Free votes in the Commonwealth Parliament 1950-2021: a quick guide

21 May 2021

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Dr Michael Sloane
Politics and Public Administration Section

This quick guide contains an updated list of free votes granted by either of the two major parties—the Australian Labor Party and the Liberal Party of Australia—in the Commonwealth Parliament between 1950 and 2021. A free vote occurs when one or more parties allow their members to vote according to their own judgment, rather than requiring them to vote in accordance with party policy. Free votes are often granted on contested moral or ethical issues—for example, abortion, capital punishment, marriage regulation and emerging medical technologies. Free votes granted on such issues are often referred to as ‘conscience votes’ (although the terms are often used interchangeably in the media). Free votes have also been granted on issues concerning the administration of the Parliament.

Although many free votes have been granted on contested moral or ethical issues, there have also been many instances of parties requiring their members to vote in accordance with existing policies on such matters. For example, there are instances listed below where ALP members voted in accordance with established party policy on legislation concerning the death penalty, family law and sex discrimination, while Liberal Party members were granted a conscience vote on the same matters.

The great majority of the free votes listed below were explicitly identified as such by participants in parliamentary debate. However, the list also includes several instances where a vote was not explicitly declared to be a free vote by one or both of the major parties but it nevertheless appears from the voting record and the manner in which a party has dealt with a particular issue in the past that its members were not bound to vote according to a party policy. In this context, it is significant that party discipline is enforced differently in the two major parties—ALP members are formally bound by a pledge to support the decisions of the Caucus and may be expelled if they do not do so, whereas the Liberal Party does not require such a formal pledge and a more complex compromise between party discipline and the autonomy of individual parliamentarians exists.[1]

The information presented below in Table 3 provides an update of the information presented in Appendix 3 of D McKeown and R Lundie, Conscience votes during the Howard Government 1996–‍2007.

Other Parliamentary Library publications on this topic include:

D McKeown and R Lundie, ‘Conscience votes on same-sex marriage legislation’, FlagPost, Parliamentary Library blog, 22 December 2011
D McKeown, ‘Conscience votes in the federal Parliament’, FlagPost, Parliamentary Library blog, 9 November 2010
D McKeown and R Lundie, Free votes in Australian and some overseas parliaments, Current issues brief, 1, 2002–03, 27 August 2002
D Muller, ‘The passage of private members’ and senators’ bills through the Parliament’, FlagPost, Parliamentary Library blog, 6 December 2017

Tables 1 and 2 below provide summary information for bills and motions respectively, and Table 3 provides detailed information about the bills and motions.

Table 1: Bills subject to a free vote in the Commonwealth Parliament since 1950[2]

	Number of bills introduced	Bills passed by original House	Bills passed by both Houses
Private senators’ bills	9	6	3
Private members’ bills	5	2	2
Government bills introduced in the Senate	4	4	4
Government bills introduced in the House of Representatives	7	6	5
Total	25	18	14

Table 2: Motions subject to a free vote in the Commonwealth Parliament since 1950[3]

	Motions moved in both Houses	Motions moved in the House of Representatives	Motions agreed to by the House of Representatives	Motions moved in the Senate	Motions agreed to by the Senate
General business	9	5	4	4	0
Government business	9	7	7	2	2
Total	18	12	11	6	2

Abbreviations

AD Australian Democrats

ALP Australian Labor Party

DHJP Derryn Hinch’s Justice Party

GRN Australian Greens

IND Independent

KAP Katter’s Australia Party

LDP Liberal Democratic Party

LIB Liberal Party of Australia

NCP National Country Party

NP The Nationals

NPA National Party of Australia

NXT Nick Xenophon Team

2R second reading

3R third reading[4]

