2018 Batman By-election
Labor
A by-election for the Australian House of Representatives seat of Batman took place on 17 March 2018. The by-election was called as a result of the resignation on 1 February 2018 of the incumbent backbench Australian Labor Party MP, David Feeney, who resigned amid the 2017–18 Australian parliamentary eligibility crisis.
At the 2016 Australian federal election, the Australian Greens had come within 1% of winning the two-candidate preferred vote (TCP). The campaign was therefore primarily a contest between the Labor candidate, former Australian Council of Trade Unions president Ged Kearney, and the Greens candidate, social worker Alex Bhathal, who had run for the seat five times previously. The Liberal Party of Australia declined to run a candidate. The campaign focused heavily on the proposed Adani Carmichael coal mine amongst environmental issues, as well as refugee policy and Labor's proposed reforms to dividend imputation.
Kearney won the seat with a 3.35% swing toward Labor (TCP), for a total of 54.38% of the after-preferences vote. The electorate of Batman was abolished in 2019 and replaced with the Division of Cooper, which Kearney won at the 2019 and 2022 Australian federal elections.
Background
On 6 December 2017, amidst the ongoing citizenship crisis engulfing several MPs, Labor MP David Feeney revealed that he was unable to produce documentation confirming he had renounced citizenship of the United Kingdom. Consequently, Feeney voluntarily referred himself to the High Court of Australia, considering his likely breach of Section 44 of the Constitution of Australia. By 19 January 2018, Feeney remained unable to produce any documents from British or Irish authorities that he had undertaken to renounce his citizenship and entitlements. The High Court granted Feeney's legal team an extension to 1 February to allow them to continue searching for the relevant documents. At a press conference on 1 February 2018, Feeney announced he would resign from the seat and from politics effective immediately, choosing not to stand as a candidate at the by-election. The date for the by-election was set at 17 March 2018, the same day as the South Australian state election.
Batman had been a solidly Labor seat for the majority of its history. Since its creation in 1906, non-Labor members had only represented the electorate between 1906 and 1910, 1931–1934, and 1966–1969. The Greens, however, made significant gains in vote share in the decades prior to 2017, including receiving a 9.6% swing towards them in the 2016 federal election, placing them first in the primary vote. However, Greens candidate Alex Bhathal was defeated by Feeney on the two-candidate-preferred vote 51%-49% after preference distribution. It was the sixth time Bhathal had contested the seat, having previously run in 2001, 2004, 2010, 2013 and 2016. The growth of the Greens vote over time has been attributed to house price rises and demographic change. The Greens vote had been noted as being particularly strong south of Bell Street, Reservoir, which formed the so-called "hipster-proof fence" or "quinoa curtain".
The Australian Electoral Commission confirmed that 111,857 people were enrolled to vote in the by-election. The Liberal Party declined to field a candidate; Liberal President Michael Kroger publicly stated that the party should have run a candidate if they found evidence of antisemitism in the Greens.
Campaign
The environment, and specifically the proposed Adani Carmichael coal mine, were focused on heavily by the Greens in the campaign. Labor leader Bill Shorten and Kearney both expressed their doubts about the project but did not rule it out completely. On the day of the by-election, an environmental protester dressed as a fish accosted Kearney and Shorten at a polling booth. The Australian Conservation Foundation distributed material stating only the Greens would "stop Adani's mine from going ahead", and Activist group GetUp! stated they would not assist Labor in campaigning due to Labor's position on the coal mine. Other issues that featured in the campaigning were Labor's proposed reforms to dividend imputation (franking credits), with Kearney and Shorten holding a town hall discussing the policy. The Greens also campaigned heavily on asylum seeker and refugee policy, which they perceived as a weakness for Labor.
Divisions within the Greens' campaign assisted Kearney. During the by-election campaign, an internal complaint of bullying by Bhathal was leaked to the media, and members of the Greens' Darebin branch requested her expulsion from the party following Bhathal's support for Lidia Thorpe in the 2017 Northcote state by-election. Four Greens councillors were involved in campaigning to have Bhathal removed as the candidate. The ABC reported comments from Greens members stating they would prefer Bhathal lost, despite being in the same party.
