Australian Senate: Difference between revisions
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{{Short description|Upper house of the Parliament of Australia}} |
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{{Use dmy dates|date=February 2018}} |
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{{Use Australian English|date=July 2016}} |
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{{Infobox legislature |
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|background_color = firebrick |
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|name = Senate |
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|legislature = [[47th Parliament of Australia]] |
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|house_type = Upper house |
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|coa_pic = Coat of Arms of Australia.svg |
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|body = Parliament of Australia |
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|leader1_type = [[President of the Senate (Australia)|President]] |
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|leader1 = [[Sue Lines]] |
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|party1 = [[Australian Labor Party|Labor]] |
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|election1 = 26 July 2022 |
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|leader2_type = [[Leader of the Government in the Senate (Australia)|Leader of the Government]] |
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|leader2 = [[Penny Wong]] |
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|party2 = [[Australian Labor Party|Labor]] |
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|election2 = 1 June 2022 |
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|leader3_type = [[Manager of Government Business in the Senate|Manager of Government Business]] |
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|leader3 = [[Katy Gallagher]] |
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|party3 = [[Australian Labor Party|Labor]] |
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|election3 = 1 June 2022 |
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|leader4_type = [[Leader of the Opposition in the Senate (Australia)|Leader of the Opposition]] |
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|leader4 = [[Simon Birmingham]] |
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|party4 = [[Liberal Party of Australia|Liberal]] |
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|election4 = 5 June 2022 |
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|leader5_type = [[Manager of Opposition Business in the Senate|Manager of Opposition Business]] |
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|leader5 = [[Anne Ruston]] |
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|party5 = [[Liberal Party of Australia|Liberal]] |
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|election5 = 5 June 2022 |
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|members = 76 |
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|structure1 = File:2022 Election Australian Senate - Composition of Members.svg |
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|structure1_res = 255px |
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|political_groups1 = {{Composition of Australian Senate}} |
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|term_length = 6 years (state senators)<br>{{nowrap|3 years (territory senators)}} |
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|voting_system1 = [[Single transferable vote]] |
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|last_election1 = [[2022_Australian_Senate_election|21 May 2022]]<br />{{small|(Half Senate election)}} |
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|next_election1 = [[2025 Australian federal election|2025]] |
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|session_room = Australian Senate - Parliament of Australia.jpg |
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|meeting_place = Senate Chamber<br />[[Parliament House, Canberra|Parliament House]]<br />[[Canberra]], [[Australian Capital Territory]],<br />[[Australia]] |
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|website = {{URL|aph.gov.au/About_Parliament/Senate|Senate}} |
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}} |
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{{Politics of Australia sidebar}} |
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The '''Australian Senate''' is the [[upper house]] of the [[Bicameralism|bicameral]] [[Parliament of Australia]], the [[lower house]] being the [[Australian House of Representatives|House of Representatives]]. |
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See [[List of members of the Australian Senate]] |
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The powers, role and composition of the Senate are set out in Chapter I of the [[Constitution of Australia|federal constitution]] as well as federal legislation and [[Constitutional convention (political custom)|constitutional convention]]. There are a total of 76 senators: twelve are elected from each of the six [[states and territories of Australia|Australian states]], regardless of population, and two each representing the [[Australian Capital Territory]] (including the [[Jervis Bay Territory]] and [[Norfolk Island]]) and the [[Northern Territory]] (including the [[Australian Indian Ocean Territories]]). Senators are popularly elected under the [[single transferable vote]] system of [[proportional representation]]. [[Section 24 of the Constitution of Australia|Section 24]] of the Constitution provides that the House of Representatives shall have, as near as practicable, twice as many members as the Senate. |
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==Origins and Role== |
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The constitution grants the Senate nearly equivalent powers to the House of Representatives, with the exception that the Senate may not originate or amend [[money bill]]s, but only reject or defer them. According to convention, the Senate plays no role in the formation of the [[Australian Government|executive government]] and the [[prime minister of Australia|prime minister]] is drawn from the majority party or coalition in the House of Representatives. However, the government appoints a [[Leader of the Government in the Senate (Australia)|Senate leader]] and senators hold senior roles in the government as [[Minister of State (Australia)|ministers of state]] and members of [[Cabinet of Australia|cabinet]]. Senators from [[Opposition (Australia)|the opposition]] likewise serve in the [[Shadow ministry of Australia|shadow ministry]]. |
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The Australian Senate was created in, and part of, the new system of [[dominion]] government in the [[Commonwealth of Australia Constitution Act]], 1900. From a comparative governmental perspective, the Australian Senate is almost unique in that unlike the upper house in other [[Westminster system]] governments, the Senate is not a vestigal body with limited legislative power but rather plays and is intended to play an active role in legislation. Rather than being modelled after the [[House of Lords]] the Australian Senate was in part modelled after the [[United States Senate]] and was intended to give small rural states added voice in a Federal legislature, while also fulfilling the revising role of an upper house in the Westminster system. |
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The Senate elects one of its members to serve as [[President of the Senate (Australia)|president]], who exercises only an ordinary vote and has no [[casting vote]]. Since the late 20th century, it has been rare for governments to hold a majority in the Senate and the [[Balance of power (parliament)|balance of power]] has typically rested with [[Political parties in Australia|minor parties]] and [[Independent politician|independents]]. In practice, this means government bills cannot be assured of passage and regulations may be disallowed. The power to bring down the government and force elections by blocking [[Confidence and supply|supply]] also exists, as happened for the first and thus far only time during the [[1975 Australian constitutional crisis|1975 constitutional crisis]]. Since major reforms in 1970, the Senate's role as a house of review has increased with the expansion of its [[Australian Senate committees|committee system]]. |
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Although the [[Prime Minister of Australia|Prime Minister]] is answerable to, and selected from the [[Australian House of Representatives|House of Representatives]] (the "lower house"), other ministers are drawn from either house and the two houses have almost equal legislative power. As with most upper chambers in [[bicameral parliament|bicameral]] parliaments, it cannot introduce [[Appropriation Bill]]s or impose taxation, that role being reserved for the universally elected lower chamber. That degree of equality between the Australian Senate and House of Representatives is in part due to the age of the Australian constitution; it was enacted before the confrontation in [[1909]] between the [[Great Britain|British]] [[United Kingdom House of Commons|House of Commons]] and [[House of Lords]], over estate taxes, which ultimately resulted in the restrictions in the powers of the House of Lords in the [[Parliament Act]]. The Senate thus reflected the pre-1911 Lords-Commons relationship, namely a house with theoretically wide powers that are by convention not widely used, but which in a crisis could be. |
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Senators from states ordinarily serve six-year terms, with half of the Senate up for re-election at each [[Elections in Australia|federal election]] along with the entirety of the House of Representatives. However, there is no constitutional requirement that Senate and House elections occur at the same time; the last Senate-only and House-only elections occurred [[1970 Australian Senate election|in 1970]] and [[1972 Australian federal election|1972 respectively]]. The terms of senators from territories expire at the dissolution of the House of Representatives, typically at three-year intervals. [[Section 57 of the Constitution of Australia|Section 57]] of the constitution provides for a [[double dissolution]] as a mechanism to break deadlocks between the House and Senate, whereby the entire Senate is dissolved and all seats made vacant. |
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==Blocking Supply== |
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[[Casual vacancies in the Australian Parliament|Casual vacancies]] are filled by the relevant state or territory parliament, or by the corresponding state or territory government on an interim basis if the parliament is not in session. [[1977 Australian referendum (Senate Casual Vacancies)|A constitutional amendment]] passed in 1977 provides that casual vacancies must be filled by a member of the same political party as the previous senator. |
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However in one area it possesses a highly sensitive power, namely the right to withdraw or block [[Loss of Supply|Supply]], ie government control of exchequer funding. In most democracies, this power does not exist within upper houses. In the Australian case, probably due to its age and its pre-dating of the British [[Parliament Act]], 1911, that power, once possessed by the House of Lords, is still possessed by the Australian Senate. What it means is that in strict constitutional terms, the Government is ''also'' answerable to the Australian Senate, given that the loss of Supply in parliamentary democracies ''automatically'' requires the resignation of a government or ministry, or alternatively the calling of a general election, because without access to exchequer funding a government cannot function and would face bankruptcy. However, as in the [[United Kingdom]] prior to the 1909 clash over [[David Lloyd George]]'s budget between the [[United Kingdom House of Commons|House of Commons]] and [[House of Lords]], a general convention built up in which the upper house would not use its power to block exchequer funding, leaving that responsibility to the democratically representative lower house. Indeed to break convention in this area is sometimes described as a parliamentary ''nuclear option'' because of its political, financial and governmental impact. In 1975, in a dispute strikingly similar to Britain's 1909 clash (an upper House breaking convention by withdrawing Supply on the basis that it was reacting to a breach of another fundamental convention by the government - which the government denied) the Senate did refuse to pass a required financial measure, producing a 'nuclear'-style crisis which resulted in a stand off, a decision of the Prime Minister not to resign or seek a dissolution, and the eventual intervention of the Governor-General to withdraw the commission of the Australian Prime Minister (in effect dismissing him) and the appointment of a minority government from the opposition in the House of Representatives and the calling of a general election. |
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==Origins and role== |
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In practice, however, most legislation (except for "[[Private Member's Bill]]s") in the Australian Parliament is initiated by the Government, which has control over the lower house. It is then passed to the Senate, which may amend the bill or refuse to pass it. In the majority of cases, voting is along [[party lines]] (''see also'': [[conscience vote]]). |
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[[File:Australian Senate 1923.jpg|thumb|The Australian Senate in 1923]] |
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The [[Constitution of Australia]] established the Senate as the second chamber of the national parliament of the newly [[Federation of Australia|federated Australia]]. In contrast to countries employing a pure [[Westminster system]] the Senate plays an active role in legislation and is not merely a chamber of review. Instead of being modelled solely after the [[House of Lords]], as the [[Senate of Canada]] was, the Australian Senate was in part modelled after the [[United States Senate]], by giving equal representation to each state and almost equal powers with the lower house.<ref name="Part V">{{Cite web|url=http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=AFF6CA564BC3465AA325E73053DED4AA&_z=z#chapter-01_part-05_53|title=Part V - Powers of the Parliament|language=en-AU|access-date=13 May 2017|archive-date=5 May 2017|archive-url=https://web.archive.org/web/20170505192600/http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=AFF6CA564BC3465AA325E73053DED4AA&_z=z#chapter-01_part-05_53|url-status=live}}</ref><ref>{{cite book| last = Viglianti-Northway| first = Karena| title = The Intentions of the Framers of the Australian Constitution Regarding Responsible Government and Accountability of the Commonerslth Executive to the Australian Senate| publisher = University of Technology Sydney| year = 2020| url = https://opus.lib.uts.edu.au/bitstream/10453/140943/2/02whole.pdf| access-date = 5 September 2020| archive-date = 3 March 2021| archive-url = https://web.archive.org/web/20210303184433/https://opus.lib.uts.edu.au/bitstream/10453/140943/2/02whole.pdf| url-status = live}}</ref> This was done to give less populous states a real influence in the Parliament, while also maintaining the traditional review functions upper houses have in the Westminster system. This has led to the description of a "[[Westminster system#"Washminster system"|Washminster system]]" to describe the Australian political structure.<ref>{{Cite web |title=How have the British and US systems of government influenced the Australian government system? |url=https://peo.gov.au/understand-our-parliament/your-questions-on-notice/ |access-date=2023-12-05 |website=Parliamentary Education Office |language=en |archive-date=12 March 2023 |archive-url=https://webarchive.nla.gov.au/awa/20230312065832/https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/what-are-reserve-powers/ |url-status=live }}</ref><ref>{{cite journal |last=Thompson |first=Elaine |date=1980 |title=The "Washminster" Mutation |url=https://www.tandfonline.com/doi/abs/10.1080/00323268008401755 |journal=Australian Journal of Political Science |volume=15 |issue=2 |pages=32–40 |doi=10.1080/00323268008401755 |url-access=subscription |via=Taylor & Francis Online |doi-access= |access-date=17 December 2023 |archive-date=18 December 2023 |archive-url=https://web.archive.org/web/20231218151705/https://www.tandfonline.com/doi/abs/10.1080/00323268008401755 |url-status=live }}</ref><ref>{{Cite journal |last=Thompson |first=Elaine |date=2001 |title=The Constitution and the Australian System of Limited Government, Responsible Government and Representative Democracy: Revisiting the Washminster Mutation |url=https://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/UNSWLJ/2001/53.html |journal=University of New South Wales Law Journal |volume=24 |issue=3 |via=[[Austlii]] |access-date=17 December 2023 |archive-date=18 December 2023 |archive-url=https://web.archive.org/web/20231218151901/https://www.austlii.edu.au/cgi-bin/viewdoc/au/journals/UNSWLJ/2001/53.html |url-status=live }}</ref> |
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Although the [[Prime Minister of Australia|prime minister]] and [[Treasurer of Australia|treasurer]], by convention (though not legal requirement), are members of the House of Representatives (after [[John Gorton]] was appointed prime minister in 1968, he resigned from the Senate and was elected to the House), other ministers may come from either house,<ref name="senatebrief14">{{cite web |url=http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Senate_Briefs/Brief14 |title=No. 14 - Ministers in the Senate |date=December 2016 |website=Senate Briefs |publisher=Parliament of Australia |access-date=31 December 2016 |archive-date=31 December 2016 |archive-url=https://web.archive.org/web/20161231170531/http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Senate_Briefs/Brief14 |url-status=live }}</ref> and the two Houses have almost equal legislative power.<ref name="Part V"/> As with most upper chambers in [[bicameralism|bicameral parliament]]s, the Senate cannot introduce or amend [[appropriation bill]]s (bills that authorise government expenditure of public revenue) or bills that impose taxation, that role being reserved for the lower house; it can only approve, reject or defer them (as famously occurred in the lead up to [[1975 Australian constitutional crisis|the Dismissal]]). That degree of equality between the Senate and House of Representatives reflects the desire of the Constitution's authors to prevent the more populous states totally dominating the legislative process. |
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==Where both Houses disagree== |
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In practice, however, most legislation (except for [[private member's bill]]s) in the Australian Parliament is initiated by the government, which has control over the lower house. It is then passed to the Senate, which has the opportunity to amend the bill, pass or reject it. In the majority of cases, voting takes place along [[Party line (politics)|party lines]], although there are occasional [[conscience vote]]s. |
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There are detailed conventions and rules regarding situations in which the Senate and the House disagree. If the Senate repeatedly refuses to pass legislation initated in the lower house, the Government may either abandon the bill, continue to revise it, or call a [[double dissolution]] (election for both houses of Parliament) and attempt to pass the bill at a subsequent [[Joint sitting of Parliament|joint sitting]] of the two houses. |
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The Senate maintains [[Australian senate committees|a number of committees]], which engage in a wide variety of inquiries. The results have no direct legislative power, but are valuable forums that raise many points of view that would otherwise not receive government or public notice.<ref>{{Cite web |last= |first= |title=Information on Senate Committees |url=https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Getting_involved |access-date=2024-03-02 |website=Parliament of Australia |language=en-AU |archive-date=2 March 2024 |archive-url=https://web.archive.org/web/20240302224501/https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Getting_involved |url-status=live }}</ref> |
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==Voting System== |
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[[File:Senate, Old Parliament House, Canberra.JPG|thumb|The Senate chamber at [[Old Parliament House, Canberra]], where the Parliament met between 1927 and 1988.]] |
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The voting system for the Senate has changed twice since it was created. The original arrangement was a [[First Past the Post electoral system|first past the post]] [[block voting]] mechanism. In 1919, it was changed to preferential block voting. Block voting tended to grant landslide majorities very easily. In 1946, the [[Australian Labor Party]] government won 30 out of the 33 Senate seats. In 1948, partially in response to this extreme situation, they introduced [[proportional representation]] in the Senate. |
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==Electoral system== |
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==The 'Unrepresentative' House== |
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{{see also|Electoral system of Australia}} |
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The system for electing senators has changed several times since [[Federation of Australia|Federation]]. The original arrangement involved a [[first-past-the-post voting|first-past-the-post]] and [[Plurality-at-large voting|block voting]] system, on a state-by-state basis. This was replaced in 1919 by [[preferential block voting]]. Block voting tended to produce [[Landslide victory|landslide]] majorities. For instance, from 1920 to 1923 the [[Nationalist Party (Australia)|Nationalist Party]] held all but one of the 36 seats, and from 1947 to 1950, the [[Australian Labor Party]] held all but three. |
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In 1948, [[single transferable vote]] with [[proportional representation]] on a state-by-state basis became the method for electing senators. At this time the number of senators was expanded from 36 to 60 and it was argued that a move to proportional representation was needed to even up the balance between both major parties in the chamber. The change in voting systems has been described as an "institutional revolution" that has had the effect of limiting the government's ability to control the chamber, as well as helping the rise of Australian minor parties.<ref>{{cite book | author1 = Sawer, Marian | author2 = Miskin, Sarah | name-list-style = amp | title = Papers on Parliament No. 34 Representation and Institutional Change: 50 Years of Proportional Representation in the Senate | publisher = Department of the Senate | year = 1999 | url = https://www.aph.gov.au/binaries/senate/pubs/pops/pop34/pop34.pdf | isbn = 0-642-71061-9 | access-date = 21 September 2020 | archive-date = 3 October 2020 | archive-url = https://web.archive.org/web/20201003050519/https://www.aph.gov.au/binaries/senate/pubs/pops/pop34/pop34.pdf | url-status = live }}</ref><ref name = "electing" /> |
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As a body intended to provide greater representation to smaller states, the Senate (like many upper houses) is necessarily relatively unrepresentative; [[Tasmania]], with a population of 450,000, elects the same number of Senators as [[New South Wales]], which has a population of 6 million. [[Paul Keating]] called it an "unrepresentative swill". But the proportional election system within each state ensures that Senate is much more diverse than the lower house, which is basically a [[Two-party system|two party]] body. Because of this the Senate frequently functions as a [[revising chamber]], intended not to match party political strength in the lower chamber but to bring in ''different'' people, in terms of geography, age and interests, who can contribute in a less politicised manner to the process of legislative enactment. |
