Who can be elected to the House of Representatives?

To be elected to the House of Representatives, a candidate must be an Australian citizen aged 18 or over, enrolled or eligible to enrol as an elector for any federal electorate, and free from the disqualifications set out in section 44 of the Australian Constitution. The candidate need not live in the electorate they seek to represent, although most do.

Section 44 disqualifies people in five categories. People with dual or multiple citizenship (subject to specific interpretations developed by the High Court). People under sentence, or subject to be sentenced, for any offence punishable by one year or more imprisonment under Commonwealth or state law. People who are undischarged bankrupts or insolvents. People holding any office of profit under the Crown (including public servants, defence force members, and many statutory appointees, unless they have resigned before nomination). People with a direct or indirect pecuniary interest in agreements with the public service of the Commonwealth.

The dual citizenship rule produced the 2017 to 2018 citizenship crisis. Several senators and members were ruled ineligible by the High Court in cases starting with Re Canavan and continuing across the year. The result was ten by-elections and Senate replacements, with members and candidates now required to demonstrate they have renounced any foreign citizenship before nomination. The Joint Standing Committee on Electoral Matters and the Australian Electoral Commission have published detailed guidance to help candidates and members comply.

Candidates are nominated through registered political parties or as independents. Party-endorsed candidates are selected through internal party preselection processes that vary by party. Independent candidates must collect 100 signatures from electors in their chosen division or pay a nomination deposit (currently 2,000 dollars, refunded if the candidate receives at least 4 per cent of formal first-preference votes). The deposit and the signatures requirement aim to discourage frivolous candidacies while allowing serious independents to run. Successful candidates become members of the House for the remaining term of the Parliament and can stand for re-election at subsequent elections.