Apportionments

Will Saving the NT’s Second House Seat Cost the ACT its Third Seat?

UPDATE: The legislation has been introduced and it does not fix the number of Territory seats at a minimum of two. It instead adopts my proposal to use the harmonic rather than arithmetic mean in determining seat entitlements for the territory. However, the harmonic only applies for quotients under three. That provision might need a re-visit if the Parliament ever increases in size. The statistical error provision has been repealed. The determination in July merging the NT into a single seat has been set aside and two seats restored. Legislating backwards for the harmonic mean was too difficult but under it the NT would have been entitled to two seats.

From the next determination, to take place after the next election, the new rules will apply to the territories. The NT will be entitled to a second seat if its quotient is above 1.3333 rather than the current 1.5. The ACT will be entitled to a third seat with a quotient above 2.4 rather than 2.5. As noted above, this new harmonic mean will not apply above three seats.

The legislation and notes related to it can be found at this link.

Minister’s Second Reading Speech here.

Original post

Read More »Will Saving the NT’s Second House Seat Cost the ACT its Third Seat?

ABS Population Statistics Confirm Changes in House Representation

(Update 3 July – the determination by the Australian Electoral Commissioner has been published confirming that Victoria will gain a seat and Western Australia and the Northern Territory lose seats. Details here.)

The Australian Bureau of Statistic’s national population report, released this morning, confirms the expected changes to state and territory representation for the next election.

The statistics confirm that Victoria will gain a 39th seat in the House of Representatives, Western Australia will lose the 16th seat it gained in 2016, and the Northern Territory will lose the second member it has elected since 2001.

The statistics in this morning’s report, for the December 2019 quarter, will now be used by the Australian Electoral Commissioner to make a formal determination on 3 July setting down the number of members to be elected from each state and territory at the next election.

When implemented, the changes will reduce the size of the House of Representatives from 151 to 150 seats and begin the process of electoral boundary re-drawing in Victoria and Western Australia. In the case of the Northern Territory, the existing seats of Lingiari and Solomon will be merged as a single seat with revived name Northern Territory.

However, a bill has been moved in the Senate designed to save the Northern Territory’s second seat. While the Constitution determines the allocation of members to states, representation for the territories is determined by legislation and can be changed by parliament.

I have published two recent posts on the allocation of House of Representatives seats. The first deals with the constitutional law around state representation, the second with territory representation including some suggestions on changes that can be made to the formula for territory representation.

My calculations of the seat entitlements based on this morning’s ABS report are shown below. Update – the table below has been updated with the Electoral Commissioner’s official determination.Read More »ABS Population Statistics Confirm Changes in House Representation

2020 Apportionment of Seats: Part 3 – Changing the Formula for States

(Update 3 July – the determination has been published confirming that Victoria will gain a seat and Western Australia and the Northern Territory lose seats. Details here.)

On 3 July, Australian Electoral Commissioner Tom Rogers will issue his determination on how many electorates will be contested and representatives elected for each state and territory at the next federal election. The determination will be based on Australian Bureau of Statistics population statistics to be released this week.

Based on population trends, it is expected that Victoria will gain a seat to 39 seats, and Western Australia will lose the 16th seat it gained in 2016. More controversially, the Northern Territory will lose the second member it has elected at every election since 2001.

This is the third of three posts on the subject of apportioning seats to states and territories under Australian constitutional and electoral law.

The first post looked at the constitutional allocation of seats to states under Section 24 of the Constitution, how the current formula works, past attempts to change the formula, and how past High Court cases have interpreted the workings of Section 24.

The second looked at the constitutional basis and history of territory representation. As I explain in the post, the allocation of seats to the territories is governed by legislation, not the constitution. The Parliament can change the territory allocation formula, and I propose that it should be changed to use what is known as Dean’s method. This would provide a fairer and more stable method of allocating seats than the current formula, though it would not guarantee the Northern Territory two seats into the future.