Kearney's campaign received the personal endorsement of former Prime Minister Julia Gillard, who wrote a letter that was distributed to 36,000 houses within the electorate. Kearney's candidacy was also endorsed by EMILY's List Australia, a Labor-aligned organisation that advocates for representation of women in parliament.
On 6 March, a candidates' forum was held to discuss climate change policy. Five of the candidates were invited (Kearney, Bhathal, Whitehead, Smith and McDonald), and invitations were not extended to the remaining candidates. In protest at not being invited, Lieshout picketed the event with her mouth taped shut. On 14 March, Kearney's campaign issued an apology for printing campaign material in Greek under the heading "Macedonian". On polling day, reports were made of seniors receiving phone calls instructing them not to vote. In response, Labor campaigners rang seniors in the electorate to urge them to vote.
Key dates
Key dates in relation to the by-election were:
- Thursday, 1 February 2018 – Speaker acceptance of resignation
- Wednesday, 7 February 2018 – Issue of writ
- Wednesday, 14 February 2018 – Close of electoral rolls (8pm)
- Thursday, 22 February 2018 – Close of nominations (12 noon)
- Friday, 23 February 2018 – Declaration of nominations (12 noon)
- Tuesday, 27 February 2018 – Start of early voting
- Saturday, 17 March 2018 – Polling day (8am to 6pm)
- Friday, 30 March 2018 – Last day for receipt of postal votes
- Friday, 18 May 2018 – Last day for return of writs
Candidates
Party | Candidate | Background | |
---|---|---|---|
Rise Up | Yvonne Gentle | National Secretary of Rise Up Australia and the party's federal candidate for Dunkley in 2013 and Flinders in 2016. | |
Labor | Ged Kearney | On 2 February 2018, Labor leader Bill Shorten formally announced that Ged Kearney, president of the Australian Council of Trade Unions (ACTU), was Labor's candidate at the by-election. Kearney had previously been pre-selected for the state seat of Brunswick at the 2018 state election, but resigned from the candidacy to contest Batman. | |
Greens | Alex Bhathal | Greens leader Richard Di Natale confirmed to Guardian Australia on 2 February 2018 that Alex Bhathal would run for the seat as the Greens' candidate. A former social worker who has sat on the Darebin Ethnic Communities Council, Bhathal was the Greens' candidate for the seat 5 times previously. | |
Conservatives | Kevin Bailey | On 20 February 2018, Australian Conservatives director Lyle Shelton announced that Kevin Bailey, a businessman and former SAS soldier, would be the party's candidate at the by-election. | |
People's | Tegan Burns | Burns was described by the party as "highly passionate about youth and the criminal justice system". | |
Liberty Alliance | Debbie Robinson | The president of the Australian Liberty Alliance and the party's lead candidate for the Senate in Western Australia in 2016. | |
Independent | Teresa van Lieshout | Perennial candidate for eight state and federal elections (most recently the Canning by-election in 2015), a self-published author on social, theological, and political issues, and the founder of the unregistered Voter Rights Party. | |
Adrian Whitehead | An environmentalist and the founder of the unregistered Save the Planet Party. He previously contested Corangamite at the 2013 federal election. | ||
Sustainable Australia | Mark McDonald | An IT engineer living in Preston. | |
Animal Justice | Miranda Smith | Smith previously contested the seat of Melbourne at the 2016 federal election. |
Results
Party | Candidate | Votes | % | ±% | |
---|---|---|---|---|---|
Labor | Ged Kearney | 36,840 | 43.14 | +7.87 | |
Greens | Alex Bhathal | 33,725 | 39.49 | +3.26 | |
Conservatives | Kevin Bailey | 5,471 | 6.41 | +6.41 | |
Animal Justice | Miranda Smith | 2,528 | 2.96 | +1.29 | |
Rise Up Australia | Yvonne Gentle | 2,217 | 2.60 | +2.60 | |
Independent | Teresa van Lieshout | 1,245 | 1.46 | +1.46 | |
Liberty Alliance | Debbie Robinson | 1,186 | 1.39 | +1.39 | |
Sustainable Australia | Mark McDonald | 951 | 1.11 | +1.11 | |
Adrian Whitehead | 745 | 0.87 | +0.87 | ||
People's Party | Tegan Burns | 496 | 0.58 | +0.58 | |
Total formal votes | 85,404 | 93.79 | +1.57 | ||
Informal votes | 5,650 | 6.21 | −1.57 | ||
Turnout | 91,054 | 81.40 | −8.28 | ||
Two-candidate-preferred result | |||||
