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Ch8 Order of business and the sitting day / DIVISIONS / Free votes



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House of Representatives                                Ch 8                                                 p 280

 

Order of business and the sitting day / DIVISIONS

 

Free votes

Most decisions of the House are determined on party lines, but occasionally a question before the House is decided by what is termed a ‘free vote’. A free vote may occur when a party has no particular policy on a matter or when a party feels that Members should be permitted to exercise their responsibility in accordance with conscience. 1 Within the committees of the House party lines are less rigid and questions are often decided by what is, in effect, a free vote.

A free vote is a political rather than a procedural matter and is not specifically identified as such in the Votes and Proceedings nor, apart from any comments by Members during debate, in Hansard. Items of business described in debate as being subject to a free vote may not necessarily be formally voted on at all, perhaps being carried without division. 2 Even though a party may allow a free vote of its Members on a particular issue the vote may, in fact, follow party lines substantially or completely. 3

Free votes have been held on questions pertaining to the Parliament itself, such as questions arising out of reports of the Privileges Committee and the Procedure Committee. They are also occasionally held on social issues where the vote is governed by conscience.

Other examples of a free vote have been:

  • Privileges Committee report
  • 1955—Browne and Fitzpatrick case. 4

    1. New and Permanent Parliament House

    Motions as to site—1968, 5 1973; 6

    Parliament Bill 1974 (private Member’s bill). 7

    1. Standing Orders Committee or Procedure Committee reports and related matters

    Reports dated: 10 June 1970, 8 19 August 1971, 9 20 March 1972; 10

    House of Representatives (Quorum of Members) Bill 1970; 11

    Motion endorsing Procedure Committee recommendation to alter quorum of the House, 1987. 12

    1. Private Members’ bills and motions

    Medical Practice Clarification Bill 1973; 13

    Euthanasia Laws Bill 1996; 14

    Sexual relationships—Social educational and legal aspects—Proposed Royal Commission (motion); 15

    Homosexual acts and the criminal law (motion); 16

    Termination of pregnancy—Medical benefits (motion); 17

    Fluoridation of Canberra water supply (motion). 18

    1. Others

    Matrimonial Causes Bill 1959; 19

    Death Penalty Abolition Bill 1973 (Senate bill); 20

    Family Law Bill 1974 (Senate bill); 21

    Family Law Amendment Bill 1983 (Senate bill); 22

    Sex Discrimination Bill 1984 (Senate bill); 23

    Constitution Alteration (Establishment of Republic ) Bill 1999; 24

    Research Involving Embryos and Prohibition of Human Cloning Bill 2002. 25



    See H.R. Deb. (19.8.70) 172.



     E.g. VP 1985-87/1627 (Parliamentary Privileges Bill 1987); VP 1987-89/1732 (Family Law Amendment Bill 1989).



    VP 1970-72/901-2.



    VP 1954-55/270-1. Leader of the Opposition Evatt informed the House that the matter of privilege in the Browne and Fitzpatrick case did not involve party consideration and that on no occasion had a question of privilege been discussed at a party meeting by Australian Labor Party Members, H.R. Deb. (10.6.55) 1630.



    VP 1968-69/242.



    VP 1973-74/476.



    VP 1974-75/198, 199, 199-200, 200.



    VP 1970-72/243, 252-3.



    VP 1970-72/686, 687.



    VP 1970-72/1009, 1010.



    VP 1970-72/294, 295.



     VP 1987-89/303-4.



    VP 1973-74/172, 172-3.



    VP 1996-98/998-1003 (on the subject of the bill, not on the procedural questions relating to it).



    VP 1973-74/327, 327-8, 328.



    VP 1973-74/458.



    VP 1978-80/692, 692--3.



    VP 1964-66/251.



    VP 1959-60/261 (2), 264-5, 265, 265-6.



    VP 1973-74/329, 330 (2).



    VP 1974-75/384 (and on subsequent divisions during proceedings on the bill).



    VP 1983-84/305-10.



    VP 1983-84/528-30.



    VP 1998-2001/733.



    H.R.Deb (27.6.2002) 4541-4; VP 2002-04/305. Free votes also on the division of the bill and subsequent proceedings on the resultant bills, Prohibition of Human Cloning Bill 2002 and the Research Involving Embryos Bill 2002.