President of the Senate (Australia)

Last updated

President of the Senate
Coat of Arms of Australia.svg
Flag of Australia (converted).svg
Sue Lines 2017-02-23.JPG
Incumbent
Sue Lines
since 26 July 2022
Australian Senate
Style The Honourable
AppointerElected by the Senate
Inaugural holder Sir Richard Baker
Formation9 May 1901
DeputySenator Andrew McLachlan
Salary A$369,674
Website aph.gov.au

The president of the Senate is the presiding officer of the Australian Senate, the upper house of the Parliament of Australia. The counterpart in the lower house is the speaker of the House of Representatives. The office of the presidency of the senate was established in 1901 by section 17 of the Constitution of Australia. The primary responsibilities of the office is to oversee senate debates, determine which senators may speak, maintain order and the parliamentary code of conduct during sessions and uphold all rules and orders of the senate. The current president is Sue Lines, who was elected on 26 July 2022.

Contents

The Senate elects one of its members as president at the start of each new term, or whenever the position is vacant. This is usually—though not necessarily—a member of the party or coalition that holds the most seats in the Senate. The largest party in the Senate is not always the governing party, as government is determined by the House of Representatives. The president of the Senate and the speaker of the House of Representatives may consequently be from different parties.

The president of the Senate's primary task is to maintain parliamentary procedure in the chamber during legislative sessions. Unlike the speaker of the House, the president of the Senate votes as an ordinary member during general debate, and has no casting vote in the case of a tie (a casting vote would effectively give the president's state an extra vote). The president of the Senate has also various administrative and ceremonial duties, sharing responsibility for the management of Parliament House and other parliamentary facilities and services with the speaker of the House.

Election

Constitutional provisions

Section 17 of the Constitution of Australia provides: [1]

The Senate shall, before proceeding to the despatch of any other business, choose a senator to be the President of the Senate; and as often as the office of President becomes vacant the Senate shall again choose a senator to be the President. The President shall cease to hold his office if he ceases to be a senator. He may be removed from office by a vote of the Senate, or he may resign his office or his seat by writing addressed to the Governor-General.

Process

The president is elected by the Senate in a secret ballot. The clerk conducts the election. The presidency has always been a partisan office and the nominee of the government party has nearly always been elected—although this cannot be guaranteed since the government of the day does not necessarily have a majority in the Senate. The president is assisted by an elected deputy president. The traditional practice has been that the government nominates a senator to be elected as president, and the Opposition nominates a Senator to be deputy president. If there are no other nominations, no election is required; however, the Australian Greens in 2005 and again in 2007 put forward Senator Kerry Nettle as a rival candidate when the position of president was vacant. Neither Government nor Opposition Senators supported that candidacy. [2]

Role

Parliamentary duties

The president's principal duty is to preside over the Senate, to maintain order in the Senate, uphold the Standing Orders (rules of procedure) and protect the rights of backbench senators. The president is assisted by the deputy president and a panel of acting deputy presidents, who usually preside during routine debates.

Although the president does not have the same degree of disciplinary power as the speaker does, the Senate is not as rowdy as most Australian legislative chambers, and thus his or her disciplinary powers are seldom exercised.

Unlike the speaker the president has a deliberative, but not a casting vote (in the event of an equality of votes, the motion fails). This is because the Senate is in theory a states' house, and depriving the president of a deliberative vote would have robbed one of the states or territories one of its senators' votes.

Administrative duties

The Senate president is the chief executive of the Department of the Senate, which is one of the four parliamentary departments. The president chairs the department's budget committee and oversees its organisational structure. The president also co-administers the Department of Parliament Services (DPS) with the speaker of the House of Representatives. [3]

Ceremonial duties

The president of the Senate is ranked highly in the Commonwealth Table of Precedence, either before or after the speaker of the House of Representatives depending on seniority. The president participates in the state opening of parliament, represents the parliament on overseas visits, and receives visiting delegations from other countries (and other distinguished visitors). [3]

Salary

As with all other parliamentarians, the president of the Senate's salary is determined by the Remuneration Tribunal, an independent statutory body. As of 1 July 2019, the base salary for senators is A$211,242. The president is entitled to an additional "salary of office" comprising 75% of the base salary ($158,432), making for a total salary of $369,674 per annum and receives the various other entitlements and allowances available to senators. [4]

List of presidents of the Senate

The position of president of the Senate has been disproportionately held by senators representing the least populous states and territories. There have been 25 presidents of the Senate since 1901. Of these 15 have come from the least populous states (Western Australia, South Australia and Tasmania) or the Australian Capital Territory, and 10 have come from the three most populous states (New South Wales, Victoria and Queensland). All Senate presidents have been members of major parties, though not necessarily the governing party.

