View source for Rotation of senators after a double dissolution

Following a double dissolution election, Australia's constitution re-establishes the rotation of senators by allowing the senate to allocate half the elected state senators a short (three-year) term. By convention, and as intended by the constitution, the same method has always been used to allocate long and short term seats. However, legislation introduced in 1984 with the intention of changing the convention to a new, fairer method has resulted in two 'legitimate' methods being available. In both of the double dissolution elections that have taken place since, a coalition of two parties has controlled the senate to allocate themselves two extra long term seats by choosing the more favourable method. In both cases, this was the traditional method. Despite two bipartisan senate resolutions to use the new method, it has never been employed.

{| class="wikitable"
|+ Senators affected
|-
! Year of election
! State represented
! Party represented
! Senator name
! Term allocated
! Controlling coalition
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| NSW
| [[Australian_Democrats|Democrats]]
| [[Paul_McLean_(politician)|Paul McLean]]
| 6 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| NSW
| [[National_Party_of_Australia|Nationals]]
| [[David_Brownhill|David Brownhill]]
| 3 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| VIC
| [[Australian_Democrats|Democrats]]
| [[Janet_Powell|Janet Powell]]
| 6 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| VIC
| [[National_Party_of_Australia|Nationals]]
| [[Julian_McGauran|Julian McGauran]]
| 3 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| SA
| [[Australian_Labor_Party|Labor]]
| [[Graham_Maguire|Graham Maguire]]
| 6 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| SA
| [[Liberal_Party_of_Australia|Liberal]]
| [[Robert_Hill_(Australian_politician)|Robert Hill]]
| 3 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| QLD
| [[Liberal_Party_of_Australia|Liberal]]
| [[Warwick_Parer|Warwick Parer]]
| 6 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_1987–1990|1987]]
| QLD
| [[Australian_Labor_Party|Labor]]
| [[Gerry_Jones|Gerry Jones]]
| 3 years
| [[Australian_Labor_Party|Labor]]/[[Australian_Democrats|Democrats]]
|-
| [[Members_of_the_Australian_Senate,_2016–2019|2016]]
| NSW
| [[Australian_Labor_Party|Labor]]
| [[Deborah_O%27Neill|Deborah O'Neill]]
| 6 years
| [[Liberal_Party_of_Australia|Liberal]]/[[Australian_Labor_Party|Labor]]
|-
| [[Members_of_the_Australian_Senate,_2016–2019|2016]]
| NSW
| [[Greens|Australian_Greens]]
| [[Lee_Rhiannon|Lee Rhiannon]]
| 3 years
| [[Liberal_Party_of_Australia|Liberal]]/[[Australian_Labor_Party|Labor]]
|-
| [[Members_of_the_Australian_Senate,_2016–2019|2016]]
| VIC
| [[Liberal_Party_of_Australia|Liberal]]
| [[Scott_Ryan_(Australian_politician)|Scott Ryan]]
| 6 years
| [[Liberal_Party_of_Australia|Liberal]]/[[Australian_Labor_Party|Labor]]
|-
| [[Members_of_the_Australian_Senate,_2016–2019|2016]]
| VIC
| [[Derryn_Hinch%27s_Justice_Party|Justice Party]]
| [[Derryn_Hinch|Derryn Hinch]]
| 3 years
| [[Liberal_Party_of_Australia|Liberal]]/[[Australian_Labor_Party|Labor]]
|-
|}

= 1984 legislation = 

Section 13 of the [[Australian Constitution]] requires the senate to divide the state senators into two classes following a double dissolution, with 3-year and 6-year terms. This has traditionally been done by allocating longer term seats to the senators elected earliest in the count. The [[Commonwealth Electoral Act 1918#1984 amendments|1984 amendments to the Commonwealth Electoral Act]] required the Australian Electoral Commission to conduct a recount for half the seats which was seen as producing a fairer allocation. This alternative allocation has not yet been used. Following double dissolution elections in [[Australian federal election, 1987|1987]] and [[Australian federal election, 2016|2016]], the first-elected allocation continued to be used, despite Senate resolutions in 1998 and 2010 agreeing to use the new method.<ref>{{cite news |url=https://www.abc.net.au/news/2016-08-12/pauline-hanson-secures-six-years-in-senate/7730280|title=Election 2016: Pauline Hanson secures six-year Senate term, Derryn Hinch has three years until re-election |work=ABC News |date=12 August 2016 |access-date=16 April 2019}}</ref>

