No. 3 - Voting in the Senate

No. 3 Voting in the Senate (PDF 72KB)

In the Senate, questions are decided by a majority. The President of the Senate has a deliberative vote on all questions, as does every other senator, and does not exercise a casting vote. When the votes are equally divided, the question is lost. These rules are contained in section 23 of the Constitution.

Determining the vote

On the voices

Most votes in the Senate are determined on the voices. The chair puts the question, senators vote by calling "Aye" or "No" in turn, and the chair declares the result based on an assessment of whether the "ayes" or "noes" are in the majority.

By division

The chair's call may be challenged by senators calling for a division. If two or more senators declared by the chair to be in the minority challenge the chair's call, the chair informs the chamber that a division is required and orders that the bells be rung. The bells are rung for four minutes to enable senators to assemble in the chamber. The doors are then locked and the chair repeats the question, inviting those voting for the motion to sit to the right of the chair and those voting against the motion to sit to the left.

If divisions are held successively, without intervening debate, the bells are rung for one minute rather than the usual four minutes.

All senators in the chamber must vote except for the Chair, who may choose not to vote. Other senators have the option of abstaining by not attending the division.

The chair appoints tellers (usually party whips) to count the vote, one for the "ayes" and one for the "noes". The vote is recorded by the clerks at the table who mark off senators' names on a list as they are called by the tellers. When all names have been recorded, the tellers and clerks cross-check the results which are then announced by the chair. Division results are available immediately after a division on the Dynamic Red and on the Parliament website, and are reproduced in the Senate Journals and Hansard.

If only one senator calls for a division, they may instead have their vote recorded in the Journals. A group of senators voting against a motion may have their vote recorded in the Journals, by leave, as an alternative to a division.

Pairs

Pairing is an unofficial system managed by the party whips to preserve the voting strengths of the parties in the Senate and prevent results by misadventure. A senator who is expected to vote on one side but who is absent is "paired" with a senator who is expected to vote on the other side and who is also absent, or who refrains from voting for the purpose. Pairing arrangements also apply to Senate vacancies. Pairing arrangements are shown in Hansard and are published on the Dynamic Red and on the Parliament website.

Errors, confusion or misadventure in divisions

If counting or recording errors or confusion occur which cannot be corrected (for example, by the tellers certifying that a pairing error occurred), another division is held. In practice, divisions may also be held again by leave if misadventure prevents a senator reaching the chamber and the result does not reflect the voting strengths of the parties and independents. The senator concerned is usually called upon to explain the misadventure. The Senate invariably grants leave to ensure that questions are not determined by accidents of this sort.

Questions determined by special majorities

A simple majority is more than half of the senators who are present for the vote, while an absolute majority is more than half of all possible votes (39). Two types of decision require an absolute majority under the standing orders of the Senate. These are:

In practice, such votes are rare because the need to rescind orders rarely arises and the use of contingent notices for the suspension of standing orders obviates the need for an absolute majority in most cases (see Guide No. 5—Suspension of standing orders).

Section 128 of the Constitution also requires that a bill to alter the Constitution be passed by an absolute majority of each House. The bells are always rung and names of senators voting on the third reading of a constitutional alteration bill are recorded in the Journals, even if no division is called, to ensure that the constitutional requirements are met. If the bill goes to a referendum, official "Yes" and "No" cases may be authorised by the members of parliament voting for and against the bill, respectively, and distributed to electors by the Australian Electoral Commission.

Secret ballots

Most questions in the Senate are determined in public, as befits a representative democratic body. However, the standing orders provide for secret ballots to elect the President, Deputy President and members of committees where the number of candidates exceeds the number of positions available.

For more detail on voting in the Senate, see Chapter 11 of Odgers' Australian Senate Practice.

Need assistance?

For assistance with any of the matters covered by this guide, government senators or their staff should contact the Clerk Assistant (Table), on extension 3020 or ca.table.sen@aph.gov.au; and nongovernment senators or their staff should contact the Clerk Assistant (Procedure), on extension 3380 or ca.procedure.sen@aph.gov.au.

Last reviewed: June 2025