The most significant changes to the system for elections to the Australian Senate since 1984 received Royal Assent last week. Harry Hobbs and George Williams explain the background to the legislation, which will give voters more control over how their preferences are distributed. They argue that, in reflecting the principle that candidates should be elected based on the size of their vote rather than opaque preference deals, the changes are a major improvement.
After a marathon debate lasting over 28 hours, the Australian Senate has passed the most significant changes to its method of election since 1984. The changes are contained in the Commonwealth Electoral Amendment Act 2016, which was given Royal Assent on 21 March, just in time for the upcoming Federal election – though a quixotic High Court challenge to overturn the legislation has been launched.
The Australian Senate
The Senate differs from the House of Lords in several important respects. Australia’s upper house is an elected body. Section 7 of the Australian Constitution provides that:
The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate.
Since 1949 the Senate has been elected under a proportional voting system. As six Senators are elected for each state at each normal half-Senate election, a candidate requires 14.3 per cent of the vote to be chosen. A candidate who fails to reach this quota is excluded and their votes transferred to the voters’ second preference. This process continues until all six Senators have been elected. This proportional method of selection means that the government of the day typically does not command a majority in the chamber.