Frequently Asked Questions
1. How many senators are there and how long do they serve?
There are seventy-six senators—twelve for each state and two each
for the Australian Capital Territory and the Northern Territory. Senators
are elected by a system of proportional representation for a period of
six years. A system of rotation, however, ensures that half the Senate
retires every three years. The four senators who represent the Australian
Capital Territory and the Northern Territory are elected concurrently
with members of the House of Representatives and the duration of their
terms of office coincide with those for that House (a maximum of three
years).
[Senate Brief No. 1, Electing
Australia's Senators]
2. Why are the minor parties more successful in having candidates
elected to the Senate than the House of Representatives?
Independents and members of minority parties have a better chance of
election to the Senate than the House of Representatives because a different
electoral system is used. In Senate elections, a system called proportional
representation voting secures the election of a number of candidates,
each of whom has obtained a required quota or proportion of votes necessary
for election. The quota is worked out by dividing the total number of
formal votes in the election by one more than the number of places available
for election No one candidate needs to obtain a majority of votes, as
is the case in House of Representative elections.
Votes received in excess of the quota by successful candidates are redistributed
to those candidates who have been ranked second by the voters on the excess
ballot papers. If insufficient candidates reach a quota after this distribution,
the preferences of voters for the least successful candidates are progressively
distributed until enough candidates reach a quota to fill the available
seats. Independents and members of minority parties, who would not hope
to receive enough first votes to achieve a quota, are usually elected
on the preferences of voters who gave their first vote to another candidate.
This method of electing senators to the Australian Parliament results
in a representation which more closely reflects the wishes of voters than
that used by the House of Representatives. In the 1996 election for example,
the Australian Democrats received 10.8% of the vote and secured 12.5%
(or 5 ) of the 40 available seats in the Senate. They received 6.8% of
the vote for the House of Representatives, but were not successful in
having a candidate elected. Proportional representation is designed to
ensure that the number of seats won is in proportion to the number of
votes received.
[Senate Brief No. 1, Electing
Australia's Senators]
3. What happens if a senator resigns or dies before his or her term
expires?
When a casual vacancy occurs in the Senate, on the resignation or death
of a senator, a new senator is appointed by the parliament of the state
which the former senator represented. If the state or territory parliament
is not sitting, an appointment can be made by the Governor of the state
( or in the case of an Australian Capital Territory senator, the Governor-General,
or the Administrator in the case of the Northern Territory) and the appointment
is confirmed by the parliament when next it assembles.
In order that the Senate continue to preserve the representation of parties
in the Senate as determined by the electors, the new senator must be of
the same political party or group as the senator he is replacing. It is
a matter of contention whether this means that the appointee must be the
nominee of the political party or whether it suffices that he or she is
a member of that party.
[Senate Brief No. 1, Electing
Australia's Senators]
How is the President of the Senate elected?
When the position of President of the Senate becomes vacant, the election
of a President is given priority over other Senate business. It begins
with a senator proposing to the Clerk, who acts as chairman, that a senator
who is present be President of the Senate. If no other senator is proposed,
that Senator is called to the chair and becomes President. When two or
more senators are proposed as President, a secret ballot is conducted.
Each senator is provided with a ballot paper on which to write the name
of a candidate, and if one candidate receives a majority of the votes
of the senators present he or she is declared elected.
If, in the case of two candidates, the vote is tied, the vote is taken
again; and if they are still tied, the Clerk determines by lot which candidate
should be withdrawn. Where there are more than two candidates and no-one
receives a majority of votes on the first count, the candidate having
the smallest number of votes withdraws and a fresh vote is taken.
The office of President of the Senate is conventionally taken by a member
of the party which holds a majority in the House of Representatives (the
government), while the Deputy President is a member of the largest opposition
party. [Senate Brief No. 6, The President of
the Senate].
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