Changes to the Electoral Act in [[1984 in Australia|1984]] by the  [[Hawke Government]] included:
* an independent [[Australian Electoral Commission]] (AEC) was established to administer the federal electoral system. 
* the number of senators was increased from 64 to 76 (12 from each State and two from each Territory), an increase of 12, and the number of members of the House of Representatives was increased from 125 to 148, an increase of 23. 
* the [[group voting ticket]] [[Australian Senate#Voting system|voting system]] (the original "above-the-line" voting) was introduced. 
* the registration of political parties was introduced to permit the printing of party names on ballot papers. 
* [[Political funding in Australia|public funding]] of election campaigns and disclosure of political donations and electoral expenditure was introduced. 
* the compulsory enrolment and voting requirement was extended to cover Indigenous Australians. 
* the franchise qualification was changed to [[Australian citizenship]], though [[British subject]]s on the roll immediately before 26 January 1984 retained enrolment and voting rights. 
* the grace period after an election is called before the [[Electoral register|electoral rolls]] are closed was extended to seven days and the time that polling places closed was changed from 8pm to 6pm.
* Section 282 was added, requiring the AEC to conduct a recount following a dissolution under section 57 of the Constitution as if only the elected candidates had been named on the ballot papers, and only half the number were to be elected.<ref>{{cite |url=https://www.legislation.gov.au/Details/C2016C00697 |section=282 Re‑count of Senate votes to determine order of election in other circumstances |title=Commonwealth Electoral Act 1918 |date=1 July 2016 |publisher=Government of Australia |accessdate=19 October 2016}}</ref> The constitution requires the Senate to allocate long and short term senate seats, and this provides one way of determining which senators are allocated which terms. As of 2016, this method had not yet been applied,<ref>{{cite news |url=https://www.theguardian.com/australia-news/2016/aug/12/senate-terms-derryn-hinch-and-greens-lee-rhiannon-given-three-year-terms |title=Senate terms: Derryn Hinch and Greens' Lee Rhiannon given three years |first=Gareth |last=Hutchens |date=12 August 2016 |publisher=Guardian News and Media Limited |accessdate=19 October 2016}}</ref> despite two bipartisan senate resolutions in favour of using it as well as two double dissolution elections (1987 and [[Australian_federal_election,_2016|2016]]).

= 1987 election =

In accordance with [[Section 13 of the Constitution of Australia|section 13 of the Constitution]],<ref name="s13">{{Cite Legislation AU|Cth|act|coaca430|Constitution|13}} Rotation of senators.</ref> following a double dissolution of Parliament, the terms for Senators commence on 1 July preceding the election – i.e., on 1 July 1987.  The Senate  decides which senators were allocated the full six-year terms ending on 30 June 1993 and which senators were allocated three-year terms ending on 30 June 1990. In 1983 the ''Commonwealth Electoral Act'' 1918 had been amended to include provision for a recount of ballot papers to determine the senators to get the long term vacancies.<ref>{{Cite Legislation AU|Cth|act|cea1918233|Commonwealth Electoral Act 1918|282}} Re-count of Senate votes to determine order of election in other circumstances.</ref> This was the result of a unanimous recommendation from the [[Australian House of Representatives committees#Joint committees|Joint Select Committee]] on Electoral Reform.<ref>{{cite web| |title=First report - electoral reform |author=Joint Select Committee on Electoral Reform |url=http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=/reports/1983/1983_pp227.pdf |pages=66-7 |publisher=[[Parliament of Australia]] |date=13 September 1983}}</ref> Despite the unanimous recommendation for reform, [[Australian Labor Party|Labor]] and the [[Australian Democrats|Democrats]] maintained the previous system where the first six senators elected in each state were allocated the full six-year terms ending on 30 June 1993 while the other half were allocated three-year terms ending on 30 June 1990. The effect of this system was that Democrat Senators [[Paul McLean (Australian politician)|Paul McLean]] and [[Janet Powell]] got a long term instead of National Senators [[David Brownhill]] and [[Julian McGauran]]. There was no net effect on Labor and Liberal in that in South Australia, Labor Senator [[Graham Maguire]] got a long term instead of Liberal Senator [[Robert Hill (Australian politician)|Robert Hill]], while in Queensland, Liberal Senator [[Warwick Parer]] got a long term instead of Labor Senator [[Gerry Jones]].<ref>{{cite hansard |jurisdiction=Commonwealth of Australia |house=Senate |title=Rotation of Senators |url=http://parlinfo.aph.gov.au/parlInfo/download/chamber/hansards/1987-09-17/toc_pdf/S%201987-09-17.pdf |date=17 September 1987 |page_start=194 |page_end=213}}</ref><ref>{{cite web |url=http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice/Chapter_04#h23 |title=Division of the Senate following simultaneous general elections |work=Odgers' Australian Senate Practice |edition=14th |publisher=[[Parliament of Australia]] |access-date=28 March 2017}}</ref> Senators took their seats immediately following the election on 11 July 1987.  The four territory senators were elected in July 1987 and their terms ended at the next federal election, which was [[Australian federal election, 1990|March 1990]].

