SUPPLEMENTARY INFORMATION |
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| Chamber: | ||||||||
| Senate | ||||||||
| 1. (Periodic) election: | ||||||||
| Senators from the states are elected to the Senate for terms of six years at 3-year periodic elections at which half their number face election. Senators from the territories are elected for terms of up to three years. | ||||||||
| 2. Vacancies: | ||||||||
| A Senator appointed to a casual vacancy commences from the date he is chosen by the legislature of the relevant state or territory. In a case where the legislature is not in session, the day following the date of provisional appointment by the state Governor (or, in the case of the Australian Capital Territory, the Governor-General, and the Northern Territory, the Administrator of the Northern Territory) is the first day of service. | ||||||||
| 3. Procedure for validation of mandates: | ||||||||
| Election procedure: the Australian Electoral Officer for each state or territory, who is an officer of the Australian Electoral Commission, is responsible for the counting of votes in Senate elections. Following the declaration of the result, the Australian Electoral Officer certifies on the writ the names of candidates elected for the state or territory, and returns the writ to the Governor of the state (or, for territories, to the Governor-General). An automatic verification procedure does not exist.
(a) (In)validation by the Court of Disputed Returns (election petitions): The validity of any election or return may only be disputed by a petition addressed to the Court of Disputed Returns. The petition must be filed within 40 days of the return of the writ and be accompanied by $ AUS 500 as security for costs. It must be signed by a candidate at the election disputed or a person qualified to vote in that election, and 2 witnesses, and it must set out the facts relied on to invalidate the election, and with sufficient particularity to identify the specific matter or matters. The petition can also be referred to the Court of Disputed Returns by the Electoral Commissioner on behalf of the Commission or by either House. In relation to referral by a House, the relevant presiding officer transmits to the Court a statement of the question upon which a determination is desired, together with any documentation relating to the question which the House possesses. The petition is heard by the High Court sitting as the Court of Disputed Returns. The High Court can try the petition or refer it for trial to the Supreme Court of the state or territory in which the election was held or return made. The Court is required to hear the question in public, and has the power to: (a) declare that a person was not qualified to be a Member of either House; (b) declare that a person was not capable of being chosen or sitting as a Member of either House; (c) declare that there is a vacancy in the House. Grounds which can lead to a declaration under (a) to (c) include:
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| 4. Dissolution: | ||||||||
| Senators from the states elected in a subsequent general election are divided into two equal classes. Unless re-elected, those of the first class cease to be senators six years from 01.07. preceding the election (30.06.), while those of the second class cease to be senators three years from 01.07. preceding the election (30.06.). | ||||||||
| 5. Vacancies: | ||||||||
| Senators appointed to casual vacancies fulfil the term of the senator they are replacing (see S. 15 of the Constitution). | ||||||||
| 6. Procedure for resignation: | ||||||||
| A Senator may, by writing addressed to the President, or to the Governor-General if there is no President or if the President is absent from the Commonwealth, resign his place, which thereupon shall become vacant.
The Senator's place becomes vacant only on receipt of the resignation, and cannot take effect before its receipt by the President. A resignation may not take effect at a point of future time. |
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| 7. Loss of mandate for not attending sessions of Parliament: | ||||||||
| The place of a Senator shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the Senate, fails to attend the Senate.
For the purpose of S. 20 of the Constitution, a record is kept in the Journals each day of Senators who do not attend at some time during the sitting (SO 46 of the Standing Orders and Other Orders of the Senate). Leave of absence may be given by the Senate to a Senator on motion after notice, stating the cause and period of absence. The notice of motion shall have precedence as business of the Senate. A Senator shall be excused from service in the Senate or on a committee so long as the Senator has leave of absence. A Senator having leave of absence shall forfeit it by attending the Senate before the expiration of the leave (SO 47 of the Standing Orders and Other Orders of the Senate). |
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| 8. Loss of mandate for incapabilities: | ||||||||
| A Member of either House of the Parliament shall be incapable of being chosen or of sitting as a Member of the other House (S. 43 of the Constitution).
For other incapabilities see Provisions of S. 44 or S. 45 of the Constitution. |
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| 9. Salary of office depending on office: as determined by the Remuneration Tribunal: | ||||||||
| President of the Senate: $ AUS 59,575 per annum
Chairman of Committees: $ AUS 16,344 per annum Government Whip in the Senate: $ AUS 15,694 per annum Deputy Government Whip in the Senate: $ AUS 3,507 per annum Leader of the Opposition in the Senate: $ AUS 41,811 per annum Deputy Leader of the Opposition in the Senate: $ AUS 15,694 per annum Opposition Whip in the Senate: $ AUS 14,195 per annum Deputy Opposition Whip in the Senate: $ AUS 1,683 per annum Leader in the Senate of the National Party: $ AUS 8,293 per annum Whip in the Senate of a recognised non-government party of at least 5 members not otherwise specified: $ AUS 7,015 per annum Leader of a recognised non-government party of at least 5 members not otherwise specified: $ AUS 30,682 per annum Temporary Chairman of Committees (Deputy Chairman of Committees): $ AUS 1,683 per annum An allowance is also paid to committee chairs. Allowance amounts vary from $ AUS 2,284 per annum to $ AUS 13,074 per annum according to committee type. A chair of more than one committee will receive the allowance in respect of each committee (Remuneration Tribunal Determination 1995/4 re: Committee Chairs). |
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| 10. Pension scheme: | ||||||||
| All Senators must contribute to the Parliamentary Contributory Superannuation Scheme and contributions are based on 11.5 percent of the basic salary. In the case of office-holders the Salary of Office received is also counted for superannuation purposes. Electorate allowance does not count for superannuation. When a Senator has completed 18 years service, the contribution rate reduces to 5.75 percent. As an example, the standard contribution for a backbencher with less than 18 years service is $ AUS 784.45/month (Parliamentary Contributory Superannuation Act 1948). | ||||||||
| 11. Secretariat: | ||||||||
| All Senators are provided with an office suite within Parliament House and are entitled to electorate office accommodations, equipment and services. | ||||||||
| 12. Assistants: | ||||||||
| (a) Staffing entitlements provided by the Department of the Senate:
- President's Office: the President of the Senate has staff at the following classification levels: 1 x Senior Adviser: $ AUS 80,818 per annum 3 x Assistant Advisers: $ AUS 41,430-47,591 per annum 1 x Parliamentary Officer, Class 4: $ AUS 34,391-37,341 per annum 1 x Parliamentary Officer, Class 1/2: $ AUS 14,363-30,042 per annum - Deputy President's Office: the Deputy President of the Senate is provided with one staff member as follows 1 x Parliamentary Officer, Class 4: $ AUS 34,391-37,341 per annum - Australian Democrats: the Leader of the Australian Democrats is provided with one staff member as follows: 1 x Parliamentary Officer, Class 3: $ AUS 30,857-33,304 per annum (b) Staffing entitlements provided by the Department of Administrative Services: - Electorate Office Staff: all Senators are entitled to three electorate office staff from the classification range of Electorate Officer Class A to C (see below for salary details). A Senator may have any combination of part-time staff provided the hours of part-time staff do not exceed the equivalent of three full time staff. Overtime is payable to Senator's electorate office staff. Electorate Officer Band A: $ AUS 31,659-34,391 per annum Electorate Officer Band B: $ AUS 35,485-37,341 per annum Electorate Officer Band C: $ AUS 38,359-40,675 per annum Senators who have two electorate offices may engage a fourth staff member. The majority staff are to be employed in electorate offices, not at Parliament House. - Leader of the Government in the Senate: an allocation of twelve staff, including three Electorate Officers. The standard mix would be: 1 x Senior Adviser: $ AUS 68,228-110,554 per annum 1 x Media Adviser: $ AUS 68,228-90,580 per annum 3 x Advisers: $ AUS 50,931-68,497 per annum 2 x Assistant Advisers: $ AUS 41,430-47,591 per annum 2 x Personal Secretaries: $ AUS 23,938-40,675 per annum 3 x Electorate Officers: see above - Leader of the Opposition in the Senate: the Opposition in the Senate is allocated a number of staff positions which the Leader of the Opposition allocates to Opposition Senators, primarily office-holders or shadow ministers (the Opposition frontbench). - Leader of the National Party: twelve staff positions are allocated to the National Party of Australia in the Senate which the Senate leader allocates to National Party Senators, primarily office-holders or shadow ministers. - Leader of the Australian Democrats: twelve staff positions are allocated to the Australian Democrats which the leader allocates to Australian Democrat Senators, primarily party spokespersons. |
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| 13. Official car: | ||||||||
| Senators have access to official cars when undertaking parliamentary business and may also be provided with an unchauffered car for private and official purposes. | ||||||||
| 14. Security guards: | ||||||||
| Security services are provided for certain senior office-holders, otherwise only when circumstances require. | ||||||||
| 15. Postal and telephone services: | ||||||||
| A Senator is entitled to $ AUS 22,000 per annum for using mail distribution services, courier services and other delivery services in relation to parliamentary or electorate business.
The Electorate Allowance covers costs of electorate office telephone services. The cost of calls from one home telephone service is paid by the Government. |
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| 16. Travel and transport: | ||||||||
| When travelling within Australia on parliamentary or electorate business, Senators are entitled to travel first class at government expense.
Senators are entitled to travel allowance for each overnight stay away from home base when on parliamentary service (Remuneration and Allowances Act 1990 and Remuneration Tribunal Determination 1998/8): Canberra: $ AUS 145/night Sydney: $ AUS 275/night Melbourne, Brisbane, Perth: $ AUS 230/night Adelaine, Darwin, Hobart: $ AUS 200/night Other than a capital city: $ AUS 165/night Office-holders receive travel allowance at slightly higher rates. Senators representing the Australian Capital Territory receive $ AUS 50 per sitting day provided they sit in the Parliament on that day. The spouse or nominee of a Senator is entitled to travel at Government expense for specified travel purposes each year. The Electorate Office Staff have access to Australian Public Service travel conditions. |
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| 17. Procedure for declaration of interests: | ||||||||
| A special order of the Senate (Resolution of the Senate of 17.03.1994 J. 1421, amended 21. 06.1995 J. 3473) requires Senators to declare specified interests in writing, which are then entered in a register, kept by a designated officer of the Senate and open to public inspection.
At the commencement of each Parliament the President appoints an officer of the Department of the Senate as the Registrar of Senators' Interests, and that officer is also secretary of the Committee of Senators' Interests. The Registrar maintains a Register of Senators' Interests in a form determined by the Committee. Senators are required to provide to the Registrar of Senators' Interests a statement of the Senators' registrable interests, and that of the Senator's spouse and dependent children. Registrable interests include: - shareholdings in public and private companies (including holding companies) indicating the name of the company or companies; - family and business trusts and nominee companies in which a beneficial interest is held; or in which a Senator, the Senator's spouse, or dependent child, is a trustee; - real estate, including the location and the purpose for which it is owned; - registered directorships of companies; - partnerships; - liabilities; - bonds, debentures and like investments; - saving or investment accounts; - any other assets each valued at more than $ AUS 5000, excluding household and personal effects; - any other substantial source of income; - gifts valued at more than $ AUS 500 received from official sources, or at more than $ AUS 200 from unofficial sources if the Senator judges that an appearance of a conflict of interest may be seen to exist (see special Resolution); - sponsored travel or hospitality exceeding the value of $ AUS 200; - donation of $ AUS 200 or more in a calendar year to any organisation; - any other interests where a conflict of interest with a Senator's public duties could foreseeably arise or be seen to arise. As soon as possible after the commencement of each parliament, the chairman of the Committee of Senators' Interests tables in the Senate a copy of the completed Register of Senators' Interests and tables every 6 months any notification by a Senator of alteration of those interests. The oral declaration is recorded and indexed in the Journals of the Senate or minutes of proceedings of the committee and in any Hansard report of those proceedings or that division. It is not necessary for a Senator to declare an interest when directing a question seeking information in accordance with SO 72 or 74 of the Standing and Other Orders of the Senate. |
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| 18. Consequences declaration of interests: | ||||||||
| The Register of Senators' Interests is available for inspection by any person under conditions laid down by the Committee of Senators' Interests from time to time. The part of the Register of Senators' Interests relating to spouses and dependent children remains confidential to the Committee of Senators' Interests.
