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Could a Senate stalemate on housing send Aussies back to the polls?

By Kyle Robbins
22 June 2023 | 11 minute read
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An inability for the Housing Australia Future Fund (HAFF) Bill 2023 to pass through the upper house has placed the threat of parliamentary dissolution firmly on the national radar.

As previously reported on REB, both the federal Greens party and Coalition successfully kicked the vote on a host of housing legislation, including the HAFF bill, National Housing Supply and Affordability Council Bill 2023, and the Treasury Laws Amendment (Housing Measures No.1) Bill 2023, until October.

Having passed through the House of Representatives, the package’s progression faltered in the Senate, even after the federal government unveiled a last ditch attempt to curry favour with the Greens party in the shape of its $2 billion Social Housing Accelerator. Despite the funding injection, the Albanese government was unable to wrangle in support for the bill from the Greens, who also demanded action on rent freezes, a course of action denied by housing minister Julie Collins.

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Now, a second vote on the important housing package, which Prime Minister Anthony Albanese explained would “result in an additional 30,000 additional housing, affordable and social units, built over the next five years” will be undertaken in October.

Labor’s deputy Senate leader, Don Farrell, explained to the Senate that in the event the upper house “defers the bill to October, the government will regard this as the Senate failing to pass the bill, and I’m sure you understand the consequences of that”.

He is referring to section 57 of the Australian Constitution. According to an overview of this section as contained on the Parliament of Australia website: “If the Senate fails to pass the bill agreed to by the House of Representatives and, after a minimum of three months has elapsed, again fails to pass the same bill to which the House of Representatives has again agreed, the Prime Minister may advise the Governor-General to dissolve both Houses of Parliament.”

Speaking on ABC Radio Brisbane Drive, Mr Albanese revealed he was currently entrenched in a similar line of thinking but believes the package itself is sound. He highlighted that the government is “getting advice from the Solicitor-General about a reintroduction of the bill on the Housing Australia Future Fund, because we think that is also a good policy and very necessary”.

According to the Department of the Attorney General, Australia’s solicitor-general, a position currently held by Dr Stephen Donaghue, “has a wide practice, appearing in matters involving constitutional law, extradition, migration, native title, trade practices, taxation, corporations, customs, international arbitration, and criminal law”.

Given the federal government’s resolute position on rent freezes, it remains to be seen whether a reintroduction of the bill would garner support from the Greens, and as such, the Senate, leaving the nation flirting with its potential first double dissolution election since 2016.

Levelling criticism towards both the Greens and the Coalition, the prime minister declared, “it is quite remarkable that people who say they support increased levels of investment in social housing are blocking this measure”.

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