Can You Help?

This website is in imminent danger of being shut down. It has been online since 1995, but the personal circumstances of the owner, Malcolm Farnsworth, are such that economies have to be made. Server costs and suchlike have become prohibitive. At the urging of people online, I have agreed to see if Patreon provides a solution. More information is available at the Patreon website. If you are able to contribute even $1.00/month to keep the site running, please click the Patreon button below.


Become a Patron!


Preferential Voting In Federal Elections Is One Hundred Years Old Today

To unlock this content, pledge $1 or more on Patreon

Speaker Sets July 28 As Date For Five By-Elections; Opposition Outraged

The Speaker, Tony Smith, advised the House of Representatives this afternoon that he had set July 28 as the date for the five by-elections caused by recent resignations relating to dual citizenship.

Smith

Smith told the House that because of new regulations to refine the nomination process and because of imminent schools holidays, July 28 was the “optimal” date for the by-elections in Longman, Braddon, Mayo, Fremantle and Perth.

The ALP opposition accused the Speaker of inordinate delay and said the by-elections coincided with the ALP National Conference in Adelaide.

  • Listen to Speaker’s statement to the House (21m)
  • Watch the House proceedings (21m)

Hansard transcript of House of Representatives proceedings relating to the calling of five by-elections on July 28.

The SPEAKER (15:12): If members could cease interjecting, could I please have the attention of the House on this important matter: I’d like to read a fairly lengthy statement, and then I’ll be tabling some documents. Earlier in the week, I advised the House I would provide an update on possible dates for by-elections in the seats of Braddon, Fremantle, Longman, Mayo and Perth. This update follows further consultation with the Australian Electoral Commissioner and party leaders. Under the Constitution, it is my responsibility alone to issue a writ for a by-election when a vacancy occurs, and generally it has not been the practice to provide an explanation for the exercise of this responsibility. I have varied from the usual practice because of the quite unusual—quite unique—circumstances surrounding these by-elections. [Read more…]


Barnaby Joyce May Have New Zealand Dual Citizenship; Deputy PM Refers Himself To High Court

The Deputy Prime Minister, Barnaby Joyce, has announced that he may have dual citizenship with New Zealand and therefore be in breach of Section 44(i) of the Constitution.

Joyce has agreed that the government will refer his case to the High Court. He will not resign from his NSW seat of New England and will remain in the Cabinet as Deputy Prime Minister and Minister for Agriculture and Water Resources.

The announcement was made in a brief statement by Joyce to the House of Representatives this morning. The Nationals leader entered the Senate in 2005 and transferred to the House of Representatives in 2013.

Joyce is the fifth MP to be ensnared by Section 44 in recent weeks. Greens senators Scott Ludlam and Larissa Waters have both resigned from the Senate, whilst Senators Matt Canavan (LNP) and Malcolm Roberts (One Nation) have been referred to the High Court. The Nationals member for Lyne, David Gillespie, faces a challenge on the office of profit provision of Section 44.

The Prime Minister, Malcolm Turnbull, has written to Opposition Leader Bill Shorten, asking him to nominate Labor members who should also be referred to the High Court.

  • Listen to Joyce (2m)
  • Watch Joyce (2m)

Letter from Prime Minister Malcolm Turnbull to Opposition Leader Bill Shorten.

Hansard transcript of statement to the House of Representatives by Barnaby Joyce. [Read more…]


Scott Ludlam Resigns From The Senate; Victim Of Section 44 Dual Citizenship Rule

Scott Ludlam, an Australian Greens senator from Western Australia, resigned today, after announcing he had dual citizenship with New Zealand and was therefore in breach of Section 44(i) of the Constitution.

Ludlam

Section 44(i) of the Constitution says that a person is “incapable of being chosen or of sitting as a senator” if they are “under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject of a citizen or entitled to the rights and privileges of a subject or citizen of a foreign power”.

In a statement, Ludlam said he was born in New Zealand. His family left when he was three years old and settled in Australia when he was nine. “I was naturalised when I was in my mid-teens and assumed that was the end of the New Zealand citizenship.”

Media reports today say that the citizenship question has been previously raised with Ludlam.

Ludlam, 47, was first elected to the Senate in 2007. He took up his seat on July 1, 2008. He was re-elected in 2013 and in the 2014 re-run election. He was re-elected to a six-year term in the 2016 double dissolution election. The Greens polled 10.53% in WA.

Ludlam has been Joint Deputy Leader of the Greens, with Larissa Waters, since May 2015.

It now appears that the Senate will refer the matter to the High Court. Twice this year, the court, sitting as the Court of Disputed Returns, has ordered countbacks following rulings that Rodney Culleton and Bob Day were not entitled to nominate at the election. Assuming this takes place again, the seat will go to the number three candidate on the Greens WA Senate ticket, 22-year-old disability advocate Jordon Steele-John.

Media reports today quote Steele-John as not committing himself to taking the seat. Were he to resign, a casual vacancy would be created and the Greens would nominate a replacement. It would be possible for Ludlam to be appointed in these circumstances, provided he rectifies the citizenship issue. However, Ludlam’s statement and press conference suggested he has chosen to move on to other things.

The practical political implication of today’s resignation by Ludlam is that the Greens will be without one of their number for some months in the Senate. This will not make a significant difference but until the vacancy is filled the Turnbull government will only need eight of the eleven crossbench votes to secure passage of legislation opposed by the ALP and Greens. It currently needs nine extra votes. A pairing arrangement to cover the absence could also be put in place.

Ludlam is the third senator to fall victim to Section 44 since the 2016 election, an unprecedented situation.

  • Watch Ludlam’s media conference in Perth (15m)
  • Listen to the media conference (15m)

Statement from Senator Scott Ludlam. Click to enlarge

Ludlam


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…]


Success And Failure: The ALP’s Results In Federal Elections Since 1910

The tables on this page show the extent of the ALP’s victories and defeats in federal elections since 1910.

Each table shows the ALP statistics for three different measures:

  • the proportion of seats won in the House of Representatives,
  • the national two-party-preferred vote,
  • and the primary vote.

The ALP’s winning election years are shaded yellow.

The table includes every election since Federation, except for the first three: 1901, 1903 and 1906. These have been excluded since they took place before the formation of the two-party system as we know it. Since 1910, elections have been fought between the ALP and the non-Labor parties under a variety of names. [Read more…]


Final Two-Party Figures: Coalition Won 2016 Election With 50.36%; Swing To Labor Of 3.13%

Final figures published by the Australian Electoral Commission show that the Coalition won the 2016 federal election with 50.36% of the two-party-preferred vote.

The Liberal-Nationals coalition polled 50.36% of the national two-party-preferred vote. The ALP received 49.64%. There was a 3.13% swing to the ALP nationally, a near reversal of the 3.61% swing to the Coalition in the 2013 election.

Every state and territory recorded a swing against the Coalition. The largest swing was 7.41% in the Northern Territory. The smallest was 1.22% in the Australian Capital Territory. [Read more…]