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Title

Ch7 The parliamentary calendar / A SESSION / Prorogation / Effects of prorogation

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

The parliamentary calendar

Chapter No.

Chapter 07

Page

226

Section No.

 

System Id

procedural/practcer/chapter07.25.doc


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Ch7 The parliamentary calendar / A SESSION / Prorogation / Effects of prorogation



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House of Representatives                                Ch 7                                                 p 226

 

The parliamentary calendar / A SESSION / Prorogation

 

Effects of prorogation

Prorogation of the Parliament has the following effects on the House of Representatives: 1

  • All proceedings come to an end—that is, all business on the Notice Paper lapses. 2 Provision exists for the resumption in a new session, under certain conditions, of proceedings on bills which lapse by reason of prorogation. 3

  • Any sessional orders cease to have effect.

  • Resolutions or orders of the House cease to have any force unless they are deemed to continue in a new session by virtue of being passed as standing orders or pursuant to statute, or unless there are explicit provisions to give them continuing force, or unless it is implicitly understood that they are to have ongoing effect.

  • The House may not meet until the date nominated in the proclamation.

  • Bills agreed to by both Houses during a session are in practice assented to prior to the signing of the prorogation proclamation. However, bills have been assented to after Parliament has been prorogued. 4

  • The procedure in relation to a notice of motion for the disallowance of a regulation applies to prorogation as to dissolution ( see p. 221).

  • Committees of the House and joint committees appointed by standing order or by resolution for the life of the Parliament continue in existence but may not meet and transact business following prorogation. Committees whose tenure is on a sessional basis cease to exist. Statutory committees continue in existence and may meet and transact business if, as is the normal practice, the Act under which they are appointed so provides. The Senate has taken a different approach to that of the House in relation to the effect of prorogation on its committees, and Senate standing orders and resolutions of appointment give most Senate committees the power to meet during recess. 5 The effect of prorogation on committees is discussed in more detail in the Chapter on ‘Parliamentary committees’.

    • Writs for the election of Members to fill vacancies may be issued by the Speaker, and a Member may resign his or her seat to the Speaker during a recess in accordance with the Constitution. The Speaker continues to hold all the powers and authority possessed by virtue of the office.

    It has been accepted that prorogation of the Parliament prevents either House from meeting. Odgers cites Professor Howard’s view that the Senate could in fact meet to transact its own business. However, the Senate has not done this nor asserted its right to do so. 6 The practice of proroguing the Parliament immediately prior to dissolution of the House has been said to be aimed at removing the possibility of the Senate sitting following the dissolution of the House. 7 At the conclusion of the 40th Parliament Prime Minister Howard indicated that the timing of the prorogation and dissolution (announced on 29 August for 31 August) was to allow the Senate to sit in the intervening period. 8



    And see Chs. on ‘Parliamentary privilege’ in respect of freedom from arrest in civil matters and ‘Motions’ in respect to resolutions and orders of the House.



    Business lapsed at prorogation or dissolution is published in the bound volumes of Votes and Proceedings, e.g. VP 1998-2001/2702-26.



    S.O. 174. See Ch. on ‘Legislation’.



    The 4th Parliament having been prorogued on 29 November 1910, 11 Bills were assented to on 1 December 1910, VP 1910/261-3. The view has been taken by the Solicitor-General that bills can be assented to after prorogation (Opinion No. 3 of 1952, dated 23 May 1952, also Opinion dated 9 October 1984 referred to at p. 221). This view has since been upheld by the High Court, Attorney General (WA) v. Marquet [2003] HCA 67.



    Odgers , 11th edn, pp. 501-2.



    Odgers , 11th edn, pp. 151, 501.



    See Denis O’Brien, ‘Federal elections—the strange case of the two proclamations’, Public Law Review , June 1993, v.4 (2) : 81-83.



    See Transcript of Prime Minister’s press conference at Parliament House, 29 August 2004, and S. Deb. (30.8.2004). The delay enabled the establishment of a foreshadowed Senate select committee to inquire into certain matters involving the Prime Minister, which held a public hearing after the prorogation. The House did not sit again before dissolution.