Double dissolution trigger
and the housing bills
A double dissolution trigger in the Australian Parliament is a set of circumstances that, if met, allow the Governor-General to dissolve both the House of Representatives and the Senate simultaneously, which means an election. This rare event has only happened seven times in Australian history, most recently in 2016.
The double dissolution trigger is set out in Section 57 of the Australian Constitution. It states that the Governor-General may dissolve both houses if:
The House of Representatives passes a bill, and the Senate rejects or fails to pass it or passes it with amendments to which the House will not agree.
Three months pass from the time the Senate disagrees with the bill.
The House of Representatives passes the same bill again and sends it to the Senate.
The Senate again rejects or fails to pass the bill or passes the same bill with amendments to which the House will not agree.
In other words, the trigger is met if the Senate twice blocks a bill passed by the House of Representatives. This can happen if the Senate is controlled by a different party or coalition of parties than the House of Representatives or if there is a significant minority party in the Senate that can block legislation.
If the Governor-General dissolves both houses of Parliament, a double dissolution election is held. This means that all 150 members of the House of Representatives and all 76 senators are up for election. The party or coalition that wins the most seats in the House of Representatives can form government, and the Prime Minister is the leader of that party or coalition.
Double dissolutions are often seen as a last resort for governments that cannot get their legislation through the Senate. However, they can be risky as the government can lose seats in the election and be forced to form a minority government.
Currently, the bills that together could potentially trigger a double dissolution are:
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023 [No. 2]
The bill amends the National Housing Finance and Investment Corporation Act 2018 (NHF&IC Act) in three ways:
It renames the National Housing Finance and Investment Corporation (NHFIC) to Housing Australia.
It streamlines the functions of Housing Australia.
It extends the Commonwealth guarantee of the liabilities of Housing Australia to apply to contracts entered into until 30 June 2028.
The bill also amends ten other Acts to make consequential amendments.
Housing Australia Future Fund Bill 2023 [No. 2]
The bill establishes the Housing Australia Future Fund (HAFF). This new fund will make grants and loans to support the development of acute housing needs, social housing, and affordable housing. Housing Australia, a government-owned corporation, will administer the HAFF.
The HAFF will have an initial balance of $10 billion, which will be used to make grants and loans to community housing providers, state and territory governments, and other organizations developing acute housing needs, social housing, or affordable housing. The HAFF will also be able to raise additional funds from the private sector.
The HAFF is expected to play a significant role in addressing the housing affordability crisis in Australia. It will provide much-needed funding for developing new social and affordable housing, which will help reduce homelessness and make housing more accessible to low-income earners.
National Housing Supply and Affordability Council Bill 2023 [No. 2]
The bill establishes the National Housing Supply and Affordability Council (NHSAC), an independent advisory body to the Commonwealth Government on housing supply and affordability matters. The NHSAC will comprise experts from the housing sector, including economists, urban planners, and social housing providers.
The NHSAC will be responsible for providing advice to the government on a range of issues, including:
The current state of housing supply and affordability in Australia.
The factors that are contributing to the housing affordability crisis.
Possible solutions to the housing affordability crisis.
The government's housing policy agenda.
The NHSAC will also be responsible for monitoring the implementation of the government's housing policy agenda and providing feedback on its effectiveness.
Consideration of the legislation has been delayed until October 16.
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