Background
Political party defections have been an ongoing
issue within the Australian Parliament. Since the beginning of the current Parliament
there have been 7 party defections. This number of party defections is greater than
either of the previous two
Parliaments.
There is currently no federal legislation or electoral
requirement in Australia that specifically addresses
defections or imposes sanctions. In an
unusual move at the state level, the Tasmanian Liberal Party has proposed a ‘stability
clause’ requiring defecting members to forfeit their seat but this has been
criticised
by legal experts.
Impact of defections on numbers
Defections can have a major impact on both the parties
involved and the operation of the Parliament. The change in numbers of the
crossbenches may affect the Government’s legislative program and chamber
business. Not unusually in the Senate, the Government is in minority (25
senators) requiring 14 votes to pass legislation and business motions. Until
Senator Payman’s defection, the Government required the Coalition’s vote or the
Greens plus 2, and it now requires the Coalition or the Greens plus 3 votes.
The Liberal Party/Nationals Coalition overall has lost
four seats to defection (two in each Chamber) in the current Parliament while
the ALP, the Australian Greens and the Jacqui Lambie Network have each lost one
member.
Since the 2022 election, the Coalition numbers in the
House of Representatives have reduced from 58 to 55: two a result of defections
(and the other due to defeat by the ALP at the Aston
by-election). The crossbench in the House has increased from 16 to 18.
In the Senate, the already large crossbench has increased
from 18 to 21, with the number of Independents or new micro parties (People First and Australia’s Voice) rising from 1 to 6.
The Government therefore lost a member in the Senate and will have to secure an
extra vote from the crossbench on contentious legislation.
Reasons for defections
The defections in the current federal parliament have
occurred for a variety of reasons.
Two defections have resulted from the members losing
preselection by their parties for the next election.
In November 2023 Russell Broadbent (Monash, Vic) a long-term
Liberal member lost
party preselection, and quit the party to sit as an Independent. Following
the loss of preselection in July 2024, Senator Gerard Rennick (Qld) resigned
from the Liberal National Party of Queensland to sit as an Independent.
Subsequently he has set up his own political party, People First.
Three defections resulted from policy differences with their
respective parties.
Andrew Gee (Calare, NSW) resigned
from the NSW Nationals in December 2022 over the party’s decision to oppose the
Indigenous Voice to Parliament: he sits as an Independent in the House of
Representatives.
On 6 February 2023 Senator Lidia Thorpe (Vic) resigned
from the Australian Greens over differences with the party’s position on the
proposed Indigenous Voice to Parliament: she sits as an Independent.
On 13 August 2024 Senator Fatima Payman (WA) informed the
Senate she had resigned
from the ALP as a result of the party’s position on the Israeli-Gaza conflict.
Senator Payman crossed
the floor to support a Greens motion relating to the Middle East. In October 2024
Senator Payman launched
a new party, Australia’s Voice.
Two other defections were largely due to personal issues.
Senator David Van (Vic) was expelled
from the Coalition party room in June 2023, following allegations
of sexual harassment. Senator Van resigned
from the Liberal Party three days after the initial allegations to sit as an Independent.
Senator Tammy Tyrrell (Tas) resigned
from the Jacqui Lambie Network in March 2024, stating that ‘It’s become clear
to me that I no longer have the confidence of the Jacqui Lambie Network to be
able to represent it in the Senate’. Senator Tyrell sits as an Independent.
Following a defection there are normally calls for a parliamentarian
who defects from the political party that endorsed them at the time of their
election to vacate the seat (as discussed in this previous
Parliamentary Library FlagPost). However, Professor Anne Twomey has suggested that measures
to punish defections (such as anti-defection laws) are usually seen as moving
too far towards stability and away from accountability and could raise constitutional
issues.