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Parliament of Tasmania - House of Assembly

Private Members Time

Wednesday, 29 Nov, 2006

CONSTITUTION (FIXED TERM PARLIAMENT) AMENDMENT BILL 2006

(No. 45)

Mr WILL HODGMAN (Franklin - Leader of the Opposition - 2R) - Mr Deputy Speaker, I move -

That the bill be read the second time.

Fixed four-year terms are a feature of good governance throughout Australia. There are provisions for fixed four-year terms in Victoria, South Australia, New South Wales, the Northern Territory and the ACT. While legislation that provides for fixed four-year terms varies in its provisions - the key difference being fixing the date for elections into the future or fixing the date for the first three years with elections to be called any time in the fourth year - most States have now opted for genuine fixed four-year terms. This bill fixes and entrenches the date of every Tasmanian election for the House of Assembly as the third Saturday of March in every fourth year. It delivers on a commitment I made earlier this year in the address-in-reply to push for reform in this area.

The bill mirrors fixed-term legislation in other States. The date of the third Saturday in March is chosen specifically because it is closest to the date of the most recent Tasmanian House of Assembly election. It is also a date that does not conflict with local government or Legislative Council elections, or with the timely passage of the State Budget.

Constitutional amendments are typically entrenched by one of the following methods: special majority, two-thirds majority support, or referendum. Entrenchment ensures that future governments cannot easily alter legislation for political expediency. Special majority is a method of entrenchment that has been previously used in Tasmania, and is similarly used in this bill. Section 41A of the Constitution Act states that -

'The Assembly may not pass any bill to amend section 23 unless not less than two-thirds of its Members vote for passing the Bill.'

Thus, this bill entrenches section 23 so that any change to its provisions will require a two-thirds majority.

The entrenched provisions include the election date - the third Saturday in March every four years; dissolution of the House and the issuing of writs by Governor prior to the election date; the power of the Governor to defer the election day to a Saturday not more than 21 days after the day because the date coincides with Easter or a Commonwealth election; the date of the election, third Saturday in March in the fourth calendar year after the calendar year in which the last general election was held; and the prior dissolution of the House if a motion of no confidence in the Premier and other ministers is passed, or in the circumstances of the rejection of a money bill.

There are many advantages to fixed parliamentary terms. It is an easily understood concept that provides an environment for good government because it removes the capacity for incumbents to choose an election date for political purposes. It guarantees tenure of existing government for the implementation of policies. It provides certainty for parliamentary committees and allows for more effective planning of the parliamentary timetable. It facilitates better economic planning for the private and public sectors. It is generally supported by the business community and can reduce the number and cost of elections.

The concept of fixed parliamentary terms has previously enjoyed the support of all major parties in the Tasmanian Parliament. The Labor Party, both nationally and at State level has previously supported fixed parliamentary terms, and former Labor Prime Minister and Labor spiritual leader, Gough Whitlam, has said it is Labor policy. We therefore look forward to the Lennon Government's support for the bill. Mr Deputy Speaker, I commend the bill to the House.

 

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Will Hodgman was born on 20 April, 1969.

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