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No early mark for Rees

By George Williams - posted Wednesday, 17 September 2008


In the case of the ACT, elections must be held every four years on the third Saturday in October. Governor-General Quentin Bryce can dissolve the Legislative Assembly and order an early election only if in her opinion the Assembly is ''incapable of effectively performing its functions'' or ''is conducting its affairs in a grossly improper manner''. An early election can also be held where the Assembly passes a no-confidence motion in the chief minister and fails to choose a successor.

If any issue might be taken with the NSW system, it is not with fixed election dates but with four-year terms of parliament. But, even if NSW went back to three years, no election would be held until 2010. No one would seriously suggest a shorter period, especially given that all federal, state and territory elections, except those in Queensland and the Commonwealth, now run on a four-year cycle.

It would be unfortunate if events in New South Wales undo the four-year electoral term. Three years is too short, especially when there is the possibility of an early election, and, although there are no guarantees, four years is a period providing a better opportunity for good government and long-term planning. This is consistent with accepted wisdom in comparable nations, some of which have even longer parliamentary terms than four years.

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The Rudd Government has earmarked $27 million over 2010-11 for a referendum on fixed four-year terms for the federal Parliament. The current debate seems to have sunk any prospect of bipartisan support, at least until after the next NSW election. Even then, if only politicians champion the reform, voters may see it as a self-serving measure despite fixed terms being a disadvantage for the government of the day. This illustrates why change must be based upon strong community support. Especially when it comes to four-year terms, reform must not be viewed only as politicians seeking an extension to their own time in office.

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First published in the Canberra Times on September 13, 2008.



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About the Author

George Williams is the Anthony Mason Professor of law and Foundation Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.

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