1
What is a hung parliament?This occurs when no party holds a majority of seats in the lower house of a parliament, as seen several times recently in the states and territories but not federally since 1940. It seems there will be a hung parliament after this election because neither Labor nor the Coalition is likely to win 76 seats, the bare minimum needed for a majority in the 150-member House of Representatives.
2
W hat is a minority government?
This results from a hung parliament. A government is formed by a party holding a minority of seats, but is nonetheless able to govern due to the support of other members.
3
What is required to form a government?
The right to form a government is demonstrated by securing the support of a majority in the House of Representatives. The Prime Minister has the first opportunity to achieve this, followed by the Leader of the Opposition.
A government is formed when a prime minister and ministers are sworn in by the Governor-General.
4
Wha t about the Senate?
The Senate plays no role in the formation of a government. The House of Representatives, sometimes described as the ''house of government'', has the sole prerogative in this regard.
5
What is the role of the speaker?
The constitution says the first order of business of the lower house after an election is to choose a Speaker. The Speaker does not vote unless the numbers are tied, in which case he or she can make a casting vote.
6
How do you form government without a majority?
A government can continue as long as a no-confidence motion is not passed against it. A government can continue as long as a majority in the house does not decide to vote it out.
7
What rules apply?
The constitution makes no mention of hung parliaments, political parties or even the Prime Minister. Many questions in Australia's system of government are resolved by long-established conventions developed in the British Parliament. These rules have been applied many times and represent a tried and tested way of navigating the uncertainties of a hung parliament.
8
What is the Governor-General's role?
If a party can secure majority support in the House of Representatives, the Governor-General need only swear in that government. She may have an expanded role if extraordinary events occur such as a 75-all tie, or if conventions are not followed.
9
How long can it take?
The next government is likely to be determined in a week or two, once the outstanding seats are resolved so the main parties know how much extra support they need. It may then take several more days to finalise an agreement with the independents. If no agreement is reached, the uncertainty could extend far longer. Under the constitution, the latest that Parliament can meet is 30 days after the return of the writs for the election - as late as November 26. If Parliament proves to be unworkable, the Governor-General might be advised to call a fresh election.
10
What happens if an agreement breaks down?
Independent members have been known to support one party into government, only to change their mind. This happened with the last hung federal parliament. After the 1940 election, coalition governments were formed by Robert Menzies and then Arthur Fadden with independent support. A year in, the independents switched their vote and John Curtin became prime minister in a new Labor government. Managing a hung parliament involves both attracting independent support, and keeping it.
11
If there is another election, what type will it be?
A fresh election need be held only for the House of Representatives - the only house with any bearing upon the current uncertainty. The terms of senators are fixed by the constitution, half being elected every three years, save for a double dissolution. That is not possible now because the Senate has not twice rejected legislation since the latest election.
George Williams is the Anthony Mason Professor of Law at the University of NSW.
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