What happens if a member of parliament leaves? Do they get replaced?
Yes, they do get replaced! How they are replaced depends on whether they were a member of the House of Representatives or a senator.
If a member of the House of Representatives resigns or dies between federal elections, they will be replaced in a by-election. A by-election is an election held to fill a single vacancy in the House of Representatives outside of the regular 3-year election cycle.
If a senator resigns or dies while in office, this creates something called a casual vacancy in the Senate. The rules for filling casual vacancies are in section 15 of the Australian Constitution:
- The parliament of the state or territory the senator came from appoints – chooses – a replacement to fill the casual vacancy.
- The newly appointed senator must be a member of the same political party as the senator who has left.
- If the senator who left was 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 original senator’s term in the Senate.
Casting a vote for the House of Representatives

Australian Electoral Commission
Description
A voter is casting a vote in a federal election. They are placing their green House of Representatives ballot paper into the ballot box labelled 'House of Representatives'. Senate ballot papers are white and are placed into the other ballot box, labelled 'Senate'.
Permission should be sought from the Australian Electoral Commission (AEC) for third-party or commercial uses of this image. To contact the AEC email: media@aec.gov.au or phone: 13 23 26.