Foundation for National Renewal     The "Model Constitution" Activity

Federal Election October 2004: Which Candidates Trust the People?

1. It is probably appropriate at this stage to review, in general terms, the stage we have reached in the design of our system of governance.

In Task 7, we devised a broad system of government that envisaged two tiers. That is, the abolition of state governments and the creation of a National Parliament with responsibility for all policy and law-making; and somewhere between 50 and 100 (single house) Regional Parliaments responsible for implementing national policy and for the delivery of government services. In Task 8 we refined responsibility between these two levels of government.

We also decided the powers and responsibilities of the Regional Parliaments would be defined in the Constitution. Furthermore, a constitutionally guaranteed proportion of national revenue to the Regions will ensure a very high level of autonomy. Although the Regions will have no law-making powers, it is probably appropriate to call the system a federation.

In Tasks 9 and 10 we defined electoral systems and decided that the Regional Parliaments would be elected from small (5000 voter), single member electorates using a voluntary preferential voting system. The National Parliament would be made up of Regional Representatives elected for four years from and by the Regional Parliaments. These Representatives would be subject to recall by their Regional Parliament for unsatisfactory performance. We also decided that the National Parliament would consist of two houses.

Regional Parliaments would be represented in the House of Representatives by two Members and in the Senate by one Senator. Only Members of Regional Parliaments with two years service would be eligible for election to the National Parliament and they would be replaced in their Regional Parliament by conducting a new election. We also decided that Senators and MPs would be required to sit with their respective Regional Parliaments on two to four days per month.

In Task 11 we decided to have a clear separation of powers between the legislature, the executive and the judiciary. The executive would consist of the Governor General and the Heads of Government Departments; that is, permanent public servants. All this means that our representatives in the National Parliament can concentrate on legislation to establish nationwide policies; and on overseeing the implementation of those policies by government departments.

7. Our task for this month is simply to confirm the method of election and to establish the remuneration of Senators and Members of the House of Representatives.

Elections

8. In recent years there has been much debate about the lack of female representation in government. It seems appropriate in Australian society in the 21st century that there should be equal gender representation in our Parliaments. It is therefore proposed that, where there are two representatives from a Region in the National Parliament, one should be male and the other female. Similarly, where a Region is represented by one Member and/or one Senator, it is proposed that equal gender representation be achieved by the simple expedient of stipulating that successive Senators from each Region shall be of the opposite gender to their predecessor.

Remuneration

9. I think it is fair to say that many Australians are less than satisfied with the calibre of persons elected to our parliaments and with their performance in office. Although the dominance of political parties (and their method of selecting candidates) is largely responsible for this, another significant factor is the level of remuneration.

10. Parliamentary remuneration is currently completely out of step with that received by persons of high calibre in the private sector. Low wages for parliamentarians and the perceived political difficulties of passing legislation to increase parliamentary salaries, has led to the adoption of excessive allowances and superannuation benefits to compensate. These measures have added to the high level of cynicism among the population in general.

11. To attract the calibre of persons we would like to govern us, we must be prepared to pay appropriate salaries. In deciding this we should also be aware that parliamentary salaries are a minuscule portion of the overall cost of governance.

12. Many sections in our current constitution are now redundant because the drafters used finite amounts to define remuneration. For our ‘Model Constitution’, it is proposed that we use a different method. The Australian Bureau of Statistics (ABS) produces annually a figure referred to as Average Weekly Earnings (AWE). By defining parliamentary salaries in the constitution as a multiple of this figure, we ensure that the People decide parliamentary remuneration and that automatic annual adjustment ensures this figure remains in line with community standards. If the People decide an adjustment beyond this automatic annual adjustment is necessary, this can be achieved by referendum.

Task 19 - Parliamentary Election, Composition and Remuneration

It is proposed that the method of election and the remuneration of Members of the National Parliament be expressed in the ‘Model Constitution’ as follows.

THE SENATE

Our Task for this month is to review these draft Sections for our ‘Model Constitution’ and to recommend any changes you think desirable. In particular, you are asked to answer the following questions.

Question 1. Do you agree that there should be, as far as practical, equal gender representation in our Parliaments?

Question 2. Do you agree that the salaries of Members of Parliament should be decided by the People and included in the Constitution so that those decisions cannot be tampered with?

Question 3. Do you agree with the remuneration specified in the above paragraphs? It should be noted that current Average Weekly Earnings are approximately $1000.

Question 4. Do you agree with the gradual increase of salary based on experience in the Parliament?

Question 5. It is intended that a future Task will address all other aspects of the conditions of service for members of our parliaments. Are there any other aspects of this topic you consider should be included in the constitution in addition to superannuation, annual leave and travel entitlements?

Your response by the end of November 2002 would be appreciated.

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Last updated: 3 May 2006