Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Link to this | Hansard source

Mr President, I want to draw your attention to a matter that occurred yesterday during formal motions which I believe may have invalidated a vote. I seek your guidance. Senator Dean Smith introduced a formal motion, No. 831. The Deputy President was in the chair and passed it on the ayes. It was disputed, and she then asked if a division was required. There were two dissenting voices, and, amid some confusion, the chair actually put the question again. The dissenting voices were those of Senator Anning and Senator Burston. During the division, Senator Burston left the chamber. Standing order 100(2) states:

A senator calling for a division shall not leave the chamber until the division has taken place.

Subsection (3) states:

A senator shall vote in a division in accordance with that senator's vote by voice.

That did not happen yesterday. Mr President, I hope you'll make a ruling as to the validity of that division, given that one of the voices calling for the division, that being the voice of Senator Burston, was not present during the division. I also hope that you will remind senators of the Senate rules governing divisions.

Scott Ryan (President) Share this | Link to this | Hansard source

Thank you, Senator Hinch. This matter was brought to my attention this morning. You correctly point out the requirements of standing order 100, subclauses (2) and (3). With respect to the vote held yesterday, yes, senators should remain in the chamber and are required to when they call for a division, and their vote is required to reflect their voice when the question was put. However, upon taking advice, I believe the result of the division would not have been any different. It is not an invalid division, but you correctly give us the opportunity to remind all senators that, when they call for a division, they must remain in the chamber, and their vote must reflect their voice call when the matter was first put. To do otherwise is a breach of standing orders. But the division is not invalidated by that, given the result would have been no different.