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The [[1984 Australian federal election|1984 election]] saw the introduction of [[group voting tickets in Australia|group ticket voting]], in order to reduce a high rate of informal voting that arose from the requirement that each candidate be given a preference, and to allow small parties and independent candidates a reasonable chance of winning a seat. This allowed voters to select a single party to distribute their preferences on their behalf (voting "above the line"), but voters were still able to vote directly for individual candidates and distribute their own preferences if they wished (voting "below the line") by numbering every box.<ref name="Antony Green">{{cite web |url=https://www.abc.net.au/news/2015-09-23/the-origin-of-senate-group-ticket-voting-and-it-didnt-come-from-/9388658 |title=The Origin of Senate Group Ticket Voting, and it didn't come from the Major Parties |author=[[Antony Green]] |date=23 September 2015 |publisher=ABC |access-date=20 March 2016 |archive-date=24 February 2021 |archive-url=https://web.archive.org/web/20210224224830/https://www.abc.net.au/news/2015-09-23/the-origin-of-senate-group-ticket-voting-and-it-didnt-come-from-/9388658 |url-status=live }}</ref> Following 1981, [[Australian Government|the government]] has only had a majority in the Senate from 2005–2007; otherwise, negotiations with other parties and independents have generally been necessary to pass legislation.<ref>{{cite book|last1=Williams|first1=George|last2=Brennan|first2=Sean|last3=Lynch|first3=Andrew|title=Blackshield and Williams Australian constitutional law and theory : commentary and materials|date=2014|publisher=Federation Press|location=Annandale, NSW|isbn=9781862879188|page=415|edition=6th}}</ref> |
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==Size== |
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Group tickets were abolished in advance of the [[2016 Australian federal election|2016 election]] to reduce the number of senators of elected with a very small number of first preference votes as a result of the candidates of these micro-parties preferencing each other.<ref name="ABC">{{cite web|url=http://www.abc.net.au/news/2016-04-26/aec-advertising-campaign-on-way-senators-are-elected/7356308|title=Senate voting changes explained in AEC advertisements|date=26 April 2016|website=abc.net.au|access-date=9 August 2018|archive-date=6 May 2016|archive-url=https://webarchive.nla.gov.au/awa/20160506235022/http://pandora.nla.gov.au/pan/158025/20160507-0003/www.abc.net.au/news/2016-04-26/aec-advertising-campaign-on-way-senators-are-elected/7356308.html|url-status=live}}</ref> In the place of group tickets, a form of [[optional preferential voting]] was introduced. As a result of the changes, voters may now assign their preferences for parties above the line (numbering as many boxes as they wish), or individual candidates below the line, and are not required to fill all of the boxes. Both above and below the line voting now use [[optional preferential voting]]. For above the line, voters are instructed to number at least their first six preferences; however, a "savings provision" is in place to ensure that ballots will still be counted if less than six are given. For below the line, voters are required to number at least their first 12 preferences. Voters are free to continue numbering as many preferences as they like beyond the minimum number specified. Another savings provision allows ballot papers with at least 6 below the line preferences to be formal. The voting changes make it more difficult for new small parties and independent candidates to be elected to the Senate, but also allow a voter to voluntarily exhaust preferences — that is, to ensure their vote cannot flow to specific candidates or parties — if none of the voter's candidate preferences are elected.<ref>{{cite web |url=https://theconversation.com/explainer-how-does-preferential-voting-work-in-the-senate-116347 |title=Explainer: how does preferential voting work in the Senate? |author=Stephen Morey |date=2 May 2019 |publisher=The Conversation |access-date=27 November 2019}}</ref> |
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The size of the Senate has changed over the years. The [[Commonwealth of Australia Constitution Act|Australian Constitution]] requires that the Senate be as near as possible to half of the size of the House of Representatives, and it has therefore grown periodically. Currently, each of the six States of Australia has 12 Senators, while the [[Northern Territory]] and the [[Australian Capital Territory]] have two each. Normally, half of the Senate is contested at each election, for terms of up to six years, but during a [[double dissolution]], every seat faces re-election. |
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The changes were subject to a challenge in front of [[High Court of Australia]] by sitting South Australian Senator [[Bob Day]] of the [[Family First Party]]. The senator argued that the changes meant the senators would not be "directly chosen by the people" as required by the constitution. The High Court rejected Day's challenge unanimously, deciding that both above the line and below the line voting were consistent with the constitution.<ref>{{cite news |url=https://www.theguardian.com/australia-news/2016/may/13/high-court-rejects-bob-day-appeal-and-finds-senate-voting-changes-are-legal |title=High court rejects Bob Day appeal and finds Senate voting changes are legal |work=[[The Guardian]] |date=13 May 2016}}</ref><ref name=2016DAY>''Day v Australian Electoral Officer for the State of South Australia'' {{Cite AustLII|HCA|20|2016}}</ref> |
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==Significant moments== |
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===Ballot paper=== |
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Significant events in the history of the Senate include its role in the downfall of the [[Gough Whitlam|Whitlam Government]] during [[Australian Constitutional Crisis of 1975]], and the [[John Howard|Howard Government]]'s controversial acquisition of the support of Senator [[Mal Colston]], thus obtaining a majority and enabling the passage of a great deal of disputed legisaltion. |
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The Australian Senate voting paper under the single transferable vote proportional representation system resembles the following example (shown in two parts), which shows the candidates for [[Victoria (Australia)|Victorian]] senate representation in the [[2016 Australian federal election|2016 federal election]]. |
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[[File:Victorian-senate-paper-folded-01.png|640x640px|thumb|center|Senate ballot paper used in Victoria for 2016]] |
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==Parties in the Australian Senate== |
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To vote correctly, electors must either: |
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Parties which currently have representation in the Senate: |
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* Vote for at least six parties above the thick black line, by writing the numbers 1-6 in party boxes. Votes with fewer than six boxes numbered are still admitted to the count through savings provisions. |
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[[Australian Democrats]], [[Australian Greens]], [[Australian Labor Party]], [[Liberal Party of Australia]], [[National Party of Australia]], [[One Nation Party|One Nation]]. |
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* Vote for at least twelve candidates below the thick black line, by writing the numbers 1-12 in the individual candidates' boxes. Votes with between six and twelve boxes numbered are still admitted to the count through savings provisions.<ref>{{cite web |url=https://www.aec.gov.au/Voting/How_to_Vote/Voting_Senate.htm |title=Voting in the Senate |date=4 January 2019 |publisher=[[Australian Electoral Commission]] |access-date=27 November 2019 |archive-date=27 February 2020 |archive-url=https://web.archive.org/web/20200227041513/https://aec.gov.au/Voting/How_to_Vote/Voting_Senate.htm |url-status=live }}</ref> |
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Because each state elects six senators at each half-Senate election, the quota for election is only one-seventh or 14.3% (one third or 33.3% for territories, where only two senators are elected). Once a candidate has been elected with votes reaching the quota amount, any votes they receive in addition to this may be distributed to other candidates as preferences, if there are still open seats to fill. |
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Parties which have been represented in the past: |
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[[Democratic Labor Party]], [[Nuclear Disarmament Party]]... [free traders, protectionists, early incarnations of the liberal and national parties...] |
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With an odd number of seats in a half-Senate election (3 or 5), 50.1% of the vote wins a majority (2/3) or (3/5). |
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The Australian Senate is the model of some in Canada, particularly in the Western provinces, who wish to reform the [[Canadian Senate]] to take a much more active legislative role. |
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With an even number of seats in a half-Senate election (6), 57.1% of the vote is needed to win a majority of seats (4/6). |
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''See also'': [[Australian House of Representatives]], [[List of longest-serving members of the Australian Senate ]] |
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The ungrouped candidates in the far right column do not have a box above the line. Therefore, they can only get a primary (number 1) vote from electors who vote below the line. For this reason, some independents register as a group, either with other independents or by themselves, such as group B in the above example. |
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== References == |
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*John Uhr, ''[http://www.anu.edu.au/pubpol/Discussion%20Papers/dp_69.html The Senate and Proportional Representation: Public policy justifications of minority representation]'', Working Paper no. 69, Graduate Program in Public Policy, Australian National University, 1999. |
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Names of parties can be shown only if the parties are registered, which requires, among other things, a minimum of 1,500 members. |
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==External links== |
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*[http://www.aph.gov.au/Senate/general/index.htm Official website] |
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=== Order of parties === |
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The order of parties on the ballot papers and the order of ungrouped candidates are determined by a random ballot conducted by the [[Australian Electoral Commission]]. |
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=== Deposit === |
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Candidates, parties and groups pay a deposit of $2,000 per candidate, which is forfeited if they fail to achieve 4% of the primary vote.<ref>{{cite web |url=https://www.aec.gov.au/Elections/candidates/ |title=Candidate information |date=17 October 2019 |publisher=[[Australian Electoral Commission]] |access-date=27 November 2019 |archive-date=19 June 2020 |archive-url=https://web.archive.org/web/20200619202357/https://www.aec.gov.au/Elections/candidates/ |url-status=live }}</ref> |
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=== Public subsidy === |
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Candidates, parties and groups earn a public subsidy if they gain at least 4% of the primary vote. At the 2019 federal election, funding was $2.756 per formal first preference vote.<ref>{{cite web |url=https://www.aec.gov.au/Parties_and_Representatives/public_funding/index.htm |title=Election funding |date=11 June 2019 |publisher=[[Australian Electoral Commission]] |access-date=27 November 2019 |archive-date=16 October 2019 |archive-url=https://web.archive.org/web/20191016054034/https://www.aec.gov.au/Parties_and_Representatives/public_funding/index.htm |url-status=live }}</ref> |
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==Membership== |
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Under sections 7 and 8 of the Australian Constitution:<ref>{{cite web|url=http://www.aph.gov.au/Senate/pubs/odgers/chap0402.htm |title=Chapter 4, Odgers' Australian Senate Practice |publisher=Aph.gov.au |date=2 February 2010 |access-date=17 July 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110321210201/http://www.aph.gov.au/senate/pubs/odgers/chap0402.htm |archive-date=21 March 2011 |df=dmy }}</ref> |
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* The Senate must comprise an equal number of senators from each original state, |
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* each original state shall have at least six senators, and |
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* the Senate must be elected in a way that is not discriminatory among the states. |
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These conditions have periodically been the source of debate, and within these conditions, the composition and rules of the Senate have varied significantly since federation. |
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===Size and nexus=== |
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Under [[Section 24 of the Constitution of Australia|Section 24 of the Constitution]], the number of members of the House of Representatives has to be "as nearly as practicable" double the number of senators. |
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The reasons for the nexus are twofold: a desire to maintain a constant influence for the smaller states, and maintain a constant balance of the two Houses in the event of a joint sitting after a double dissolution. A [[1967 Australian referendum (Parliament)|referendum in 1967]] to eliminate the nexus was rejected. |
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The size of the Senate has changed over the years. The Constitution originally provided for six senators for each state, resulting in a total of 36 senators. |
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The Constitution permits the Parliament to increase the number of senators, provided that equal numbers of senators from each original state are maintained; accordingly, in 1948, Senate representation was increased from 6 to 10 senators for each state, increasing the total to 60. |
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In 1975, the two territories, the [[Northern Territory]] and the [[Australian Capital Territory]], were given an entitlement to elect two senators each for the first time, bringing the number to 64.<ref>{{Cite Legislation AU|Cth|num_act|sota1973408|Senate (Representation of Territories) Act 1973}}</ref> The senators from the Northern Territory also represent constituents from Australia's Indian Ocean Territories ([[Christmas Island]] and the [[Cocos (Keeling) Islands]]), while the senators from the Australian Capital Territory also represent voters from the [[Jervis Bay Territory]] and since 1 July 2016, [[Norfolk Island]].<ref>{{cite web |url=http://www.aec.gov.au/Enrolling_to_vote/special_category/Norfolk_Island_electors.htm |title=Norfolk Island Electors |publisher=Australian Electoral Commission |date=2016 |access-date=6 August 2016 |archive-date=15 June 2016 |archive-url=https://webarchive.nla.gov.au/awa/20160615042855/http://www.aec.gov.au/Enrolling_to_vote/Special_Category/Norfolk_Island_electors.htm |url-status=live }}</ref> |
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The latest expansion in Senate numbers took place in 1984, when the number of senators from each state was increased from 10 to 12, resulting in a total of 76 senators.<ref name = "electing">Department of the Senate, ''Senate Brief'' No. 1, [http://www.aph.gov.au/Senate/pubs/briefs/brief01.htm 'Electing Australia's Senators'] {{webarchive |url=https://web.archive.org/web/20070829204046/http://www.aph.gov.au/Senate/pubs/briefs/brief01.htm |date=29 August 2007 }}. Retrieved August 2007.</ref> |
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===Term=== |
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Senators normally serve fixed six-year terms (from 1 July to 30 June). At most federal elections, the seats of 40 of the 76 senators (half of the 72 senators from the six states and all four of the senators from the territories) are contested, along with the entire House of Representatives; such an election is sometimes known as a half-Senate election. The seats of senators representing states elected at a half-Senate election are not contested at the next election, provided it is a half-Senate election. However, under some circumstances, the entire Senate (and the House of Representatives) is dissolved, in what is known as a [[double dissolution]]. Following a double dissolution, half the senators representing states serve terms ending on the third 30 June following the election (two to three years) and the rest serve a five to six-year term. [[Section 13 of the Constitution of Australia#Allocation of terms|Section 13 of the Constitution]] requires the Senate to allocate long and short terms amongst its members. The term of senators representing a territory expires at the same time as there is an election for the House of Representatives.<ref>{{Cite Legislation AU|Cth|act|coaca430|Commonwealth of Australia Constitution Act|13}}</ref> |
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Section 13 of the Constitution requires that in half-Senate elections, the election of State senators shall take place within one year before the places become vacant. The actual election date is determined by the Governor of each State, who acts on the advice of the State Premier. The Governors almost always act on the recommendation of the Governor-General, with the last independent Senate election writ being issued by the Governor of Queensland during the [[Gair Affair]] in 1974. |
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Slightly more than half of the Senate is contested at each general election (half of the 72 state senators, and all four of the territory senators), along with the entire House of Representatives. Except in the case of a [[double dissolution]], senators for the states are elected for fixed terms of six years, commencing on 1 July following the election, and ceasing on 30 June six years later. |
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The term of the four senators from the territories is not fixed, but is defined by the dates of the general elections for the House of Representatives, the period between which can vary greatly, to a maximum of three years and three months. Territory senators commence their terms on the day that they are elected. Their terms expire the day prior to the following general election day.<ref>{{Cite Legislation AU|Cth|num_act|sota1973408|Senate (Representation of Territories) Act 1973|6}}</ref> |
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While there is no constitutional requirement for the election of senators to take place at the same time as those for members of the House of Representatives, the government usually synchronises the dates of elections for the Senate and House of Representatives. However, because their terms do not coincide, the incoming Parliament will for some time comprise the new House of Representatives and the old Senate, except for the senators representing the territories, until the new senators start their term on the next 1 July. |
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Following a double dissolution, all 76 senators face re-election. If there is an early House election outside the 12-month period in which Senate elections can occur, the synchronisation of the election will be disrupted, and there can be half-Senate elections without a concurrent House election. The last time this occurred was on [[1970 Australian Senate election|21 November 1970]]. |
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===Quota size=== |
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The number of votes that a candidate must receive to be elected to the senate is referred to as a "quota". The quota is worked out by dividing the number of formal votes by one more than the number of vacancies to be filled and then adding one to the result.<ref>{{Citation |title=The Senate count process |url=https://aec.gov.au/Voting/counting/files/senate-count-process.pdf |type=Pamphlet |archive-url=https://web.archive.org/web/20200325041928/https://aec.gov.au/Voting/counting/files/senate-count-process.pdf |publisher=Australian Electoral Commission |archive-date=25 March 2020}}</ref> The 2019 senate election was a half senate election, so 6 senate vacancies were contested in each state. At this election, the quotas in each state were: |
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{| class="wikitable" |
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|- |
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! State !! 2019 quota !! % of the NSW 2019 quota !! 2016 double dissolution quota<ref>{{Cite web |date=9 August 2016 |title=Senate quota |url=https://results.aec.gov.au/20499/Website/SenateStateProvisionalQuota-20499.htm |url-status=live |archive-url=https://web.archive.org/web/20160921065032/http://results.aec.gov.au/20499/Website/SenateStateProvisionalQuota-20499.htm |archive-date=21 September 2016 |access-date=21 March 2022 |website=Australian Electoral Commission Tally Room - 2016 Federal Election |publisher=Australian Electoral Commission}}</ref> |
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|- |
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| NSW || 670,761 || 100% || 345,554 |
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|- |
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| Vic || 534,207 || 80% || 269,250 |
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|- |
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| Qld || 414,495 || 62% || 209,475 |
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|- |
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| WA || 206,661 || 31% || 105,091 |
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|- |
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| SA || 156,404 || 23% || 81,629 |
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|- |
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| Tas || 50,285 || 7% || 26,090 |
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|} |
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===Proportional representation of the states vs one vote one value=== |
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Each state elects the same number of senators, meaning there is equal representation for each of the Australian states, regardless of population, so the Senate, like many upper Houses, does not adhere to the principle of [[one vote one value]]. [[Tasmania]], with a population of around 500,000, elects the same number of senators as [[New South Wales]], which has a population of more than 8 million. Because of this imbalance, governments favoured by the more populous states are occasionally frustrated by the extra power the smaller states have in the Senate, to the degree that former Prime Minister [[Paul Keating]] famously referred to the Senate's members as "unrepresentative swill".<ref>{{Cite Hansard |quote=We have set up a system since then which has put the globals back in place. We roped into the globals such things as operating leases. We have got enhanced reporting standards on all State Budgets so that they are the same, as the Statistician would require for the compilation of national statistics. We have dealt with people who want to erode the globals, as I did with Victoria when I was Treasurer under the VEDC. When the then Premier, Mr Cain, sought to imply that equity should become debt, I made him unwind the arrangements. But one Treasurer borrows and turns a short term borrowing into a medium term borrowing—no more money is borrowed; a short term borrowing just becomes a medium term borrowing—without telling our Treasurer and our Treasurer immediately responds and tells him he has to regularise it and you, who let 75 per cent of borrowings run everywhere, have the gall to get up and talk about the Loan Council and to set up a Senate committee. Then you want a Minister from the House of Representatives chamber to wander over to the unrepresentative chamber and account for himself. You have got to be joking. Whether the Treasurer wished to go there or not, I would forbid him going to the Senate to account to this unrepresentative swill over there— |archive-date=13 September 2024 |archive-url=https://web.archive.org/web/20240913094740/https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F1992-11-04%2F0025%22 |jurisdiction=Parliament of Australia |house=House of Representatives |hansard=House Hansard |position=Prime Minister |speaker=Paul Keating |url-status=live |page=2547 |date=4 Nov 1992 |title=Questions without notice: Loan council arrangements |url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F1992-11-04%2F0025%22 }}</ref> |
