Circumstances

Ministers and other Senators may be censured in the Senate for a wide range of reasons, such as misleading the Senate, failing to answer questions on notice or to produce documents within a stipulated time, maladministration of a department, or failing to declare a personal interest in a matter. The Senate may also pass motions of censure on ministers who are members of the House of Representatives.

Modalites

Censure motions are initiated by giving a notice of motion, or following a contingent notice suspending the Senate standing orders. After the suspension of the standing orders, another motion is moved to give precedence to the censure motion on that day until it is determined, and if passed, the censure motion is then moved. The vote on a motion of censure is decided by a simple majority.

Consequences

Unlike the House of Representatives, a resolution in the Senate censuring the government or a minister can have no direct constitutional or legal consequences. It is an expression of the Senate's disapproval of the actions or policies of a particular Senator, minister, or of the government as a whole. Between 31.12.1990 and 31.12.2000, there have been sixteen successful censure motions moved in the Senate. In the same period, four unsuccessful censure motions were moved. All successful motions censured the government, or a government minister or former minister, and may be assumed to have originated with non-governmental Senators.