Senate President’s Statement On Culleton Disqualification

The President of the Senate, Senator Stephen Parry, has made a statement about the disqualification of former Senator Rodney Culleton.

Parry outlined the process that resulted in Culleton’s disqualification as a result of bankruptcy proceedings that placed him in breach of Section 44 of the Constitution.

He also noted the decision of the High Court that Culleton had also not been eligible to nominate for election because of his breach of another part of Section 44.

A countback of votes will determine who replaces Culleton in the Senate.

Hansard transcript of statement by Senator Stephen Parry, President of the Senate.

The PRESIDENT (12:32): I wish to inform you that on the 7 November 2016 the Senate referred to the Court of Disputed Returns questions about the eligibility of Rodney Norman Culleton to sit as a senator. The court delivered its judgment in the matter on Friday, 3 February 2017. Today, I have tabled a copy of the order made by the Court and a copy of its reasons for judgment. To quote the judgment summary published by the Court: [Read more…]


Culleton Ineligible To Nominate For Senate, High Court Rules; Recount Likely To Elect Peter Georgiou

The High Court has ruled that Rodney Culleton was ineligible to be nominated for last year’s Senate election.

Culleton’s position as a senator is now vacant and the High Court has ruled that a recount of votes should take place. This is most likely to result in the election of Peter Georgiou, Culleton’s brother-in-law and the number two candidate on the Western Australian One Nation ticket last year.

The decision by Justices Kiefel, Bell, Gageler, Keane and Nettle was unanimous. Justice Nettle offered reasons which varied in some respects with his colleagues (see decision below).

Sitting as the Court of Disputed Returns, the court held that at the time of the election Culleton was convicted and subject to be sentenced for an offence punishable by imprisonment for one year or longer. Under Section 44(ii) of the Constitution, this renders Culleton ineligible to be chosen as a senator.

The court rejected arguments that the subsequent annulment of the conviction made him eligible to stand. The decision says: “It is evident from the terms of s 44(ii) that the framers of the Constitution were concerned to ensure that not only should a person who has already been sentenced to a term of imprisonment of one year or longer be disqualified from being chosen or from sitting as a Senator; so too should a person who is able to be so sentenced. The circumstance sought to be guarded against was that such a person might not be able to sit and should for that reason not be able to be chosen.” [Read more…]


Senator Rodney Culleton Disqualified; Senate President Declares Vacancy In WA; High Court To Decide How To Fill It

Senator Rodney Culleton has been disqualified and has lost his position in the upper house because of the bankruptcy judgement delivered against him before Christmas.

CulletonThe Senate President, Stephen Parry, announced tonight that he had notified the Western Australian Governor that a vacancy exists in the state’s Senate representation.

Parry said the High Court would decide if the vacancy was a casual vacancy or whether Culleton was ineligible to be chosen at last year’s double dissolution election. In coming weeks, the High Court will rule on an application to declare Culleton ineligible on the basis of a conviction in NSW.

A vacancy caused by Culleton’s ineligibility under Section 44 would probably mean that a countback of the 2016 Senate votes would take place. This would result in Culleton’s brother-in-law taking the seat.

A casual vacancy under Section 15 of the Constitution would enable the Western Australian branch of One Nation to nominate a replacement. It is not clear whether Culleton’s supporters control the WA branch. The party’s federal leader, Senator Pauline Hanson, will clearly prefer to nominate someone other than a Culleton supporter.

Culleton released a letter he sent to Senator Parry, arguing that Parry acted precipitately before the bankruptcy proceedings had been completed.

Statement by President of the Senate, Stephen Parry.

Parry

Letter from Rodney Culleton to Senate President Stephen Parry.

Culleton


The New Senate: The Defeated, The Retired, The New And The Returning

There will be 14 new faces in the new Senate when it meets for the first time on August 30.

This represents 18.42% of the Senate’s 76 members. Each state has 12 senators, whilst the territories have 2 each, who serve terms concurrent with the House of Representatives. The double dissolution meant that all 76 positions were up for election on July 2.

The fourteen new senators include two (Louise Pratt and Don Farrell) who were Labor senators defeated in 2013.

Ten of the fourteen departed senators were defeated in the election, whilst four retired. [Read more…]


How Well Did Pauline Hanson’s One Nation Do In The 2016 Federal Election?

The tables on this page show the level of electoral support for Pauline Hanson’s One Nation at the 2016 federal election.

Hanson

One Nation ran 15 candidates in the House of Representatives, 12 in Queensland and 3 in NSW. It ran a Senate ticket in each State but not in the territories. [Read more…]


Western Australian Senate Results Finalised; One Nation Wins Second Seat

The Western Australian Senate election results have been finalised and announced by the Australian Electoral Commission.

The Liberals have won 5 seats, a loss of one. The former Defence Minister, David Johnston, who was dumped by Prime Minister Tony Abbott in December, 2014, has lost his seat.

The ALP has won 4 seats, re-electing its 3 sitting senators and returning Louise Pratt, who lost her seat in 2013.

Both Greens senators, Scott Ludlam and Rachel Siewert, have been re-elected. With the return of two Greens senators in Tasmania, the party may now be able to hold 9 of its 10 seats, with the second seat in Victoria remaining in doubt.

Pauline Hanson’s One Nation has secured one seat. Rodney Culleton joins Pauline Hanson in winning the party’s second seat. A third seat is possible in NSW. Culleton is facing theft charges in the Perth Magistrates’ Court later this month. If convicted, he could be disqualified from taking up his seat. [Read more…]