根据维洲宪法，”当州议会的上议院 (Legislative Council) 出现空缺时，应举行特别会议并任命新议会成员替补空缺，而 此一成员需和之前该席次议员属于同一党派。
目前议会空缺来自一位国家党的议员，该议员于前联邦选举时辞职参加联邦大选。 国家党已依法提名该席次的替代人选，然则维州工党拒绝举行特别会议 (special sitting) 来任命新的议会成员。
State government illegally defies constitution
The State government is illegally refusing to obey the Victorian constitution and allow a new MP to be appointed to the Victorian Parliament to fill a vacancy.
The Victorian constitution says that where there is a vacancy in the Legislative Council (sometimes called the “Upper House” of the Victorian Parliament), a special sitting of Parliament must be held to appoint another MP to fill the vacancy. That MP must come from the same party as the previous MP.
There is currently a vacancy because a Nationals MP resigned in order to contest the recent Commonwealth election. The Nationals have nominated a person to become the replacement MP, but the Victorian Labor Party won’t agree to the special sitting of Parliament to appoint him.
This has never happened in Victoria before. The law requires the replacement person to be appointed, but the government is refusing to obey the law.
When the government breaks the law, it encourages citizens to think they also can break the law and not be punished. With soaring crime in Victoria, the government needs to set a good example and obey the law.