A private member’s bill has been introduced in the Senate to guarantee a minimum two seats for the Northern Territory. The Joint Standing Committee on Electoral Matters has launched an inquiry into the bill with submissions closing on 10 July. You can find details of the inquiry here.

In this post I will re-cap the US apportionment methods I discussed in my post on the territories and ask whether they could also be applied to the Australian states without risking the wrath of the High Court. In short my findings are that across 26 Australian apportionments since Federation, Dean’s method would have added one seat to one state at one of the 26 apportionments, one change out of 416 state allocations.

For this reason I argue that switching formula to adopt Dean’s method would meet the tests for changing the constitutional formula discussed in McKellar’s case (1977). (See me first post for details). It can be argued that Dean’s method, by minimising the difference between the average enrolment in each state and the national quota, provides a more proportional method than the variant of Webster’s method set out in Section 24 of the constitution.

Read More »2020 Apportionment of Seats: Part 3 – Changing the Formula for States

2020 Apportionment of Seats: Part 2 – Allocating to the Territories

(Update 3 July – the determination has been published confirming that Victoria will gain a seat and Western Australia and the Northern Territory lose seats. Details here.)

On 3 July, Australian Electoral Commissioner Tom Rogers will issue his determination on how many representatives (seats) each state and territory will have at the next federal election.

As the numbers stand, it is expected that Victoria will gain a seat to 39 seats, and Western Australia will lose the 16th seat it gained in 2016. Most controversially, the Northern Territory will lose the second seat it has had since 2001.

This is the second of three posts on Australian apportionment. The first post looked at the constitutional allocation of seats to states under Section 24 of the Constitution, how the current formula works, past attempts to change the formula, and how past High Court cases have interpreted the workings of Section 24.

In this post I concentrate on the constitutional basis and history of territory representation, and in what ways Territories are treated differently from the states in allocating seats.

The Labor Party is proposing a bill to save the NT’s second seat by legislating that the Northern Territory have a minimum of two seats. The NT’s Country Liberal Party has expressed some support for the idea. As was the case with a similar bill when the NT’s second seat was marked for abolition in 2003, the bill will be the catalyst for a more detailed discussion of the issue.

In my opinion, it would be better to change the formula as it applies to the territories rather than return to fixing the number of seats. In technical terms, my proposal is that the allocation of extra seats should be determined by rounding at the harmonic mean of two alternate allocations rather than the current arithmetic mean. In the case of the Northern Territory, that would involve allocating a second seat if the quota calculation is above 1.33 rather than the current 1.50. This would almost certainly save the NT’s second seat for the next election.

If you don’t have time to read through all the detail in this post, click here to go to the tables showing how the proposed change formula would have applied to the NT and ACT at apportionments since 1991.
Read More »2020 Apportionment of Seats: Part 2 – Allocating to the Territories

2020 Apportionment of Seats: Part 1 – Allocating to the States

(Update 3 July – the determination has been published confirming that Victoria will gain a seat and Western Australia and the Northern Territory lose seats. Details here.)

On 3 July, Australian Electoral Commissioner Tom Rogers will issue his determination on how many electorates will be contested and representatives elected for each state and territory at the next federal election.

As the numbers stand, it is expected that Victoria will gain a seat to 39 seats, and Western Australia will lose the 16th seat it gained in 2016. Most controversially, the Northern Territory will lose the second member it has elected since 2001.

This is the first of three posts on the subject of apportioning seats to states and territories under Australian constitutional and electoral law. This first post will look at the constitutional allocation of seats to states under Section 24 of the Constitution, how the current formula works, past attempts to change the formula, and how past High Court cases have interpreted the workings of Section 24.

A second post will look at how seats are allocated to territories and the different constitutional origins of territory representation.

The final post, for those who already know the background, will be devoted to possible changes to the apportionment formula, drawing on the extensive history of apportionment in the United States.
Read More »2020 Apportionment of Seats: Part 1 – Allocating to the States