= 2016 election =

In accordance with [[Section 13 of the Constitution of Australia|section 13 of the Constitution]],<ref name="s13">{{Cite Legislation AU|Cth|act|coaca430|Constitution|13}} Rotation of senators.</ref> it was left to the Senate to decide which Senators were allocated six- and three-year terms. The senate resolved that the [[Results for the Australian federal election, 2016 (Senate)|first elected six of twelve Senators in each state]] would serve six-year terms, while the other six elected in each state would serve three-year terms. This had been the Senate practice on all seven previous occasions that required allocation of long and short terms.<ref name="Odgers"/> In 1983 the [[Australian House of Representatives committees#Joint committees|Joint Select Committee]] on Electoral Reform had unanimously recommended an alternative "recount" method to reflect proportional representation,<ref>{{cite web|title=First report - electoral reform |author=Joint Select Committee on Electoral Reform |url=http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=/reports/1983/1983_pp227.pdf |pages=66–7 |publisher=[[Parliament of Australia]] |date=13 September 1983}}</ref> and section 282 of the [[Commonwealth Electoral Act 1918|''Commonwealth Electoral Act'']] was inserted to provide for a recount on that basis.<ref>{{Cite Legislation AU|Cth|act|cea1918233|Commonwealth Electoral Act 1918|282}} Re-count of Senate votes to determine order of election in other circumstances.</ref> This alternative method had been supported by both major parties in senate resolutions passed in 1998<ref>{{cite hansard |jurisdiction=Commonwealth of Australia |house=Senate |title=Election of Senators |url=http://parlinfo.aph.gov.au/parlInfo/download/chamber/hansards/1998-06-29/toc_pdf/S%201998-06-29.pdf |date=29 June 1998 |page_start=4326 |page_end=4327}}</ref> and 2010.<ref name=Odgers>{{cite web |url=http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Odgers_Australian_Senate_Practice/Chapter_04#h23 |title=Division of the Senate following simultaneous general elections |work=Odgers' Australian Senate Practice |edition=14th |publisher=[[Parliament of Australia]] |access-date=28 March 2017}}</ref><ref>{{cite hansard |jurisdiction=Commonwealth of Australia |house=Senate |title=Double Dissolution |url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2F2010-06-22%2F0104%22 |date=22 June 2010 |page=3912}}</ref><ref>{{cite web |url=http://blogs.abc.net.au/antonygreen/2016/04/how-long-and-short-terms-are-allocated-after-a-double-dissolution.html |title=How long and short terms are allocated after a double dissolution |author=Green, A |author-link=Antony Green |date=25 April 2016 |publisher=ABC.net.au}}</ref><ref>{{cite web |url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/FlagPost/2016/January/Doubledissolution |title=Double dissolution election: implications for the Senate |publisher=[[Parliament of Australia]] |date=29 January 2016}}</ref> Despite the previous resolutions, an agreement between [[Liberal Party of Australia|Liberal]]'s [[Mathias Cormann]] and [[Australian Labor Party|Labor]]'s [[Penny Wong]] led the Senate to choose the first-elected method again. As a result, in New South Wales, Labor's [[Deborah O'Neill]] got a six-year term at the expense of The Greens' [[Lee Rhiannon]] getting a three-year term, while in Victoria Liberal's [[Scott Ryan (Australian politician)|Scott Ryan]] got a six-year term at the expense of the Justice Party's [[Derryn Hinch]] getting a three-year term. Both methods of allocation had the same outcome for all other senators.<ref>{{cite news |url=https://www.abc.net.au/news/2016-08-12/pauline-hanson-secures-six-years-in-senate/7730280|title=Election 2016: Pauline Hanson secures six-year Senate term, Derryn Hinch has three years until re-election |work=ABC News |date=12 August 2016 |access-date=16 April 2019}}</ref><ref>{{cite news |url=https://www.theguardian.com/australia-news/2016/aug/12/senate-terms-derryn-hinch-and-greens-lee-rhiannon-given-three-year-terms |title=Senate terms: Derryn Hinch and Greens' Lee Rhiannon given three years |work=The Guardian |date=12 August 2016}}</ref><ref>{{cite news |url=http://www.theaustralian.com.au/federal-election-2016/alplnp-deal-to-force-senators-back-to-poll-in-three-years/news-story/f04dae3cfa3f26ae8b28e5c13c232b60 |title=ALP-LNP deal to force senators back to poll in three years |work=The Australian |date=13 August 2016}}</ref><ref>{{cite news |url=http://www.smh.com.au/federal-politics/political-news/coalition-and-labor-team-up-to-clear-out-crossbench-senators-in-2019-20160812-gqr29k.html |title=Coalition and Labor team up to clear out crossbench senators in 2019 |work=The Sydney Morning Herald |date=12 August 2016}}</ref>