A joint sitting of the Australian parliament was convened in August 1974, comprising members of both the Senate and House of Representatives. This was the first, and so far, only time that under section 57 of the Australian Constitution that members of both houses sat together as a single legislative body. This sitting deliberated and voted upon the following acts: Jump to: navigation, search A senate is a deliberative body, often the upper house or chamber of a legislature. ... House of Representatives is a name used for legislative bodies in many countries. ... The Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia) is the primary constitutional text of the Commonwealth of Australia. ...

• Commonwealth Electoral Act( No 2)1973;
• Senate(Representation of Territories)Act 1973;
• Representation Act 1973;
• Health Insurance Commision Act 1973;
• Health Insurance Act 1973 and
• Petroleum and minerals Authority Act 1973.

Political pretext

In early 1974, the conservative parties led by Billy Snedden had chosen to use their majority in the Senate to resolutely oppose the above six bills. As they had been twice rejected by the Senate a constitutional trigger for a double dissolution was obtained under Section 57. On the 18th May an election for both houses of parliament was held. Campaigning for the Labor party, the leader Gough Whitlam asked the electorate to let him 'finish the job' using the slogan 'Give Gough a Go'. The Labor party was returned with a reduced majority and, crucially, less than a senate majority to enable his party to legislate. Rt Hon Billy Snedden Sir Billy Mackie Snedden (31 December 1926 _ 27 June 1987), Australian Liberal politician, was born in Perth, Western Australia, the son of a stonemason. ... Jump to: navigation, search A senate is a deliberative body, often the upper house or chamber of a legislature. ... Image:Ac. ... For other uses, see number 18. ... This article is about the month of May. ... Jump to: navigation, search Edward Gough Whitlam (born 11 July 1916), Australian politician and 21st Prime Minister of Australia, was the only Australian Prime Minister to be dismissed by the Governor-General. ...

This led to the historic joint sitting. Its constitionality was clear: from Section 57:

...If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may convene a joint sitting of the members of the Senate and of the House of Representatives.

The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Governor-General for the Queen's assent.

Consequently, a proclamation by the Governor-General John Kerr on 30th July, for all members of the Senate and the House of Representatives to assemble at the House of Representatives chamber in Parliament House 10.30 in the morning on 6th August was issued. Sir John Kerr The Right Honourable Sir John Robert Kerr, AK, GCMG, GCVO, QC (September 24, 1914 - April 7, 1991), Australian judge and 18th Governor-General of Australia, dismissed the Labor government of Gough Whitlam on 11 November 1975, sparking one of the most significant constitutional crises in Australian history. ...

However, there was subsequent litigation seeking an injunction to the proceedings. Sir Magnus Cormack, the last knight to sit in Federal parliament, instigated CORMACK v. COPE which dealt with the nature and wording of the Governor-General's proclamation, and QUEENSLAND v. WHITLAM which dealt, inter alia, with the number of Acts a joint sitting could consider. The unanimous opinion delivered by the full court on 5th August, was that the High Court should not interfere in the legislative process and that the Parliament was fully bound by the Constitution.

The Sitting

Over two days, 6th and 7th August, covered by both radio and television, 187 parliamentarians sat together as a single legislative body. The House of Representives chamber was chosen by Whitlam as it was "the people's House, the house where alone governments are made and unmade." The Speaker Mr J. Cope was chosen without dissent as 'Chairman' of the proceedings. Behaviour and restraint were shown by both sides of politics; all were in awe of the history they were making. Whitlam was jubilant that "at long last, after sustained stonewalling and filibustering the parliament can proceed to enact these essential parts of the governments program." The Leader of Oppostion, Billy Snedden, was more cynical, "This is indeed an historic occasion. So many people hve described it as such-that one is convinced it must be."

However the conservative side of politics still chose to oppose without any compromise or amendment, all of the six bills as they had done twice before. Inevitably all six were subsequently passed. The pattern of the voting was unremarkable, following party lines: 96 ayes to 91 noes. On 8th August 1974 His Excellency the Governor-General, John Kerr, declared the Assent of Her Majesty the Queen and they were passed into law.

Subsequent legal challenge

Thirteen months later four litigants, VICTORIA v. THE COMMONWEALTH AND CONNOR ; NEW SOUTH WALES v. THE COMMONWEALTH ; QUEENSLAND v. THE COMMONWEALTH ; WESTERN AUSTRALIA v. THE COMMONWEALTH [1975] sought to over turn the 'Petroleum and minerals Authority Act 1973'.