In consequence of a private interest in relation to matters being dealt with by the Senate, a Senator may be removed from or not appointed to a committee where a conflict of interest could exist. Any Senator who: (a) knowingly fails to provide a statement of registrable interests to the Registrar of Senators' Interests by the due date; (b) knowingly fails to notify any alteration of those interests to the Registrar of Senators' Interests within 28 days of the change occurring; or (c) knowingly provides false or misleading information to the Registrar of Senators' Interests, shall be guilty of a serious contempt of the Senate and shall be dealt with by the Senate accordingly, but the question whether any Senator has committed such a serious contempt shall first be referred to the Privileges Committee for inquiry and report and may not be considered by any other committee. Penalties which can be imposed by the House include imprisonment and fines (S. 7 of the Parliamentary Privileges Act 1987; see Procedure for offences against a House. See also Procedure for misconduct (censure of a Senator). For gifts, see special Resolution. |
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| 19. Within Parliament: | ||||||||
| Parliamentary privilege or immunity applies only to the proceedings of Parliament, i.e. all words spoken and acts done in the course of, or for purposes of, or incidental to, the transaction of the business of a House or of a committee and, without limiting the generality of the foregoing, includes
(a) the giving of evidence before a House or a committee, and evidence so given; (b) the presentation or submission of a document to a House or a committee; (c) the preparation of a document for purposes of or incidental to the transacting of any such business; and (d) the formulation, making or publication of a document, including a report, by or pursuant to an order of a House or a committee and the document so formulated, made or published (S. 16 (2) of the Parliamentary Privileges Act 1987). Parliamentary privilege is not limited by place. Actions that are not covered include interviews, participation in televised or radio debates or political meetings. |
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| 20. Sub judice convention: | ||||||||
| The Senate imposes a restriction on itself in the case of matters awaiting or under adjudication in a court of law in that such matters should not be brought forward in debates. Thus, debates are avoided which could involve a substantial danger of prejudice to proceedings before a court, unless the Senate considers that there is an overriding requirement of the Senate to discuss a matter of public interest. The convention is not contained in the Standing Orders, but is interpreted and applied by the chair and by the Senate according to circumstances. | ||||||||
| 21. Privilege Resolution 6 (6): | ||||||||
| A person shall not serve or execute any criminal or civil process in the precincts of the Senate on a day on which the Senate meets except with the consent of the Senate or of a person authorised by the Senate to give such consent. | ||||||||
| 22. Procedure for order to discontinue a speech: | ||||||||
| The President or the Chairman of Committees may call the attention of the Senate or the committee, as the case may be, to continued irrelevance or tedious repetition, and may direct a Senator to discontinue a speech, but that Senator may require that the question whether the Senator be further heard be put, and then that question shall be put without debate.
Procedure for points of order or privilege. |
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| 23. Procedure for report that the Senator has committed an offence/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections: | ||||||||
| If a Senator:
(a) persistently and wilfully obstructs the business of the Senate; (b) is guilty of disorderly conduct; (c) uses objectionable words, and refuses to withdraw such words; (d) persistently and wilfully refuses to conform to the Standing Orders; or (e) persistently and wilfully disregards the authority of the chair, the President may report to the Senate that the Senator has committed an offence. If an offence has been committed by a Senator in a committee of the whole, the chairman may suspend the proceedings of the committee and report the offence to the President. Procedure for points of order or privilege. |
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| 24. Procedure for order to make an explanation or apology/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections: | ||||||||
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A Senator who has been reported as having committed an offence shall attend in the Senator's place and be called upon to make an explanation or apology.
Procedure for points of order or privilege. |
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| 25. Procedure for suspension from the sitting/offences against the Senate/referral to Queen, Governor-General or Governor of a state disrespectfully in debate; offensive words, imputations of improper motives and personal reflections: | ||||||||
| After the call to make an explanation or apology, a motion may be moved that the Senator be suspended from the sitting of the Senate. No amendment, adjournment or debate shall be allowed on such a motion, which shall be immediately put by the President.
The suspension of a Senator on the first occasion shall be for the remainder of that day's sitting, on the second occasion for 7 sitting days, and on the third or any subsequent occasion for 14 sitting days, where such suspensions occur within the same calendar year. A Senator who has been suspended shall not enter the chamber during the period of the suspension. If a Senator enters the chamber during the Senator's suspension, the President shall order the Usher of the Black Rod to remove the Senator from the chamber. Procedure for points of order or privilege. |
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| 26. Procedure for intervention to prevent a quarrel: | ||||||||
| The Senate may intervene to prevent the prosecution of a quarrel between Senators arising out of debates or proceedings of the Senate or of a committee.
Procedure for points of order or privilege. |
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| 27. Procedure for order to attend the Senate and custody: | ||||||||
| If a Senator wilfully disobeys an order of the Senate, that Senator may be ordered to attend the Senate and may be taken into custody.
