The Chair of the Justice Committee is calling for public submissions on the Constitution Amendment Bill. The bill would amend the Constitution Act 1986 to allow Ministers of the Crown to remain in office until the completion of election processes and the appointment of new members of Parliament (MPs). This seeks to address situations where the return of the writ is delayed following a general election.
Section 6 of the Constitution Act 1986 requires all Ministers of the Crown to be MPs. The Electoral Act 1993 provides that all MPs must vacate their office at the close of a general election polling day. The Constitution Act enables Ministers to continue to hold office for 28 days after ceasing to be an MP. This supports the continuity of executive government after an election and upholds the constitutional principle that the Governor-General must always have advisers. The bill would remove the 28-day rule and create a new one. A caretaker government would instead continue until the Electoral Commission declared the elected list candidates. This would effectively be when the election results had been finalised and new MPs had been appointed.
Tell the Justice Committee what you think
Make a submission on the bill by 1.00pm on Monday, 15 September 2025.