Model 5 - People Choose from Parliament's List

Comments
In this model it is proposed that nominations for President may be made by any Australian. They may also be made by either House of a State or Territory Parliament or by the Council of any unit of local government.

The full list of nominees would be published for public scrutiny for one month and then presented to the Federal Parliament. A joint sitting of both Houses shall by a two thirds majority choose no fewer than seven candidates from eligible nominees. The people will then choose their President from the seven nominees.

This model is somewhat reminiscent of the arrangements in Ireland where there is a directly elected President but a requirement that candidates be nominated either by a large number of members of the parliament or by several borough councils. The aim presumably was to ensure that only candidates with strong party political backing ran for office. This model would also require candidates to have strong political backing. But is that reconcilable with popular distrust of politicians?

Supporters of this Model see it as a means of building a bridge between the supporters of parliamentary appointment (Model 2) and those of open direct election (Model 4). On the other hand it could satisfy neither.

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 office of Australian Head of State may be made by:

(a) Any Australian citizen qualified to be a member of the Commonwealth Parliament

(b) Either House of a State or Territory Parliament

(c) Any Local Government

The full list of nominees shall be published for public scrutiny for one month and then presented to Federal Parliament.

A joint sitting of the Senate and House of Representatives shall, by at least a two-thirds majority, choose no fewer than seven candidates from eligible nominees for an election of the Head of State by the people of Australia.

Election
The people of Australia voting directly by secret ballot with preferential voting by means of a single transferable vote. The seven candidates shall be presented to the people for their consideration not more than 3 weeks before the date of the election.

Tenure
Five year term of office. No President may serve more than two terms.

Removal
Same as for federal judges. The President may be removed from office by a resolution of both Houses of the Parliament in the same session on the ground of proved misbehaviour or incapacity.

Casual Vacancy
A casual vacancy in the office of Head of State shall be filled by the most senior state governor who shall hold office until elections can be held for a new Head of State.

Non-Reserve Powers
The existing practice that non-reserve powers should be exercised only in accordance with the advice of the Government shall be stated in the Constitution and in the presidential oath of office.

Reserve Powers
Existing reserve powers shall be codified as generally provided in the Republic Advisory Committee's 1993 report.

	Pluses Direct popular election of the president. Shortlisted nominees are more likely to be non party political, due to the necessity of bipartisan parliamentary approval of the shortlisted nominees - although this is by no means assured.

Minuses Parliamentary shortlisting could be seen to be undemocratic- screening out of undesirables from the top job could be seen as contemptuous of the public's commonsense. The model stops short of open direct election yet still empowers a president with a greater personal mandate than the Prime Minister of the day. The political hurdles contained within the codification of the powers must still be faced. Politicians could simply collude to have a candidate from each of the Government and Opposition parties with five also-runs with no prospect of winning. It is naive in the extreme to expect that all of the candidates would be non-political. There are many worthy candidates who would not be prepared to stand against each other in an election.