Background
Legal requirements
The Australian Constitution does not require candidates for the Commonwealth Parliament to holdEarlier challenges and High Court interpretation
Section 44(i) has generally been interpreted by the High Court of Australia as meaning that persons withEarlier application of section 44 in the 45th Parliament
The prelude to the crisis began when Bob Day of the Family First Party resigned from the Senate on 1 November 2016 following the collapse of his business. Shortly after Day's resignation, the Senate referred to the High Court the validity of Day's election in July 2016 for a possible breach of section 44(v) of the Constitution. It provides thata person who "has any direct or indirectpecuniary {{Short pages monitor On 13 November, Alexander resigned and the by-election was called for 16 December, the earliest date possible. Alexander immediately filed papers with the UK Home Office to renounce British citizenship and on 17 November claimed that the application had been approved, making him eligible to stand in the by-election. John Alexander won the by-election.
Jacqui Lambie
On 8 November 2017, it was reported that independent SenatorJacqui Lambie Jacquiline Louise Lambie (born 26 February 1971) is an Australian politician who is the leader and founder of the Jacqui Lambie Network (JLN). She is a Senator for Tasmania since 2019, and was previously a Senator from 2014 to 2017. Lambie, an ...may have British citizenship by descent from her father, who migrated from Scotland to Australia as an infant. Lambie had initially said she had "no concerns" about the possibility of her being a dual citizen, with a spokeswoman stating that Lambie would provide any relevant supporting documents when required to by Parliament. However, she sought advice from British authorities. On 14 November 2017, Lambie announced her resignation from the Senate after confirming she held British citizenship, and the Senate referred her case to the High Court as the Court of Disputed Returns on the same day. A directions hearing on 8 December determined that Lambie was disqualified from standing at the 2016 election and that the Senate vacancy should be filled by a special count of the 2016 votes. The countback took place on 12 December 2017. The Electoral Office indicated that Steven Martin would be elected on a countback, and Martin was sworn in on 12 February 2018. However, Martin was theMayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well ...and Councillor of Devonport City Council, and the question of whether this disqualifies him from serving as a senator by reason of s 44(iv) of the Constitution (holding anoffice of profit An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. It is a term used in ...underthe Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...) was referred to the Full Court on 13 December 2017. On 6 February 2018 the Full Court determined that Martin was not ineligible; it published its reasons on 14 March 2018.
Skye Kakoschke-Moore
Nick Xenophon Team Centre Alliance, formerly known as the Nick Xenophon Team (NXT), is a centrist political party in Australia based in the state of South Australia. It currently has one representative in the Parliament, Rebekha Sharkie in the House of Represe ...(NXT) Senator Skye Kakoschke-Moore resigned from the Senate on 22 November 2017, after discovering that she was aBritish citizen British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...by descent from her mother, who was born in Singapore while it was a British colony and had registered for right of abode in the UK. Kakoschke-Moore had been a British citizen since birth in 1985, but stated that when she was 12, the British embassy inOman Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ عُمان ), is an Arabian country located in southwestern Asia. It is situated on the southeastern coast of the Arabian Peninsula, and spans the mouth of ...had told her father she was not eligible for a British passport. Kakoschke-Moore's renunciation of her British citizenship became effective on 6 December 2017. The Senate referred Kakoschke-Moore's case to the High Court as the Court of Disputed Returns on 29 November 2017. Kakoschke-Moore sought to be reinstated in the seat on the basis that she had by then effectively renounced British citizenship, but the Court held that "the fact that Skye Kakoschke-Moore renounced her British citizenship with effect from 6 December 2017 does not render her capable of now being chosen to fill that vacancy", and that the vacancy should be filled by a special count of the votes. Kakoschke-Moore and Timothy Storer had both been nominated for the 2016 election for the Senate for South Australia as nominees of NXT. However, since the election Storer had ceased to be a member of NXT by 6 November 2017, and the question of whether Storer should be excluded from the special count for that reason was referred to the Full Court, which on 13 February 2018 ruled that Storer was not to be excluded from the countback, and who assumed the seat on 16 February 2018. The Court published its reasons on 21 March 2018.
