How are casual vacancies in the Senate filled?
A senator being sworn-in
David Foote/DPS Auspic
A senator being sworn-in
David Foote/DPS Auspic
Description
A new senator stands in the Senate. He holds a holy book and reads an oath of allegiance to the Crown while other senators watch. When new senators are sworn-in they typically do so on religious text, however it is not mandatory. Senators can choose to take the oath or affirmation on any holy book that is significant to their faith.
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Section 15 of the Australian Constitution outlines how a casual vacancy in the Senate is filled. If a senator resigns or dies while in office, a replacement is chosen to fill the casual vacancy by the parliament of the state or territory which the vacating senator represented.
Under a change to the Constitution in 1977, the newly appointed senator must be a member of the same political party as the vacating senator.
If the vacating senator is an independent or was elected as a member of a party that no longer exists, the state or territory parliament with responsibility to fill the vacancy decides on an appropriate replacement.
If the senator was elected as a member of a political party but left that party to become an independent – or join a different party – the casual vacancy is filled by someone from the original party.
The new senator serves the rest of the vacating senator’s term in the Senate.