No.ImageNamePartyStateTerm startTerm end
1 Richard Baker 1900 (cropped).jpg Sir Richard Baker   Free Trade South Australia 9 May 190131 December 1906
2 Albert John Gould (cropped).jpg (Sir) Albert Gould  Free Trade /
Anti-Socialist
New South Wales 20 February 190730 June 1910
  Liberal
3 Harry Turley - Swiss Studios (cropped).jpg Harry Turley   Labor Queensland 1 July 19108 July 1913
4 Thomas Givens - Humphrey & Co (cropped).jpg Thomas Givens  LaborQueensland9 July 191330 June 1926
  National Labor
  Nationalist
5 John Newlands 1926 (1) (cropped).jpg Sir John Newlands  NationalistSouth Australia1 July 192613 August 1929
6 Walter Kingsmill 1922 (cropped).jpg Walter Kingsmill  Nationalist Western Australia 14 August 192930 August 1932
  United Australia
7 Patrick Lynch, President of the Senate.jpg Patrick Lynch  United AustraliaWestern Australia31 August 193230 June 1938
8 Portrait of J. B. Hayes (cropped).jpg John Hayes  United Australia Tasmania 1 July 193830 June 1941
9 Senator James Cunningham (cropped).jpg James Cunningham  LaborWestern Australia1 July 19414 July 1943
10 Gordon Brown 1933.jpg Gordon Brown  LaborQueensland23 September 194319 March 1951
11 Edward Mattner.jpg Ted Mattner   Liberal South Australia12 June 19517 September 1953
12 Alister McMullin (cropped).jpg (Sir) Alister McMullin  LiberalNew South Wales8 September 195330 June 1971
13 Magnus Cormack 1964.jpg Sir Magnus Cormack  Liberal Victoria 17 August 197111 April 1974
14 Justin O'Byrne 1970.jpg Justin O'Byrne  LaborTasmania9 July 197411 November 1975
15 Condor Laucke 1969.jpg (Sir) Condor Laucke  LiberalSouth Australia17 February 197630 June 1981
16 Harold Young 1970 (cropped).jpg (Sir) Harold Young  LiberalSouth Australia18 August 19814 February 1983
17 Doug McClelland 1973.jpg Doug McClelland  LaborNew South Wales21 April 198323 January 1987
18 Kerry Sibraa  LaborNew South Wales17 February 198731 January 1994
19 Michael Beahan  LaborWestern Australia1 February 199430 June 1996
20 Margaret Reid 2021-11-28.jpg Margaret Reid  Liberal ACT 20 August 199618 August 2002
21 Paul Calvert.jpg Paul Calvert  LiberalTasmania19 August 200214 August 2007
22 Alan Ferguson.jpg Alan Ferguson  LiberalSouth Australia14 August 200725 August 2008
23 John Hogg.jpg John Hogg  LaborQueensland26 August 200830 June 2014
24 Stephen Parry.jpg Stephen Parry  LiberalTasmania7 July 20142 November 2017
25 Senator Scott Ryan.jpg Scott Ryan  LiberalVictoria13 November 201713 October 2021
26 Slade Brockman  LiberalWestern Australia18 October 202126 July 2022
27 Sue Lines 2017-02-23.JPG Sue Lines  LaborWestern Australia26 July 2022Incumbent

Deputy President

Andrew McLachlan (Lib), deputy president of the Senate since July 2022 McLachlan Profile.jpg
Andrew McLachlan (Lib), deputy president of the Senate since July 2022

As well as a president, the Senate also elects a deputy president, whose formal title is Deputy President and Chairman of Committees. Until 1981, the title was just Chairman of Committees; it was changed "to reflect more accurately the nature of the office in practice". The position is not provided for by the constitution, but instead by the Senate's standing orders – it was borrowed more or less directly from the colonial legislative councils. [5] The deputy president's main tasks are to preside over committees of the whole and to serve as presiding officer when the president of the Senate is absent. [6] [7]

