Section 44: Would a student loan from the Commonwealth prove grounds for disqualification?

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?”

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Can Hollie Hughes Get Past the High Court’s “Brutal Literalism”?

“[the vacancy caused by Robert Wood’s disqualification] can be filled by completing the election after a recount of the ballot papers” (Re Wood, 1988)

“… s 44(i) applies until the completion of the electoral process” (Re Canavan & Ors, 2017)

With those words delivered separately across nearly thirty years, the High Court has possibly put paid to Hollie Hughes’ hopes of becoming a Senator for NSW. Continue reading “Can Hollie Hughes Get Past the High Court’s “Brutal Literalism”?”

Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background

At the heart of the High Court challenge to Bob Day’s qualification to contest the Double Dissolution election of 2016 lies the case of Senator James Webster in 1975. Contentious at the time in the midst of wider political controversy, and thought potentially capable of opening up to scrutiny all manner of contractual arrangements, including residential leases, held between MPs and the Commonwealth, the relevant clause was narrowly interpreted by a single judge of the High Court and benefit of the legal doubt given to the Senator.

Since then, it has been the subject of criticism, and may well be overturned in the course of current proceedings. In its submissions in the current case, the Commonwealth has argued that, while Bob Day would fall foul even if the case were applied, Re Webster was too narrowly decided. Herewith the background to the original case, and its aftermath. Continue reading “Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background”