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{| class="wikitable" |
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|- |
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! State/Territory/Commonwealth !! 2021 Census population<ref>{{Cite web |date=28 June 2022 |title=Population: Census |url=https://www.abs.gov.au/statistics/people/population/population-census/2021 |url-status=live |archive-url=https://web.archive.org/web/20240219235324/https://www.abs.gov.au/statistics/people/population/population-census/latest-release |archive-date=19 February 2024 |access-date=7 March 2024 |website=Australian Bureau of Statistics - Population: Census 2021}}</ref><ref>{{Census 2021 AUS |id=SAL90004 |quick=on |name=Norfolk Island |access-date=7 March 2024}}</ref><ref>{{Census 2021 AUS |id=LGA51710 |name=Christmas Island |quick=on |access-date=7 March 2024}}</ref><ref>{{Census 2021 AUS |id=SAL90003 |name=Jervis Bay |quick=on |access-date=7 March 2024}}</ref><ref>{{Census 2021 AUS |quick=on |id=901021002 |name=Cocos (Keeling) Islands |access-date=7 March 2024}}</ref>!! Population per senator |
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|- |
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| [[New South Wales]] || 8,339,347 || 694,945 |
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|- |
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| [[Victoria (state)|Victoria]] || 6,503,491 || 541,957 |
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|- |
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| [[Queensland]] || 5,156,138 || 429,678 |
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|- |
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| [[Western Australia]] || 2,660,026 || 221,668 |
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|- |
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| [[South Australia]] || 1,781,516 || 148,459 |
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|- |
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| [[Tasmania]] || 557,571 || 46,464 |
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|- |
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| [[Northern Territory]] (including [[Christmas Island]] and [[Cocos (Keeling) Islands]]) || 234,890 || 117,445 |
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|- |
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| [[Australian Capital Territory]] (including [[Jervis Bay Territory]] and [[Norfolk Island]]) || 456,687 || 228,343 |
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|- |
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| [[Australia]] || 25,422,788 || 334,510 |
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|} |
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The proportional election system within each state ensures that the Senate incorporates more political diversity than the lower house ([[Australian House of Representatives|House of Representatives]]), which has historically been a [[Two-party system|two party]] body. The elected membership of the Senate more closely reflects the first voting preference of the electorate as a whole than does the composition of the House of Representatives, despite the large discrepancies from state to state in the ratio of voters to senators.<ref>{{Cite journal|last=Lijphart|first=Arend|date=1 November 1999|title=Australian Democracy: Modifying Majoritarianism?|journal=Australian Journal of Political Science|volume=34|issue=3|pages=313–326|doi=10.1080/10361149950254|issn=1036-1146}}</ref><ref>{{cite conference|url=http://www.aph.gov.au/Senate/pubs/pops/pop34/a01.pdf|title=Overview: Institutional Design and the Role of the Senate|last1=Sawer|first1=Marian|conference=Representation and Institutional Change: 50 Years of Proportional Representation in the Senate|volume=34|editor=Marian Sawer |editor2=Sarah Miskin|date=1999|pages=1–12|archive-url=https://web.archive.org/web/20110117111841/http://aph.gov.au/Senate/pubs/pops/pop34/a01.pdf|archive-date=17 January 2011|url-status=dead|df=dmy-all}}</ref><ref>{{Cite news|url=https://theconversation.com/just-how-representative-are-the-houses-of-parliament-of-how-australians-vote-62160|title=Just how representative are the houses of parliament of how Australians vote?|last=Trudgian|first=Tim|work=The Conversation|access-date=2018-05-30|language=en|archive-date=21 September 2018|archive-url=https://web.archive.org/web/20180921125212/https://theconversation.com/just-how-representative-are-the-houses-of-parliament-of-how-australians-vote-62160|url-status=live}}</ref> This often means that the composition of the Senate is different from that of the House of Representatives, contributing to the Senate's function as a [[Upper house|house of review]]. |
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With proportional representation, and the small majorities in the Senate compared to the generally larger majorities in the House of Representatives, and the requirement that the number of members of the House be "nearly as practicable" twice that of the Senate, a joint sitting after a double dissolution is more likely than not to lead to a victory for the House over the Senate. When the Senate had an odd number of senators retiring at an election (3 or 5), 51% of the vote would lead to a clear majority of 3 out of 5 per state. With an even number of senators retiring at an election, it takes 57% of the vote to win 4 out of 6 seats, which may be insurmountable. This gives the House an advantage in joint sittings but not in ordinary elections, where the Senate may be too evenly balanced to get House legislation through. |
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A party does not need the support of the Senate to form government (needing only a majority in the House of Representatives), however the Senate can block supply, effectively preventing the government from lawfully spending money. Whether a government facing a Senate that blocks [[Confidence and supply|supply]] is obliged to either resign or call an election was one of the major disputes of the [[1975 Australian constitutional crisis|1975 constitutional crisis]]. However, even where the Senate does not block supply, they can still use their power to frustrate the legislative agenda of the government. |
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===Parties=== |
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The overwhelming majority of senators have always been elected as representatives of political parties. Parties which currently have representation in the Senate are: |
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* [[Coalition (Australia)|The Coalition]] – [[Liberal Party of Australia]], [[National Party of Australia]], [[Liberal National Party of Queensland]] and [[Country Liberal Party]] |
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* [[Australian Labor Party]] |
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* [[Australian Greens]] |
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* [[Pauline Hanson's One Nation]] |
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* [[United Australia Party (2013)|United Australia Party]] |
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* [[Jacqui Lambie Network]] |
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* [[Australia's Voice]] |
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Other parties that have achieved Senate representation in the past include the [[Australian Conservatives]] (2017-2019), [[Derryn Hinch's Justice Party]] (2016-2019), [[Family First Party]](2005-2011,2014-2016), [[Australian Democrats]] (1977-2008), [[Palmer United Party]], [[Australian Motoring Enthusiast Party]] (2014-2016), [[Nuclear Disarmament Party]], [[Liberal Movement (Australia)|Liberal Movement]], [[Liberal Democratic Party (Australia)|Liberal Democratic Party]] (2014-2019) and [[Democratic Labor Party (Australia, 1955)|Democratic Labour Party]] (1955-1974). |
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Due to the need to obtain votes statewide, [[Independent politicians in Australia|independent candidates]] have difficulty getting elected. The exceptions in recent times have been elected in less populous States — the former Tasmanian Senator [[Brian Harradine]] and the former South Australian Senator [[Nick Xenophon]]. [[David Pocock]] was also elected to represent the ACT at the 2022 election. It is less uncommon for a senator initially elected representing a party to become an independent, most recently in the cases of Senator [[Lucy Gichuhi]] not joining the Conservatives following its merger with Family First, Senators [[Rod Culleton]] and [[Fraser Anning]] resigning from One Nation, Senator [[Steve Martin (Tasmanian politician)|Steve Martin]] being expelled from the Jacqui Lambie Network, and Lidia Thorpe resigning from the Australian Greens. |
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The Australian Senate serves as a model for some politicians in Canada, particularly in the Western provinces, who wish to reform the [[Senate of Canada|Canadian Senate]] so that it takes a more active legislative role.<ref>Ted Morton, [http://www.aph.gov.au/About_Parliament/Senate/Research_and_Education/pops/pop39/morton 'Senate Envy: Why Western Canada Wants What Australia Has'] {{webarchive |url=https://web.archive.org/web/20130514175438/http://www.aph.gov.au/About_Parliament/Senate/Research_and_Education/pops/pop39/morton |date=14 May 2013 }}, ''Senate Envy and Other Lectures in the Senate Occasional Lecture Series, 2001–2002'', Department of the Senate, Canberra.</ref> |
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There are also small factions in the United Kingdom (both from the right and left) who wish to the see the House of Lords take on a structure similar to that of the Australian Senate.<ref>{{cite book| last = Renwick| first = Alan| title = House of Lords Reform: A Briefing Paper | publisher = Political Studies Association| year = 2011| url = https://www.psa.ac.uk/sites/default/files/HL%20Reform%20briefing%20paper.pdf}}</ref> |
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===Casual vacancies=== |
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{{see also|Casual vacancies in the Australian Parliament|List of Australian Senate appointments}} |
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Section 15 of the Constitution provides that a [[Casual vacancies in the Australian Parliament|casual vacancy]] of a State senator shall be filled by the State Parliament.<ref>{{Cite Legislation AU|Cth|act|coaca430|Commonwealth of Australia Constitution Act|15}}</ref> If the previous senator was a member of a particular political party the replacement must come from the same party, but the State Parliament may choose not to fill the vacancy, in which case Section 11 requires the Senate to proceed regardless. If the State Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the State Governor can appoint someone to fill the place until fourteen days after the State Parliament resumes sitting.<ref>{{Cite Legislation AU|Cth|act|coaca430|Commonwealth of Australia Constitution Act|11}}</ref> |
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== Procedure == |
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[[File:Senate panorama.jpg|thumb|upright=1.9|The Australian Senate]] |
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=== Work === |
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The Australian Senate typically sits for 50 to 60 days a year.{{efn|Figures are available for each year on the Senate StatsNet.}} Most of those days are grouped into 'sitting fortnights' of two four-day weeks. These are in turn arranged in three periods: the autumn sittings, from February to April; the winter sittings, which commence with the delivery of the budget in the House of Representatives on the first sitting day of May and run through to June or July; and the spring sittings, which commence around August and continue until December, and which typically contain the largest number of the year's sitting days. |
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The senate has a regular schedule that structures its typical working week.<ref>{{cite web |url=http://www.aph.gov.au/Senate/work/routineofbus.htm |title=Senate weekly routine of business |author=<!--Staff writer(s); no by-line.--> |date=7 November 2011 |publisher=Australian Senate |archive-url=https://web.archive.org/web/20120126125039/http://www.aph.gov.au/Senate/work/routineofbus.htm |archive-date=26 January 2012}}</ref> |
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====Dealing with legislation==== |
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All [[bill (law)|bills]] must be passed by a majority in both the House of Representatives and the Senate before they become law. Most bills originate in the House of Representatives, and the great majority are introduced by the government. |
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The usual procedure is for notice to be given by a government minister the day before the bill is introduced into the Senate. Once introduced the bill goes through several stages of consideration. It is given a [[reading (legislature)|first reading]], which represents the bill's formal introduction into the chamber. |
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<blockquote>The [[Reading (legislature)|first reading]] is followed by debate on the principle or policy of the bill (the second reading debate). Agreement to the bill in principle is indicated by a second reading, after which the detailed provisions of the bill are considered by one of a number of methods (see below). Bills may also be referred by either House to their specialised standing or select committees. Agreement to the policy and the details is confirmed by a third and final reading. These processes ensure that a bill is systematically considered before being agreed to.<ref>Australian Senate, [http://www.aph.gov.au/Senate/pubs/briefs/brief08.htm 'The Senate and Legislation'] {{webarchive |url=https://web.archive.org/web/20080924114919/http://www.aph.gov.au/Senate/pubs/briefs/brief08.htm |date=24 September 2008 }}, ''Senate Brief'', No. 8, 2008, Department of the Senate, Canberra.</ref></blockquote> |
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The Senate has detailed rules in its standing orders that govern how a bill is considered at each stage.<ref>Australian Senate, [http://www.aph.gov.au/Senate/pubs/guides/briefno09.htm 'Consideration of legislation'] {{webarchive|url=https://web.archive.org/web/20080926083250/http://www.aph.gov.au/Senate/pubs/guides/briefno09.htm |date=26 September 2008 }}, ''Brief Guides to Senate Procedure'', No. 9, Department of the Senate, Canberra.</ref> This process of consideration can vary greatly in the amount of time taken. Consideration of some bills is completed in a single day, while complex or controversial legislation may take months to pass through all stages of Senate scrutiny. The Constitution provides that if the Senate vote is equal, the question shall pass in the negative.<ref name="Con23">{{Cite Legislation AU|Cth|act|coaca430|Commonwealth of Australia Constitution Act|23}}</ref> |
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====Committees==== |
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{{Main|Australian Senate committees}} |
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[[Image:AustralianSenateCommitteeRm.JPG|thumb|alt=A meeting room containing a large horseshoe-shaped desk, with red leather office chairs surrounding its outside edge, a microphone mounted in the desk in front of each chair|A Senate committee room in Parliament House, Canberra]] |
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[[File:Australian Parliament Parliamentary Committees.webm|thumb|left|A short video on Australian Parliamentary Committees]] |
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In addition to the work of the main chamber, the Senate also has a large number of [[Australian Senate committees|committees]] which deal with matters referred to them by the Senate. These committees also conduct hearings three times a year in which the government's budget and operations are examined. These are known as estimates hearings. Traditionally dominated by scrutiny of government activities by non-government senators, they provide the opportunity for all senators to ask questions of ministers and public officials. This may occasionally include government senators examining activities of independent publicly funded bodies, or pursuing issues arising from previous governments' terms of office. There is however a convention that senators do not have access to the files and records of previous governments when there has been an election resulting in a change in the party in government. Once a particular inquiry is completed the members of the committee can then produce a report, to be tabled in Parliament, outlining what they have discovered as well as any recommendations that they have produced for the Government to consider.<ref name = "odgcom">{{cite web |url=http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice/Chapter_16 |title=Odgers' Australian Senate Practice Fourteenth Edition Chapter 16 - Committees |date=2017 |access-date=19 March 2017 |archive-date=20 March 2017 |archive-url=https://web.archive.org/web/20170320052009/http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice/Chapter_16 |url-status=live }}</ref> |
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The ability of the Houses of Parliament to establish committees is referenced in Section 49 of the Constitution, which states, "The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth."<ref name="con49">{{Cite Legislation AU|Cth|act|coaca430|Commonwealth of Australia Constitution Act|49}}</ref><ref name = "odgcom"/> |
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Parliamentary committees can be given a wide range of powers. One of the most significant powers is the ability to summon people to attend hearings in order to give evidence and submit documents. Anyone who attempts to hinder the work of a Parliamentary committee may be found to be in [[contempt of Parliament]]. There are a number of ways that witnesses can be found in contempt, these include; refusing to appear before a committee when summoned, refusing to answer a question during a hearing or to produce a document, or later being found to have lied to or misled a committee. Anyone who attempts to influence a witness may also be found in contempt.<ref name="com">{{cite web |url=http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_4_-_Committees |title=Infosheet 4 - Committees |publisher=aph.gov.au |access-date=22 February 2017 |archive-date=17 October 2016 |archive-url=https://webarchive.nla.gov.au/awa/20161017121253/http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_4_-_Committees |url-status=live }}</ref> Other powers include the ability to meet throughout Australia, to establish subcommittees and to take evidence in both public and private hearings.<ref name = "odgcom"/> |
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Proceedings of committees are considered to have the same legal standing as proceedings of Parliament. They are recorded by [[Hansard]], except for private hearings, and also operate under [[Parliamentary privilege]]. Every participant, including committee members and witnesses giving evidence, is protected from being prosecuted under any civil or criminal action for anything they may say during a hearing. Written evidence and documents received by a committee are also protected.<ref name="com"/><ref name = "odgcom"/> |
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====Holding governments to account==== |
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One of the functions of the Senate, both directly and through its [[Australian Senate committees|committees]], is to scrutinise government activity. The vigour of this scrutiny has been fuelled for many years by the fact that the party in government has seldom had a majority in the Senate. Whereas in the House of Representatives the government's majority has sometimes limited that chamber's capacity to implement executive scrutiny, the opposition and minor parties have been able to use their Senate numbers as a basis for conducting inquiries into government operations. When the [[Howard government]] won control of the Senate in 2005, it sparked a debate about the effectiveness of the Senate in holding the government of the day accountable for its actions. Government members argued that the Senate continued to be a forum of vigorous debate, and its committees continued to be active.<ref>{{cite web |url=http://www.financeminister.gov.au/media/2006/mr_432006.html |title=Media Release 43/2006 – Senate remains robust under Government majority |author=<!--Staff writer(s); no by-line.--> |date=30 June 2006 |archive-url=https://web.archive.org/web/20070927145249/http://www.financeminister.gov.au/media/2006/mr_432006.html |archive-date=27 September 2007}}</ref> The Opposition leader in the Senate suggested that the government had attenuated the scrutinising activities of the Senate.<ref>{{cite web |url=http://www.chrisevans.alp.org.au/news/1105/senatespeeches10-01.php |title=Senator Chris Evans, The tyranny of the majority (speech) |author=<!--Staff writer(s); no by-line.--> |date=10 November 2005 |quote="Labor has accused the Government of 'ramming' bills through the Senate – but Labor "guillotined" Parliamentary debate more than twice the number of times in their 13 years in Government than the Coalition has over the last decade. In the last six months, the Government has not sought to guillotine any bill through the Senate." |archive-url=https://web.archive.org/web/20091112013742/http://www.chrisevans.alp.org.au/news/1105/senatespeeches10-01.php |archive-date=12 November 2009}}</ref> The [[Australian Democrats]], a minor party which frequently played mediating and negotiating roles in the Senate, expressed concern about a diminished role for the Senate's committees.<ref>{{cite web |url=http://www.democrats.org.au/docs/2006/PR_Senate_Attack_Accountability.pdf |title=Senator Andrew Murray: Australian Democrats Accountability Spokesperson Senate Statistics 1 July 2005 – 30 June 2006 |author=<!--Staff writer(s); no by-line.--> |date=4 July 2006 |archive-url=https://web.archive.org/web/20060805200949/http://www.democrats.org.au/docs/2006/PR_Senate_Attack_Accountability.pdf |archive-date=5 August 2006}}</ref> |
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In addition to review of legislation, the ''Legislation Act 2003'' provides that the Senate may also disallow legislative instruments – typically regulations made by government ministers using powers delegated by relevant legislation. The same power is afforded to the House of Representatives, but is rarely exercised given the government's control of numbers in the lower house. The ''Legislation Act 2003'' provides that any senator may move a motion disallowing a legislative instrument, which if passed within 15 days has the effect of repealing the instrument. The government may not enact an equivalent legislative instrument for a period of six months following the disallowal.<ref>{{cite news|url=https://www.aph.gov.au/about_parliament/senate/powers_practice_n_procedures/brief_guides_to_senate_procedure/no_19|title=No. 19 - Disallowance|work=Guides to Senate Procedure|publisher=Parliament of Australia|access-date=19 May 2024|archive-date=19 May 2024|archive-url=https://web.archive.org/web/20240519071937/https://www.aph.gov.au/about_parliament/senate/powers_practice_n_procedures/brief_guides_to_senate_procedure/no_19|url-status=live}}</ref> |
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===Voting=== |
