❓ Mr. Morton asks the Premier about the state's role in the upcoming WA Senate re-election following the High Court's decision. The Premier outlines the state's responsibilities in setting dates for the election process under WA legislation.
AnsweredQoN 35Legislative Assembly
QuestionView source ↗
WESTERN AUSTRALIAN SENATE ELECTION — STATE
ROLE
35. MR N.W. MORTON to the
Premier:
The High Court's decision on the Western Australian
Senate election was handed down today. Can the Premier please outline to the
house the role of the state in the election process?
ROLE
35. MR N.W. MORTON to the
Premier:
The High Court's decision on the Western Australian
Senate election was handed down today. Can the Premier please outline to the
house the role of the state in the election process?
AnswerView source ↗
I thank the member for the question.
As members are no doubt aware, the High Court, sitting as the Court of Disputed
Returns, today declared the Western Australian Senate election result void.
That clearly sets us down the path of a re-run of the Senate election in this
state for all six Senate positions that are available. That is as a result of
the loss of 1 370 Senate votes. This is new territory not only
constitutionally, but also in a legislative sense. It is the first time in
Australian history that a single state has effectively gone to a full Senate
election. The only precedent was in 1907 in South Australia when there was a
revote for a single Senate position.
Members may not be aware—I
confess I was not aware of this before the issue arose—that the process
is a little different. It is not altogether clear how it will be followed. This
is what will happen, to the best of my advice: first, the Commonwealth
Electoral Act 1918 regulates the election of members to the House of
Representatives. What is less known is that Western Australia's
Election of Senators Act 1903 regulates the election of senators from Western
Australia. Each state has equivalent legislation—obviously, since the
early years of Federation. The Western Australian legislation provides that for
the election of senators, the Western Australian government will proclaim the
dates for the closing of the rolls, the nomination of candidates and the
election itself. The Governor will fix these dates on the advice of the state
government through Executive Council. That would be the normal process.
I will seek further advice prior to
that advice going to the Governor. I expect that process will probably start
tomorrow and be sorted out over the next couple of days. There will be advice
from the commonwealth government formally, but I stress that we are taking
great care to make sure that everything is done correctly. The role that the
state plays in this and the proclamation ultimately by the Western Australian
Governor is a correct procedure. I expect that to play out over the next couple
of working days.
As members are no doubt aware, the High Court, sitting as the Court of Disputed
Returns, today declared the Western Australian Senate election result void.
That clearly sets us down the path of a re-run of the Senate election in this
state for all six Senate positions that are available. That is as a result of
the loss of 1 370 Senate votes. This is new territory not only
constitutionally, but also in a legislative sense. It is the first time in
Australian history that a single state has effectively gone to a full Senate
election. The only precedent was in 1907 in South Australia when there was a
revote for a single Senate position.
Members may not be aware—I
confess I was not aware of this before the issue arose—that the process
is a little different. It is not altogether clear how it will be followed. This
is what will happen, to the best of my advice: first, the Commonwealth
Electoral Act 1918 regulates the election of members to the House of
Representatives. What is less known is that Western Australia's
Election of Senators Act 1903 regulates the election of senators from Western
Australia. Each state has equivalent legislation—obviously, since the
early years of Federation. The Western Australian legislation provides that for
the election of senators, the Western Australian government will proclaim the
dates for the closing of the rolls, the nomination of candidates and the
election itself. The Governor will fix these dates on the advice of the state
government through Executive Council. That would be the normal process.
I will seek further advice prior to
that advice going to the Governor. I expect that process will probably start
tomorrow and be sorted out over the next couple of days. There will be advice
from the commonwealth government formally, but I stress that we are taking
great care to make sure that everything is done correctly. The role that the
state plays in this and the proclamation ultimately by the Western Australian
Governor is a correct procedure. I expect that to play out over the next couple
of working days.
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