A by-election is held in a particular House of Representatives electorate whenever a vacancy occurs.
This may occur when:
- A member dies. This last occurred in 2015 in Canning (WA), following the death of Don Randall, and in 2001 in Aston (Vic), following the death of Peter Nugent.
- A member resigns. This may occur because a member wishes to retire or has been appointed to a government or non-government post. It last happened in 2015 when Joe Hockey resigned as member for North Sydney and was appointed Ambassador to the United States. Resignations are covered by Section 37 of the Constitution which states: “A member may by writing addressed to the Speaker, or to the Governor- General if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his place, which there-upon shall become vacant.
- A member is absent. Section 38 of the Constitution states: “The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House.” This has never occurred in the House of Representatives.
- A member may be disqualified under Section 44 of the Constitution. Section 44 allows for members to be disqualified if they have foreign allegiance or citizenship, if they are “attainted of treason”, are undischarged bankrupts, hold an office of profit under the Crown, or have a pecuniary interest conflict. Phil Cleary was disqualified as the member for Wills in 1992 because he held an office of profit as a Victorian government school teacher. In 1999, Heather Hill was disqualified from taking up her seat as a Queensland One Nation senator because she held dual citizenship with the UK.
- A member is expelled by the House of Representatives. This has happened just once, in 1920, when Hugh Mahon, the member for Kalgoorlie, was expelled for “seditious and disloyal utterances”. The Parliamentary Privileges Act has since been amended and the House no longer has the power to expel members.
Resources
- House of Representatives By-Elections Since 1901 – full list of by-elections since 1901, with outcomes.
- Apr 04, 2016: New Research Paper on House by-elections 1901-2015 – contains latest statistics.
- Oct 19, 2002: Cunningham By-Election
- Jul 14, 2001: Aston By-Election
- Mar 17, 2001: Ryan By-Election
Archived Posts
- August 31, 2020: Kristy McBain (ALP – Eden-Monaro) – Maiden Speech
- June 30, 2019: The Darwin By-Election – 102 Years Ago Today
- December 14, 2018: Preferential Voting In Federal Elections Is One Hundred Years Old Today
- May 24, 2018: Speaker Sets July 28 As Date For Five By-Elections; Opposition Outraged
- May 14, 2018: 1911 Was The Last Time A Government Won A Seat From The Opposition. Oh, Really?
- April 1, 2017: Who’s Left – The Surviving Members Of Every House Of Representatives Since 1949
- April 4, 2016: New Research Paper On House By-Elections
- July 21, 2015: Don Randall, Liberal Member For Canning, Dies, 62
- July 19, 2014: ALP Wins Queensland Stafford By-Election With 18.6% Swing
- April 6, 2014: Liberals Clinging To Three Seats In WA Senate Election; Labor Thrashed As Greens Triumph And Palmer Surges
- March 23, 2014: Bill Shorten Takes Aim At Abbott At Launch Of ALP Senate Campaign In Western Australia
- March 3, 2014: Scott Ludlam Invites Tony Abbott To Western Australia: “We Want Our Country Back”
- February 22, 2014: Yvette D’Ath Wins Queensland Redcliffe By-Election For Labor With 16% Swing
- February 8, 2014: Terri Butler Wins Griffith By-Election For ALP; Status Quo Result Sees 0.68% Swing To Liberals
- February 6, 2014: LNP Running Anti-Union Campaign In Griffith By-Election
- February 1, 2014: Abbott Launches Liberal Party Campaign For Griffith By-Election
- January 22, 2014: Bill Shorten Launches Terri Butler’s ALP Campaign For Griffith By-Election
- January 22, 2014: Shorten Campaigns In Griffith
- January 17, 2014: Eleven Candidates To Contest Griffith By-Election
- January 6, 2014: Griffith By-Election Set For February 8
- December 2, 2013: Speaker Bronwyn Bishop Reports Kevin Rudd’s Resignation To The House
- November 21, 2013: A Week After Announcing His Retirement, Kevin Rudd Still Hasn’t Resigned
- June 19, 2010: Penrith By-Election: Victory Speech By Stuart Ayres
- April 28, 2003: Despite Huge Majority, Beattie Says By-Election Is Wake-Up Call
- October 19, 2002: Cunningham By-Election – AEC Voting Leaflet
- October 19, 2002: Greens Win Cunningham In Historic By-Election
- July 14, 2001: Aston By-Election (2001)
- May 6, 2001: Independent Wins Surfers Paradise By-Election; National Party Mauled By Voters
- April 24, 2001: More Trouble For Howard: By-Election In Crucial Melbourne Electorate
- March 18, 2001: Howard Says He Has Listened To The Voters But Maintains Government Direction Is Sound
- March 17, 2001: Ryan By-Election (2001)
- March 17, 2001: A Night Of See-Saw Counting In Ryan By-Election
- March 17, 2001: The (Former?) Liberal Party Stronghold of Ryan
- March 17, 2001: By-Election: Day Of Reckoning In Ryan
- March 15, 2001: The Politics Of The Exchange Rate
- March 14, 2001: How Will Beazley Fund Rollback?
- March 13, 2001: Another Poll Shows Coalition In Trouble As Ryan By-Election Nears
- March 4, 2001: A Week Is A Long Time In Politics
- March 2, 2001: Howard Opens Liberal Party Campaign For Ryan By-Election
- August 12, 2000: Labor Wins Isaacs By-Election With 7.75% Primary Swing
- June 29, 2000: Isaacs By-Election To Be Held On August 12
- June 14, 2000: Greg Wilton, Member for Isaacs, Found Dead
- May 28, 2000: A By-Election In Isaacs?
- May 14, 2000: Nationals Concede Benalla To ALP
- May 13, 2000: Historic Victory As Labor Wins Benalla By-Election; Rural Voters Vent More Anger On Coalition
- May 13, 2000: Benalla By-Election A Test For National Party
- November 29, 1999: UK By-Elections – 1997-99
- November 6, 1999: The Forgotten Poll: By-Election in Holt
- February 23, 1992: Wills By-Election Campaign Begins