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Senators are called upon to vote on matters before the Senate. These votes are called ''divisions'' in the case of Senate business, or ''ballots'' where the vote is to choose a senator to fill an office of the Senate (such as the [[President of the Senate (Australia)|President]]).<ref>''Senate Standing Orders'', numbers 7, 10, 98–105, 163</ref> |
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Party discipline in [[Politics of Australia|Australian politics]] is strong, so divisions almost always are decided on party lines. Nevertheless, the existence of minor parties holding the balance of power in the Senate has made divisions in that chamber more uncertain than in the House of Representatives. |
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When a division is to be held, bells ring throughout the parliament building for four minutes, during which time senators must go to the chamber. At the end of that period the doors are locked and a vote is taken, by identifying and counting senators according to the side of the chamber on which they sit (ayes to the right of the chair, noes to the left). The whole procedure takes around eight minutes. Senators with commitments that keep them from the chamber may make arrangements in advance to be 'paired' with a senator of the opposite political party, so that their absence does not affect the outcome of the vote. |
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The Senate contains an even number of senators, so a tied vote is a real prospect (which regularly occurs when the party numbers in the chamber are finely balanced). [[Section 23 of the Constitution of Australia|Section 23 of the Constitution]] requires that in the event of a tied division, the question is resolved in the negative. The system is however different for ballots for offices such as the President. If such a ballot is tied, the [[Clerk of the Australian Senate|Clerk of the Senate]] decides the outcome by the drawing of lots. In reality, conventions govern most ballots, so this situation does not arise.<ref name="Con23"/> |
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====Political parties and voting outcomes==== |
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The strength of party discipline is demonstrated by how rare it is for members to vote against the position taken by their party. The exceptions are where a [[conscience vote]] is allowed by one or more of the political parties; and occasions where a member of a political party [[crossing the floor|crosses the floor]] of the chamber to vote against the instructions of their [[whip (politics)|party whip]]. Crossing the floor very rarely occurs, but is more likely in the Senate than in the House of Representatives.<ref>Deirdre McKeown, Rob Lundie and Greg Baker, [http://www.aph.gov.au/library/pubs/rn/2005-06/06rn11.pdf 'Crossing the floor in the Federal Parliament 1950 – August 2004'] {{webarchive |url=https://web.archive.org/web/20081003132418/http://www.aph.gov.au/library/pubs/rn/2005-06/06rn11.pdf |date=3 October 2008 }}, ''Research Note'', No. 11, 2005–06, Department of Parliamentary Services, Canberra.</ref> |
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When the government has a majority in the Senate, the importance of party discipline increases, as it is only backbenchers that may prevent the passage of government bills. While strong party discipline has been a feature of Australian politics since the emergence of the Labor Party in the early 1900s, as late as 1980 the Fraser government could not be assured that his party's majority in the Senate would translate to absolute control, with at least 12 senators prepared to vote against the government.<ref>{{Cite book |last=Evans |first=Harry |title=Restraining elective dictatorship: the upper house solution? |date=2008 |publisher=University of Western Australia Press |isbn=978-1-921401-09-1 |editor-last=Aroney |editor-first=Nicholas |location=Crawley, W.A |page=71 |language=en |chapter=The case for bicameralism |editor-last2=Prasser |editor-first2=Scott |editor-last3=Nethercote |editor-first3=J. R.}}</ref> Similarly, when the Howard government had a Senate majority between 2005 and 2007, the internal differences between members of the government coalition parties became more apparent.<ref>{{cite web |url=http://democratic.audit.anu.edu.au/papers/20050630_uhr.pdf |title=How Democratic is Parliament? A case study in auditing the performance of Parliaments |last=Uhr |first=John |date=June 2005 |publisher=Democratic Audit of Australia, Discussion Paper |archive-url=https://web.archive.org/web/20130514151348/http://democratic.audit.anu.edu.au/papers/20050630_uhr.pdf |archive-date=14 May 2013}}</ref> However due to the increase in party discipline, only two senators in this period crossed the floor:<ref>Peter Veness, [https://archive.today/20070728091913/http://www.news.com.au/story/0,10117,19479942-29277,00.html 'Crossing floor 'courageous, futile'], news.com.au, 15 June 2006. Retrieved January 2008.</ref> [[Gary Humphries]] on civil unions in the Australian Capital Territory, and [[Barnaby Joyce]] on [[voluntary student unionism]].<ref>Neither of these instances resulted in the defeat of a government proposal, as in both cases Senator [[Steve Fielding]] voted with the government.</ref> A more significant potential instance of floor crossing was averted when the government withdrew its Migration Amendment (Designated Unauthorised Arrivals) Bill, of which several government senators had been critical, and which would have been defeated had it proceeded to the vote.<ref>{{cite web |last=Howard |first=John |date=14 August 2006 |title=Transcript of the Prime Minister the Hon John Howard MP Press Conference, Parliament House, Canberra |url=http://www.pm.gov.au/news/interviews/Interview2073.html |url-status=dead |archive-url=https://web.archive.org/web/20060821014554/http://www.pm.gov.au/news/interviews/Interview2073.html |archive-date=21 August 2006 |access-date=21 August 2006 |website=Prime Minister of Australia News Room |publisher=Office of the Prime Minister of the Commonwealth of Australia}}</ref> The controversy that surrounded these examples demonstrated both the importance of [[backbencher]]s in party policy deliberations and the limitations to their power to influence outcomes in the Senate chamber. |
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In September 2008, [[Barnaby Joyce]] became leader of the Nationals in the Senate, and stated that his party in the upper house would no longer necessarily vote with their Liberal counterparts.<ref>{{cite web |url=http://news.smh.com.au/national/nationals-wont-toe-libs-line-joyce-20080918-4isw.html |title=Nationals won't toe Libs' line: Joyce – SMH 18/9/2008 |publisher=News.smh.com.au |date=18 September 2008 |access-date=17 July 2010 |archive-date=3 December 2013 |archive-url=https://web.archive.org/web/20131203102843/http://news.smh.com.au/national/nationals-wont-toe-libs-line-joyce-20080918-4isw.html |url-status=live }}</ref> |
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== Where the Houses disagree == |
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=== Double dissolutions and joint sittings === |
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If the Senate rejects or fails to pass a proposed law, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the Senate refuses to pass the same piece of legislation, the government may either abandon the bill or continue to revise it, or, in certain circumstances outlined in section 57 of the [[Constitution of Australia|Constitution]], the Prime Minister can advise the Governor-General to dissolve the entire parliament in a [[double dissolution]]. In such an event, the entirety of the Senate faces re-election, as does the House of Representatives, rather than only about half the chamber as is normally the case. After a double dissolution election, if the bills in question are reintroduced, and if they again fail to pass the Senate, the Governor-General may agree to a ''joint sitting'' of the two Houses in an attempt to pass the bills. [[Joint Sitting of the Australian Parliament of 1974|Such a sitting]] has only occurred once, in 1974.<ref>{{Cite Legislation AU|Cth|act|coaca430|Commonwealth of Australia Constitution Act|57}}</ref> |
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The double dissolution mechanism is not available for bills that originate in the Senate and are blocked in the lower house. |
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On 8 October 2003, the then Prime Minister [[John Howard]] initiated public discussion of whether the mechanism for the resolution of deadlocks between the Houses should be reformed. High levels of support for the existing mechanism, and a very low level of public interest in that discussion, resulted in the abandonment of these proposals.<ref>{{cite web |
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| url = http://dpmc.gov.au/conschange/report/docs/report.pdf |
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| archive-url = https://webarchive.nla.gov.au/awa/20080117110700/http://pandora.nla.gov.au/pan/79623/20080117-2207/dpmc.gov.au/conschange/report/docs/report.pdf |
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| url-status = dead |
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| archive-date = 2008-01-17 |
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| title = Resolving Deadlocks: The Public Response |
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| author = Consultative Group on Constitutional Change |
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| date = March 2004 |
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| page = 8 |
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}}{{cbignore|bot=medic}} |
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</ref> |
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=== Allocating terms after a double dissolution === |
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After a double dissolution election, section 13 of the Constitution requires the Senate to divide the senators into two classes, with the first class having a three-year "short term", and the second class a six-year "long term". The Senate may adopt any approach it wants to determine how to allocate the long and short terms, however two methods are currently 'on the table': |
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* "elected-order" method, where the senators elected first attain a six-year term. This approach tends to favour minor party candidates as it gives greater weight to their first preference votes;<ref name="whichones">{{cite web |
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| url = http://www.abc.net.au/news/2016-07-05/election-2016-new-senate-terms-explained/7571406 |
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| title = Election 2016: How do we decide which senators are in for three years and which are in for six? |
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| author = Uma Patel |
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| publisher = Australian Broadcasting Corporation |
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| date = 6 July 2016}}</ref> or |
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* re-count method, where the long terms are allocated to those senators who would have been elected first if the election had been a standard half-Senate election.<ref name="longnshort">{{cite web |
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| url = http://blogs.abc.net.au/antonygreen/2016/04/how-long-and-short-terms-are-allocated-after-a-double-dissolution.html |
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| url-status = dead |
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| archive-url = https://web.archive.org/web/20160626235215/http://blogs.abc.net.au/antonygreen/2016/04/how-long-and-short-terms-are-allocated-after-a-double-dissolution.html |
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| archive-date = 26 June 2016 |
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| title = How Long and Short Senate Terms are Allocated After a Double Dissolution |
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| author = [[Antony Green]] |
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| publisher = Australian Broadcasting Corporation |
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| date = 25 April 2016}}</ref> This method is likely to be preferred by the major parties in the Senate where it would deliver more six-year terms to their members.<ref name=whichones /> |
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The Senate applied the "elected-order" method following the [[1987 Australian federal election|1987 double dissolution election]].<ref name=longnshort /> Since that time the Senate has passed resolutions on several occasions indicating its intention to use the re-count method to allocate seats at any future double dissolution, which [[Antony Green|Green]] describes as a fairer approach but notes could be ignored if a majority of senators opted for the "elected-order" method instead.<ref name=longnshort /> In both double dissolution elections since 1987, the "elected order" method was used. |
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==Blocking supply== |
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{{Further|1975 Australian constitutional crisis}} |
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The Senate has the same legislative power as the House of Representatives, except it may not originate or amend taxing or appropriation bills; they may only pass or reject them. The ability to block the annual appropriations bills required to fund the government ("supply") was exercised in the [[1975 Australian constitutional crisis]]. During the crisis, the [[Opposition (Australia)|Opposition]] used its numbers in the Senate to defer supply bills, refusing to deal with them until an election was called for both Houses of Parliament, an election which it hoped to win. The [[Prime Minister of Australia|Prime Minister]] of the day, [[Gough Whitlam]], contested the legitimacy of the blocking and refused to resign. The crisis brought to a head two Westminster conventions that, under the Australian constitutional system, were in conflict – firstly, that a government may continue to govern for as long as it has the support of the [[lower house]], and secondly, that a government that no longer has access to supply must either resign or be dismissed. The deadlock ended in November 1975 when Governor-General [[John Kerr (governor-general)|Sir John Kerr]] dismissed Whitlam's government and appointed Opposition Leader [[Malcolm Fraser|Fraser]] as Prime Minister, on the condition that elections for both Houses of parliament be held.<ref name=kerr>{{cite web|last1=Kerr|first1=John|title=Statement from John Kerr (dated 11 November 1975) explaining his decisions.|url=http://whitlamdismissal.com/documents/kerr-statement.shtml|website=WhitlamDismissal.com|access-date=11 January 2017|archive-url=https://web.archive.org/web/20120223060041/http://whitlamdismissal.com/documents/kerr-statement.shtml|archive-date=23 February 2012|url-status=dead}}</ref> |
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In 2014, [[Australian Broadcasting Corporation|ABC]] elections analyst Antony Green noted that the blocking of supply alone cannot force a double dissolution. There must be legislation repeatedly blocked by the Senate which the government can then choose to use as a trigger for a double dissolution.<ref>{{cite news|last1=Green|first1=Antony|title=An Early Double Dissolution? Don't Hold Your Breath!|url=https://www.abc.net.au/news/2014-05-19/an-early-double-dissolution-dont-hold-your-breath/9388414|archive-date=13 September 2024|archive-url=https://web.archive.org/web/20240913100304/https://www.abc.net.au/news/2014-05-19/an-early-double-dissolution-dont-hold-your-breath/9388414|url-status=live|newspaper=[[ABC News (Australia)|ABC News]]|date=19 May 2014|access-date=1 August 2016}}</ref> |
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==Current Senate== |
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{{See also|Members of the Australian Senate, 2022–2025}} |
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{{Australian Senators|state=expanded}} |
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{| class="wikitable" |
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|- |
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! State |
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! colspan=12| Seats held |
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|- |
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|| [[List of senators from New South Wales|New South Wales]] |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|National}} | |
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| width=20 {{Australian party style|National}} | |
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|- |
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|| [[List of senators from Victoria|Victoria]] |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
|||
| width=20 {{Australian party style|Independent}} | |
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| width=20 {{Australian party style|Independent}} | |
|||
| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|National}} | |
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| width=20 {{Australian party style|United Australia Party (current)}} | |
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|- |
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|| [[List of senators from Queensland|Queensland]] |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|People First Party}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|National}} | |
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| width=20 {{Australian party style|National}} | |
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| width=20 {{Australian party style|One Nation}} | |
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| width=20 {{Australian party style|One Nation}} | |
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|- |
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|| [[List of senators from Western Australia|Western Australia]] |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Australia's Voice}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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|- |
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|| [[List of senators from South Australia|South Australia]] |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Labor}} | |
|||
| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
|||
| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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|- |
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|| [[List of senators from Tasmania|Tasmania]] |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Greens}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Jacqui Lambie Network}} | |
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| width=20 {{Australian party style|Independent}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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| width=20 {{Australian party style|Liberal}} | |
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|- |
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|| [[List of senators from the Australian Capital Territory|Australian Capital Territory]] |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Independent}} | |
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|- |
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|| [[List of senators from the Northern Territory (Australia)|Northern Territory]] |
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| width=20 {{Australian party style|Labor}} | |
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| width=20 {{Australian party style|Country Liberal Party}} | |
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|- |
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|} |
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===2019 election=== |
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{{See also|Results of the 2019 Australian federal election (Senate)}} |
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In the 2019 half-Senate election, 40 seats were up for election: six from each state and two from each territory. The senate results were: [[Liberal Party of Australia|Liberal]]/[[National Party of Australia|National]] coalition 19 seats, [[Australian Labor Party|Labor]] 13 seats, [[Australian Greens|Greens]] 6 seats, [[Pauline Hanson's One Nation|One Nation]] 1 seat, and [[Jacqui Lambie Network]] 1 seat. |
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=== 2022 election === |
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{{See also|Results of the 2022 Australian federal election (Senate)}} |
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In the 2022 half–Senate election, 40 seats were up for election: six from each state and two from each territory. The senate results were: Liberal/National [[Coalition (Australia)|coalition]] 15 seats (-4), [[Australian Labor Party|Labor]] 15 seats (±0), [[Australian Greens|Greens]] 6 seats (+3), [[Jacqui Lambie Network]] 1 seat (+1), [[Pauline Hanson's One Nation|One Nation]] 1 seat (±0), [[United Australia Party (2013)|United Australia]] 1 seat (+1), and [[Independent politician|independent]] 1 seat (+1). The composition of the Senate after the election was: |
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*[[Liberal Party of Australia|Liberal]]/[[National Party of Australia|National]] [[Coalition (Australia)|Coalition]] 32 seats |
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*[[Australian Labor Party|Labor]] 26 seats |
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*[[Australian Greens|Greens]] 12 seats |
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*[[Jacqui Lambie Network]] 2 seats |
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*[[Pauline Hanson's One Nation|One Nation]] 2 seats |
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*[[United Australia Party (2013)|United Australia]] 1 seat |
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*Independent ([[David Pocock]]) 1 seat |
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==Historical party composition of the Senate== |
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The Senate has included representatives from a range of political parties, including several parties that have seldom or never had representation in the House of Representatives, but which have consistently secured a small but significant level of electoral support, as the table shows. |
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Results represent the composition of the Senate after the elections. The full Senate has been contested on eight occasions; the inaugural election and seven [[double dissolution]]s, these elections took place in 1914, 1951, 1974, 1975, 1983, 1987, and 2016. These are underlined and highlighted in puce.<ref>{{cite web|url=https://www.abc.net.au/news/elections/federal/2022/results/senate|title=Senate Results|via=[[ABC News (Australia)|ABC News]]|access-date=13 September 2024 |archive-date=13 September 2024|url-status=live|archive-url=https://web.archive.org/web/20240913055307/https://www.abc.net.au/news/elections/federal/2022/results/senate|first=Antony|last=Green}}</ref><ref>{{cite web |url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1617/FederalElectionResults |archive-url=https://web.archive.org/web/20240913055547/https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1617/FederalElectionResults |archive-date=13 September 2024 |url-status=live |work=Parliament of Australia |first=Stephen|last=Barber|date=31 March 2017|title=Federal election results 1901–2016 |access-date=13 September 2024}}</ref><ref>{{cite web |url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1920/2019FederalElection |title=The 2019 federal election |access-date=13 September 2024 |archive-date=13 September 2024 |archive-url=https://web.archive.org/web/20240913055946/https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1920/2019FederalElection |url-status=live |work=Parliament of Australia |date=29 June 2020 |first=Damon |last=Muller}}</ref> |
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{| class="toccolours" cellpadding="5" cellspacing="0" style="float:left; margin-right:.5em; margin-top:.4em; font-size:90%;" |
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|- style="background:#ccf;" |
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!colspan=2 rowspan=2|Election<br />Year |
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![[Australian Labor Party|Labor]] |
