How are casual vacancies in the Senate filled?
Swearing in a new senator
David Foote/DPS Auspic
Swearing in a new senator
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 Senate. He is accompanied by two senators who are also standing. Three senators watch from their seats.
Permission should be sought from DPS AUSPIC for third-party or commercial uses of this image. To contact DPS AUSPIC email: auspic@aph.gov.au or phone: 02 6277 3342.
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.