There are many considerations:
WHEN DOES AUSTRALIA BECOME A REPUBLIC?
A difficult question with a simple answer.
Many have sworn allegiance to the Crown at some points in their life, such as the Scouts, and many people would wish to honour that.
Besides the Queen is a credit to the Monarchy.
However Prince Charles is another matter – he is not his mother. Not by a long shot.
Therefore, Australia should remain with its current system untill Queen Elizabeth either retires or dies. At that point the Prime Minister calls an election as outlined for the Australian HOS.
“The Queen is Dead. Long Live the Republic of Australia!”
TERM OF OFFICE
The term would run concurrent with the Federal Government, that is, three years until a new HOS has been decided. When an election is called, the HOS stays in place until the next HOS is elected.
NUMBER OF TERMS
The Head of State will face the people and can remain as Head of State as long as the State continues to elect them and the combined Members continue to elect the.
If the G-G remains as the Primary Candidate the HOS will receive Top Position above and below the line. regardless of the states government decision, the HOS receives an automatic placement below the line on their State ballot paper, should the HOS seek re-election.
However, their is no obligation on the State Lower House or combined houses to appoint the HOS as the preferred Primary Candidate for their State or Territory.
ELECTION
The candidates for the states’ and territories representative would be elected on the day of the federal election. In other words, there would be three ballot papers -
- House of Representatives
- Senate
- Head of State
After the Election and once all candidates are finalised, the first role of the prime Minister of the new Federal Parliament will be to invite the candidates from the States and territories to the House of Representatives where the vote for the Head of State will take place.
TRANSFER OF POWER
The new Federal Government will be sworn in by the incumbent Head of State on the day of the Head of State election.
The first role of the new elected Government will then be to elect the Head of State.
Should the incumbent HOS be returned to office, the Speaker then asks the HOS if they wish to contine as HOS, The HOS will formally reply, ”I do.” and the HOS is sworn in once again.
Should the incumbent NOT be returned to Office, at the announcement of the new HOS by the Speaker of the House of Representatives, the incumbent HOS will immediately resign to the Prime Minister to stand aside for the HOS Election.
Upon receiving the Resignation of the HOS, the PM advises the Speaker of the House of Representatives that the HOS has resigned. Should the HOS choose not to resign the PM must dismiss the HOS immediately.
The Speaker of the House of Representatives immediately asks the HOS elect to confirm they wish to be the HOS and HOS will formally replybefore the House of Representative, ”I do.” The Head of State Elect is immediately sworn in by the Speaker and the swearing in witnessed by the members of the Lower House.
Should the incumbent HOS or HOS elect reply that they do not wish to continue, then the HOS automatically falls to the second in line with third candidate becoming the deputy and the process continues.
In all these preseedings the National Broadcaster and SBS will cover the entire proceedings uncut and without ad breaks, so that the people of Australia may also witness the proceedings.
DISMISSAL OF THE HEAD OF STATE
Currently the Prime Minister can dismiss the Governor-General without warning. It is suggested that removal of the Head of State can occur:
- With a two third majority vote of no confidence in the HOS by a joint sitting of both houses of Federal Parliament. The PM then has the option to request the resignation of the HOS and should that not be forthcoming with 48 hours the PM has the right to dismiss the HOS within an additional 48. hours. After 96 hours the vote of no confidence lapses.
- Should the first vote of no confidence fail, the PM may request a second vote by the federal parliament. but that will be the final vote the PM can seek for that term of office
Should this second vote fail the PM has a two options:
- Call a half senate election
- Ask the Head of State to disolve both Houses and go to the polls. The Head of State remains as HOS .
DISMISSAL OF THE GOVERNMENT
Quite possibly the most contentious issue….
Firstly, the HOS has no right to dismiss an elected Government.
That is the people’s role at the ballot box, however, there is one circumstance where the nation could become paralysed. Should this occur, the HOS has the final option to disolve the Parliament, that is, the House of Representatives, the Senate and including the Head of State will all face the polls.
Based on precedent, the only reason, so far, that a HOS has dismissed a government was the 1975 Constitutional Crisis when the Senate blocked supply. Based on the events of those days, this procdure brings in a transparent mechanism to break the deadlock that could paralyse the nation. Note: Since the event of 1975 supply has not been blocked and the other parties such as Democrats and Greens have voted to ensure the Supply Bill has been passed.
The action described below allows the HOS to break a deadlock, but only when the Senate is ”Blocking of Supply.” For all other Bills that are refused or blocked by the Senate, only the PM has the right to Disolve the Government and go to the polls
When a government has submitted a bill that results in the blocking of supply and has been rejected twice, the ‘double dissolution trigger” has come into play. That is the PM can request the Head of State dissolve both Houses and go to the polls to elect the House of Representatives, the Senate as well as the Head of State.
Should the PM refuse to action the trigger, the HOS must attempt to find a way to get the Government and Opposition, House of Representatives and Senate to find a workable solution. At this point the PM can call a half senate election.
Should the Government and Opposition and the House of Representatives and Senate still be on an impasse and to all intent and purpose, in the mind of the Head of State reached a complete deadlock, the PM not having called a half senate election or a a double dissolution, the HOS must ask both PM and the leader of the Opposition if they believe a solution is possible.
If the reply by both parties is “No,” the HOS ask the PM if the PM would like to call a half senate election.
If the PM replies “No,” The HOS may then formally advise both PM and Leader of the Opposition of the intention to disolve both houses within 48 hours.
From being told of the intention to call a double dissolution, the Government and Opposition, and House of Representatives and Senate have 48 hours to come to a solution and pass the bills that brought the Double Dissolution trigger into play
However, once the PM has been formerly advised by the Head of State of the intention to call a Double Dissolution, the PM can still action the Double Dissolution trigger , but now may no longer call a half senate election.
After 48 hours the HOS must formerly meet together with and ask both PM and Opposition Leader if they can come to agreement. At this point, if both PM and OL agree that a solution is close at hand or the HOS can broker a solution then thet are allowed additional time of no longer than 24 hours.
However, should at anytime. either PM or OL advise that negotiations have failed the HOS is obliged to dissolve both houses and call an election.
But before doing this, the HOS must remind/advise both parties that a double dissolution and election is about to be called, still giving the PM the right to call an election and nominate the Governments preferred date to hold the election.
Should the PM decline to request the HOS disolve both houses, and instead, the HOS call an election, the election date will be nominated by the HOS.
Thank you for taking the time to read this and in making it this far. If you agree that this is the preferable model, for Australia adopt to become an Australian republic, then please sign the petition.
.:.
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