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Resolutions Expressing Opinions of the Senate: 34 Casual vacancies

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34 Casual vacancies

The Senate -

(a) believes that casual vacancies in the Senate should be filled as expeditiously as possible, so that no state is without its full representation in the Senate for any time longer than is necessary;

(b) recognises that under section 15 of the Constitution an appointment to a vacancy in the Senate may be delayed because the Houses of the Parliament of the relevant state are adjourned but have not been prorogued, which, on a strict construction of the section, prevents the Governor of the state making the appointment; and

(c) recommends that all state parliaments adopt procedures whereby their Houses, if they are adjourned when a casual vacancy in the Senate is notified, are recalled to fill the vacancy, and whereby the vacancy is filled:

(i) within 14 days after the notification of the vacancy, or

  1. where under section 15 of the Constitution the vacancy must be filled by a member of a political party, within 14 days after the nomination by that party is received,

whichever is the later.

(3 June 1992 J.2401, reaffirmed 7 May 1997 J.1866)