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! colspan="2"|[[Liberal Party of Australia|Liberal]]{{efn|Includes results for the [[Free Trade Party]] for 1901 and 1903, the [[Anti-Socialist Party]] for 1906, the [[Commonwealth Liberal Party]] for 1910–1914, the [[Nationalist Party (Australia)|Nationalist Party]] for 1917–1929, and the [[United Australia Party]] for 1931–1943.}} |
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![[National Party of Australia|National]]{{efn|Used the name [[Australian Country Party (1920)|Country Party]] for 1919–1974 and [[National Country Party]] for 1975–1980.}} |
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![[Democratic Labor Party (Australia, 1955)|Democratic<br />Labor]]{{efn|Including both the [[Democratic Labor Party (Australia, 1955)|Democratic Labor Party (1955−1978)]] and its successor, the present-day [[Democratic Labour Party (Australia, 1978)|Democratic Labour Party]].}} |
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![[Australian Democrats|Democrats]] |
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![[Australian Greens|Greens]] |
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![[Country Liberal Party|CLP]] |
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! rowspan="2"|[[Independent politician|Independent]] |
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! colspan="2" rowspan="2"|Other<br />parties |
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! rowspan="2"|Total<br />seats |
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! rowspan="2" colspan="2"|Electoral<br />system |
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|- |
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| height=4 {{Australian party style|Labor}}| |
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| {{Australian party style|Liberal}}| |
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| {{Australian party style|Liberal}}| |
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| {{Australian party style|Nationals}}| |
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| {{Australian party style|Democratic Labor}}| |
|||
| {{Australian party style|Democrats}}| |
|||
| {{Australian party style|Greens}}| |
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| {{Australian party style|CLP}}| |
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|- |
|||
| |
|||
|- style="background:#cc8899;" |
|||
!width=20|<u>[[1901 Australian federal election|1st]]</u> |
|||
!width=40|<u>1901</u> |
|||
| style="text-align:center;"|8 |
|||
| style="width:30px; text-align:center;"|11{{efn| name ="D"|[[Protectionist Party]]}} |
|||
| style="width:30px; text-align:center;"|17 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|'''[[Plurality-at-large voting]]''' |
|||
|- style="background:#eee;" |
|||
![[1903 Australian federal election|2nd]] |
|||
!1903 |
|||
| style="text-align:center;"|8 |
|||
| style="text-align:center;"|12{{efn| name ="D"}} |
|||
| style="text-align:center;"|14 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="width:30px; text-align:center;"|1 |
|||
|[[Revenue Tariff Party (Tasmania)|Revenue Tariff]] |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Plurality-at-large voting |
|||
|- |
|||
![[1906 Australian federal election|3rd]] |
|||
!1906 |
|||
| style="text-align:center;"|15 |
|||
| style="text-align:center;"|6{{efn| name ="D"}} |
|||
| style="text-align:center;"|13 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|2 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Plurality-at-large voting |
|||
|- style="background:#eee;" |
|||
![[1910 Australian federal election|4th]] |
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!1910 |
|||
| style="text-align:center;"|22 |
|||
| colspan="2" style="text-align:center;"|14 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Plurality-at-large voting |
|||
|- |
|||
![[1913 Australian federal election|5th]] |
|||
!1913 |
|||
| style="text-align:center;"|29 |
|||
| colspan="2" style="text-align:center;"|7 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Plurality-at-large voting |
|||
|- style="background:#cc8899;" |
|||
!<u>[[1914 Australian federal election|6th]]</u> |
|||
!<u>1914</u> |
|||
| style="text-align:center;"|31 |
|||
| colspan="2" style="text-align:center;"|5 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Plurality-at-large voting |
|||
|- |
|||
![[1917 Australian federal election|7th]] |
|||
!1917 |
|||
| style="text-align:center;"|12 |
|||
| colspan="2" style="text-align:center;"|24 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Plurality-at-large voting |
|||
|- style="background:#eee;" |
|||
![[1919 Australian federal election|8th]] |
|||
!1919 |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"|35 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|'''[[Preferential block voting]]''' |
|||
|- |
|||
![[1922 Australian federal election|9th]] |
|||
!1922 |
|||
| style="text-align:center;"|12 |
|||
| colspan="2" style="text-align:center;"|24 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- style="background:#eee;" |
|||
![[1925 Australian federal election|10th]] |
|||
!1925 |
|||
| style="text-align:center;"|8 |
|||
| colspan="2" style="text-align:center;"|25 |
|||
| style="text-align:center;"|3 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- |
|||
![[1928 Australian federal election|11th]] |
|||
!1928 |
|||
| style="text-align:center;"|7 |
|||
| colspan="2" style="text-align:center;"|24 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- style="background:#eee;" |
|||
![[1931 Australian federal election|12th]] |
|||
!1931 |
|||
| style="text-align:center;"|10 |
|||
| colspan="2" style="text-align:center;"|21 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- |
|||
![[1934 Australian federal election|13th]] |
|||
!1934 |
|||
| style="text-align:center;"|3 |
|||
| colspan="2" style="text-align:center;"|26 |
|||
| style="text-align:center;"|7 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- style="background:#eee;" |
|||
![[1937 Australian federal election|14th]] |
|||
!1937 |
|||
| style="text-align:center;"|16 |
|||
| colspan="2" style="text-align:center;"|16 |
|||
| style="text-align:center;"|4 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- |
|||
![[1940 Australian federal election|15th]] |
|||
!1940 |
|||
| style="text-align:center;"|17 |
|||
| colspan="2" style="text-align:center;"|15 |
|||
| style="text-align:center;"|4 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- style="background:#eee;" |
|||
![[1943 Australian federal election|16th]] |
|||
!1943 |
|||
| style="text-align:center;"|22 |
|||
| colspan="2" style="text-align:center;"|12 |
|||
| style="text-align:center;"|2 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- |
|||
![[1946 Australian federal election|17th]] |
|||
!1946 |
|||
| style="text-align:center;"|33 |
|||
| colspan="2" style="text-align:center;"|2 |
|||
| style="text-align:center;"|1 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|36 |
|||
| style="text-align:center;"|Preferential block voting |
|||
|- style="background:#eee;" |
|||
![[1949 Australian federal election|18th]] |
|||
!1949 |
|||
| style="text-align:center;"|34 |
|||
| colspan="2" style="text-align:center;"|21 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|'''[[Single transferable vote]]''' (Full preferential voting) |
|||
|- style="background:#cc8899;" |
|||
!<u>[[1951 Australian federal election|19th]]</u> |
|||
!<u>1951</u> |
|||
| style="text-align:center;"|28 |
|||
| colspan="2" style="text-align:center;"|26 |
|||
| style="text-align:center;"|6 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#eee;" |
|||
![[1953 Australian Senate election|20th]] |
|||
!1953 |
|||
| style="text-align:center;"|29 |
|||
| colspan="2" style="text-align:center;"|26 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- |
|||
![[1955 Australian federal election|21st]] |
|||
!1955 |
|||
| style="text-align:center;"|28 |
|||
| colspan="2" style="text-align:center;"|24 |
|||
| style="text-align:center;"|6 |
|||
| style="text-align:center;"|2 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#eee;" |
|||
![[1958 Australian federal election|22nd]] |
|||
!1958 |
|||
| style="text-align:center;"|26 |
|||
| colspan="2" style="text-align:center;"|25 |
|||
| style="text-align:center;"|7 |
|||
| style="text-align:center;"|2 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- |
|||
![[1961 Australian federal election|23rd]] |
|||
!1961 |
|||
| style="text-align:center;"|28 |
|||
| colspan="2" style="text-align:center;"|24 |
|||
| style="text-align:center;"|6 |
|||
| style="text-align:center;"|1 |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#eee;" |
|||
![[1964 Australian Senate election|24th]] |
|||
!1964 |
|||
| style="text-align:center;"|27 |
|||
| colspan="2" style="text-align:center;"|23 |
|||
| style="text-align:center;"|7 |
|||
| style="text-align:center;"|2 |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- |
|||
![[1967 Australian Senate election|25th]] |
|||
!1967 |
|||
| style="text-align:center;"|27 |
|||
| colspan="2" style="text-align:center;"|21 |
|||
| style="text-align:center;"|7 |
|||
| style="text-align:center;"|4 |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#eee;" |
|||
![[1970 Australian Senate election|26th]] |
|||
!1970 |
|||
| style="text-align:center;"|26 |
|||
| colspan="2" style="text-align:center;"|21 |
|||
| style="text-align:center;"|5 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|3 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#cc8899;" |
|||
!<u>[[1974 Australian federal election|27th]]</u> |
|||
!<u>1974</u> |
|||
| style="text-align:center;"|29 |
|||
| colspan="2" style="text-align:center;"|23 |
|||
| style="text-align:center;"|6 |
|||
| |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
|[[Liberal Movement (Australia)|Liberal Movement]] |
|||
| style="text-align:center;"|60 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#cc8899;" |
|||
!<u>[[1975 Australian federal election|28th]]</u> |
|||
!<u>1975</u> |
|||
| style="text-align:center;"|27 |
|||
| colspan="2" style="text-align:center;"|26 |
|||
| style="text-align:center;"|6 |
|||
| |
|||
| |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
|[[Liberal Movement (Australia)|Liberal Movement]] |
|||
| style="text-align:center;"|64 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- |
|||
![[1977 Australian federal election|29th]] |
|||
!1977 |
|||
| style="text-align:center;"|27 |
|||
| colspan="2" style="text-align:center;"|27 |
|||
| style="text-align:center;"|6 |
|||
| |
|||
| style="text-align:center;"|2 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|64 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#eee;" |
|||
![[1980 Australian federal election|30th]] |
|||
!1980 |
|||
| style="text-align:center;"|27 |
|||
| colspan="2" style="text-align:center;"|28 |
|||
| style="text-align:center;"|3 |
|||
| |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|64 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#cc8899;" |
|||
!<u>[[1983 Australian federal election|31st]]</u> |
|||
!<u>1983</u> |
|||
| style="text-align:center;"|30 |
|||
| colspan="2" style="text-align:center;"|23 |
|||
| style="text-align:center;"|4 |
|||
| |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|64 |
|||
| style="text-align:center;"|Single transferable vote |
|||
|- style="background:#eee;" |
|||
![[1984 Australian federal election|32nd]] |
|||
!1984 |
|||
| style="text-align:center;"|34 |
|||
| colspan="2" style="text-align:center;"|27 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| style="text-align:center;"|7 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
|[[Nuclear Disarmament Party|Nuclear Disarmament]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|'''Single transferable vote ([[Group voting tickets in Australia|Group voting ticket]])''' |
|||
|- style="background:#cc8899;" |
|||
!<u>[[1987 Australian federal election|33rd]]</u> |
|||
!<u>1987</u> |
|||
| style="text-align:center;"|32 |
|||
| colspan="2" style="text-align:center;"|26 |
|||
| style="text-align:center;"|7 |
|||
| |
|||
| style="text-align:center;"|7 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|2 |
|||
| style="text-align:center;"|1 |
|||
|[[Nuclear Disarmament Party|Nuclear Disarmament]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- style="background:#eee;" |
|||
![[1990 Australian federal election|34th]] |
|||
!1990 |
|||
| style="text-align:center;"|32 |
|||
| colspan="2" style="text-align:center;"|28 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| style="text-align:center;"|8 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
|[[Greens Western Australia|Greens (WA)]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- |
|||
![[1993 Australian federal election|35th]] |
|||
!1993 |
|||
| style="text-align:center;"|30 |
|||
| colspan="2" style="text-align:center;"|29 |
|||
| style="text-align:center;"|6 |
|||
| |
|||
| style="text-align:center;"|7 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|2 |
|||
|[[Greens Western Australia|Greens (WA)]] (2) |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- style="background:#eee;" |
|||
![[1996 Australian federal election|36th]] |
|||
!1996 |
|||
| style="text-align:center;"|29 |
|||
| colspan="2" style="text-align:center;"|31 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| style="text-align:center;"|7 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|2 |
|||
|[[Greens Western Australia|Greens (WA)]], [[Tasmanian Greens|Greens (Tas)]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- |
|||
![[1998 Australian federal election|37th]] |
|||
!1998 |
|||
| style="text-align:center;"|29 |
|||
| colspan="2" style="text-align:center;"|31 |
|||
| style="text-align:center;"|3 |
|||
| |
|||
| style="text-align:center;"|9 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
|[[Pauline Hanson's One Nation|One Nation]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- style="background:#eee;" |
|||
![[2001 Australian federal election|38th]] |
|||
!2001 |
|||
| style="text-align:center;"|28 |
|||
| colspan="2" style="text-align:center;"|31 |
|||
| style="text-align:center;"|3 |
|||
| |
|||
| style="text-align:center;"|8 |
|||
| style="text-align:center;"|2 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|2 |
|||
| style="text-align:center;"|1 |
|||
|[[Pauline Hanson's One Nation|One Nation]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- |
|||
![[2004 Australian federal election|39th]] |
|||
!2004 |
|||
| style="text-align:center;"|28 |
|||
| colspan="2" style="text-align:center;"|33 |
|||
| style="text-align:center;"|5 |
|||
| |
|||
| style="text-align:center;"|4 |
|||
| style="text-align:center;"|4 |
|||
| style="text-align:center;"|1 |
|||
| |
|||
| style="text-align:center;"|1 |
|||
|[[Family First Party|Family First]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- style="background:#eee;" |
|||
![[2007 Australian federal election|40th]] |
|||
!2007 |
|||
| style="text-align:center;"|32 |
|||
| colspan="2" style="text-align:center;"|32 |
|||
| style="text-align:center;"|4 |
|||
| |
|||
| |
|||
| style="text-align:center;"|5 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
|[[Family First Party|Family First]] |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- |
|||
![[2010 Australian federal election|41st]] |
|||
!2010 |
|||
| style="text-align:center;"|31 |
|||
| colspan="2" style="text-align:center;"|28 + (3 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"|2 |
|||
| style="text-align:center;"|1 |
|||
| |
|||
| style="text-align:center;"|9 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| colspan="2" style="text-align:center;"| |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- style="background:#eee;" |
|||
![[2013 Australian federal election|42nd]] |
|||
!2013 |
|||
| style="text-align:center;"|25 |
|||
| colspan="2" style="text-align:center;"|23 + (5 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"|3 + (1 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"|1 |
|||
| |
|||
| style="text-align:center;"|10 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|6 |
|||
| style="text-align:centre;"|[[Family First Party|Family First]],<br />[[Liberal Democratic Party (Australia)|Liberal Democrats]], <br />[[Australian Motoring Enthusiast Party|Motoring Enthusiast]], <br />[[Palmer United Party|Palmer United]] (3) |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Group voting ticket) |
|||
|- style="background:#cc8899;" |
|||
!<u>[[2016 Australian federal election|43rd]]</u> |
|||
!<u>2016</u> |
|||
| style="text-align:center;"|26 |
|||
| colspan="2" style="text-align:center;"|21 + (3 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"|3 + (2 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"| |
|||
| |
|||
| style="text-align:center;"|9 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"| |
|||
| style="text-align:center;"|11 |
|||
| style="text-align:centre;"|[[Family First Party|Family First]],<br />[[Jacqui Lambie Network|Jacqui Lambie]],<br />[[Derryn Hinch's Justice Party|Justice Party]], <br />[[Liberal Democratic Party (Australia)|Liberal Democrats]], <br />[[Nick Xenophon Team]] (3), <br />[[Pauline Hanson's One Nation|One Nation]] (4) |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|'''Single transferable vote ([[Optional preferential voting]])''' |
|||
|- style="background:#eee;" |
|||
![[2019 Australian federal election|44th]] |
|||
!2019 |
|||
| style="text-align:center;"|26 |
|||
| colspan="2" style="text-align:center;"|26 + (4 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"|2 + (2 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"| |
|||
| |
|||
| style="text-align:center;"|9 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|5 |
|||
| style="text-align:centre;"|[[Centre Alliance]] (2), |
|||
[[Jacqui Lambie Network|Jacqui Lambie]], <br />[[Pauline Hanson's One Nation|One Nation]] (2) |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Optional preferential voting) |
|||
|- |
|||
![[2022 Australian federal election|45th]] |
|||
!2022 |
|||
| style="text-align:center;"|26 |
|||
| colspan="2" style="text-align:center;"|23 + (3 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"|3 + (2 [[Liberal National Party of Queensland|LNP]]) |
|||
| style="text-align:center;"| |
|||
| style="text-align:center;"| |
|||
| style="text-align:center;"|12 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|1 |
|||
| style="text-align:center;"|5 |
|||
|[[Jacqui Lambie Network|Lambie Network]] (2), |
|||
[[Pauline Hanson's One Nation|One Nation]] (2), |
|||
[[United Australia Party (2013)|United Australia]] (1) |
|||
| style="text-align:center;"|76 |
|||
| style="text-align:center;"|Single transferable vote (Optional preferential voting) |
|||
|} |
|||
{{clear}} |
|||
==See also== |
|||
* [[2019 Australian federal election]] |
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* [[Canberra Press Gallery]] |
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* [[Clerk of the Australian Senate]] |
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* [[Double dissolution]] |
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* [[Father of the Australian Senate]] |
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* [[List of Australian Senate appointments]] |
|||
* [[Members of the Australian Parliament who have served for at least 30 years]] |
|||
* [[Members of the Australian Senate, 2022–2025]] |
|||
* [[Women in the Australian Senate]] |
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==Notes== |
|||
{{notelist}} |
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==References== |
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{{reflist|30em}} |
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== Further reading == |
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{{Refbegin}} |
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* {{Cite book |last1=Odgers |first1=JR |url=https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice |title=Odgers' Australian Senate Practice |last2=Evans |first2=Henry |date=30 June 2022 |publisher=Department of the Senate |isbn=978-1-76010-503-7 |editor-last=Laing |editor-first=Rosemary |edition=14th with updates to 30 June 2022 |location=Canberra |language=en-AU }} |
|||
* {{cite book| last = Bach| first = Stanley| title = Platypus and Parliament: The Australian Senate in Theory and Practice| publisher = Department of the Senate| year = 2003| url = http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/platparl| isbn = 978-0-642-71291-2| access-date = 13 December 2016| archive-date = 20 December 2016| archive-url = https://web.archive.org/web/20161220144354/http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/platparl| url-status = live}} |
|||
* John Halligan, Robin Miller and John Power, ''Parliament in the Twenty-first Century: Institutional Reform and Emerging Roles'', Melbourne University Publishing, 2007 |
|||
* {{cite book | author1 = Sawer, Marian | author2 = Miskin, Sarah | name-list-style = amp | title = Papers on Parliament No. 34 Representation and Institutional Change: 50 Years of Proportional Representation in the Senate | publisher = Department of the Senate | year = 1999 | url = https://www.aph.gov.au/binaries/senate/pubs/pops/pop34/pop34.pdf | isbn = 0-642-71061-9 | access-date = 21 September 2020 | archive-date = 3 October 2020 | archive-url = https://web.archive.org/web/20201003050519/https://www.aph.gov.au/binaries/senate/pubs/pops/pop34/pop34.pdf | url-status = live }} |
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{{Refend}} |
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== External links == |
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{{Library resources box|by=no|onlinebooks=no|about=yes|wikititle=Australian senate}} |
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* {{Official website|http://www.aph.gov.au/About_Parliament/Senate|Official website of the Australian Senate}} |
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* [http://www.aph.gov.au/News_and_Events/Watch_Parliament Australian Parliament – live broadcasting] |
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* [http://www.aph.gov.au/Parliamentary_Business/Statistics/Senate_StatsNet Senate StatsNet] |
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* [http://biography.senate.gov.au/ The Biographical Dictionary of the Australian Senate] |
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* [https://www.abc.net.au/radionational/programs/rearvision/australias-upper-houses/11038996 Australia's Upper Houses - ABC Rear Vision] A podcast about the development of Australia's upper houses into STV proportional representation elected chambers. |
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{{Electoral results for the Australian Senate}} |
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{{Australian Senate Delegations}} |
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{{Australian political parties}} |
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{{National upper houses}} |
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{{Parliament of Australia}} |
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{{Parliaments of Australia}} |
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{{Politics of Australia}} |
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{{Coord|35|18|28|S|149|07|26|E|display=title}} |
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[[Category:Australian Senate| ]] |
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[[Category:1901 establishments in Australia]] |
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[[Category:National upper houses|Australia]] |
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[[Category:Parliament of Australia|Senate, Australian]] |
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[[Category:Politics of Australia|Senate, Australian]] |
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[[Category:Westminster system]] |
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[[Category:1975 Australian constitutional crisis]] |
Latest revision as of 18:14, 28 November 2024
Senate | |
---|---|
47th Parliament of Australia | |
Type | |
Type | |
Leadership | |
Structure | |
Seats | 76 |
Political groups | Government (25) Labor (25) |
Length of term | 6 years (state senators) 3 years (territory senators) |
Elections | |
Single transferable vote | |
Last election | 21 May 2022 (Half Senate election) |
Next election | 2025 |
Meeting place | |
Senate Chamber Parliament House Canberra, Australian Capital Territory, Australia | |
Website | |
Senate |
This article is part of a series on the |
Politics of Australia |
---|
Constitution |
Australia portal |
The Australian Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives.