David Feeney
Labor MP for BatmanDavid Feeney David Ian Feeney (born 5 March 1970) is a former Australian politician. He was the Labor member for the division of Batman in the House of Representatives from 7 September 2013 to 1 February 2018. Before that, he was a member of the Australian ...stated in the citizenship register that his father was born in Northern Ireland, and that he was advised by the party to ensure he renounced British (and potentially Irish) citizenship before nominating. Feeney said he did so in late 2007, but conceded he was unable to produce documentation confirming the renunciation had been registered. The House of Representatives referred Feeney's case to the High Court as the Court of Disputed Returns. During a directions hearing on 19 January 2018, Feeney was unable to submit evidence of his renunciation of citizenship, delaying court proceedings. His legal representative submitted that Feeney's renunciation was lodged, but was not registered by British authorities " r some reason". On 1 February 2018, before any further court proceedings, Feeney announced his resignation from the House of Representatives, and confirmed that he had been unable to find documentation proving his renunciation of British citizenship. On 23 February 2018, the Court held that Fenney had been ineligible to be elected by virtue of s.44(i) and that the vacancy is to be filled by a by-election. A by-election had already been called for 17 March 2018. Feeney did not re-contest the seat in the by-election, which was contested by Ged Kearney for the Labor party. Labor only narrowly won the suburban Melbourne electorate of Batman with Feeney in 2016, facing strong competition and losing the first-preference vote to the Greens' Alex Bhathal. The Greens announced on the same day as Feeney's resignation that Bhathal would run again in the Batman by-election. Kearney won the 2018 by-election with a 3.6% swing towards Labor, in the absence of a Liberal candidate.
Katy Gallagher
Labor SenatorKaty Gallagher Katherine Ruth Gallagher (born 18 March 1970) is an Australian politician who has been serving as the Minister for Finance, Minister for Women, Minister for the Public Service and Vice-President of the Executive Council in the Albanese Gove ...'s mother was a British citizen born in Ecuador to British parents. Gallagher first entered Parliament on 25 March 2015, following a casual Senate vacancy for theAustralian Capital Territory The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. I .... She filed UK citizenship renunciation papers with the UK Home Office on 20 April 2016, in the lead-up to the federal election in 2016, which took place on 2 July. The UK Home Office accepted her payment as part of the application on 6 May; however, on 1 July, it requested original copies of her birth certificate and her parents’ marriage certificate as part of her renunciation, which Gallagher provided on 20 July. The renunciation of her British citizenship was effective on 16 August 2016, after the federal election. On 6 December 2017, at Gallagher's request the Senate referred her case to the High Court. The Senate referred Gallagher's case to the High Court as the Court of Disputed Returns. Her case was considered along with Feeney's during a directions hearing on 19 January 2018. The Attorney-General argued that Gallagher had not taken all reasonable steps to renounce her citizenship. On 9 May 2018, the Court unanimously found Gallagher to have been ineligible. Her disqualification triggered resignations of four other MPs in similar situations, who also attempted to renounce their British citizenships before the election, but were still effectively British citizens at the date of nominations. She was replaced by union official David Smith on 23 May 2018. Gallagher's declaration that she did not hold foreign citizenship when the Australian Capital Territory Legislative Assembly nominated her to a casual vacancy in the Senate in 2015 prompted an Assembly inquiry into its Senate nomination processes, announced on 30 November 2017.
Justine Keay
Labor MPJustine Keay Justine Terri Keay (born 18 March 1975) is a former Australian politician. She was the Labor member for Braddon in the House of Representatives, serving from the 2016 federal election held on 2 July 2016 until her resignation on 10 May 2018 as ...was born in Australia withBritish citizenship British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the .... She had been preselected by the Labor Party in 2015, but completed the UK Home Office's citizenship renunciation form on 9 May 2016, the day when the Parliament was dissolved for the 2016 federal election. The form was received by the Home Office on 31 May. Nominations for the election closed on 9 June and the election took place on 2 July. She received the British government's declaration of the renunciation on 8 July and the renunciation was registered on 11 July. A legal opinion by David Bennett , a former Commonwealth Solicitor-General, commissioned by the Liberal Party, is that Keay, along with Susan Lamb andRebekha Sharkie Rebekha Carina Sharkie ( Che; born 24 August 1972) is an Australian politician and member of the Centre Alliance party. She is a member of the Australian House of Representatives, representing the Division of Mayo in South Australia. At the 20 ..., were ineligible under the High Court ruling because they were British citizens at nomination date. Keay claims that she had taken "all reasonable steps" for renunciation. After Gallagher was disqualified, Keay announced her resignation, triggering a by-election in Braddon.