Table 3: Free votes in the Commonwealth Parliament 1950–2021

Issue	Date bill introduced or motion moved	Category	Sponsor(s)	Major parties granting free votes	Outcome
Matrimonial Bill 1957	Bill introduced in the House of Representatives 11.4.1957	Private member’s bill	Percy Joske (LIB, Balaclava, Vic.)	ALP and LIB	House of Representatives 2R agreed to but not considered further
Parliamentary Allowances Bill 1959	Bill introduced in the House of Representatives 14.4.1959	Government bill	Robert Menzies (LIB, Kooyong, Vic.), Prime Minister	LIB	Bill passed both Houses House of Representatives 2R and 3R agreed to 16.4.1959 Senate 2R and 3R agreed to 21.4.1959
Matrimonial Causes Bill 1959	Bill introduced in the House of Representatives 14.5.1959	Government bill	Garfield Barwick (LIB, Parramatta, NSW), Attorney-General	ALP and LIB	Bill passed both Houses House of Representatives 2R agreed to 17.11.1959 3R agreed to 19.11.1959 Senate 2R agreed to 26.11.1959 3R agreed to 28.11.1959
Marriage Bill 1961	Bill introduced in the House of Representatives 21.3.1961 Note: this bill was originally introduced (19.5.1960) as the Marriage Bill 1960 before being withdrawn to incorporate amendments.	Government bill	Garfield Barwick (LIB, Parramatta, NSW), Attorney-General	ALP and LIB	Bill passed both Houses House of Representatives 2R agreed to 21.3.1961 3R agreed to 22.3.1961 Senate 2R agreed to 18.4.1961 3R agreed to 19.4.1961
Standing Orders Committee—Report—Amendments to Standing Orders	Motion that the report be adopted and standing orders be amended as recommended by the committee moved in the House of Representatives 31.3.1965	Motion	Harold Holt (LIB, Higgins, Vic.), Treasurer	LIB	House of Representatives Motion agreed to 31.3.1965
Fluoridation of Canberra water supply—proposed referendum	Motion moved in the House of Representatives 18.3.1965	Motion (general business)	Jim Killen (LIB, Moreton, Qld)	ALP and LIB	House of Representatives Motion agreed to 18.3.1965
Death Penalty Abolition Bill 1968	Bill introduced in the Senate 21.3.1968	Private senator’s bill	Lionel Murphy (ALP, NSW), Leader of the Opposition in the Senate Gough Whitlam (ALP, Werriwa, NSW), Leader of the Opposition	LIB (in the Senate)	Senate 2R and 3R agreed to 4.6.1968 House of Representatives 2R moved but not considered further 5.6.1968
New and Permanent Parliament House Site	Motion moved in the House of Representatives 15.8.1968	Motion	John Gorton (LIB, Higgins, Vic.), Prime Minister	ALP and LIB	House of Representatives Motion amended and agreed to 17.10.1968 Senate Senate agreed to a motion concurring with the House of Representatives resolution, without prejudice to its 22.8.1968 resolution (see entry below) 26.11.1968
New and Permanent Parliament House Site	Motion moved in the Senate 20.8.1968	Motion	Kenneth Anderson (LIB, NSW), Minister for Supply	ALP and LIB	Senate Motion amended and agreed to 22.8.1968
Report of the Joint Select Committee on the New and Permanent Parliament House	Motion that the report be adopted moved in the House of Representatives 13.5.1969	Motion	Peter Nixon (NPA, Gippsland, Vic.), Minister for the Interior Kenneth Anderson (LIB, NSW), Minister for Supply	ALP and LIB	House of Representatives Motion agreed to 14.5.1969 Senate For complex procedural reasons, the Senate considered the recommendations of the report during a debate on a motion to rescind an earlier resolution that the new and permanent Parliament House be situated at Capital Hill (see entry above). The Senate did not agree to rescind the earlier resolution, thereby reaffirming its opinion on the proposed site of the new and permanent Parliament House 27.5.1969
Standing Orders Committee—Report	Motion that the report be adopted and standing orders be amended as recommended by the committee moved in the House of Representatives 10.6.1970	Motion	Reginald Swartz (LIB, Darling Downs, Qld), Leader of the House and Minister for National Development	ALP and LIB	House of Representatives Motion agreed to 10.6.1970
