bill ( No. 2) 1Yi3
Senate ( Representation of Territories). Bill 1973
Representation Bill 1973
Health Insurance Commission Bill 1973
Health Insurance Bill 1973
Petroleum and Minerals Authority Bill 1973.
In reaching this view I have accepted the learned Opinion of the
Attorney-General on the requirements for the exercise of the
Governor-General's power under Section 57. and the Joint Opinion of
the Attorney-General and the Solicitor-Geheral on the question
whether Section 57 is applicable to more than one proposed law. 11/
-11-
As it is clear to me that grounds for granting a double dissolution
are provided by the Parliamentary history of the six Bills listed
above, it is not necessary for me to reach any judgment on the wider
case you have presented that the policies of the Government have
been obstructed by the Senate. It seems to me that this is a matter
for judgment by the electors.
Having received your assurance that adequate provision exists for
the carrying on of the Public Service in all its branches from now:
until the assembly of the new Parliament and that the electoral
machinery is in a condition to allow the holding of an early
election for both the Senate and the House of Representatives, T am
prepared forthwith to dissolve the Senate and House of Representatives
simultaneously under the provisions of Section 57 of the Constitution."