Susan Lamb
Labor MP Susan Lamb, born in Australia, had received advice that she may be a British citizen by descent through her late father. On 23 May 2016, two weeks before close of nominations for the 2016 federal election, she filed a renunciation form with the UK Home Office. However, Lamb's renunciation form was refused by UK authorities as they were not satisfied that she was in fact a British citizen, and instead requested further documents as proof. Lamb claimed to have fulfilled all the requirements of section 44(i) as she believed she had taken all reasonable steps to renounce her citizenship – if it were the case that she was a British citizen – as she was unable to provide any further documents; she said she was estranged from her mother and that her father had passed away. After Gallagher was disqualified, Lamb announced her resignation, triggering a by-election in Longman.
Rebekha Sharkie
NXT NXT may refer to: Professional wrestling * ''WWE NXT'', a professional wrestling television program produced by WWE that began in 2010 ** NXT (WWE brand), WWE's Florida-based brand and former developmental territory * ''NXT UK'', the British spin- ...MPRebekha Sharkie Rebekha Carina Sharkie ( Che; born 24 August 1972) is an Australian politician and member of the Centre Alliance party. She is a member of the Australian House of Representatives, representing the Division of Mayo in South Australia. At the 20 ...stated in July 2017 that she had renounced her UK citizenship prior to the election. She began the process to renounce her British citizenship on 19 April 2016, before the close of nominations, but the renunciation had not been registered by UK Home Office until 29 June, 20 days after nominations closed, although prior to the election. Sharkie said that in November 2017 Turnbull had advised her that a reference to the High Court might be required in relation to her possible dual-citizenship status at the close of nominations. She argues that she has taken "all steps that were required by the UK to renounce any entitlement to UK citizenship, that were within my power to do so". It has also been suggested that she may be a citizen of the United States. After Gallagher was disqualified, Sharkie announced her resignation, triggering a by-election in Mayo.
Josh Wilson
Labor MP Josh Wilson applied to renounce his British citizenship on 13 May 2016, the day after his unexpected endorsement as a candidate for the 2016 election, nominations for which closed on 9 June. The renunciation was registered and effective on 24 June. After Gallagher was disqualified, Wilson announced his resignation, triggering a by-election in Fremantle.
Other MPs and Senators whose status is to be determined
In response to the revelations, concerns have been raised regarding the citizenship status of a number of other MPs and Senators.
Greek citizenship concerns
It has been suggested that three Liberal parliamentariansJulia Banks Julia Helen Banks (born 18 September 1962) is an Australian lawyer and politician. Elected as the member for Chisholm in the Australian House of Representatives at the 2016 federal election, Banks was the only candidate for the governing Li ...MP,Alex Hawke Alexander George Hawke (born 9 July 1977) is an Australian politician who served as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs from 2020 to 2022 in the Morrison Government. Hawke has served as Member of ...MP, and Senator Arthur Sinodinoscould holdGreek citizenship Nationality law of Greece is based on the principle of '' jus sanguinis''. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and ...by descent from a Greek parent or parents. Both Greece and Australia permit dual citizenship. However, all three have entered on the Citizenship Register statements from the Greek Embassy that, since their births were not registered in Greece, they are not Greek citizens; they also refer to legal advice that they are not Greek citizens nor entitled to the rights or privileges of Greek citizenship.
Other foreign allegiance concerns
Katy Gallagher has also faced suggestions from ''The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was f ...'' that she may be an Ecuadorian citizen, due to the 2008 Ecuadorian constitution which established the right of citizenship for anyone born inEcuador Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ..., as well as their descendants even if born abroad. Gallagher has stated that the change in law in 2008 had no effect on her, as the change does not apply retrospectively to the time of her mother's birth. The ALP has said it has obtained advice from an Ecuadorian legal expert and an Australian constitutional lawyer which advised Gallagher is not an Ecuadorian citizen. Because she has been found ineligible on the ground of her British citizenship at the time of nomination, although she has since renounced it, the question of Ecuadorian citizenship remains relevant only if she wishes to re-enter the Commonwealth Parliament. On 2 November 2017, questions were raised by ''The Australian ''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatew ...'' concerning the possibility that Liberal MP and MinisterJosh Frydenberg Joshua Anthony Frydenberg () (born 17 July 1971) is an Australian former politician who served as the treasurer of Australia and deputy leader of the Liberal Party from 2018 to 2022. He also served as a member of parliament (MP) for the divisi ...could be a citizen ofHungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the ...under a Hungarian law designed to prevent statelessness caused duringWorld War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing .... The report claimed that the retrospective law provided that anyone who had been born within Hungary in the period 1941 to 1945 automatically became a Hungarian citizen, and citizenship in Hungary is passed down by birth right. As his mother was born in Hungary in 1943, an argument was raised that this meant Frydenberg held Hungarian citizenship. Frydenberg said that it was absurd to suggest he had involuntarily acquired Hungarian citizenship as, when his mother and other family members entered Australia in 1950, they were stateless survivors ofthe Holocaust The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; .... Prime Minister Turnbull and Attorney-General Brandis condemned the calls aswitch hunt A witch-hunt, or a witch purge, is a search for people who have been labeled witches or a search for evidence of witchcraft. The classical period of witch-hunts in Early Modern Europe and Colonial America took place in the Early Modern perio ...s. Hungarian citizenship experts have since stated that such citizenship is not automatically conferred and can be restored only if the individual takes action that is "more than a formality". On 11 November 2017, it was suggested that Liberal MPNola Marino Nola Bethwyn Marino (née Catalano; born 18 February 1954) is an Australian politician who has been a member of the House of Representatives since 2007, representing the Division of Forrest in Western Australia. She is a member of the Liberal Pa ..., Chief Government Whip in the House of Representatives, may be a citizen of Italy through marriage to an Italian citizen at a time when Italian law automatically conferred citizenship through marriage, unless her husband had renounced his Italian citizenship on becoming a naturalised Australian prior their marriage in Australia in 1972. Her husband was born in Italy in 1950, and came to Australia the next year. She might also be a citizen of the United States through her father, born in New York. She has denied being anything but an Australian, but has not provided details. In his Citizenship Register entry, SenatorCory Bernardi Cory Bernardi (born 6 November 1969) is an Australian conservative political commentator and former politician. He was a Senator for South Australia from 2006 to 2020, and was the leader of the Australian Conservatives, a minor political party ...states that his father and his father's parents were born in Italy. He adds that, when a child, he had asked an Italian consulate whether he was eligible for Italian citizenship and had been told that he was not, because at the time of his birth his father had been solely Australian; but no documentation of this is provided. Bernardi provides a copy of an application in 2006 to renounce Irish citizenship, which he later says he had acquired through marriage, but he has not provided a copy of a response to the application from Irish authorities.Jason Falinski Jason George Falinski (born 24 August 1970) is a former Australian Liberal Party politician. He was first elected as the Member for Mackellar in the Australian House of Representatives at the 2016 Australian election and was re-elected at the ...MP has stated a complex heritage, which he claims does not involve current foreign citizenship. However, his account has been questioned, with ''The Daily Telegraph'' reporting that documents from the National Archive of Australia show Falinski's paternal grandparents as being married a year prior to his father's birth – contradicting his statement in the Citizenship Register that his father was born out of wedlock. In response to these suggestions, Falinski said that his grandparents and father would have nonetheless lost their Polish citizenships per Polish law at the time upon emigrating to Australia even if this were the case. It was suggested in May 2018 that Labor MP Anne Aly, born in Egypt, might still have Egyptian citizenship. She then obtained confirmation from the Egyptian embassy in Australia that she had forfeited her Egyptian citizenship upon acquiring Australian citizenship on 6 May 2016, two days before the federal election of 2016 was called.
Citizenship statements by other MPs and Senators
Prior to the implementation of the parliamentary Citizenship Register, several other MPs and Senators who were born outside Australia or are known to have at least one foreign-born parent have made statements clarifying that they were not dual citizens at the time of nominating as a candidate. Among the highest-profile former British citizens were former prime ministerTony Abbott Anthony John Abbott (; born 4 November 1957) is a former Australian politician who served as the 28th prime minister of Australia from 2013 to 2015. He held office as the leader of the Liberal Party of Australia. Abbott was born in Londo ...and incumbent opposition leaderBill Shorten William Richard Shorten (born 12 May 1967) is an Australian politician currently serving as Minister for Government Services and Minister for the National Disability Insurance Scheme since 2022. He previously served as leader of the opposition ..., who released letters fromUK Visas and Immigration UK Visas and Immigration (UKVI) is a division of the Home Office responsible for the United Kingdom's visa system. It was formed in 2013 from the section of the UK Border Agency that had administered the visa system. History The then Home Secre ...and theUK Border Agency The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, Border Force and Immigration Enforcement in April 2013. It was f ...respectively to confirm that they renounced their British citizenship