Model 2 - People nominate, Parliament appoints the President

Comments
In this model we have used the same provisions as were set out in the 1999 proposal except that the dismissal mechanism has been altered to provide that a President may only be removed by means of an ordinary resolution of the House of Representatives. The 1999 proposal envisaged the Prime Minister having the power to sack the President at any time.

In addition, the Prime Minister is obliged, in this revision, to nominate for President a person who is on the short list of the Nominations Committee established by Parliament. As was the case in the 1999 proposal, the Nominations Committee would be appointed by Parliament and would be required to reflect the cultural and geographic diversity of Australia.

Eligibility
Every Australian citizen qualified to be a member of the Commonwealth Parliament, provided that he or she is not a member of the Commonwealth Parliament or a State or Territory Parliament at the time of nomination.

Nomination
Nominations for the Presidency would be accompanied by a required number of signatures of support and would be presented to a Nominations Committee, established by parliament. While the details of the Nominations Committee is not to be set out in the Constitution (as it will undoubtedly change with experience), we propose that the legislation establishing the Committee should provide that all nominations received should be made public. The shortlist should have not less than three and no more than seven names.

Election
Prime Minister must choose a name from the shortlist and seek ratification by a two-thirds vote of a joint sitting. The nomination would need to be seconded by the Leader of the Opposition.

Tenure
Five year term of office.

Removal
By an ordinary resolution of the House of Representatives.

Casual Vacancy
To be filled by the most senior state governor until a new president can be appointed.

Non-Reserve Powers
Same as the Governor General - incorporated by reference.

Reserve Powers
Same as the Governor General.

Pluses Every citizen has the chance to nominate a candidate for president and every nomination is considered and made public. Best chance of obtaining an independent, impartial and non-political person as president because the Prime Minister and the Leader of the Opposition have to agree and neither would accept a candidate allied with the other side. Prime Minister loses the power he has now to sack the Governor-General. No need for spending on a presidential election. Our current stable democracy is preserved, whereas an elected President may claim a mandate over the Prime Minister.

Minuses Although this model is more consultative than the 1999 referendum model, there is no direct election of the President. While it has a few significant alterations, is essentially the same model that was defeated in 1999.