The powers, role and composition of the Senate are set out in Chapter I of the federal constitution as well as federal legislation and constitutional convention. There are a total of 76 senators: twelve are elected from each of the six Australian states, regardless of population, and two each representing the Australian Capital Territory (including the Jervis Bay Territory and Norfolk Island) and the Northern Territory (including the Australian Indian Ocean Territories). Senators are popularly elected under the single transferable vote system of proportional representation. Section 24 of the Constitution provides that the House of Representatives shall have, as near as practicable, twice as many members as the Senate.
The constitution grants the Senate nearly equivalent powers to the House of Representatives, with the exception that the Senate may not originate or amend money bills, but only reject or defer them. According to convention, the Senate plays no role in the formation of the executive government and the prime minister is drawn from the majority party or coalition in the House of Representatives. However, the government appoints a Senate leader and senators hold senior roles in the government as ministers of state and members of cabinet. Senators from the opposition likewise serve in the shadow ministry.
The Senate elects one of its members to serve as president, who exercises only an ordinary vote and has no casting vote. Since the late 20th century, it has been rare for governments to hold a majority in the Senate and the balance of power has typically rested with minor parties and independents. In practice, this means government bills cannot be assured of passage and regulations may be disallowed. The power to bring down the government and force elections by blocking supply also exists, as happened for the first and thus far only time during the 1975 constitutional crisis. Since major reforms in 1970, the Senate's role as a house of review has increased with the expansion of its committee system.
Senators from states ordinarily serve six-year terms, with half of the Senate up for re-election at each federal election along with the entirety of the House of Representatives. However, there is no constitutional requirement that Senate and House elections occur at the same time; the last Senate-only and House-only elections occurred in 1970 and 1972 respectively. The terms of senators from territories expire at the dissolution of the House of Representatives, typically at three-year intervals. Section 57 of the constitution provides for a double dissolution as a mechanism to break deadlocks between the House and Senate, whereby the entire Senate is dissolved and all seats made vacant.
Casual vacancies are filled by the relevant state or territory parliament, or by the corresponding state or territory government on an interim basis if the parliament is not in session. A constitutional amendment passed in 1977 provides that casual vacancies must be filled by a member of the same political party as the previous senator.
Origins and role
[edit]The Constitution of Australia established the Senate as the second chamber of the national parliament of the newly federated Australia. In contrast to countries employing a pure Westminster system the Senate plays an active role in legislation and is not merely a chamber of review. Instead of being modelled solely after the House of Lords, as the Senate of Canada was, the Australian Senate was in part modelled after the United States Senate, by giving equal representation to each state and almost equal powers with the lower house.[1][2] This was done to give less populous states a real influence in the Parliament, while also maintaining the traditional review functions upper houses have in the Westminster system. This has led to the description of a "Washminster system" to describe the Australian political structure.[3][4][5]
Although the prime minister and treasurer, by convention (though not legal requirement), are members of the House of Representatives (after John Gorton was appointed prime minister in 1968, he resigned from the Senate and was elected to the House), other ministers may come from either house,[6] and the two Houses have almost equal legislative power.[1] As with most upper chambers in bicameral parliaments, the Senate cannot introduce or amend appropriation bills (bills that authorise government expenditure of public revenue) or bills that impose taxation, that role being reserved for the lower house; it can only approve, reject or defer them (as famously occurred in the lead up to the Dismissal). That degree of equality between the Senate and House of Representatives reflects the desire of the Constitution's authors to prevent the more populous states totally dominating the legislative process.
In practice, however, most legislation (except for private member's bills) in the Australian Parliament is initiated by the government, which has control over the lower house. It is then passed to the Senate, which has the opportunity to amend the bill, pass or reject it. In the majority of cases, voting takes place along party lines, although there are occasional conscience votes.
The Senate maintains a number of committees, which engage in a wide variety of inquiries. The results have no direct legislative power, but are valuable forums that raise many points of view that would otherwise not receive government or public notice.[7]
Electoral system
[edit]The system for electing senators has changed several times since Federation. The original arrangement involved a first-past-the-post and block voting system, on a state-by-state basis. This was replaced in 1919 by preferential block voting. Block voting tended to produce landslide majorities. For instance, from 1920 to 1923 the Nationalist Party held all but one of the 36 seats, and from 1947 to 1950, the Australian Labor Party held all but three.
In 1948, single transferable vote with proportional representation on a state-by-state basis became the method for electing senators. At this time the number of senators was expanded from 36 to 60 and it was argued that a move to proportional representation was needed to even up the balance between both major parties in the chamber. The change in voting systems has been described as an "institutional revolution" that has had the effect of limiting the government's ability to control the chamber, as well as helping the rise of Australian minor parties.[8][9]
The 1984 election saw the introduction of group ticket voting, in order to reduce a high rate of informal voting that arose from the requirement that each candidate be given a preference, and to allow small parties and independent candidates a reasonable chance of winning a seat. This allowed voters to select a single party to distribute their preferences on their behalf (voting "above the line"), but voters were still able to vote directly for individual candidates and distribute their own preferences if they wished (voting "below the line") by numbering every box.[10] Following 1981, the government has only had a majority in the Senate from 2005–2007; otherwise, negotiations with other parties and independents have generally been necessary to pass legislation.[11]
Group tickets were abolished in advance of the 2016 election to reduce the number of senators of elected with a very small number of first preference votes as a result of the candidates of these micro-parties preferencing each other.[12] In the place of group tickets, a form of optional preferential voting was introduced. As a result of the changes, voters may now assign their preferences for parties above the line (numbering as many boxes as they wish), or individual candidates below the line, and are not required to fill all of the boxes. Both above and below the line voting now use optional preferential voting. For above the line, voters are instructed to number at least their first six preferences; however, a "savings provision" is in place to ensure that ballots will still be counted if less than six are given. For below the line, voters are required to number at least their first 12 preferences. Voters are free to continue numbering as many preferences as they like beyond the minimum number specified. Another savings provision allows ballot papers with at least 6 below the line preferences to be formal. The voting changes make it more difficult for new small parties and independent candidates to be elected to the Senate, but also allow a voter to voluntarily exhaust preferences — that is, to ensure their vote cannot flow to specific candidates or parties — if none of the voter's candidate preferences are elected.[13]
The changes were subject to a challenge in front of High Court of Australia by sitting South Australian Senator Bob Day of the Family First Party. The senator argued that the changes meant the senators would not be "directly chosen by the people" as required by the constitution. The High Court rejected Day's challenge unanimously, deciding that both above the line and below the line voting were consistent with the constitution.[14][15]
Ballot paper
[edit]The Australian Senate voting paper under the single transferable vote proportional representation system resembles the following example (shown in two parts), which shows the candidates for Victorian senate representation in the 2016 federal election.
To vote correctly, electors must either:
- Vote for at least six parties above the thick black line, by writing the numbers 1-6 in party boxes. Votes with fewer than six boxes numbered are still admitted to the count through savings provisions.
- Vote for at least twelve candidates below the thick black line, by writing the numbers 1-12 in the individual candidates' boxes. Votes with between six and twelve boxes numbered are still admitted to the count through savings provisions.[16]
Because each state elects six senators at each half-Senate election, the quota for election is only one-seventh or 14.3% (one third or 33.3% for territories, where only two senators are elected). Once a candidate has been elected with votes reaching the quota amount, any votes they receive in addition to this may be distributed to other candidates as preferences, if there are still open seats to fill.
With an odd number of seats in a half-Senate election (3 or 5), 50.1% of the vote wins a majority (2/3) or (3/5).
With an even number of seats in a half-Senate election (6), 57.1% of the vote is needed to win a majority of seats (4/6).
The ungrouped candidates in the far right column do not have a box above the line. Therefore, they can only get a primary (number 1) vote from electors who vote below the line. For this reason, some independents register as a group, either with other independents or by themselves, such as group B in the above example.
Names of parties can be shown only if the parties are registered, which requires, among other things, a minimum of 1,500 members.
Order of parties
[edit]The order of parties on the ballot papers and the order of ungrouped candidates are determined by a random ballot conducted by the Australian Electoral Commission.
Deposit
[edit]Candidates, parties and groups pay a deposit of $2,000 per candidate, which is forfeited if they fail to achieve 4% of the primary vote.[17]
Public subsidy
[edit]Candidates, parties and groups earn a public subsidy if they gain at least 4% of the primary vote. At the 2019 federal election, funding was $2.756 per formal first preference vote.[18]
Membership
[edit]Under sections 7 and 8 of the Australian Constitution:[19]
- The Senate must comprise an equal number of senators from each original state,
- each original state shall have at least six senators, and
- the Senate must be elected in a way that is not discriminatory among the states.
These conditions have periodically been the source of debate, and within these conditions, the composition and rules of the Senate have varied significantly since federation.
Size and nexus
[edit]Under Section 24 of the Constitution, the number of members of the House of Representatives has to be "as nearly as practicable" double the number of senators.
The reasons for the nexus are twofold: a desire to maintain a constant influence for the smaller states, and maintain a constant balance of the two Houses in the event of a joint sitting after a double dissolution. A referendum in 1967 to eliminate the nexus was rejected.
The size of the Senate has changed over the years. The Constitution originally provided for six senators for each state, resulting in a total of 36 senators.
The Constitution permits the Parliament to increase the number of senators, provided that equal numbers of senators from each original state are maintained; accordingly, in 1948, Senate representation was increased from 6 to 10 senators for each state, increasing the total to 60.
In 1975, the two territories, the Northern Territory and the Australian Capital Territory, were given an entitlement to elect two senators each for the first time, bringing the number to 64.[20] The senators from the Northern Territory also represent constituents from Australia's Indian Ocean Territories (Christmas Island and the Cocos (Keeling) Islands), while the senators from the Australian Capital Territory also represent voters from the Jervis Bay Territory and since 1 July 2016, Norfolk Island.[21]
The latest expansion in Senate numbers took place in 1984, when the number of senators from each state was increased from 10 to 12, resulting in a total of 76 senators.[9]
Term
[edit]Senators normally serve fixed six-year terms (from 1 July to 30 June). At most federal elections, the seats of 40 of the 76 senators (half of the 72 senators from the six states and all four of the senators from the territories) are contested, along with the entire House of Representatives; such an election is sometimes known as a half-Senate election. The seats of senators representing states elected at a half-Senate election are not contested at the next election, provided it is a half-Senate election. However, under some circumstances, the entire Senate (and the House of Representatives) is dissolved, in what is known as a double dissolution. Following a double dissolution, half the senators representing states serve terms ending on the third 30 June following the election (two to three years) and the rest serve a five to six-year term. Section 13 of the Constitution requires the Senate to allocate long and short terms amongst its members. The term of senators representing a territory expires at the same time as there is an election for the House of Representatives.[22]
Section 13 of the Constitution requires that in half-Senate elections, the election of State senators shall take place within one year before the places become vacant. The actual election date is determined by the Governor of each State, who acts on the advice of the State Premier. The Governors almost always act on the recommendation of the Governor-General, with the last independent Senate election writ being issued by the Governor of Queensland during the Gair Affair in 1974.
Slightly more than half of the Senate is contested at each general election (half of the 72 state senators, and all four of the territory senators), along with the entire House of Representatives. Except in the case of a double dissolution, senators for the states are elected for fixed terms of six years, commencing on 1 July following the election, and ceasing on 30 June six years later.
The term of the four senators from the territories is not fixed, but is defined by the dates of the general elections for the House of Representatives, the period between which can vary greatly, to a maximum of three years and three months. Territory senators commence their terms on the day that they are elected. Their terms expire the day prior to the following general election day.[23]
While there is no constitutional requirement for the election of senators to take place at the same time as those for members of the House of Representatives, the government usually synchronises the dates of elections for the Senate and House of Representatives. However, because their terms do not coincide, the incoming Parliament will for some time comprise the new House of Representatives and the old Senate, except for the senators representing the territories, until the new senators start their term on the next 1 July.
Following a double dissolution, all 76 senators face re-election. If there is an early House election outside the 12-month period in which Senate elections can occur, the synchronisation of the election will be disrupted, and there can be half-Senate elections without a concurrent House election. The last time this occurred was on 21 November 1970.
Quota size
[edit]The number of votes that a candidate must receive to be elected to the senate is referred to as a "quota". The quota is worked out by dividing the number of formal votes by one more than the number of vacancies to be filled and then adding one to the result.[24] The 2019 senate election was a half senate election, so 6 senate vacancies were contested in each state. At this election, the quotas in each state were:
State | 2019 quota | % of the NSW 2019 quota | 2016 double dissolution quota[25] |
---|---|---|---|
NSW | 670,761 | 100% | 345,554 |
Vic | 534,207 | 80% | 269,250 |
Qld | 414,495 | 62% | 209,475 |
WA | 206,661 | 31% | 105,091 |
SA | 156,404 | 23% | 81,629 |
Tas | 50,285 | 7% | 26,090 |
Proportional representation of the states vs one vote one value
[edit]Each state elects the same number of senators, meaning there is equal representation for each of the Australian states, regardless of population, so the Senate, like many upper Houses, does not adhere to the principle of one vote one value. Tasmania, with a population of around 500,000, elects the same number of senators as New South Wales, which has a population of more than 8 million. Because of this imbalance, governments favoured by the more populous states are occasionally frustrated by the extra power the smaller states have in the Senate, to the degree that former Prime Minister Paul Keating famously referred to the Senate's members as "unrepresentative swill".[26]
State/Territory/Commonwealth | 2021 Census population[27][28][29][30][31] | Population per senator |
---|---|---|
New South Wales | 8,339,347 | 694,945 |
Victoria | 6,503,491 | 541,957 |
Queensland | 5,156,138 | 429,678 |
Western Australia | 2,660,026 | 221,668 |
South Australia | 1,781,516 | 148,459 |
Tasmania | 557,571 | 46,464 |
Northern Territory (including Christmas Island and Cocos (Keeling) Islands) | 234,890 | 117,445 |
Australian Capital Territory (including Jervis Bay Territory and Norfolk Island) | 456,687 | 228,343 |
Australia | 25,422,788 | 334,510 |
The proportional election system within each state ensures that the Senate incorporates more political diversity than the lower house (House of Representatives), which has historically been a two party body. The elected membership of the Senate more closely reflects the first voting preference of the electorate as a whole than does the composition of the House of Representatives, despite the large discrepancies from state to state in the ratio of voters to senators.[32][33][34] This often means that the composition of the Senate is different from that of the House of Representatives, contributing to the Senate's function as a house of review.