Labor | Ged Kearney | 46,446 | 54.38 | +3.35 | |
Greens | Alex Bhathal | 38,958 | 45.62 | −3.35 | |
Labor hold | Swing | +3.35 |
Polling
Date | Firm | Sample | Primary vote | TPP vote | |||||
---|---|---|---|---|---|---|---|---|---|
ALP | GRN | OTH | ALP | GRN | |||||
2018 by-election | 43.1% | 39.5% | 17.4% | 54.4% | 45.6% | ||||
18–20 Feb 2018 | Lonergan Research | 693 | 40% | 39% | 16% | 53% | 47% | ||
2016 election | 35.3% | 36.2% | 28.5% | 51.0% | 49.0% |
Aftermath
Kearney's election made her the first woman to represent Batman in the seat's 112-year history and made federal Labor's caucus 48% female. Opposition leader Bill Shorten described Kearney as the "Hero of Batman" for her victory. Following the 2018 by-election, the Australian Electoral Commission abolished Batman and created the Division of Cooper, which had similar boundaries. Kearney went on to contest Cooper at the 2019 Australian federal election and the 2022 Australian federal election, winning both times. Kearney's margin increased in 2019 to 64.65–35.35 (TCP) against the Greens' David Risstrom and was reduced in 2022 to 58.67–41.33 (TCP) against the Greens' Celeste Liddle. Labor formed government at the 2022 federal election, and Prime Minister Anthony Albanese appointed Kearney as Assistant Minister for Health and Aged Care in the Albanese government. Liddle's partner Tara Burnett has been preselected as the Greens candidate for the 2025 Australian federal election.
Both Bhathal and Greens leader Richard Di Natale stated on election night that Labor's use of "big money" had significantly contributed to Kearney's victory. Di Natale also stated that Labor's win was also helped by preference arrangements with conservative parties. The day after the by-election, Di Natale stated that the campaign had been damaged by internal leaking and that traditional Greens voters had been "turned off by the leaking and sabotage from a few individuals with a destructive agenda". Divisions within the Greens that had hampered their campaign in the by-election persisted following defeat. At the 2018 Victorian state election, the electoral district of Northcote was unexpectedly won by Labor's Kat Theophanous from the Greens' Lidia Thorpe. Internal analysis of the campaign noted that some Greens members refused to campaign for Thorpe due to infighting stemming from the Batman by-election. At the 2022 Victorian state election, Theophanous retained Northcote for Labor with a 1.5% swing to the Greens.
Bhathal had stated during the by-election campaign that if she lost she would contest the seat at the next federal election, but she announced in August 2018 that she was withdrawing from being the candidate due to "sabotage" of her by-election campaign. In the same month, an internal Greens review dismissed the bullying allegations leaked about Bhathal during the campaign, and apologised to her. In February 2019, Bhathal resigned from the Greens citing "relentless organisational bullying". A documentary was made about Bhathal's campaign, entitled The Candidate. The screening of the film in July 2019 was sabotaged, with the fire alarm being set off as soon as the film started. In 2024, Bhathal became a candidate for the West Ward at the Darebin City Council election, which was held on 26 October 2024. She ran against Darebin Mayor Sussane Newton, one of the four Greens councillors who tried to remove Bhathal as the candidate for Batman in 2018. Neither Bhathal or Newton were elected at this election.
The Liberal party signalled a lack of interest in the results, with Prime Minister Malcolm Turnbull and Treasurer Scott Morrison dismissing any implications for Labor's broader electoral success.
An episode of Tonightly with Tom Ballard that aired during the campaign caused controversy by referring to the electorate's namesake John Batman and Australian Conservatives candidate Kevin Bailey as cunts. Communications minister Mitch Fifield and Education minister Simon Birmingham both called for someone to be sacked from the ABC over the remarks. In August, the ABC found the remarks did not breach standards.
See also
- 1911 Batman by-election
- 1962 Batman by-election
- 2017 Northcote state by-election
- Electoral results for the Division of Batman
- List of Australian federal by-elections
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