Procedure for points of order or privilege. |
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| 28. Procedure in relation to Privilege Resolutions 9 and 5 on the Exercise of Freedom of Speech: | ||||||||
| The Senate considers that, in speaking in the Senate or in a committee, Senators should take the following matters into account:
(a) the need to exercise their valuable right of freedom of speech in a responsible manner; (b) the damage that may be done by allegations made in Parliament to those who are the subject of such allegations and to the standing of Parliament; (c) the limited opportunities for persons other than Members of Parliament to respond to allegations made in Parliament; (d) the need for Senators, while fearlessly performing their duties, to have regard to the rights of others; and (e) the desirability of ensuring that statements reflecting adversely on persons are soundly based. The President, whenever he considers that it is desirable to do so, may draw the attention of the Senate to the spirit and the letter of this resolution (Privilege Resolution 9 on the Exercise of Freedom of Speech). Privilege Resolution 5 provides for the publication by the Senate, on recommendation of the Committee of Privileges, of responses by persons who have been adversely affected by references about them in the Senate. Procedure for points of order or privilege. Procedure for matters of privilege |
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| 29. Procedure for offences against a House (breach of the privileges or immunities or contempt of a House, of the Members or committees): | ||||||||
| Conduct (including the use of words) constitutes an offence against a House when it amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a Member of the Member's duties as a Member (S. 4 of the Parliamentary Privileges Act 1987).
Contempts by defamation are abolished, except for words spoken or acts done in the presence of a House or a committee (S. 6 of the Parliamentary Privileges Act 1987). Matters constituting contempts include interference with the Senate, improper influence of Senators, Senators seeking benefits, molestation of Senators, disturbance of the Senate, service of writs, false reports of proceedings, disobedience of orders, obstruction of orders, interference with witnesses, molestation of witnesses, offences by witnesses, unauthorised disclosure of evidence (Privilege Resolution 6). A House may impose on a person a penalty of imprisonment for a period not exceeding 6 months for an offence against that House determined by that House to have been committed by that person. A penalty of imprisonment imposed in accordance with this section is not affected by a prorogation of the Parliament or the dissolution or expiration of a House. A resolution of a House ordering the imprisonment of a person may provide that the President of the Senate, as the case requires, is to have power, either generally or in specified circumstances, to order the discharge of the person from imprisonment and where a resolution so provides, the President has, by force of the Parliamentary Privilege Act, power to discharge the person accordingly. A House may impose on a person a fine (a) not exceeding $ AUS 5,000, in the case of a natural person; or (b) not exceeding $ AUS 25,000, in the case of a corporation, for an offence against that House determined by that House to have been committed by that person. A fine so imposed is a debt due to the Commonwealth and may be recovered on behalf of the Commonwealth in a court of competent jurisdiction by any person appointed by a House for that purpose. A fine shall not be imposed on a person for an offence for which a penalty of imprisonment is imposed on that person (S. 7 of the Parliamentary Privileges Act 1987). Procedure for points of order or privilege. Procedure for matters of privilege Procedure for motions relating to contempts |
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| 30. Procedure for misconduct: | ||||||||
| Senators may be censured by the Senate for misconduct. Censure motions have most commonly been directed at ministers in the Senate as a means of bringing them to account, but they can and have been directed at private Senators. Senators have been censured for such matters as misleading the Senate, failing to answer questions on notice within the stipulated time limit, attempting to interfere with the justice system of another government, failing to declare an interest in a matter, for "contemptuous abuse" of the Senate, and for refusing to produce documents in compliance with an order of the Senate. | ||||||||
| 31. The concept of a code of conduct does not yet exist: | ||||||||
| The Senate has passed a Resolution relating to the development of a code of conduct for Members of the Parliament and ministers (25/6/1992, J 2610-3; 2016-8). No such code of conduct has yet been recommended or adopted. | ||||||||
| 32. Procedure for imprisonment for two years and loss of mandate (Commonwealth Crimes Act in relation with S. 44 (ii.) of the Constitution): | ||||||||
| Under the Commonwealth Crimes Act a Member who asks for or receives or obtains, or offers or agrees to ask for or receive or obtain any property or benefit of any kind for himself or any other person on an understanding that the exercise by him of his duty or authority as such a Member will, in any manner, be influenced or affected, is guilty of an offence (penalty imprisonment for two years). Under S. 44 (ii.) of the Constitution such imprisonment automatically causes a Senator to be incapable of sitting as a Senator. | ||||||||
| 33. Procedure for imprisonment for two years and loss of mandate (S. 326 and 327 of the Electoral Act in relation with S. 44 (ii.) of the Constitution): | ||||||||
| Under the Electoral Act a political candidate or Member becomes incapable of being chosen or of sitting as a Member for bribery or attempted bribery, undue influence or interference with political liberty in relation to elections (penalty imprisonment for two years). Under S. 44 (ii.) of the Constitution such imprisonment automatically causes a Senator to be incapable of sitting as a Senator. | ||||||||
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