before being elected. British-born politicians who stated they had previously renounced their British citizenship included Labor MP Brian Mitchell, Greens SenatorNick McKim Nicholas James McKim (born 11 June 1965) is an Australian politician, currently a member of the Australian Senate representing Tasmania. He was previously a Tasmanian Greens member of the Tasmanian House of Assembly elected at the 2002 election ..., Liberal MP Paul Fletcher, CLP SenatorNigel Scullion Nigel Gregory Scullion (born 4 May 1956) is a former Australian politician who was a Senator for the Northern Territory from 2001 to 2019. He was a member of the Country Liberal Party (CLP) and sat with the National Party in federal parliament ..., and Greens Senator Jordon Steele-John. One Nation Senator Pauline Hanson and Liberal MPAnn Sudmalis Ann Elizabeth Sudmalis (''née'' Hardinge; born 16 September 1955) is a former Australian politician. She was a Liberal member of the Australian House of Representatives, representing the Division of Gilmore in New South Wales, from September 20 ...denied claims that they were British citizens by descent. Parliamentarians who were born overseas or descended from foreign nationals made similar statements, including those who were accused of being citizens of: Italy (Greens SenatorRichard Di Natale Richard Luigi Di Natale (born 6 June 1970) is a former Australian politician who was a senator for Victoria. He was also the leader of the Australian Greens from 2015 to 2020. Di Natale was elected to the Senate in the 2010 federal election. ...and Labor MPTony Zappia Antonio Zappia (born 13 June 1952) is an Australian politician and former powerlifting champion. He has been an Australian Labor Party member for the House of Representatives seat of Makin in South Australia since the 2007 election. Backgrou ...); Singapore (Liberal MPIan Goodenough Ian Reginald Goodenough (born 3 July 1975) is a Singaporean-born Australian politician who is the current Liberal Party member for the Division of Moore in the House of Representatives, located in the northern suburbs of Perth, Western Austral ...and Greens SenatorPeter Whish-Wilson Peter Stuart Whish-Wilson (born 24 February 1968) is an Australian politician who has been a Senator for Tasmania since 2012, representing the Australian Greens. Formerly a lecturer in economics at the University of Tasmania, Whish-Wilson was ...); Belgium (Liberal frontbencherMathias Cormann Mathias Hubert Paul Cormann (; ; born 20 September 1970) is a Belgian-born Australian politician and diplomat who currently serves as Secretary-General of the Organisation for Economic Co-operation and Development (OECD), having assumed the off ...); Greece (Labor MP Maria Vamvakinou); Iran (Labor Senator Sam Dastyari); Malaysia (Labor frontbencherPenny Wong Penelope Ying-Yen Wong (born 5 November 1968) is an Australian politician who has been Minister for Foreign Affairs (Australia), Minister for Foreign Affairs and Leader of the Government in the Senate (Australia), Leader of the Government in the ...); New Zealand (SenatorRex Patrick Rex Lyall Patrick (born 8 May 1967) is an Australian politician who served as a Senator for South Australia from November 2017 until June 2022. He was appointed to the Senate to fill a casual vacancy caused by the resignation of Nick Xenophon. ...); Slovenia (Labor's Deputy Opposition LeaderTanya Plibersek Tanya Joan Plibersek (born 2 December 1969) is an Australian politician who served as Deputy Leader of the Labor Party and Deputy Leader of the Opposition from 2013 to 2019. She has served as the Member of Parliament (MP) for Sydney since 1998 ...); and the United States (NXT MPRebekha Sharkie Rebekha Carina Sharkie ( Che; born 24 August 1972) is an Australian politician and member of the Centre Alliance party. She is a member of the Australian House of Representatives, representing the Division of Mayo in South Australia. At the 20 ...). SenatorDerryn Hinch Derryn Nigel Hinch (born 9 February 1944) is a New Zealand-born media personality, politician, actor, journalist and published author. He is best known for his career in Australia, on Melbourne radio and television. He served as a Senator for V ...did confirm that he is entitled to a pension through US Social Security, but stated on 2 September 2017 that he would not seek a reference since the Attorney-General had advised him that he was not in breach.
Other Section 44 concerns
Section 44(iv)
Andrew Bartlett
In November 2017,Andrew Bartlett Andrew John Julian Bartlett (born 4 August 1964) is an Australian politician, social worker, academic, and social campaigner who served as a Senator for Queensland from 1997 to 2008 and from 2017 to 2018. He represented the Australian Democrats ...replaced Greens SenatorLarissa Waters Larissa Joy Waters (born 8 February 1977) is an Australian politician. She is a member of the Australian Greens and has served as a Senator for Queensland since 2018. She previously served in the Senate from 2011 to 2017, resigning during the ...after a recount. At the time of nomination, Bartlett had been an academic employed by theAustralian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies an .... He claimed to have legal advice that this did not disqualify him under s 44(iv) and his eligibility was not challenged at the same time as that of Hughes. Nonetheless, the Commonwealth Solicitor-General suggested that the Senate might need to refer his position to the High Court and the Greens were reported to be seeking further legal advice. However, Bartlett resigned from the Senate in August 2018, to allow Waters to return.
