What happens if there's a dispute about who should be a Senator?

In Plain English

If there's a disagreement about the validity of a Senate election, or about who should fill a Senate seat, here's what can happen:

  1. Disputed Election: If someone believes the Senate election itself wasn't conducted fairly or correctly, they can take the matter to the Court of Disputed Returns. This court has the power to investigate, review ballot papers, and even declare the election void if necessary (Commonwealth Electoral Act 1918).
  2. Disputed Choice/Appointment: If the disagreement is about the selection or appointment of a Senator to fill a vacancy (for example, when a Senator resigns or dies), this dispute is also taken to the Court of Disputed Returns (Commonwealth Electoral Act 1918).

Detailed Explanation

The Commonwealth Electoral Act 1918 provides avenues for disputing Senate elections and appointments.

  • Disputed Elections:
    • The validity of an election can be disputed, and the Court of Disputed Returns may consider ballot papers reserved for the decision of the Australian Electoral Officer (Commonwealth Electoral Act 1918).
    • The Court of Disputed Returns has broad powers, including the power to declare that a person was not duly elected, declare an election absolutely void, and order recounts in certain circumstances (Commonwealth Electoral Act 1918).
    • The Electoral Commission can also file a petition disputing an election (Commonwealth Electoral Act 1918).
  • Disputed Choice/Appointment: