ALP could be without leader 'for weeks' if it becomes opposition

UNDER new Labor Party leadership rules, it could take the ALP weeks to elect a new leader in opposition.

UNDER the new Labor Party leadership rules rushed in by Kevin Rudd when he came back as prime minister, it could take the ALP weeks to elect a new leader in opposition.

With Tony Abbott threatening to recall parliament as "soon as possible", there is a growing view within the ALP that if Labor loses, it would be "best" if the Prime Minister lost his seat of Griffith and exited politics with Julia Gillard.

Labor MPs, still expecting to lose government despite signs of a late swing back, are becoming increasingly angry and confused over the leadership rules Mr Rudd introduced in July.

If Labor loses the election, it will be up to Mr Rudd, if he holds his seat, to decide when to call a meeting of the party's MPs where he will declare his position vacant.

Under the new rules, nominations for leader are open for seven days and then an interim leader will take over running the party in opposition.

The interim leader will then have to handle the challenges of a new Coalition government and any crises -- such as the prospect of intervention in the Syrian situation -- while a ballot of the party's rank and file as well as Labor MPs is conducted, which could take up to four weeks.

If Deputy Prime Minister Anthony Albanese decides to nominate, he will not be able to become the interim leader, which is causing further confusion about who would be best to lead the party while the ballot takes place.

Under the rules agreed to on July 22 at Sydney's Balmain Town Hall, the deputy leader or highest ranked House of Representatives MP will serve as the interim leader.

With a raft of potential candidates for opposition leader -- including Chris Bowen, Education Minister Bill Shorten, Immigration Minister Tony Burke and Health Minister Tanya Plibersek -- it is unclear who will take over the interim role, or even if Mr Rudd could step in should he decide not to contest the leadership.

One former Gillard loyalist condemned the rule changes, saying it was ridiculous to go without a leader for weeks at a time.

The source said the new rules could simply be overruled by a future caucus.

Under an amendment to Mr Rudd's reform proposal, the caucus threshold required to bring on a leadership spill was watered down from 75 per cent to 60 per cent for Labor opposition leaders, but this threshold is still likely to ensure that any new leader is given a ticket for a three-year term as opposition leader without having to face a challenge.