Death Penalty Abolition Bill 1970	Bill introduced in the Senate 22.4.1970	Private senator’s bill	Lionel Murphy (ALP, NSW), Leader of the Opposition in the Senate	LIB	Senate 2R, amendments and 3R agreed to 9.3.1972 House of Representatives 2R debate commenced 21.3.1972 but did not proceed further
House of Representatives (Quorum of Members Bill) 1970	Bill introduced in the House of Representatives 1.9.1970	Government bill	Billy Snedden (LIB, Bruce, Vic.), Minister for Labour and National Service	ALP and LIB	House of Representatives 2R, amendment and 3R agreed to 4.9.1970 Senate Bill introduced 21.10.1970 but did not proceed further
Standing Orders Committee—Report	Motion that the report be adopted and standing orders be amended as recommended by the committee moved in the House of Representatives 23.8.1971	Motion	Reginald Swartz (LIB, Darling Downs, Qld), Leader of the House and Minister for National Development	ALP and LIB	House of Representatives Motion agreed to 26.8.1971
Standing Orders Committee—Report	Motion to agree to recommendations, endorse decisions and adopt proposed changes to standing orders contained in the report moved in the House of Representatives 13.4.1972	Motion	Reginald Swartz (LIB, Darling Downs, Qld), Leader of the House and Minister for National Development	ALP and LIB	House of Representatives Motion divided, with parts agreed to 13.4.1972, 18.4.1972 and 19.4.1972.
New and Permanent Parliament House	Motion moved in the House of Representatives 23.8.1973	Motion (general business)	Gordon Scholes (ALP, Corio, Vic.)	ALP and LIB	House of Representatives Motion agreed to 24.10.1973 Senate The Senate did not concur in the House resolution and agreed to an alternative resolution 15.11.1973.
Parliament Bill 1973	Bill introduced in the Senate 8.11.1973	Private senator’s bill	Reg Wright (LIB, Tas.)	ALP and LIB	Senate 2R agreed to 22.11.1973 Amendments and 3R agreed to 29.11.1973 House of Representatives Introduced 4.12.1973 but not considered further
Medical Practice Clarification Bill 1973	Bill introduced in the House of Representatives 10.5.1973	Private member’s bill	David McKenzie (ALP, Diamond Valley, Vic.)	ALP and LIB	House of Representatives Bill defeated at the 2R stage 10.5.1973
Sexual relationships—social, educational and legal aspects—proposed Royal Commission	Motion moved in the House of Representatives 13.9.1973	Motion (general business)	Motion moved by Race Mathews (ALP, Casey, Vic.), co-sponsored by Don Chipp (LIB, Hotham, Vic.)	ALP and LIB	House of Representatives Amended motion agreed to 13.9.1973
Death Penalty Abolition Bill 1973	Bill introduced in the Senate 1.3.1973	Government bill	Lionel Murphy (ALP, NSW), Attorney-General and Minister for Customs and Excise	LIB	Bill passed both Houses Senate 2R agreed to 8.5.1973 3R agreed to 28.8.1973 House of Representatives 2R and 3R agreed to 13.9.1973
Homosexual acts and the criminal law	Motion moved in the House of Representatives 18.10.1973	Motion (general business)	Motion moved by John Gorton (LIB, Higgins, Vic.) and seconded by Moss Cass (ALP, Maribyrnong, Vic.)	ALP and LIB	House of Representatives Motion agreed to 18.10.1973
Parliament Bill 1974	Bill introduced in the House of Representatives 26.9.1974	Private member’s bill	Keith Johnson (ALP, Burke, NSW) in the House of Representatives Arthur Poyser (ALP, Vic.) in the Senate	ALP and LIB	Bill passed both Houses House of Representatives 2R agreed to 26.9.1974 3R agreed to 17.10.1974 Senate amendments agreed to 5.12.1974 Senate 2R, amendments and 3R agreed to 24.10.1974
Family Law Bill 1974	Bill originally introduced in the Senate 13.12.1973 Bill re-introduced 2.4.1974 (following prorogation) and 1.8.1974 (following dissolution)	Government bill	Lionel Murphy (ALP, NSW), Attorney-General and Minister for Customs and Excise	ALP and LIB	Bill passed both Houses Senate 2R agreed to 19.11.1974 3R agreed to 27.11.1974 House amendments agreed to 29.5.1975 House of Representatives 2R agreed to 9.4.1975 Amendments agreed to 15.5.1975; 20.5.1975 and 21.5.1975 3R agreed to 21.5.1975
