4 May 2022

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Nathan Church
Politics and Public Administration

Since its establishment in 1901, 1,783 people have been chosen to sit in the Australian Federal Parliament. The vast majority (over 90%) were elected directly by their constituents. However, when a vacancy in the Senate occurs, the Constitution allows for the respective state to ‘choose a person to hold the place until the expiration of the term’.[1] This has been the case for 160 senators. Most of those selected went on to contest and win subsequent election to either the Senate or House of Representatives. Yet for 39 of them this was not the result.

This quick guide identifies those senators who were appointed to the federal parliament and subsequently left without having ever been elected. Accordingly, this does not include the eight current senators who have filled a casual vacancy.[2] It also does not include senators who filled a vacancy caused by disqualification, such as holding dual citizenship. In these instances, the Court of Disputed Returns determines the incoming senators are elected via a countback of votes, rather than being appointed.[3]

Table 1 provides details of the 39 senators who have never been elected, including their name, party affiliation, state represented, period of service, reason for leaving the Senate, and whether they had any prior experience in local or state government, or as a party official.

• Almost two-thirds (24) were defeated at the election following their appointment, while seven did not contest. A further six resigned and two died in office, creating further casual vacancies.
• Additionally, the data indicates that in the first 50 years after Federation, the majority (88%) of identified senators had either state or local government experience. Conversely, since 1980 approximately just a third (6 of 17) have had similar experience.
• Instead, former party officials have become a significant demographic, with only two identified senators from this time not having served in such a role.

Table 1: List of federal senators who were never elected

#Where a senator left mid-way through their term, they are designated as having resigned. Where a senator left at the expiration of their term and elected not to contest the next election,
   they are designated as having retired.
*Having resigned from the Senate, Kristina Keneally and Ben Small have nominated as candidates in the upcoming federal election to be held on 21 May 2022.

[1]. Australian Constitution, section 15. Prior to the Constitution Alteration (Senate Casual Vacancies) 1977 Act, the appointment only lasted until the next federal election if the term had not yet expired. The legislative basis for filling the casual vacancies of ACT/NT senators is the Commonwealth Electoral Act 1918, section 44. For additional information on casual vacancy procedure see Damon Muller, ‘Casual re-employment: comings and goings due to Senate casual vacancies’, FlagPost, Parliamentary Library, 18 September 2018.

[2]. These are senators Wendy Askew, Dorinda Cox, Karen Grogan, Andrew McLachlan, Greg Mirabella, Jana Stewart, Amanda Stoker and Lidia Thorpe. Senator Jim Molan also filled a casual vacancy on 14 November 2019 but was previously elected (via countback) on 22 December 2017.

[3]. Australian Electoral Commission, Electoral Backgrounder: Constitutional disqualification and intending candidates, 4 April 2019.

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