The section 44 juggernaut just keeps rolling. The next substantive question likely to come before the court, as a consequence of Jacqui Lambie’s disqualification on dual citizenship grounds, is whether her likely replacement, Devonport mayor, Steve Martin, is himself disqualified, for holding an “office of profit under the Crown”, with respect to his office in local government. Martin maintains that he is on solid ground, citing advice given by the then Clerk of the Senate ahead of the 2016 election.
Indeed, history suggests he has a strong case. Continue reading “Section 44: Is elected local government office an “office of profit under the Crown”?”
A question barely considered in the ongoing section 44 crisis is what would be the outcome of the filling of places for which Senators were disqualified where they held a six year term, rather than a three year term, following last year’s Double Dissolution election. Would any of the new Senators, elected after a special recount, be entitled to a seat that would not see them go to re-election until 2021-22?
It seems this question has not even considered by the WA Greens, who put their newest Senator, Jordon Steele-John, through a fresh pre-selection at the weekend, even though the highly likely outcome of the High Court’s ruling on him replacing Scott Ludlam is that he now doesn’t have to face voters for up to five years. Continue reading “How the WA Greens conducted a pre-selection for the wrong Senator”
Observers of the Senate debate on the marriage equality were left puzzled and bemused in equal measure yesterday when Pauline Hanson One Nation Senator for NSW, Brian Burston, made a comparison between water and ethanol to argue against marriage equality.
Burston, now the second most senior PHON Senator after the departure of Malcolm Roberts, has a relatively low profile, but his party biography touts his background in trades and higher education, culminating in a four year stint at Newcastle University.
Having gone over Burston’s speech – with, if not a fine-tooth comb, then a hair brush with big bristles – I’d say he’d find himself in some difficulty if his contribution was measured against any academic integrity policy.
Just about every segment of his speech – including the notorious water/ethanol comparison – was lifted word for word or cribbed without attribution from a handful of sources. Continue reading “Cut and Paste: One Nation Senator’s “Ethanol” Speech on Marriage Equality Bill”
As part of the electoral disclosure regime in NSW, registered political parties are required to disclose funds raised from membership fees and subscriptions.
The following sets out the membership numbers for the years 2014-17 reported to the NSW Electoral Commission by each party represented in the NSW Parliament since 2015. Continue reading “Membership of Political Parties in NSW: 2014 – 2017”
Could the Commonwealth HELP loan scheme, that assists the vast majority of students to undertake tertiary or further education, give rise to yet another ground for disqualification under section 44 of the Constitution, which has seen 10 MPs and Senators depart the Parliament since the 2016 election, another candidate miss out on taking up a Senate seat, and a growing cloud over many more?
If it does, this might adversely affect the position of the newly elected Greens Senator for Western Australia, Jordon Steele-John, who, before taking up his seat this week, was undertaking a degree in politics by distance education at Macquarie University?
If this were found to be an issue, it would also affect the future nomination and election of students and recent graduates with student loans owing to the Commonwealth. While few students are in the box seat for winning an election, some run as minor party candidates, for the experience or to “fly” a party’s “banner” in seats where their prospects are slim. Continue reading “Section 44: Would a student loan from the Commonwealth prove grounds for disqualification?”
The cloud hanging over Parliament from the spate of section 44 cases is further complicated by a scenario thrown up by the likely referral of NSW Senator Fiona Nash to the Court of Disputed Return over her possible status as a dual citizen.
Furthermore, at the directions hearing today for the first citizenship five matters referred to the High Court, Chief Justice Susan Kiefel asked the parties to consider what remedies might be appropriate with the passage of time since the last election, given that “we are not in a circumstance where we are close to an election having been held.”
This suggests argument over whether the effluxion of time might require a different solution (such as a re-run of the entire Senate election for an affected State) to the previously used method of recounting the Senate ballots as if the disqualified candidate were not present. Continue reading “Section 44: The Cloud Gets Thicker, With An “Office of Profit” Now In The Mix”
The documents behind the Buzzfeed story on how Senator Malcolm Roberts, indicating he was a British subject in his 1974 application for Australian citizenship, suggests a “just in time” application regarding his citizenship status. Roberts, and his father, were among the last to be recognised by a streamlined process intended to provide long standing British subjects with fast, simple recognition of citizenship. Continue reading “Just in Time? Malcolm Roberts’ 1974 Application for Citizenship by Notification”
[Updated on 6 April 2017, to address the High Court findings in Re Day [No. 2] (2017) as well as other changes in circumstances since the original post].
With the High Court finding that Rod Culleton and Bob Day were each ineligible to contest the 2016 Senate Election, and thus ineligible to be elected and sit in the Senate during the 45th Parliament, and with Day disqualified from sitting as a Senator for several months in the previous Parliament, a number of questions arise as to the consequences of this decisions for their votes while sitting in the Senate, and the recovery of any payments made to them. Continue reading “Consequences of Disqualification as a Senator on Votes and Payments”
The controversial No Land Tax Coalition party committed over a million dollars and out spent Fred Nile’s Christian Democratic Party and the Shooters and Fishers Party by hundreds of thousands of dollars in its ill-fated effort to win a seat in the NSW Legislative Council at the March 2015 election.
Despite declared party and candidate election expenses of $1.063 million, including nearly $645,000 allocated for election day workers, and drawing the coveted first box on the ballot paper, No Land Tax narrowly lost to the Animal Justice Party in the contest for the last remaining seat in the Upper House. The Animal Justice Party spent $4865 on its election campaign. Continue reading “The Million Dollar Campaign That Failed to Land A Seat”
Updated to incorporate figures for Country Labor, and account for multi-year memberships in the Labor Party entities. Some minor errors of transcription since first publication have been corrected without notation, but thank you to commenters. If you have comments or queries, either leave them here or tweet me at @smurray38
While there has been much talk about the decline in party membership over the years, there has never been a sure way of ascertaining the state of play, given the reluctance of political parties to share the numerical health of their parties.
However as part of the funding disclosure requirements for the NSW Electoral Commission, NSW political parties are now required to disclose how much money is raised through membership and affiliation fees. Continue reading “Political Party Membership in NSW – Figures for 2014-15”