Constitutional expert George Williams has backed claims that if the election delivers a hung parliament, independents do not need to sign agreements to prove to the governor general that a major party can govern.
Independent members and candidates have suggested they would not sign any agreements along the lines of Julia Gillard’s agreement with Tony Windsor and Rob Oakeshott.
Williams said if one of the major political parties attempted to go to the governor general to form government, that party would simply require an “understanding” of support of supply bills in order to run the government.
That support could be in the form of public statements, a signed letter or agreement or it could be tested on the floor of the parliament in a vote.
“It could be an understanding, it would not necessarily require a signed agreement or it could be left to the floor of parliament,” Williams said.
The two-party preferred polls remain deadlocked at 50-50.
The former prime minister John Howard was campaigning in South Australia where the Liberal party is trying to save former minister Jamie Briggs from Nick Xenophon’s candidate Rebekha Sharkie in the seat of Mayo.
Howard said the move away from the major parties predated Xenophon. He named former independent Pauline Hanson – who is running again for the Queensland Senate – and Donald Trump as manifestations of the loss of voter loyalty by the major parties.
“It’s a worldwide phenomenon – it’s not a Xenophon phenomenon and I don’t think we should overestimate it,” Howard said.
“In the end someone has to govern the country, you can’t just govern the country with 150 independents. I can’t think of anything more chaotic, that would be absolutely gridlock par excellence.”
Sitting Indi independent MP Cathy McGowan has resisted naming which side she would support in the event of a hung parliament. Fellow sitting Denison independent MP Andrew Wilkie – who was in the 43rd parliament – has suggested he would not sign an agreement, given Labor welched on his poker machine reforms contained in his agreement.
In the New England campaign against the deputy prime minister, Barnaby Joyce, Windsor has said he would not pick a side in another hung parliament.
“If there is, I won’t be signing any document with either side,” Windsor said on Q&A on Monday. “That could have happened last time as well. The piece of paper in terms of the hung parliament is not worth the paper it’s written on. There is no legal standing in terms of that piece of paper.
“And in the last hung parliament, the only thing the piece of paper had was that the supported supply, when the budget was being presented, on all other issues ... it was an open book.”
