Download Word

House of Representatives                                Ch 13                                                 p 473

The 1974 joint sitting

Only one such joint sitting has been held and this followed the 1974 double dissolution. When the 29th Parliament sat, following the double dissolution and election of 1974, the six proposed laws which were the subject of the double dissolution were again passed by the House of Representatives and again rejected by the Senate. ¹

Following the Senate rejection, the Governor-General, on the advice of the Government, issued a proclamation on 30 July 1974 which referred to the double dissolution, listed the six proposed laws in question and stated that, since the dissolution and election, the conditions upon which the Governor-General was empowered to convene a joint sitting had been fulfilled in respect of each of the proposed laws. The Governor-General by the proclamation convened a joint sitting commencing in the House of Representatives Chamber at 10.30 a.m. on 6 August 1974. The proclamation provided that Members ‘may deliberate and shall vote together upon each of the said proposed laws as last proposed by the House of Representatives’ and that all Members of the Senate and the House were ‘required to give their attendance accordingly’. ²

The Constitution provides for each House to make rules for the order and conduct of business either separately or jointly with the other House. ³ At the time ⁴ the standing orders of the Houses contained only two standing orders applying to a joint sitting, namely:

   II. The Members present at the joint sitting, under section 57 of the Constitution, shall appoint by ballot a Member to preside, and until such appointment the Clerk of the Senate shall act as chairman.

   III. The Member chosen to preside shall present to the Governor-General for the Royal Assent any proposed law duly passed at such joint sitting.

It was therefore necessary that special rules for the joint sitting be drawn up following discussions between the leaders and staff of the two Houses. These rules were adopted by both Houses on 1 August 1974. ⁵

Certain legislation touching on proceedings in Parliament was amended to cover the joint sitting. ⁶ The Evidence Act then in force was amended to provide for judicial notice to be taken of the official signature of the Member presiding at the joint sitting and for copies printed by the Government Printer of the formal record of proceedings to be admitted in court as evidence. ⁷ The Parliamentary Papers Act was amended to extend to the publication of the proceedings, or documents laid before the joint sitting, the same protection against actions for defamation or other legal proceedings as applied in ordinary sittings. ⁸ The Parliamentary Proceedings Broadcasting Act was amended to permit the broadcasting of the proceedings of the joint sitting. It enabled the Parliamentary Joint Committee on the Broadcasting of Parliamentary Proceedings to make determinations covering such broadcasts, and afforded the broadcasts the same protection as applied to normal parliamentary broadcasts. It also provided that the proceedings could be telecast direct to air or recorded for telecasting at a later time. ⁹

The Joint Committee on the Broadcasting of Parliamentary Proceedings made a number of determinations under the amending Act. These included requirements that the Australian Broadcasting Corporation make a complete colour video tape and sound recording of the joint sitting, that ABC stations which normally broadcast Parliament should broadcast the joint sitting, that live telecasts be carried by the ABC at certain times (over five hours in total each day) on 6 and 7 August 1974 and that a one hour composite program be prepared by the ABC to be shown nationally. ¹⁰

On 31 July the House resolved:

. . . that it be a rule and order of the House of Representatives that, at a joint sitting with the Senate, the proceedings are proceedings in Parliament, and that the powers, privileges and immunities of Members of this House shall, mutatis mutandis , be those relating to a sitting of this House. ¹¹

This resolution is considered to have continuing effect in respect of future joint sittings as far as the House of Representatives is concerned.

The joint sitting commenced at 10.30 a.m. on 6 August 1974 in the House of Representatives Chamber. ¹² The Governor-General’s proclamation convening the joint sitting was read by the Clerk of the Senate (Mr J. R. Odgers). The Clerk of the Senate then proceeded to conduct proceedings for the appointment of Chairman. The Speaker of the House (Mr J. F. Cope) being the only Member proposed, was accordingly declared appointed as Chairman and was conducted to the Chair by the Leader of the House (Mr F. M. Daly) and the Manager of Government Business in the Senate (Senator D. McClelland).

The Chairman read Prayers and, after making a statement on the constitutional significance of the joint sitting, called on the first proposed law. The question put to the joint sitting was ‘That the proposed law be affirmed’. The Commonwealth Electoral Act (No. 2), Senate (Representation of Territories) Act and the Representation Act were affirmed by an absolute majority on 6 August 1974 and received assent on 7 August. The Health Insurance Commission Act, Health Insurance Act and Petroleum and Minerals Authority Act were affirmed by an absolute majority on 7 August and received assent on 8 August.

All Members of both Houses attended the sitting on each day, a total of 66 members participating in the debates. Each of the proposed laws was affirmed by an absolute majority, as is required by the Constitution.

On 7 August, before consideration commenced on the sixth proposed law, the Member for Mackellar (Mr Wentworth) moved that so much of the standing orders be suspended as would prevent him moving forthwith:

That this joint sitting of the Houses should not be finally adjourned until either it has adequately discussed the present economic and industrial situation in Australia, or else the Government has indicated that both Houses will meet next week to discuss these matters.

The Chairman ruled that:

The Proclamation by the Governor-General on 30 July 1974 convened a joint sitting of the Members of the Senate and of the House of Representatives for the purpose of deliberating and voting upon each of 6 proposed laws and, in his [that is the Chairman’s] opinion, neither section 57 of the Constitution nor the Proclamation authorised the consideration of any other matters by the joint sitting—

and ruled the motion out of order. Mr Wentworth moved dissent from the Chairman’s ruling, the motion being negatived on the voices after the closure of the debate was agreed to.

Later, Mr McMahon, Member for Lowe, raised a point of order ‘referring to the judgment of the Chief Justice on the challenge to the joint sitting’. He was immediately ruled out of order by the Chairman who stated that a point of order could relate only to the standing orders and the rules the Houses had adopted governing the joint sitting. Mr McMahon claimed that action was being taken on proclamations the Chief Justice had said were improper, but the Chair called on the next business and the matter was not pursued.

During the joint sitting Members of the House of Representatives were called by electoral division and name, Senators by name, Ministers by portfolio and name, and Leaders of the Opposition by office and name.

See Appendix 22 of 1st edn.

Gazette S62B (30.7.74).

Constitution, s. 50.

Both Houses have since discarded the joint standing orders.

VP 1974-75/118-21; J 1974-75/117-20. See Rules for joint sittings (following Appendix 25).

The three amending Acts concerned were assented to on 1 August 1974, VP 1974-75/121.

Evidence Act 1974 (Act No. 31 of 1974).

Parliamentary Papers Act 1974 (Act No. 33 of 1974).

Parliamentary Proceedings Broadcasting Act 1974 (Act No. 32 of 1974).

H.R. Deb. (1.8.74) 1007-8.

VP 1974-75/106. The Senate passed a similar resolution on 1 August, J 1974-75/117.

The record of the joint sitting can be found in the following parliamentary records: (a) Minutes of Proceedings of Joint Sitting, 6-7 August 1974, and (b) H.R. Deb. (6 and 7.8.74) 1-175.