psionl0
Skeptical about skeptics
Section 15 of the constitution says that the state government will fill in a casual Senate vacancy. I don't know what would happen if the state government refused to do so.Three loopholes remain:
1. There is no requirement to actually fill a vacancy
2. There is no requirement to accept the nominee concerned (used in TAS in 1987)
3. If a senator leaves their party and becomes an IND or a member of another party and then dies/resigns mid-term, it is their original party that chooses their replacement, even if they became an IND or started their own party.
If the Queensland government refused to replace Bert Milliner (rather than appoint a Labor Senator and restore Labor's balance of power) there would almost certainly have been a high court challenge. It probably wouldn't make much difference but if that had happened then the votes in the Senate would have been tied 29-29 so it couldn't defer the budget. It would only be able to defeat it.
In any case, a Labor Senator can't be replaced with a non-Labor Senator and the important part is "the balance of his term". This means that Gough wouldn't have been able to engage in the hi-jinks that he attempted with Senator Gair.