Marriage Amendment Bill 1976	Bill introduced in the House of Representatives 3.6.1976	Government bill	Bob Ellicott (LIB, Wentworth, NSW), Attorney-General	ALP and, in relation to an amendment, LIB	Bill passed both Houses House of Representatives 2R, amendments and 3R agreed to 19.8.1976 Senate 2R and 3R agreed to 10.12.1976
Proposed appointment of a Joint Select Committee to inquire into and report on the provisions and operation of Family Law Act 1975	Motion moved in the Senate 17.8.1978	Motion	Peter Durack (LIB, WA), Attorney-General and Minister for Administrative Services	LIB (ALP members made conflicting statements on whether the ALP had granted a free vote)	Senate Resolution of appointment agreed to 17.8.1979 House amendments to resolution agreed to 28.9.1978 House of Representatives Amended resolution agreed to 21.9.1978
Termination of Pregnancy Ordinance 1978, Australian Capital Territory Ordinance No. 16 of 1978	Motion moved in the Senate 11.10.1978	Disallowance motion	Susan Ryan (ALP, ACT)	ALP and LIB	Senate Motion negatived 10.11.1978
Termination of pregnancy—medical benefits	Motion moved in the House of Representatives 21.3.1979	Motion (general business)	Stephen Lusher (NCP, Hume, NSW)	ALP and LIB	House of Representatives Amended motion agreed to 22.3.1979 Note: the original motion was in effect defeated as its substance was entirely replaced by an amendment
Family Law Amendment Bill 1983	Introduced in the Senate 1.6.1983	Government bill	Gareth Evans (ALP, Vic.), Attorney-General	LIB	Bill passed both Houses Senate 2R agreed to 24.8.1983 Amendments agreed to 24.8.1983; 25.8.1983; 6.9.1983; 7.9.1983; 8.9.1983; 6.10.1983; and 7.10.1983 3R agreed to 7.10.1983 House of Representatives 2R and 3R agreed to 19.10.1983
Sex Discrimination Bill 1983 (No 2)	Bill introduced in the Senate 29.11.1983 Note: this bill incorporated Government and Opposition amendments to the Sex Discrimination Bill 1983, which was discharged from the Notice Paper 29.11.1983.[5]	Government bill	Susan Ryan (ALP, ACT), Minister for Education and Youth Affairs and Minister Assisting the Prime Minister for the Status of Women	LIB	Bill passed both Houses Senate 2R agreed to 13.12.1983 Amendment and 3R agreed to 16.12.1983 House of Representatives 2R agreed to 5.3.1984 3R agreed to 7.3.1984
Quorum of the House	Motion moved in the House of Representatives 9.12.1987	Motion	Mick Young (ALP, Port Adelaide, SA), Leader of the House	ALP	House of Representatives Motion agreed to 9.12.1987
Euthanasia Laws Bill 1996	Bill introduced in the House of Representatives 9.9.1996	Private member’s bill	Kevin Andrews (LIB, Menzies, Vic.)	ALP and LIB	Bill passed both Houses House of Representatives 2R agreed to 9.12.96 3R agreed to 9.12.96 Senate 2R agreed to 24.3.97 3R agreed to 24.3.97
Research Involving Embryos and Prohibition of Human Cloning Bill 2002	Bill introduced in the House of Representatives 27.6.2002	Government bill	John Howard (LIB, Bennelong, NSW), Prime Minister	ALP and LIB	Both bills passed both Houses after original bill divided. House of Representatives Motion to divide the bill agreed to 29.8.2002 Prohibition of Human Cloning Bill 2002 2R and 3R agreed to 29.8.2002 Senate amendments agreed to 11.12.2002 Research Involving Embryos Bill 2002 2R agreed to 16.9.2002 3R agreed to 25.9.2002 Senate amendments agreed to 11.12.2002 Senate Prohibition of Human Cloning Bill 2002 2R agreed to 12.11.2002 Amendments agreed to 13.11.2002 3R agreed to 14.11.2002 Research Involving Embryos Bill 2002 2R agreed to 12.11.2002 Amendments and 3R agreed to 5.12.2002
Therapeutic Goods Amendment (Repeal of Ministerial Responsibility for Approval of RU486) Bill 2005	Bill introduced in the Senate 8.12.2005	Private senators’ bill	Fiona Nash (NPA, NSW), Claire Moore (ALP, Qld), Judith Troeth (LIB, Vic.) and Lyn Allision (AD, Vic.) Mal Washer (LIB, Moore, WA) moved the second reading motion in the House of Representatives.	ALP and LIB	Bill passed both Houses. Senate 2R and 3R agreed to 9.2.2006 House of Representatives 2R and 3R agreed to 16.2.2006.
Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Bill 2006	Bill introduced in the Senate 19.10.2006	Private senator’s bill	Kay Patterson (LIB, Vic.). Mal Washer (LIB, Moore, WA) moved the second reading motion in the House of Representatives.	ALP and LIB	Bill passed both Houses. Senate 2R agreed to 7.11.2006 Amendments and 3R agreed to 7.11.2006. House of Representatives 2R and 3R agreed to 6.12.2006.
