9. DIVISIONS
Decision on the voices
After putting the question, the Chair asks those supporting the motion to say aye and those against it to say no. The Chair then announces whether, in his or her opinion, the majority of the voices are for the Ayes or Noes, by saying I think the "Ayes" have it or I think the "Noes" have it. If no Member challenges the Chairs opinion the matter is decided there and then. Most decisions are made in this manner.
If more than one Member challenges the Chairs opinion of the vote on the voices in the House the question has to be decided by a formal vote. A formal vote is taken by division—that is, by Members physically dividing themselves into two groups, for and against the question (S.O. 192).
Decision in the Main Committee
Decisions in the Main Committee can only be made on the voices. If agreement cannot be reached the matter for decision becomes an unresolved question which is reported back to the House for resolution there (S.O. 276).
Only one Member calling for a division
If only one Member calls for a division the Member may have his or her dissent recorded in the Votes and Proceedings and in the Hansard record, but no vote is held (S.O. 193).
Bells
When a division is called for, the Chair instructs the Clerk to ring the bells to summon Members to the Chamber (S.O. 199). The Clerk activates the bells for four minutes, using a sand-glass to measure the time. The bells sound throughout Parliament House, accompanied by flashing green lights to indicate the House of Representatives (red lights indicate the Senate). In the case of successive divisions (see below) the Chair orders the bells to be rung for one minute only (S.O. 203A).
The Chair of the Main Committee is informed by an indicator light when a division has been called in the House, and immediately suspends the Committees proceedings to enable Members to attend the division (S.O. 274).
Doors locked
When the bells stop ringing the Chair orders the doors of the Chamber to be locked and again states the question, directing the Ayes to pass to the right of the Chair and the Noes to pass to the left. If they have not done so already, Members take seats on the relevant side of the Chamber. After the doors have been locked no Member may enter or leave the Chamber until the division is concluded (S.O. 200). Members must vote in the division according to their vote on the voices (S.O. 194). Members who called for the division must remain and vote with those who were declared by the Chair to be in the minority when the voices were taken (S.O. 195).
Four or fewer Members on a side
If there are four or fewer Members on a side at the time the doors are locked, the Chair declares the result of the division immediately and no count is made. The names of the Members in the minority are recorded in the Votes and Proceedings (S.O. 204).
Appointment of tellers
When Members have taken their places, the Chair appoints Members as tellers on each side to record the names of the Members voting (S.O. 201). Tellers are usually, but not necessarily, selected from the whips, or deputy or assistant whips. The number of tellers is at the Chairs discretion; recent practice has generally been to appoint two on each side. Should the tellers on one side refuse to act, the division is not proceeded with and the Chair declares the question resolved as appropriate—that is, in the negative if the Ayes refuse to act, in the affirmative in the case of the Noes.
Voting
Voting commences on the appointment of the tellers, and no Member may then move from his or her seat until the result of the division has been announced. The tellers count the Members within the area of the seats allotted to Members (S.O. 203). All Members within that area must vote (S.O. 202).
The tellers, operating in pairs (a teller for the Ayes with a teller for the Noes), carry out the count by marking off Members names on printed division lists. At the same time the Clerk and Deputy Clerk also perform a count. When all counts are in agreement the tellers sign the lists (the tellers for the Ayes signing the Ayes list and the tellers for the Noes the Noes list) and hand the results to the Clerk, who passes them to the Chair to declare the result. The Chair announces the number of votes on each side and whether the question has been resolved in the affirmative or negatived (S.O. 203). The House then carries on with the next stage of the business being considered, or the next item of business.
The division lists are published in the Votes and Proceedings (S.O. 207). The Speaker may have the record corrected if the division has been inaccurately reported (S.O. 209).
Successive divisions
When successive divisions are taken, and there is no intervening debate after the first division, the Chair orders the bells to be rung for one minute only (S.O. 203A).
With successive divisions Members votes are recorded as being the same as for the immediately preceding division unless Members report different voting intentions to the tellers—this applies to Members who voted in the preceding division and who now wish not to vote or to vote differently, as well as to Members who did not vote in the preceding division and who now wish to vote. Members who intend to vote the same way as they did previously must remain in their seats until the result of the division is announced. A full count is carried out if it is clear to the Chair that the majority of Members wish to vote differently or if there is any confusion or error in the numbers (S.O. 203B).
Repeated division
In the case of confusion or error which cannot be corrected, the division is repeated (S.O. 208).
Casting vote of Chair
The Speaker cannot vote in a division unless the numbers are equal and then he or she has a casting vote (section 40 of the Constitution). If the Speaker gives reasons for the way in which his or her vote has been cast, the reasons are recorded in the Votes and Proceedings (S.O. 210).
The provision for a casting vote also applies to Members deputising for or acting in the position of Speaker (i.e. Deputy Speaker or Second Deputy Speaker, or another Member as Acting Speaker), but it does not apply to members of the Speakers panel in the Chair unless specifically appointed by resolution of the House as Acting Speaker.
Deferred divisions
On Mondays, any division called for in the House on a question, other than a motion moved by a Minister, in the period prior to questions without notice being called on or during presentation of petitions or private Members business, is deferred until the grievance debate has concluded or been postponed (S.O. 193).
Pairs
A Member cannot vote by proxy, but if he or she is to be absent, may arrange a pair with a Member of the opposite party, in which case neither Member votes. Although now recorded in the Votes and Proceedings, pairs are a matter of private arrangement (made in consultation with the whips) and are not recognised by the standing orders.
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