Legislative Assembly
Parliament of
Fact Sheet 24
Casting Votes
What is a casting vote?
In the Legislative Assembly, all questions must be
decided by a majority of the members present in the Chamber. The Chair puts the question to be decided,
and members respond by saying ‘Aye’ or ‘No’.
The Chair then declares whether the majority is for the ‘Ayes’ or the
‘Noes’.
Where a member challenges the Chair’s opinion, a
division is held. Bells are rung around
the Parliament buildings for three minutes to advise members that a division is
taking place. Members wishing to vote
must go to the Chamber. At the end of
the three minute period the vote of each member present is cast and
counted.
After a division, if the votes for the ‘ayes’ and
‘noes’ are equal, the Speaker has a casting vote.
What are the authorities for such a vote?
·
Section 40 of the
Constitution Act 1975 confirms that
‘when the votes are equal the Speaker shall have a casting vote’.
·
Standing Order
167 also confirms such a vote and states that, if the Speaker gives reasons for
the casting vote, those reasons are recorded in the Votes and Proceedings.
Can the Speaker vote at any other time?
The only time the Speaker can vote is when the votes are
equal.
Does a casting vote help obtain the numbers required for an
absolute majority?
Some bills have to be passed by an absolute majority
of members: see Fact Sheet 25: Altering
Victoria’s Constitution. In the
Legislative Assembly an absolute majority is obtained when 45 out of the 88
members agree to the third reading of a bill.
A casting vote only applies when the numbers are equal in a vote. For a casting vote to increase the numbers in
support to 45, the original vote would have to be 44:44.
Given that there are only 88 members in the Assembly
it follows that a casting vote can never apply to increase the numbers in
support to 45.
How should a casting vote be used?
Neither
the Constitution Act nor the standing
orders give any guidance as to how the vote should be cast. Therefore, the practice of the United Kingdom
House of Commons is referred to. Not all Speakers of the House of Commons have been
consistent in their approach but three broad principles have emerged which are
usually followed by Speakers of the Legislative Assembly:
·
The Speaker votes
for further discussion where possible.
For example, on a vote at the second reading stage of a bill, a casting
vote which follows this principle would be with the ‘ayes’ as further
discussion would follow in the remaining stages.
·
Where no further
discussion is possible, decisions should not be taken except by a
majority. Traditionally in the Legislative
Assembly the third reading stage is seen as the last opportunity for the House
to consider a bill. A casting vote
following this principle would be a vote against the third reading.
·
A casting vote on
an amendment to a bill should leave the bill in its existing form, therefore
disagreeing with the amendment.
Issued by the Clerk of the Legislative Assembly, May 2005
Fact Sheets
The Legislative Assembly Procedure Office has
produced a series of Fact Sheets that explain parliamentary procedure and
terminology. All Fact Sheets are available on Parliament’s website www.parliament.vic.gov.au or through the Procedure
Office. Contact Details
Procedure Office, Legislative Assembly,
Parliament House, Spring Street, East Melbourne, Vic 3002 Phone No: 03
9651 8563 Fax No: 03 9650 7245 Email: assembly@parliament.vic.gov.au |