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House of Representatives                                Ch 9                                                 p 320

Prime Minister and other Ministers

From time to time a specific motion of censure of or no confidence in a particular Minister or Ministers may be moved by the Opposition. The first case occurred in 1941, but the motion lapsed for the want of a seconder. ¹ Such motions have become comparatively frequent in recent years, ² often being directed at the Prime Minister. While the standing orders provide that a motion of censure of or no confidence in the Government may attract precedence over all other business if it is accepted by a Minister as a censure or no confidence motion, there is no similar provision in respect of a motion of censure of or no confidence in a Minister. Such a motion is therefore, at least in theory, treated in the same way as any other private Member’s motion, including the speech times applicable to an ordinary motion, although after such a notice of motion has been given, standing orders may be suspended to enable the motion to be moved immediately. ³ It is common for Members, instead of lodging notices of such motions, to move to suspend standing orders to enable them to be moved immediately, ⁴ or for the substantive motion to be moved by leave. ⁵ A motion of censure of a Minister has been initiated by government action—the Leader of the House moving to suspend so much of standing orders as would prevent a shadow minister being compelled to move a motion of censure of the Minister ‘in place of the innuendo and imputation he is attempting to make by means of questions without notice’. ⁶

A vote against the Prime Minister would have serious consequences for the Government. If the House expressed no confidence in the Prime Minister, convention would require that, having lost the support of the majority of the House of Representatives, the Ministry as a whole should resign, or alternatively the Prime Minister may advise a dissolution. The only occasion that a motion of censure of or no confidence in a Prime Minister has been successful was on 11 November 1975, when, following the dismissal of the Whitlam Government, a motion of no confidence in newly commissioned Prime Minister Fraser was agreed to. The terms of the motion also requested the Speaker to advise the Governor-General to call another Member, the former Prime Minister, to form a Government. The sitting was suspended to enable the Speaker to convey the resolution to the Governor-General, but did not resume as the House was dissolved by proclamation of the Governor-General. ⁷

No motion of censure of or no confidence in an individual Minister (other than the occasion mentioned in respect of the Prime Minister in 1975) has been successful in the House. The solidarity of the Ministry and the government party or parties will normally ensure that a Minister under attack will survive a censure motion in the House. The effect of carrying such a motion against a Minister may be inconclusive as far as the House is concerned, as any further action would be in the hands of the Prime Minister, but parliamentary pressure has caused the resignation or dismissal of Ministers on a number of occasions. ⁸

If a motion of no confidence in, or censure of, a Minister were successful and its grounds were directly related to government policy, the question of the Minister or the Government continuing to hold office would be one for the Prime Minister to decide. If the grounds related to the Minister’s administration of his or her department or fitness otherwise to hold ministerial office, the Government would not necessarily accept full responsibility for the matter, leaving the question of resignation to the particular Minister or to the Prime Minister.

A motion of lack of confidence in a Senate Minister has been moved in the House, and negatived. ⁹ Motions have been moved expressing no confidence in, or censure of, both the Prime Minister and another Minister. ¹⁰

VP 1940-43/105; and see VP 1913/46-7; VP 1978-80/1020-3.

Almost all censure motions.

E.g. VP 1987-89/461.

E.g. VP 1993-95/1964-7; VP 1998-2001/341.

E.g. VP 1993-95/1781-3; VP 1998-2001/581.

The resultant censure motion was amended to censure the shadow minister and agreed to, VP 2002-04/914.

For details of the events of 11.11.75 see Ch. on ‘Disagreements between the Houses’.

For a summary of cases see ‘Cessation of ministerial office’ in Ch. on ‘House, Government and Opposition’.

VP 1968-69/150-1.

VP 1978-80/133-6, 917.