Chapter 6 - Senators
Leave of absence
Because of the provisions
of section 20 of the Constitution, under which the place of a senator becomes
vacant if the senator, without the permission of the Senate, fails to attend
the Senate for two consecutive months of any session (see above, under
Determination of disqualifications), the Senate grants leave of absence to
senators.
Leave of absence
may be granted to a senator by motion on notice, the motion stating the cause
and period of absence. A notice of motion to grant leave of absence takes
precedence as Business of the Senate (SO 47(1)). A senator
granted leave of absence is excused from service in the Senate or on a
committee (SO 47(2)). A senator
forfeits leave of absence by attending the Senate before the leave expires (SO 47(3)).
It is now the practice to grant leave of absence even for short periods
when there is no danger of section 20 applying. One reason for this is that the
Journals of the Senate record attendance of
senators and whether leave of absence has been granted.
Section 20 applies only to absence during a session, so the absence of
a senator during a period when the Parliament is prorogued does not activate
the section (for an explanation of sessions and prorogation, see Chapter 7,
Meetings of the Senate).
It is not clear whether senators should be granted leave of absence
during a long adjournment of the Senate to avoid disqualification under section
20. It can be argued that, when the Senate is adjourned, it is not possible for
a senator to attend in the Senate, and all senators have implied permission to
be absent during the adjournment. Erring on the side of caution, however, the
Senate always grants leave of absence to all senators before a long
adjournment. This grant of leave of absence covers new senators whose terms of
office begin during a long adjournment. (Debates on the interpretation of
section 20 and the necessity for this precaution occurred in 1907 and 1914: SD,
21/11/1907, pp 6297-9; 11/12/1914, pp 1566-9; for an analysis of the
question of the competence of the Senate to grant leave of absence to senators
who have not taken the oath or affirmation, see ASP, 6th ed.,
pp 956-7.)
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