Victorian MPs must re-swear allegiance before parliament resumes

MPs in one Australian state will have to be sworn in to parliament again after the Queen’s death due to a small quirk in their oath.

Victorian parliament will be unable to resume until each MP has sworn allegiance to the new monarch, King Charles III.

The state is the only one in Australia to require the process following a predecessor’s death before parliamentary proceedings can continue.

Constitutional law expert Professor Greg Taylor told NCA NewsWire the changeover will need to take place before members can resume the full scope of their duties.

Queen Elizabeth II meeting wellwishers in Federation Square, Melbourne, in 2011.

“I don’t know if there’s a word for (an MPs’ role before swearing new allegiance), but until they take the oath of allegiance, they can’t carry out as such,” he said.

“At the start of the next sitting of parliament … there will be a mass swearing in without too much hassle.”

The process would take between two and four hours.

Victorian parliament was expected to resume on Tuesday for the final sitting week of the year; however, the monarch’s death may impact this timeline.

Federal parliament has been suspended for the next 15 days.

Victoria’s unique parliamentary position is due to section 23 in the state’s constitution.

The passage declares what needs to be undertaken before MPs can resume normal duties after a monarch’s death.

“Whenever the demise of the Crown is notified by the Governor to the Council and the Assembly, the members of the Council and the Assembly shall before they are permitted to sit or vote therein respectively take and subscribe the like oath or affirmation to the successor for the time being to the Crown,” the section reads.

Federal MPs will not have to be sworn in again and their allegiance is to the Queen’s heirs and successors.

Before the Queen’s death, members in Canberra had a slightly longer pledge than their Victorian counterparts.

“I, (name), do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law,” MPs said.

The final part of the allegiance is omitted from what Victorian MPs are required to say.

The case is the same in the ACT Legislative Assembly and in NSW, the Constitution Act specifies members don’t have to re-swear after a monarch dies.

Queen Elizabeth visits the Commonwealth Games Athletes' Village in Melbourne.

Professor Taylor said Victoria’s situation showed the state’s close connection to the head of state.

“It does emphasise Victoria as a state with direct links to the crown,” he said.

Queen Elizabeth died at her home in Balmoral, Scotland, in the early hours of Friday AEST.

She was 96.

Her son, now King Charles III, immediately became monarch upon her death.