Discussion Draft — Not Settled Law or Legal Advice

Constitutional Clauses.

A serious proposal requires serious detail. Compare today’s constitutional text with the discussion-draft language below, then examine what each proposal would retain, replace or add.

Consultation paper dated 9 September 2026Print on A4 or US Letter at 100% scale, with one clause per page.

Note to readers: Every proposed clause and number on this page is illustrative discussion-draft wording only. It is not settled amendment text, enacted law or legal advice. Current-text excerpts are provided for comparison and may omit surrounding words; consult the official source before relying on them.

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1. Direct Election of the Prime Minister

Relevant current provisions: Sections 61 and 64Open official Constitution

Current Constitution

61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.

64. The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish.

Proposed Discussion Draft

61A. There shall be a Prime Minister of the Commonwealth, directly chosen by the people of the Commonwealth voting as one electorate.
61B. Any Australian citizen qualified to be chosen as a member of the House of Representatives may be a candidate for the office of Prime Minister, provided they publish a statement of intended government program before the election.

What changes

Adds an expressly constituted office of Prime Minister and replaces the present convention-based selection of the head of government with a nationwide direct election. Existing section 61 would remain unless later drafting expressly alters it.

Plain English

The Prime Minister is no longer chosen by backroom party deals or factional numbers. You vote directly for the person who will lead the country, giving them a clear, personal mandate to deliver the program they campaigned on.

Public Consultation Point

What voting system should be used for the national ballot? Preferential voting, a two-round runoff, or another method? Should there be signature thresholds to qualify for the ballot?

2. Fixed Concurrent Four-Year Terms

Relevant current provisions: Sections 7, 28 and 57Open official Constitution

Current Constitution

7. The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.

28. Every House of Representatives shall continue for three years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor-General.

57. If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it [in the circumstances set out in this section], the Governor-General may dissolve the Senate and the House of Representatives simultaneously.

Proposed Discussion Draft

28. Every House of Representatives and every Senate shall continue for four years from the first meeting of the House, and no longer.
61C. The Prime Minister shall hold office for a term of four years concurrent with the Parliament, commencing upon the return of the writs for the election.

What changes

Replaces the House’s maximum three-year term with a four-year term, aligns Senate and prime-ministerial terms, and removes the draft’s ordinary early-dissolution power. Consequential work would be needed for senators’ rotation and the section 57 deadlock process.

Plain English

Elections happen on a predictable, fixed schedule every four years. Neither the Prime Minister nor the Parliament can trigger an early election to exploit a temporary political advantage. The country gets four years of governing, not permanent campaigning.

Public Consultation Point

Should there be narrow exceptions for extraordinary circumstances, such as an irresolvable national crisis, where a supermajority of Parliament could trigger an early election?

3. Parliamentary Confirmation of Ministers

Relevant current provisions: Sections 62 and 64Open official Constitution

Current Constitution

62. There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure.

64. The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish. [...] After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

Proposed Discussion Draft

64. The Prime Minister may appoint Ministers of State to administer such departments of State of the Commonwealth as the Prime Minister may establish.
64A. No appointment of a Minister of State shall take effect until it has been confirmed by a majority resolution of the Senate, following a public hearing.
64B. Ministers need not be members of the Parliament.

What changes

Transfers appointment and department-creation language from the Governor-General in Council to the Prime Minister, adds Senate confirmation and public hearings, and removes the constitutional rule that ministers must enter Parliament within three months.

Plain English

The Prime Minister can choose the best possible people to run government departments, whether they are politicians or outside experts. However, to prevent cronyism, Parliament must publicly vet and approve every Minister before they take power.

Public Consultation Point

Should confirmation require a joint sitting of Parliament or just the Senate? Should there be a strict time limit for Parliament to hold hearings and make a decision to avoid obstruction?

4. Parliamentary Control of Appropriations

Relevant current provisions: Sections 53, 56 and 83Open official Constitution

Current Constitution

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

56. A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General.

83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.

Proposed Discussion Draft

83. No money shall be drawn from the Treasury of the Commonwealth except under appropriation made by law.
83A. The Parliament may amend, reject, or approve proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
83B. The Executive may not compel the passage of supply, nor shall the failure to pass supply automatically dissolve the Parliament.

What changes

Retains section 83’s core appropriation rule, adds an express parliamentary power to amend ordinary annual-services appropriations, and separates failure of supply from automatic dissolution. Sections 53 and 56 would require reconciliation with that model.

Plain English

The government proposes how to spend public money, but only Parliament can authorise it. Parliament is free to scrutinise and adjust the budget on its merits, without party machines forcing a rubber-stamp.

Public Consultation Point

If Parliament blocks the budget completely, what happens? Does a temporary budget automatically continue at the previous year's levels to prevent government shutdowns?

5. Removal and Succession Procedures

Relevant current provisions: Sections 2, 61, 62 and 64Open official Constitution

Current Constitution

2. A Governor-General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen’s pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.

61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative.

64. Ministers hold office during the Governor-General’s pleasure. The Constitution does not expressly create the offices of Prime Minister or Deputy Prime Minister, or prescribe a removal vote or prime-ministerial succession process.

Proposed Discussion Draft

61D. The Prime Minister may be removed from office by the Governor-General only upon a joint address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity.
61E. Such address requires the concurrence of two-thirds of the total number of members of each House.
61F. Upon a vacancy in the office of Prime Minister, the Deputy Prime Minister shall act as Prime Minister until a new Prime Minister is directly chosen by the people at an election to be held within ninety days.

What changes

Replaces reliance on constitutional convention and the present pleasure-tenure language with an express, high-threshold removal process and a temporary succession rule followed by a direct election within 90 days.

Plain English

Direct election does not put a Prime Minister above the law. Parliament can remove a rogue Prime Minister for serious misconduct, but it requires a massive cross-faction consensus (two-thirds), preventing trivial political ambushes. If removed, the public votes on the replacement.

Public Consultation Point

Is two-thirds the right threshold for removal? How quickly must a replacement election be held? Should an independent judicial panel establish facts before a removal vote occurs?

Official source

Current-text excerpts are from the Commonwealth of Australia Constitution Act — Federal Register of Legislation . Retrieved 9 September 2026. Ellipses and bracketed summaries mark omissions made for readability.

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