With proportional representation, and the small majorities in the Senate compared to the generally larger majorities in the House of Representatives, and the requirement that the number of members of the House be "nearly as practicable" twice that of the Senate, a joint sitting after a double dissolution is more likely than not to lead to a victory for the House over the Senate. When the Senate had an odd number of senators retiring at an election (3 or 5), 51% of the vote would lead to a clear majority of 3 out of 5 per state. With an even number of senators retiring at an election, it takes 57% of the vote to win 4 out of 6 seats, which may be insurmountable. This gives the House an advantage in joint sittings but not in ordinary elections, where the Senate may be too evenly balanced to get House legislation through.
A party does not need the support of the Senate to form government (needing only a majority in the House of Representatives), however the Senate can block supply, effectively preventing the government from lawfully spending money. Whether a government facing a Senate that blocks supply is obliged to either resign or call an election was one of the major disputes of the 1975 constitutional crisis. However, even where the Senate does not block supply, they can still use their power to frustrate the legislative agenda of the government.
Parties
[edit]The overwhelming majority of senators have always been elected as representatives of political parties. Parties which currently have representation in the Senate are:
- The Coalition – Liberal Party of Australia, National Party of Australia, Liberal National Party of Queensland and Country Liberal Party
- Australian Labor Party
- Australian Greens
- Pauline Hanson's One Nation
- United Australia Party
- Jacqui Lambie Network
- Australia's Voice
Other parties that have achieved Senate representation in the past include the Australian Conservatives (2017-2019), Derryn Hinch's Justice Party (2016-2019), Family First Party(2005-2011,2014-2016), Australian Democrats (1977-2008), Palmer United Party, Australian Motoring Enthusiast Party (2014-2016), Nuclear Disarmament Party, Liberal Movement, Liberal Democratic Party (2014-2019) and Democratic Labour Party (1955-1974).
Due to the need to obtain votes statewide, independent candidates have difficulty getting elected. The exceptions in recent times have been elected in less populous States — the former Tasmanian Senator Brian Harradine and the former South Australian Senator Nick Xenophon. David Pocock was also elected to represent the ACT at the 2022 election. It is less uncommon for a senator initially elected representing a party to become an independent, most recently in the cases of Senator Lucy Gichuhi not joining the Conservatives following its merger with Family First, Senators Rod Culleton and Fraser Anning resigning from One Nation, Senator Steve Martin being expelled from the Jacqui Lambie Network, and Lidia Thorpe resigning from the Australian Greens.
The Australian Senate serves as a model for some politicians in Canada, particularly in the Western provinces, who wish to reform the Canadian Senate so that it takes a more active legislative role.[35]
There are also small factions in the United Kingdom (both from the right and left) who wish to the see the House of Lords take on a structure similar to that of the Australian Senate.[36]
Casual vacancies
[edit]Section 15 of the Constitution provides that a casual vacancy of a State senator shall be filled by the State Parliament.[37] If the previous senator was a member of a particular political party the replacement must come from the same party, but the State Parliament may choose not to fill the vacancy, in which case Section 11 requires the Senate to proceed regardless. If the State Parliament happens to be in recess when the vacancy occurs, the Constitution provides that the State Governor can appoint someone to fill the place until fourteen days after the State Parliament resumes sitting.[38]
Procedure
[edit]Work
[edit]The Australian Senate typically sits for 50 to 60 days a year.[d] Most of those days are grouped into 'sitting fortnights' of two four-day weeks. These are in turn arranged in three periods: the autumn sittings, from February to April; the winter sittings, which commence with the delivery of the budget in the House of Representatives on the first sitting day of May and run through to June or July; and the spring sittings, which commence around August and continue until December, and which typically contain the largest number of the year's sitting days.
The senate has a regular schedule that structures its typical working week.[39]
Dealing with legislation
[edit]All bills must be passed by a majority in both the House of Representatives and the Senate before they become law. Most bills originate in the House of Representatives, and the great majority are introduced by the government.
The usual procedure is for notice to be given by a government minister the day before the bill is introduced into the Senate. Once introduced the bill goes through several stages of consideration. It is given a first reading, which represents the bill's formal introduction into the chamber.
The first reading is followed by debate on the principle or policy of the bill (the second reading debate). Agreement to the bill in principle is indicated by a second reading, after which the detailed provisions of the bill are considered by one of a number of methods (see below). Bills may also be referred by either House to their specialised standing or select committees. Agreement to the policy and the details is confirmed by a third and final reading. These processes ensure that a bill is systematically considered before being agreed to.[40]
The Senate has detailed rules in its standing orders that govern how a bill is considered at each stage.[41] This process of consideration can vary greatly in the amount of time taken. Consideration of some bills is completed in a single day, while complex or controversial legislation may take months to pass through all stages of Senate scrutiny. The Constitution provides that if the Senate vote is equal, the question shall pass in the negative.[42]
Committees
[edit]In addition to the work of the main chamber, the Senate also has a large number of committees which deal with matters referred to them by the Senate. These committees also conduct hearings three times a year in which the government's budget and operations are examined. These are known as estimates hearings. Traditionally dominated by scrutiny of government activities by non-government senators, they provide the opportunity for all senators to ask questions of ministers and public officials. This may occasionally include government senators examining activities of independent publicly funded bodies, or pursuing issues arising from previous governments' terms of office. There is however a convention that senators do not have access to the files and records of previous governments when there has been an election resulting in a change in the party in government. Once a particular inquiry is completed the members of the committee can then produce a report, to be tabled in Parliament, outlining what they have discovered as well as any recommendations that they have produced for the Government to consider.[43]
The ability of the Houses of Parliament to establish committees is referenced in Section 49 of the Constitution, which states, "The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth."[44][43]
Parliamentary committees can be given a wide range of powers. One of the most significant powers is the ability to summon people to attend hearings in order to give evidence and submit documents. Anyone who attempts to hinder the work of a Parliamentary committee may be found to be in contempt of Parliament. There are a number of ways that witnesses can be found in contempt, these include; refusing to appear before a committee when summoned, refusing to answer a question during a hearing or to produce a document, or later being found to have lied to or misled a committee. Anyone who attempts to influence a witness may also be found in contempt.[45] Other powers include the ability to meet throughout Australia, to establish subcommittees and to take evidence in both public and private hearings.[43]
Proceedings of committees are considered to have the same legal standing as proceedings of Parliament. They are recorded by Hansard, except for private hearings, and also operate under Parliamentary privilege. Every participant, including committee members and witnesses giving evidence, is protected from being prosecuted under any civil or criminal action for anything they may say during a hearing. Written evidence and documents received by a committee are also protected.[45][43]
Holding governments to account
[edit]One of the functions of the Senate, both directly and through its committees, is to scrutinise government activity. The vigour of this scrutiny has been fuelled for many years by the fact that the party in government has seldom had a majority in the Senate. Whereas in the House of Representatives the government's majority has sometimes limited that chamber's capacity to implement executive scrutiny, the opposition and minor parties have been able to use their Senate numbers as a basis for conducting inquiries into government operations. When the Howard government won control of the Senate in 2005, it sparked a debate about the effectiveness of the Senate in holding the government of the day accountable for its actions. Government members argued that the Senate continued to be a forum of vigorous debate, and its committees continued to be active.[46] The Opposition leader in the Senate suggested that the government had attenuated the scrutinising activities of the Senate.[47] The Australian Democrats, a minor party which frequently played mediating and negotiating roles in the Senate, expressed concern about a diminished role for the Senate's committees.[48]
In addition to review of legislation, the Legislation Act 2003 provides that the Senate may also disallow legislative instruments – typically regulations made by government ministers using powers delegated by relevant legislation. The same power is afforded to the House of Representatives, but is rarely exercised given the government's control of numbers in the lower house. The Legislation Act 2003 provides that any senator may move a motion disallowing a legislative instrument, which if passed within 15 days has the effect of repealing the instrument. The government may not enact an equivalent legislative instrument for a period of six months following the disallowal.[49]
Voting
[edit]Senators are called upon to vote on matters before the Senate. These votes are called divisions in the case of Senate business, or ballots where the vote is to choose a senator to fill an office of the Senate (such as the President).[50]
Party discipline in Australian politics is strong, so divisions almost always are decided on party lines. Nevertheless, the existence of minor parties holding the balance of power in the Senate has made divisions in that chamber more uncertain than in the House of Representatives.
When a division is to be held, bells ring throughout the parliament building for four minutes, during which time senators must go to the chamber. At the end of that period the doors are locked and a vote is taken, by identifying and counting senators according to the side of the chamber on which they sit (ayes to the right of the chair, noes to the left). The whole procedure takes around eight minutes. Senators with commitments that keep them from the chamber may make arrangements in advance to be 'paired' with a senator of the opposite political party, so that their absence does not affect the outcome of the vote.
The Senate contains an even number of senators, so a tied vote is a real prospect (which regularly occurs when the party numbers in the chamber are finely balanced). Section 23 of the Constitution requires that in the event of a tied division, the question is resolved in the negative. The system is however different for ballots for offices such as the President. If such a ballot is tied, the Clerk of the Senate decides the outcome by the drawing of lots. In reality, conventions govern most ballots, so this situation does not arise.[42]
Political parties and voting outcomes
[edit]The strength of party discipline is demonstrated by how rare it is for members to vote against the position taken by their party. The exceptions are where a conscience vote is allowed by one or more of the political parties; and occasions where a member of a political party crosses the floor of the chamber to vote against the instructions of their party whip. Crossing the floor very rarely occurs, but is more likely in the Senate than in the House of Representatives.[51]
When the government has a majority in the Senate, the importance of party discipline increases, as it is only backbenchers that may prevent the passage of government bills. While strong party discipline has been a feature of Australian politics since the emergence of the Labor Party in the early 1900s, as late as 1980 the Fraser government could not be assured that his party's majority in the Senate would translate to absolute control, with at least 12 senators prepared to vote against the government.[52] Similarly, when the Howard government had a Senate majority between 2005 and 2007, the internal differences between members of the government coalition parties became more apparent.[53] However due to the increase in party discipline, only two senators in this period crossed the floor:[54] Gary Humphries on civil unions in the Australian Capital Territory, and Barnaby Joyce on voluntary student unionism.[55] A more significant potential instance of floor crossing was averted when the government withdrew its Migration Amendment (Designated Unauthorised Arrivals) Bill, of which several government senators had been critical, and which would have been defeated had it proceeded to the vote.[56] The controversy that surrounded these examples demonstrated both the importance of backbenchers in party policy deliberations and the limitations to their power to influence outcomes in the Senate chamber.
In September 2008, Barnaby Joyce became leader of the Nationals in the Senate, and stated that his party in the upper house would no longer necessarily vote with their Liberal counterparts.[57]
Where the Houses disagree
[edit]Double dissolutions and joint sittings
[edit]If the Senate rejects or fails to pass a proposed law, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the Senate refuses to pass the same piece of legislation, the government may either abandon the bill or continue to revise it, or, in certain circumstances outlined in section 57 of the Constitution, the Prime Minister can advise the Governor-General to dissolve the entire parliament in a double dissolution. In such an event, the entirety of the Senate faces re-election, as does the House of Representatives, rather than only about half the chamber as is normally the case. After a double dissolution election, if the bills in question are reintroduced, and if they again fail to pass the Senate, the Governor-General may agree to a joint sitting of the two Houses in an attempt to pass the bills. Such a sitting has only occurred once, in 1974.[58]
The double dissolution mechanism is not available for bills that originate in the Senate and are blocked in the lower house.
On 8 October 2003, the then Prime Minister John Howard initiated public discussion of whether the mechanism for the resolution of deadlocks between the Houses should be reformed. High levels of support for the existing mechanism, and a very low level of public interest in that discussion, resulted in the abandonment of these proposals.[59]
Allocating terms after a double dissolution
[edit]After a double dissolution election, section 13 of the Constitution requires the Senate to divide the senators into two classes, with the first class having a three-year "short term", and the second class a six-year "long term". The Senate may adopt any approach it wants to determine how to allocate the long and short terms, however two methods are currently 'on the table':
- "elected-order" method, where the senators elected first attain a six-year term. This approach tends to favour minor party candidates as it gives greater weight to their first preference votes;[60] or
- re-count method, where the long terms are allocated to those senators who would have been elected first if the election had been a standard half-Senate election.[61] This method is likely to be preferred by the major parties in the Senate where it would deliver more six-year terms to their members.[60]
The Senate applied the "elected-order" method following the 1987 double dissolution election.[61] Since that time the Senate has passed resolutions on several occasions indicating its intention to use the re-count method to allocate seats at any future double dissolution, which Green describes as a fairer approach but notes could be ignored if a majority of senators opted for the "elected-order" method instead.[61] In both double dissolution elections since 1987, the "elected order" method was used.
Blocking supply
[edit]The Senate has the same legislative power as the House of Representatives, except it may not originate or amend taxing or appropriation bills; they may only pass or reject them. The ability to block the annual appropriations bills required to fund the government ("supply") was exercised in the 1975 Australian constitutional crisis. During the crisis, the Opposition used its numbers in the Senate to defer supply bills, refusing to deal with them until an election was called for both Houses of Parliament, an election which it hoped to win. The Prime Minister of the day, Gough Whitlam, contested the legitimacy of the blocking and refused to resign. The crisis brought to a head two Westminster conventions that, under the Australian constitutional system, were in conflict – firstly, that a government may continue to govern for as long as it has the support of the lower house, and secondly, that a government that no longer has access to supply must either resign or be dismissed. The deadlock ended in November 1975 when Governor-General Sir John Kerr dismissed Whitlam's government and appointed Opposition Leader Fraser as Prime Minister, on the condition that elections for both Houses of parliament be held.[62]
In 2014, ABC elections analyst Antony Green noted that the blocking of supply alone cannot force a double dissolution. There must be legislation repeatedly blocked by the Senate which the government can then choose to use as a trigger for a double dissolution.[63]
Current Senate
[edit]State | Seats held | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
New South Wales | ||||||||||||
Victoria | ||||||||||||
Queensland | ||||||||||||
Western Australia | ||||||||||||
South Australia | ||||||||||||
Tasmania | ||||||||||||
Australian Capital Territory | ||||||||||||
Northern Territory |
2019 election
[edit]In the 2019 half-Senate election, 40 seats were up for election: six from each state and two from each territory. The senate results were: Liberal/National coalition 19 seats, Labor 13 seats, Greens 6 seats, One Nation 1 seat, and Jacqui Lambie Network 1 seat.
2022 election
[edit]In the 2022 half–Senate election, 40 seats were up for election: six from each state and two from each territory. The senate results were: Liberal/National coalition 15 seats (-4), Labor 15 seats (±0), Greens 6 seats (+3), Jacqui Lambie Network 1 seat (+1), One Nation 1 seat (±0), United Australia 1 seat (+1), and independent 1 seat (+1). The composition of the Senate after the election was:
- Liberal/National Coalition 32 seats
- Labor 26 seats
- Greens 12 seats
- Jacqui Lambie Network 2 seats
- One Nation 2 seats
- United Australia 1 seat
- Independent (David Pocock) 1 seat
Historical party composition of the Senate
[edit]The Senate has included representatives from a range of political parties, including several parties that have seldom or never had representation in the House of Representatives, but which have consistently secured a small but significant level of electoral support, as the table shows.