Marriage Amendment Bill 2012	Bill introduced in the House of Representatives 13.2.2012	Private member’s bill	Stephen Jones (ALP, Throsby, NSW)	ALP	House of Representatives Bill defeated at the 2R stage on 19.9.2012
Marriage Amendment Bill (No. 2) 2012	Bill introduced in the Senate 10.9.2012	Private senators’ bill	Carol Brown (ALP, Tas), Trish Crossin (ALP, NT), Louise Pratt (ALP, WA) and Gavin Marshall (ALP, Vic.)	ALP	Senate Bill defeated at the 2R stage on 20.9.2012.
Marriage Act Amendment (Recognition of Foreign Marriages for Same-Sex Couples) Bill 2013	Bill introduced in the Senate 16.5.2013	Private senator’s bill	Sarah Hanson-Young (GRN, SA)	ALP	Senate Bill defeated at the 2R stage 20.6.2013.
Marriage Amendment (Definition and Religious Freedoms) Bill 2017	Bill introduced in the Senate 15.11.2017	Private senators’ bill	Dean Smith (LIB, SA) with co-sponsors senators Linda Reynolds (LIB, WA), Penny Wong (ALP, SA), Louise Pratt (ALP, WA), Richard Di Natale (GRN, Vic.), Janet Rice (GRN, Vic.), Skye Kakoschke-Moore (NXT, SA), Derryn Hinch (DHJP, Vic.) and Jane Hume (LIB, Vic.) Warren Entsch (LIB, Leichhardt, Qld) moved the second reading motion in the House of Representatives.	ALP and LIB	Bill passed both Houses. Senate 2R and amendments agreed to 28.11.2017 3R agreed to 29.11.2017 House of Representatives 2R and 3R agreed to 7.12.2017
New South Wales—Abortion Clinics—Exclusion Zones	Motion moved in the Senate 25.6.2018	Motion (general business)	Fraser Anning (KAP, Qld)	ALP and LIB	Senate Motion defeated 25.6.2018.
Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015	Bill introduced in the Senate 2.12.2015	Private senator’s bill	David Leyonhjelm (LDP, NSW)	ALP and LIB	Senate Bill defeated at the 2R stage 18.8.2018.
Queensland—Abortion Laws	Motion moved in the Senate 27.11.2018	Motion (general business)	Fraser Anning (IND, Qld)	ALP and LIB	Senate Motion defeated (no division) 27.11.2018
Queensland—Abortion Laws	Motion moved in the Senate 4.12.2018	Motion (general business)	Fraser Anning (IND, Qld), Amanda Stoker (LIB, Qld) and Barry O’Sullivan (NP, Qld)	ALP and LIB	Senate Motion determined as not formal. Proposed suspension of standing orders to allow motion to be moved immediately and determined without amendment or debate defeated.
Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021	Bill introduced in the House of Representatives 24.3.2021	Government bill	Greg Hunt (LIB, Flinders, Vic.), Minister for Health and Aged Care	ALP and LIB	House of Representatives 2R moved 24.3.2021—bill remains before the House

[1]. See discussion in D McKeown and R Lundie, Crossing the floor in the federal parliament 1950–April 2019, Research Paper Series, 2019–20, Parliamentary Library, Canberra, 12 March 2020, pp. 5–6.

[2]. The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 is still before the House of Representatives. The Research Involving Embryos and Prohibition of Human Cloning Bill 2002 which was divided into two bills following its introduction by the House of Representatives has been counted as one bill in this table.

[3]. Several of the motions included in this table were agreed to and then transmitted to the other chamber for concurrence. This table does not include information on how these motions were dealt with in the second chamber.

[4]. For information on the procedures employed by the two Houses when considering proposed legislation see, The Senate and Legislation, Senate Brief No. 8, Department of the Senate, February 2020 and Making Laws, Infosheet No. 7, Department of the House of Representatives, March 2020.

[5]. The bill as introduced in the Senate is not currently available in an electronic format. The bill as introduced in the House of Representatives 28 February 1984 has been linked to instead.

For copyright reasons some linked items are only available to members of Parliament.

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