A hung parliament is about the House
A hung parliament occurs when no party or established coalition has enough seats to command a majority in the House of Representatives on its own. The key constitutional question is not which group has the largest number of seats, but who can command the confidence of the House.
The Senate can influence legislation, but it does not determine who forms the government. Government formation depends on confidence in the House.
Negotiations after the election
When neither major side has a majority, independents and minor-party members can become central to negotiations. They may discuss confidence, supply and procedural arrangements with the competing leaders. Agreements can be written and publicly released, although the precise political form varies.
Support on confidence does not necessarily mean support for every bill. A crossbench member can agree to keep a government in office while reserving the right to oppose individual policies.
The incumbent government and the Governor-General
Constitutional convention gives an incumbent Prime Minister an opportunity to determine whether they can continue to command the House. The Governor-General acts within the constitutional system and conventions rather than selecting a preferred political program.
If it becomes clear that another leader can command confidence and the incumbent cannot, the transition occurs through established constitutional processes. The exact sequence depends on the circumstances and advice available at the time.
Confidence and supply
Confidence refers to whether the House supports the government remaining in office. Supply refers to the appropriation of money needed for government operations. Support in these areas can be enough to sustain a minority government even where the government lacks a majority of seats by itself.
This is why a minority government is not the same thing as an unstable government. Stability depends on the agreements, parliamentary numbers and political behaviour over time.
How to read election-night claims
If no side has reached a majority, claims that a party has 'won government' may be premature. Seat counts, undecided electorates and statements from crossbenchers all matter before the confidence position is clear.
Official AEC results establish who has won each electorate. The subsequent question of who forms government is constitutional and parliamentary, not simply a continuation of the vote count.
Primary sources and further reading
We use authoritative Australian institutions as the starting point for this explainer. Follow these links for the underlying rules, official guidance and current details.