Results represent the composition of the Senate after the elections. The full Senate has been contested on eight occasions; the inaugural election and seven double dissolutions, these elections took place in 1914, 1951, 1974, 1975, 1983, 1987, and 2016. These are underlined and highlighted in puce.[64][65][66]
Election Year |
Labor | Liberal[e] | National[f] | Democratic Labor[g] |
Democrats | Greens | CLP | Independent | Other parties |
Total seats |
Electoral system | ||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1st | 1901 | 8 | 11[h] | 17 | 36 | Plurality-at-large voting | |||||||||
2nd | 1903 | 8 | 12[h] | 14 | 1 | 1 | Revenue Tariff | 36 | Plurality-at-large voting | ||||||
3rd | 1906 | 15 | 6[h] | 13 | 2 | 36 | Plurality-at-large voting | ||||||||
4th | 1910 | 22 | 14 | 36 | Plurality-at-large voting | ||||||||||
5th | 1913 | 29 | 7 | 36 | Plurality-at-large voting | ||||||||||
6th | 1914 | 31 | 5 | 36 | Plurality-at-large voting | ||||||||||
7th | 1917 | 12 | 24 | 36 | Plurality-at-large voting | ||||||||||
8th | 1919 | 1 | 35 | 36 | Preferential block voting | ||||||||||
9th | 1922 | 12 | 24 | 36 | Preferential block voting | ||||||||||
10th | 1925 | 8 | 25 | 3 | 36 | Preferential block voting | |||||||||
11th | 1928 | 7 | 24 | 5 | 36 | Preferential block voting | |||||||||
12th | 1931 | 10 | 21 | 5 | 36 | Preferential block voting | |||||||||
13th | 1934 | 3 | 26 | 7 | 36 | Preferential block voting | |||||||||
14th | 1937 | 16 | 16 | 4 | 36 | Preferential block voting | |||||||||
15th | 1940 | 17 | 15 | 4 | 36 | Preferential block voting | |||||||||
16th | 1943 | 22 | 12 | 2 | 36 | Preferential block voting | |||||||||
17th | 1946 | 33 | 2 | 1 | 36 | Preferential block voting | |||||||||
18th | 1949 | 34 | 21 | 5 | 60 | Single transferable vote (Full preferential voting) | |||||||||
19th | 1951 | 28 | 26 | 6 | 60 | Single transferable vote | |||||||||
20th | 1953 | 29 | 26 | 5 | 60 | Single transferable vote | |||||||||
21st | 1955 | 28 | 24 | 6 | 2 | 60 | Single transferable vote | ||||||||
22nd | 1958 | 26 | 25 | 7 | 2 | 60 | Single transferable vote | ||||||||
23rd | 1961 | 28 | 24 | 6 | 1 | 1 | 60 | Single transferable vote | |||||||
24th | 1964 | 27 | 23 | 7 | 2 | 1 | 60 | Single transferable vote | |||||||
25th | 1967 | 27 | 21 | 7 | 4 | 1 | 60 | Single transferable vote | |||||||
26th | 1970 | 26 | 21 | 5 | 5 | 3 | 60 | Single transferable vote | |||||||
27th | 1974 | 29 | 23 | 6 | 1 | 1 | Liberal Movement | 60 | Single transferable vote | ||||||
28th | 1975 | 27 | 26 | 6 | 1 | 1 | 1 | Liberal Movement | 64 | Single transferable vote | |||||
29th | 1977 | 27 | 27 | 6 | 2 | 1 | 1 | 64 | Single transferable vote | ||||||
30th | 1980 | 27 | 28 | 3 | 5 | 1 | 1 | 64 | Single transferable vote | ||||||
31st | 1983 | 30 | 23 | 4 | 5 | 1 | 1 | 64 | Single transferable vote | ||||||
32nd | 1984 | 34 | 27 | 5 | 7 | 1 | 1 | 1 | Nuclear Disarmament | 76 | Single transferable vote (Group voting ticket) | ||||
33rd | 1987 | 32 | 26 | 7 | 7 | 1 | 2 | 1 | Nuclear Disarmament | 76 | Single transferable vote (Group voting ticket) | ||||
34th | 1990 | 32 | 28 | 5 | 8 | 1 | 1 | 1 | Greens (WA) | 76 | Single transferable vote (Group voting ticket) | ||||
35th | 1993 | 30 | 29 | 6 | 7 | 1 | 1 | 2 | Greens (WA) (2) | 76 | Single transferable vote (Group voting ticket) | ||||
36th | 1996 | 29 | 31 | 5 | 7 | 1 | 1 | 2 | Greens (WA), Greens (Tas) | 76 | Single transferable vote (Group voting ticket) | ||||
37th | 1998 | 29 | 31 | 3 | 9 | 1 | 1 | 1 | 1 | One Nation | 76 | Single transferable vote (Group voting ticket) | |||
38th | 2001 | 28 | 31 | 3 | 8 | 2 | 1 | 2 | 1 | One Nation | 76 | Single transferable vote (Group voting ticket) | |||
39th | 2004 | 28 | 33 | 5 | 4 | 4 | 1 | 1 | Family First | 76 | Single transferable vote (Group voting ticket) | ||||
40th | 2007 | 32 | 32 | 4 | 5 | 1 | 1 | 1 | Family First | 76 | Single transferable vote (Group voting ticket) | ||||
41st | 2010 | 31 | 28 + (3 LNP) | 2 | 1 | 9 | 1 | 1 | 76 | Single transferable vote (Group voting ticket) | |||||
42nd | 2013 | 25 | 23 + (5 LNP) | 3 + (1 LNP) | 1 | 10 | 1 | 1 | 6 | Family First, Liberal Democrats, Motoring Enthusiast, Palmer United (3) |
76 | Single transferable vote (Group voting ticket) | |||
43rd | 2016 | 26 | 21 + (3 LNP) | 3 + (2 LNP) | 9 | 1 | 11 | Family First, Jacqui Lambie, Justice Party, Liberal Democrats, Nick Xenophon Team (3), One Nation (4) |
76 | Single transferable vote (Optional preferential voting) | |||||
44th | 2019 | 26 | 26 + (4 LNP) | 2 + (2 LNP) | 9 | 1 | 1 | 5 | Centre Alliance (2),
Jacqui Lambie, |
76 | Single transferable vote (Optional preferential voting) | ||||
45th | 2022 | 26 | 23 + (3 LNP) | 3 + (2 LNP) | 12 | 1 | 1 | 5 | Lambie Network (2),
One Nation (2), United Australia (1) |
76 | Single transferable vote (Optional preferential voting) |
See also
[edit]- 2019 Australian federal election
- Canberra Press Gallery
- Clerk of the Australian Senate
- Double dissolution
- Father of the Australian Senate
- List of Australian Senate appointments
- Members of the Australian Parliament who have served for at least 30 years
- Members of the Australian Senate, 2022–2025
- Women in the Australian Senate
Notes
[edit]- ^ Including two Liberal National Party of Queensland (LNP) senators who sit in the Liberals party room.
- ^ Including two Liberal National Party of Queensland (LNP) senators and one Country Liberal Party senator who sit in the Nationals party room.
- ^ David Pocock, Gerard Rennick, Tammy Tyrrell, Lidia Thorpe, Fatima Payman and David Van
- ^ Figures are available for each year on the Senate StatsNet.
- ^ Includes results for the Free Trade Party for 1901 and 1903, the Anti-Socialist Party for 1906, the Commonwealth Liberal Party for 1910–1914, the Nationalist Party for 1917–1929, and the United Australia Party for 1931–1943.
- ^ Used the name Country Party for 1919–1974 and National Country Party for 1975–1980.
- ^ Including both the Democratic Labor Party (1955−1978) and its successor, the present-day Democratic Labour Party.
- ^ a b c Protectionist Party
References
[edit]- ^ a b "Part V - Powers of the Parliament". Archived from the original on 5 May 2017. Retrieved 13 May 2017.
- ^ Viglianti-Northway, Karena (2020). The Intentions of the Framers of the Australian Constitution Regarding Responsible Government and Accountability of the Commonerslth Executive to the Australian Senate (PDF). University of Technology Sydney. Archived (PDF) from the original on 3 March 2021. Retrieved 5 September 2020.
- ^ "How have the British and US systems of government influenced the Australian government system?". Parliamentary Education Office. Archived from the original on 12 March 2023. Retrieved 5 December 2023.
- ^ Thompson, Elaine (1980). "The "Washminster" Mutation". Australian Journal of Political Science. 15 (2): 32–40. doi:10.1080/00323268008401755. Archived from the original on 18 December 2023. Retrieved 17 December 2023 – via Taylor & Francis Online.
- ^ Thompson, Elaine (2001). "The Constitution and the Australian System of Limited Government, Responsible Government and Representative Democracy: Revisiting the Washminster Mutation". University of New South Wales Law Journal. 24 (3). Archived from the original on 18 December 2023. Retrieved 17 December 2023 – via Austlii.
- ^ "No. 14 - Ministers in the Senate". Senate Briefs. Parliament of Australia. December 2016. Archived from the original on 31 December 2016. Retrieved 31 December 2016.
- ^ "Information on Senate Committees". Parliament of Australia. Archived from the original on 2 March 2024. Retrieved 2 March 2024.
- ^ Sawer, Marian & Miskin, Sarah (1999). Papers on Parliament No. 34 Representation and Institutional Change: 50 Years of Proportional Representation in the Senate (PDF). Department of the Senate. ISBN 0-642-71061-9. Archived (PDF) from the original on 3 October 2020. Retrieved 21 September 2020.
- ^ a b Department of the Senate, Senate Brief No. 1, 'Electing Australia's Senators' Archived 29 August 2007 at the Wayback Machine. Retrieved August 2007.
- ^ Antony Green (23 September 2015). "The Origin of Senate Group Ticket Voting, and it didn't come from the Major Parties". ABC. Archived from the original on 24 February 2021. Retrieved 20 March 2016.
- ^ Williams, George; Brennan, Sean; Lynch, Andrew (2014). Blackshield and Williams Australian constitutional law and theory : commentary and materials (6th ed.). Annandale, NSW: Federation Press. p. 415. ISBN 9781862879188.
- ^ "Senate voting changes explained in AEC advertisements". abc.net.au. 26 April 2016. Archived from the original on 6 May 2016. Retrieved 9 August 2018.
- ^ Stephen Morey (2 May 2019). "Explainer: how does preferential voting work in the Senate?". The Conversation. Retrieved 27 November 2019.
- ^ "High court rejects Bob Day appeal and finds Senate voting changes are legal". The Guardian. 13 May 2016.
- ^ Day v Australian Electoral Officer for the State of South Australia [2016] HCA 20
- ^ "Voting in the Senate". Australian Electoral Commission. 4 January 2019. Archived from the original on 27 February 2020. Retrieved 27 November 2019.
- ^ "Candidate information". Australian Electoral Commission. 17 October 2019. Archived from the original on 19 June 2020. Retrieved 27 November 2019.
- ^ "Election funding". Australian Electoral Commission. 11 June 2019. Archived from the original on 16 October 2019. Retrieved 27 November 2019.
- ^ "Chapter 4, Odgers' Australian Senate Practice". Aph.gov.au. 2 February 2010. Archived from the original on 21 March 2011. Retrieved 17 July 2010.
- ^ Senate (Representation of Territories) Act 1973 (Cth)
- ^ "Norfolk Island Electors". Australian Electoral Commission. 2016. Archived from the original on 15 June 2016. Retrieved 6 August 2016.
- ^ Commonwealth of Australia Constitution Act (Cth) s 13
- ^ Senate (Representation of Territories) Act 1973 (Cth) s 6
- ^ The Senate count process (PDF) (Pamphlet), Australian Electoral Commission, archived from the original (PDF) on 25 March 2020
- ^ "Senate quota". Australian Electoral Commission Tally Room - 2016 Federal Election. Australian Electoral Commission. 9 August 2016. Archived from the original on 21 September 2016. Retrieved 21 March 2022.
- ^ Paul Keating, Prime Minister (4 November 1992). "Questions without notice: Loan council arrangements". House Hansard. Parliament of Australia: House of Representatives. p. 2547. Archived from the original on 13 September 2024.
We have set up a system since then which has put the globals back in place. We roped into the globals such things as operating leases. We have got enhanced reporting standards on all State Budgets so that they are the same, as the Statistician would require for the compilation of national statistics. We have dealt with people who want to erode the globals, as I did with Victoria when I was Treasurer under the VEDC. When the then Premier, Mr Cain, sought to imply that equity should become debt, I made him unwind the arrangements. But one Treasurer borrows and turns a short term borrowing into a medium term borrowing—no more money is borrowed; a short term borrowing just becomes a medium term borrowing—without telling our Treasurer and our Treasurer immediately responds and tells him he has to regularise it and you, who let 75 per cent of borrowings run everywhere, have the gall to get up and talk about the Loan Council and to set up a Senate committee. Then you want a Minister from the House of Representatives chamber to wander over to the unrepresentative chamber and account for himself. You have got to be joking. Whether the Treasurer wished to go there or not, I would forbid him going to the Senate to account to this unrepresentative swill over there—
- ^ "Population: Census". Australian Bureau of Statistics - Population: Census 2021. 28 June 2022. Archived from the original on 19 February 2024. Retrieved 7 March 2024.
- ^ Australian Bureau of Statistics (28 June 2022). "Norfolk Island". 2021 Census QuickStats. Retrieved 7 March 2024.
- ^ Australian Bureau of Statistics (28 June 2022). "Christmas Island". 2021 Census QuickStats. Retrieved 7 March 2024.
- ^ Australian Bureau of Statistics (28 June 2022). "Jervis Bay". 2021 Census QuickStats. Retrieved 7 March 2024.
- ^ Australian Bureau of Statistics (28 June 2022). "Cocos (Keeling) Islands". 2021 Census QuickStats. Retrieved 7 March 2024.
- ^ Lijphart, Arend (1 November 1999). "Australian Democracy: Modifying Majoritarianism?". Australian Journal of Political Science. 34 (3): 313–326. doi:10.1080/10361149950254. ISSN 1036-1146.
- ^ Sawer, Marian (1999). Marian Sawer; Sarah Miskin (eds.). Overview: Institutional Design and the Role of the Senate (PDF). Representation and Institutional Change: 50 Years of Proportional Representation in the Senate. Vol. 34. pp. 1–12. Archived from the original (PDF) on 17 January 2011.
- ^ Trudgian, Tim. "Just how representative are the houses of parliament of how Australians vote?". The Conversation. Archived from the original on 21 September 2018. Retrieved 30 May 2018.
- ^ Ted Morton, 'Senate Envy: Why Western Canada Wants What Australia Has' Archived 14 May 2013 at the Wayback Machine, Senate Envy and Other Lectures in the Senate Occasional Lecture Series, 2001–2002, Department of the Senate, Canberra.
- ^ Renwick, Alan (2011). House of Lords Reform: A Briefing Paper (PDF). Political Studies Association.
- ^ Commonwealth of Australia Constitution Act (Cth) s 15
- ^ Commonwealth of Australia Constitution Act (Cth) s 11
- ^ "Senate weekly routine of business". Australian Senate. 7 November 2011. Archived from the original on 26 January 2012.
- ^ Australian Senate, 'The Senate and Legislation' Archived 24 September 2008 at the Wayback Machine, Senate Brief, No. 8, 2008, Department of the Senate, Canberra.
- ^ Australian Senate, 'Consideration of legislation' Archived 26 September 2008 at the Wayback Machine, Brief Guides to Senate Procedure, No. 9, Department of the Senate, Canberra.
- ^ a b Commonwealth of Australia Constitution Act (Cth) s 23
- ^ a b c d "Odgers' Australian Senate Practice Fourteenth Edition Chapter 16 - Committees". 2017. Archived from the original on 20 March 2017. Retrieved 19 March 2017.
- ^ Commonwealth of Australia Constitution Act (Cth) s 49
- ^ a b "Infosheet 4 - Committees". aph.gov.au. Archived from the original on 17 October 2016. Retrieved 22 February 2017.
- ^ "Media Release 43/2006 – Senate remains robust under Government majority". 30 June 2006. Archived from the original on 27 September 2007.
- ^ "Senator Chris Evans, The tyranny of the majority (speech)". 10 November 2005. Archived from the original on 12 November 2009.
Labor has accused the Government of 'ramming' bills through the Senate – but Labor "guillotined" Parliamentary debate more than twice the number of times in their 13 years in Government than the Coalition has over the last decade. In the last six months, the Government has not sought to guillotine any bill through the Senate.
- ^ "Senator Andrew Murray: Australian Democrats Accountability Spokesperson Senate Statistics 1 July 2005 – 30 June 2006" (PDF). 4 July 2006. Archived from the original (PDF) on 5 August 2006.
- ^ "No. 19 - Disallowance". Guides to Senate Procedure. Parliament of Australia. Archived from the original on 19 May 2024. Retrieved 19 May 2024.
- ^ Senate Standing Orders, numbers 7, 10, 98–105, 163
- ^ Deirdre McKeown, Rob Lundie and Greg Baker, 'Crossing the floor in the Federal Parliament 1950 – August 2004' Archived 3 October 2008 at the Wayback Machine, Research Note, No. 11, 2005–06, Department of Parliamentary Services, Canberra.
- ^ Evans, Harry (2008). "The case for bicameralism". In Aroney, Nicholas; Prasser, Scott; Nethercote, J. R. (eds.). Restraining elective dictatorship: the upper house solution?. Crawley, W.A: University of Western Australia Press. p. 71. ISBN 978-1-921401-09-1.
- ^ Uhr, John (June 2005). "How Democratic is Parliament? A case study in auditing the performance of Parliaments" (PDF). Democratic Audit of Australia, Discussion Paper. Archived from the original (PDF) on 14 May 2013.
- ^ Peter Veness, 'Crossing floor 'courageous, futile', news.com.au, 15 June 2006. Retrieved January 2008.
- ^ Neither of these instances resulted in the defeat of a government proposal, as in both cases Senator Steve Fielding voted with the government.
- ^ Howard, John (14 August 2006). "Transcript of the Prime Minister the Hon John Howard MP Press Conference, Parliament House, Canberra". Prime Minister of Australia News Room. Office of the Prime Minister of the Commonwealth of Australia. Archived from the original on 21 August 2006. Retrieved 21 August 2006.
- ^ "Nationals won't toe Libs' line: Joyce – SMH 18/9/2008". News.smh.com.au. 18 September 2008. Archived from the original on 3 December 2013. Retrieved 17 July 2010.
- ^ Commonwealth of Australia Constitution Act (Cth) s 57
- ^ Consultative Group on Constitutional Change (March 2004). "Resolving Deadlocks: The Public Response" (PDF). p. 8. Archived from the original (PDF) on 17 January 2008.
- ^ a b Uma Patel (6 July 2016). "Election 2016: How do we decide which senators are in for three years and which are in for six?". Australian Broadcasting Corporation.
- ^ a b c Antony Green (25 April 2016). "How Long and Short Senate Terms are Allocated After a Double Dissolution". Australian Broadcasting Corporation. Archived from the original on 26 June 2016.
- ^ Kerr, John. "Statement from John Kerr (dated 11 November 1975) explaining his decisions". WhitlamDismissal.com. Archived from the original on 23 February 2012. Retrieved 11 January 2017.
- ^ Green, Antony (19 May 2014). "An Early Double Dissolution? Don't Hold Your Breath!". ABC News. Archived from the original on 13 September 2024. Retrieved 1 August 2016.
- ^ Green, Antony. "Senate Results". Archived from the original on 13 September 2024. Retrieved 13 September 2024 – via ABC News.
- ^ Barber, Stephen (31 March 2017). "Federal election results 1901–2016". Parliament of Australia. Archived from the original on 13 September 2024. Retrieved 13 September 2024.
- ^ Muller, Damon (29 June 2020). "The 2019 federal election". Parliament of Australia. Archived from the original on 13 September 2024. Retrieved 13 September 2024.
Further reading
[edit]- Odgers, JR; Evans, Henry (30 June 2022). Laing, Rosemary (ed.). Odgers' Australian Senate Practice (14th with updates to 30 June 2022 ed.). Canberra: Department of the Senate. ISBN 978-1-76010-503-7.
- Bach, Stanley (2003). Platypus and Parliament: The Australian Senate in Theory and Practice. Department of the Senate. ISBN 978-0-642-71291-2. Archived from the original on 20 December 2016. Retrieved 13 December 2016.
- John Halligan, Robin Miller and John Power, Parliament in the Twenty-first Century: Institutional Reform and Emerging Roles, Melbourne University Publishing, 2007
- Sawer, Marian & Miskin, Sarah (1999). Papers on Parliament No. 34 Representation and Institutional Change: 50 Years of Proportional Representation in the Senate (PDF). Department of the Senate. ISBN 0-642-71061-9. Archived (PDF) from the original on 3 October 2020. Retrieved 21 September 2020.
External links
[edit]- Official website of the Australian Senate
- Australian Parliament – live broadcasting
- Senate StatsNet
- The Biographical Dictionary of the Australian Senate
- Australia's Upper Houses - ABC Rear Vision A podcast about the development of Australia's upper houses into STV proportional representation elected chambers.