Tony Smith (Speaker) Share this | Hansard source

If members could cease interjecting, could I please have the attention of the House on this important matter: I'd like to read a fairly lengthy statement, and then I'll be tabling some documents. Earlier in the week, I advised the House I would provide an update on possible dates for by-elections in the seats of Braddon, Fremantle, Longman, Mayo and Perth. This update follows further consultation with the Australian Electoral Commissioner and party leaders. Under the Constitution, it is my responsibility alone to issue a writ for a by-election when a vacancy occurs, and generally it has not been the practice to provide an explanation for the exercise of this responsibility. I have varied from the usual practice because of the quite unusual—quite unique—circumstances surrounding these by-elections.

As the House of Representatives Practice makes clear, there is no statutory period within which I must issue the writ. As a matter of principle, Speakers have generally sought to issue writs as soon as electorally practicable to ensure that electors are not without a representative here in the House for longer than necessary. However, the timing of the calling of each by-election has varied considerably because of circumstances, and in this case there has been a unique set of circumstances.

While there has been much commentary around the five by-elections occurring on the one day, the Australian Electoral Commission actually has to consider whether this is feasible and desirable. The advice I have received from the Electoral Commissioner is that although this is the largest number of by-elections to be conducted at the one time since Federation, and the holding of them across four states adds complexity, the AEC believes conducting the by-elections on the one day is the preferred option. I intend to follow this preferred option.

As noted in my statement on Monday, the Electoral Commissioner advised me that the government was considering urgent changes through regulation to the nomination process to ensure that all candidates are aware of their obligations under section 44 of the Constitution. The implementation of these changes prior to the by-elections was supported by the Electoral Commissioner and by the Joint Standing Committee on Electoral Matters in a unanimous recommendation. The latest advice I have from the Electoral Commissioner is that the regulations have been signed by the Special Minister of State and will be submitted to the Governor-General soon for his consideration, expected to be 29 May. Regardless of the date for submission to the Federal Executive Council, the AEC has advised me that it has commenced preparations to implement the regulations and will require approximately two weeks to do so. The implementation would need to be complete prior to the writs being issued.

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