Chapter 8 - Conduct
of proceedings
Quorum
Section 22 of the Constitution
provides:
Until the Parliament otherwise
provides, the presence of at least one-third of the whole number of the
senators shall be necessary to constitute a meeting of the Senate for the
exercise of its powers.
By the Senate (Quorum) Act 1991, which was introduced in accordance
with a recommendation of the Senate Select
Committee on Legislation Procedures in 1988, the quorum of the Senate was
altered to one quarter of the senators, that is, 19 out of 76 senators.
The standing orders of the Senate contain provisions to ensure that a
quorum is kept during a sitting of the Senate.
If a quorum is not
present when the President takes the chair at the beginning of a sitting, the
bells are rung for a further five minutes, and if a quorum is not then present,
the President adjourns the Senate till the next sitting. A senator present at
this time is not allowed to leave the chamber while a quorum is being formed
(SO 51).
At any time during a sitting, a senator may draw attention to the lack
of a quorum, and for that purpose may interrupt a senator who is speaking (SO 52(3), 197(1)). The bells
are then rung for four minutes, and if a quorum is still not present the
President adjourns the Senate till the next sitting. The doors remain unlocked
after the bells have been rung and when the senators are being counted. A
senator who enters the chamber at that stage may be counted for the purpose of
a quorum, but not one who enters after the President has finally declared that
a quorum is not present.
If a division reveals that a quorum is not present, the President
adjourns the Senate till the next sitting, and no decision is taken as a result
of the division (SO 52(1)).
If attention is
drawn to the lack of a quorum in committee
of the whole, and if a quorum is still not present after the bells have been
rung for four minutes, or if a division in the committee reveals the lack of a
quorum, the Chair of Committees leaves the chair and reports to the Senate (SO 147). When that
report is made the bells are rung for four minutes, and if a quorum is not then
present the President adjourns the Senate till the next sitting day (SO 52(2)).
A senator present in the chamber may not leave the chamber while a
quorum is being formed (SO 52(4)). A senator
who leaves or attempts to leave the chamber contrary to this standing order may
be required by the chair to return.
If a quorum is called for when a senator is speaking, the time taken to
form a quorum does not come out of the senator’s speaking time. Nor does it reduce
the time for a debate (SO 52(7)).
If the Senate is
adjourned for lack of a quorum, which is called a “count-out”, the
names of the senators present are recorded in the Journals (SO 52(6)).
Occasionally it is suggested that the ability of a senator to call
attention to the lack of a quorum should be restricted, because the frequent
use of that procedure may disrupt the transaction of business. The requirement
for a quorum has been virtually eliminated in the British House of Commons for
this reason. In view of the explicit terms of section 22 of the
Constitution, however, any restriction on the right of a senator to call attention
to the absence of a quorum may be regarded as unconstitutional, as a procedural
rule of the Senate cannot be inconsistent with the Constitution. (For a
discussion of this point, see Finance and Public Administration Committee,
additional estimates 2007-08 hearing, transcript, pp 6-7.)
It is not the
practice for the President to call attention to the absence of a quorum. The
President must be satisfied that a quorum is present before taking the chair
but, once the chair is taken, the presence of a quorum is the responsibility of
the Senate.
The oft‑made assertion that it is the responsibility of the government
to maintain a quorum is not supported by the rules. The responsibility rests
with all senators. This principle was affirmed by a resolution agreed to by the
Senate on 4 October 1989 (J.2083-5).
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