The majority voted against an amendment introduced by ACT Senator David Pocock (Independent) and NSW Senator David Shoebridge (Greens), which means it failed.

What does the amendment do?

Senator Shoebridge explained that:

This amendment would provide for the oversight committee when it's considering just two critical issues, which are the appointment of the commissioner and the appointment of the inspector. It would provide that the oversight committee could only make that decision by a simple majority of members—not a super majority but a simple majority of members. It also provides that when determining that majority the provisions that provide for a casting vote of the chair do not apply. So, in other words, 50 per cent plus one of the members in attendance of the committee have to agree to the appointment of a commissioner or an inspector. Why is that important? It's important because it's hard to think of a more critical job for the oversight committee than determining who the commissioner and inspector of the NACC will be. On the current drafting, where the committee is six members of the government chosen from both houses and six non-government members—four of the opposition and two of the crossbench—chosen from each house, if there is an equality of votes then the government chair gets to determine the outcome. That effectively hands complete control to the government of the day in that critical decision about the appointment of a commissioner.

Amendment text

(1) Clause 178, page 150 (after line 17), after subclause (2), insert:

(2A) If the proposed recommendation is for the appointment of the Commissioner or the Inspector:

(a) the decision to approve or reject the recommendation is to be determined by a simple majority of members of the Committee; and

(b) paragraph 173(5)(b) does not apply in relation to a vote on a decision to approve or reject a proposed recommendation.

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 12 Yes 0 No
Penny Allman-Payne Queensland Yes
Dorinda Cox WA Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Barbara Pocock SA Yes
Janet Rice Victoria Yes
David Shoebridge NSW Yes
Jordon Steele-John WA Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (80% turnout) 0 Yes 20 No
Tim Ayres NSW No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Patrick Dodson WA No
Don Farrell SA No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Murray Watt Queensland No
Linda White Victoria No
Raff Ciccone Victoria Absent
Katy Gallagher ACT Absent
Malarndirri McCarthy NT Absent
Jana Stewart Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Absent
Andrew McLachlan SA Deputy President No
David Pocock ACT Independent Yes
Jacqui Lambie Network (100% turnout) 0 Yes 2 No
Jacqui Lambie Tasmania No
Tammy Tyrrell Tasmania No
Liberal National Party (50% turnout) 0 Yes 1 No
Matthew Canavan Queensland No
James McGrath Queensland Absent
Liberal Party (21% turnout) 0 Yes 5 No
Alex Antic SA No
Wendy Askew Tasmania No
Michaelia Cash WA No
Sarah Henderson Victoria No
Paul Scarr Queensland No
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Slade Brockman WA Absent
Claire Chandler Tasmania Absent
Richard Colbeck Tasmania Absent
Jonathon Duniam Tasmania Absent
David Fawcett SA Absent
Hollie Hughes NSW Absent
Jane Hume Victoria Absent
Kerrynne Liddle SA Absent
Jim Molan NSW Absent
Matt O'Sullivan WA Absent
James Paterson Victoria Absent
Marise Payne NSW Absent
Gerard Rennick Queensland Absent
Linda Reynolds WA Absent
Anne Ruston SA Absent
Dean Smith WA Absent
David Van Victoria Absent
National Party (50% turnout) 0 Yes 2 No
Ross Cadell NSW No
Perin Davey NSW No
Susan McDonald Queensland Absent
Bridget McKenzie Victoria Absent
Pauline Hanson's One Nation Party (0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Absent
Totals (59% turnout) 13 Yes – 32 No