Australian Electoral Commission

Statement from the Australian Electoral Commission: Court of Disputed Returns decision

Updated: 18 February 2014

The Australian Electoral Commission (AEC) acknowledges the decision today by His Honour Justice Hayne sitting as the Court of Disputed Returns.

The AEC notes that the Court has advised in its written decision issued today that it finds that the only relief appropriate is for the 2013 Western Australian Senate election result to be declared void.

The AEC also notes that an order to give effect to this finding has not yet been issued by His Honour and that Thursday 20 February has been set down to complete his disposition of the Petitions including orders. Therefore his Honour has not yet ordered that the election be declared void.

In accordance with the Australian Constitution and the requirements of the Western Australian Election of Senators Act 1903, an election of six senators for Western Australia would occur once a writ has been issued by His Excellency Mr Malcolm McCusker AC CVO QC, the Governor of Western Australia. A writ outlines all the key timings for the election including the dates for the close of the electoral roll, candidate nominations and for election day.

Once a writ has been issued, the AEC will conduct the Western Australian Senate election in accordance with the provisions of the Commonwealth Electoral Act 1918.