List

There have been 36 deputy presidents of the Senate, two of whom served multiple non-consecutive terms. [8]

#NamePartyStateTerm startTerm end
1 Robert Best   Protectionist Victoria 9 May 190131 December 1903
2 William Higgs   Labor Queensland 16 March 190431 December 1906
3 George Pearce  Labor Western Australia 21 February 190713 November 1908
4 Henry Dobson   Anti-Socialist Tasmania 25 November 190830 June 1910
  Liberal
5 David O'Keefe  LaborTasmania1 July 191030 July 1914
6 George Henderson  LaborWestern Australia9 October 191430 June 1917
  National Labor
  Nationalist
7 John Shannon  Nationalist South Australia 12 July 191730 June 1920
8 Thomas Bakhap  NationalistTasmania21 July 192030 June 1923
9 John Newlands  NationalistSouth Australia5 July 192330 June 1926
10 William Plain  NationalistVictoria1 July 192630 June 1932
  United Australia
11 Herbert Hays  United AustraliaTasmania1 September 193223 September 1935
12 Burford Sampson  United AustraliaTasmania24 September 193530 June 1938
13 James McLachlan  United AustraliaSouth Australia1 July 193830 June 1941
14 Gordon Brown  LaborQueensland1 July 194122 September 1943
15 Ben Courtice  LaborQueensland23 September 19431 November 1946
16 Theo Nicholls  LaborSouth Australia6 November 194619 March 1951
17 George Rankin   Country Victoria12 June 195130 June 1953
18 Albert Reid  Country New South Wales 8 September 195322 May 1962†
19 Gerald McKellar  CountryNew South Wales7 August 196221 December 1964
20 Tom Drake-Brockman  CountryWestern Australia16 March 196511 November 1969
21 Tom Bull  CountryNew South Wales25 November 196930 June 1971
22 Edgar Prowse  CountryWestern Australia17 August 197131 December 1973
23 James Webster  Country /
National Country
Victoria5 March 197421 December 1975
Tom Drake-Brockman National CountryWestern Australia17 February 197630 June 1978
24 Douglas Scott  National CountryNew South Wales15 August 197810 December 1979
25 Ron Maunsell  National CountryQueensland19 February 198030 June 1981
26 Doug McClelland  LaborNew South Wales20 August 19814 February 1983
27 David Hamer   Liberal Victoria21 April 198330 June 1990
28 Mal Colston  LaborQueensland21 August 199016 August 1993
29 Noel Crichton-Browne  LiberalWestern Australia17 August 19939 May 1995
30 Margaret Reid  Liberal ACT 9 May 199520 August 1996
Mal Colston  Independent Queensland20 August 19966 May 1997
31 Sue West  LaborNew South Wales6 May 199730 June 2002
32 John Hogg  LaborQueensland19 August 200225 August 2008
33 Alan Ferguson  LiberalSouth Australia26 August 200830 June 2011
34 Stephen Parry  LiberalTasmania4 July 20116 July 2014
35 Gavin Marshall  LaborVictoria7 July 20149 May 2016
36 Sue Lines  LaborWestern Australia30 September 201626 July 2022
37 Andrew McLachlan  LiberalSouth Australia26 July 2022

See also

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References

  1. Commonwealth of Australia Constitution Act - Sect 17
  2. Senate Debates, 9 August 2005; 14 August 2007. In 2019 the Australian Greens again put forward another rival candidate
  3. 1 2 Senate Briefs: No. 6 - The President of the Senate, Parliament of Australia.
  4. Senators' entitlements including remuneration, Parliament of Australia.
  5. ANNOTATED STANDING ORDERS OF THE AUSTRALIAN SENATE Chapter 3 - Deputy President and Chairman of Committees: 9 Term of Office, Parliament of Australia.
  6. ANNOTATED STANDING ORDERS OF THE AUSTRALIAN SENATE Chapter 3 - Deputy President and Chairman of Committees: 11 Duty of Chairman, Parliament of Australia.
  7. ANNOTATED STANDING ORDERS OF THE AUSTRALIAN SENATE Chapter 3 - Deputy President and Chairman of Committees: 13 Absence of President, Parliament of Australia.
  8. "Appendix 3―Deputy Presidents and Chairmen of Committees (1901–2009)". Parliament of Australia. Retrieved 10 September 2017.