Modern Australian
The Times

The new leader of the Greens sits in the Senate. Why is that so unusual in Australian politics?

  • Written by Anne Twomey, Professor Emerita in Constitutional Law, University of Sydney

The 2025 federal election resulted in some unexpected outcomes, including the loss by the Greens Leader, Adam Bandt, of his seat in the House of Representatives. The new Greens leader is Senator Larissa Waters.

Does it matter that a party leader sits in the Senate, and why do the leaders of major parties almost always come from the lower House?

The answer is that by convention, rather than an express constitutional requirement, the prime minister sits in the lower house of parliament. Parties with aspirations to form government therefore choose leaders from among their members in the lower house.

Prime ministers in the House of Lords

Historically, in the United Kingdom, prime ministers could sit in either house. In the 19th century, most prime ministers sat in the House of Lords, and two started in the House of Commons and ended their prime ministership in the Lords.

But in the 20th century, the convention developed of the prime minister holding a seat in the House of Commons.

This was for three reasons. First, as a matter of practicality, the House of Commons is where the main work of government occurs, and the prime minister’s involvement is needed.

Second, according to convention, the monarch appoints as prime minister the person who commands the confidence of the lower house, which is hard to do from outside it.

Third, the House of Lords is not elected, and therefore does not have a democratic mandate. It ceased to be acceptable in the United Kingdom for an unelected person to govern as prime minister.

The convention of the prime minister sitting in the lower house mirrors that in the UK. AP/AAP

When the Conservative prime minister, Harold Macmillan, resigned suddenly for health reasons in 1963, Lord Home was appointed as Conservative Party leader and prime minister. He renounced his earldom and then ran successfully in a byelection for a seat in the House of Commons.

A prime minister in the Senate?

In Australia, the position is different because the Senate is elected by the people. A senator can therefore be regarded as having a democratic mandate, although he or she represents a state, rather than being elected by a particular electorate.

Section 64 of the Commonwealth Constitution requires ministers to be either a member of the House of Representatives or the Senate, with a three month leeway period to become elected. But it does not require that the prime minister sit in the House of Representatives. It is instead a matter of custom, practicality and convention.

When the prime minister, Harold Holt, went missing while swimming in the ocean in December 1967, the Liberal Party chose Senator John Gorton as its new leader.

Gorton was appointed prime minister on January 10 1968, despite being a Senator, but resigned from the Senate on February 1 1968 and was elected to fill the vacancy in Holt’s lower House seat on February 24.

Gorton was therefore prime minister while being a Senator for three weeks, and prime minister without a seat in parliament at all for just over three weeks. It was generally accepted that as prime minister, he should sit in the lower house.

Premiers in state upper houses

At the state level, premiers have sometimes sat in the upper house, at least for a short period.

One notable example is that of Hal Colebatch in Western Australia. In 1919, Colebatch, who was a member of the Western Australian Legislative Council, was acting premier, while the premier, Henry Lefroy, was at a conference in Melbourne. There was an outbreak of Spanish flu in the eastern states. In scenes reminiscent of the COVID pandemic, Colebatch gained immense popularity by slamming shut the state border. His own premier was even prevented from returning home.

Lefroy eventually resigned as premier, and Colebatch replaced him, despite sitting in the Legislative Council. But Colebatch did not last long in the job. He tried, but failed, to find a lower house seat to move to. In addition, his health was failing, as was his popularity after rioting during a wharf strike led to the death of a worker. So Colebatch resigned as premier, having spent his entire premiership as a member of the Legislative Council.

In New South Wales, when the Labor premier, Neville Wran, surprised his colleagues by resigning in May 1986, the party elected Barrie Unsworth as its leader.

Unsworth was a member of the Legislative Council. He was nonetheless appointed as premier. A Labor backbencher in the Legislative Assembly resigned to allow Unsworth to contest his safe Labor seat. Despite a large swing against him, Unsworth narrowly won the seat by 54 votes and continued as premier until 1988.

Leaders of major and minor parties

The main problem with a prime minister or premier sitting in the upper house is that the government is formed from the lower house, and the prime minister or Premier must be the person who holds its confidence. This is difficult when there is no direct accountability to the lower house, as it cannot question a prime minister or premier who sits in the other house.

For this reason, parties that could potentially win government will ordinarily choose a leader from among their members in the lower House, and politicians with leadership ambition will often seek to transfer from the upper to the lower house to enhance their chances to lead.

Due to the Senate’s proportional voting system, minor parties are more likely to have greater numbers in the Senate than the House of Representatives. It is therefore logical that their leadership should come from the Senate, especially when they are unlikely to have the numbers in the lower House to form a government. But for major parties, their leader is ordinarily chosen from among the members of the House of Representatives, in case government beckons.

Authors: Anne Twomey, Professor Emerita in Constitutional Law, University of Sydney

Read more https://theconversation.com/the-new-leader-of-the-greens-sits-in-the-senate-why-is-that-so-unusual-in-australian-politics-256578

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...

Parent-Advocates Are Reshaping Frontline Disability Service Delivery

Parents have always been part of the disability sector. They advocate, coordinate services, challenge decisions and often become the person holding ev...

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...