Section 44(v)
David Gillespie
A court challenge against Nationals MP and junior ministerDavid Gillespie David "Cement" Gillespie (born 22 March 1964) is an Australian former professional rugby league footballer who played as a and forward in the 1980s and 1990s. Gillespie played for the Canterbury-Bankstown Bulldogs, Western Suburbs Magpies, ..., was heard by the Full High Court on 12 December 2017, alleging a breach of the "pecuniary interest" requirement in section 44(v) of the Constitution; the Full High Court considered s 44(v) in April 2017 when finding that Senator Bob Day had been ineligible for election. The OppositionAustralian Labor Party The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms t ...and some community groups believe that Gillespie has an indirect financial relationship with the federal government, in that he owns a suburban shopping complex inPort Macquarie Port Macquarie is a coastal town in the local government area of Port Macquarie-Hastings. It is located on the Mid North Coast of New South Wales, Australia, about north of Sydney, and south of Brisbane. The town is located on the Tasman Sea c ...with an Australia Post licensee. The action against Gillespie was brought by former Labor candidate for Lyne, Peter Alley, under s 3 of the ''Common Informers (Parliamentary Disqualifications) Act 1975''.. The Act "otherwise provides" following section 46 of the Constitution: under the Act (which appears not to have been used before), a member of the federal Parliament who is sitting while disqualified is liable, to anybody who may sue for it in the High Court, for $200 per day of so sitting, following initiation of the action and for up to 12 months previously. During pre-trial proceedings, a question arose as to whether a common informer action can be brought against a member of parliament without a prior finding of disqualification by the Court of Disputed Returns or the relevant House of Parliament. This question was referred by Bell J to a Full Court of the High Court, with a hearing to be held on 12 December 2017. Alley was represented by leading barrister Bret Walker SC. On 21 March 2018 the High Court stated that it could not hear the case against Gillespie because it was not a reference from Parliament.
Barry O'Sullivan
The media speculated that Queensland Liberal National Senator Barry O'Sullivan may have had pecuniary interests in breach of s 44(v). In the Senate on 13 November 2017, Queensland ALP SenatorMurray Watt Murray Patrick Watt (born 20 January 1973) is an Australian politician who has served as Minister for Agriculture, Fisheries and Forestry in the Albanese government since June 2022. He is a member of the Australian Labor Party (ALP) and has b ...accused O'Sullivan of three breaches of s 44(v); O'Sullivan was present but did not respond.
New Zealand political row
A row ensued between the Australian Government and the New Zealand Labour Party after it was reported that a staff member for an Australian Labor senator had asked a New Zealand MP,Chris Hipkins Christopher John Hipkins (born 5 September 1978) is a New Zealand Labour Party politician and a member of the Sixth Labour Government's Cabinet as Minister of Education, Minister of Police, Minister for the Public Service and Leader of the ..., to find out whether or not Barnaby Joyce (then Deputy Prime Minister of Australia) was a citizen of that country. Australian Foreign MinisterJulie Bishop Julie Isabel Bishop (born 17 July 1956) is an Australian former politician who served as Minister for Foreign Affairs from 2013 to 2018 and deputy leader of the Liberal Party from 2007 to 2018. She was the Member of Parliament (MP) for Curtin ...accused New Zealand's Labour Party of being "involved in allegations designed to undermine the government of Australia" and Australian Prime Minister Malcolm Turnbull accused the Australian Labor Party of conspiring "with a foreign power". Bishop added that she would find it "very hard to build trust" with the New Zealand Labour Party if it formed government after that country's general election. Bishop's claim of collusion was rejected by the New Zealand Minister of Internal Affairs,Peter Dunne Peter Francis Dunne (born 17 March 1954) is a retired New Zealand politician who was the Member of Parliament (MP) for Ōhāriu. He held the seat and its predecessors from 1984 to 2017—representing the Labour Party in Parliament from 1984 ..., as well as the New Zealand Labour Leader,Jacinda Ardern Jacinda Kate Laurell Ardern ( ; born 26 July 1980) is a New Zealand politician who has been serving as the 40th prime minister of New Zealand and leader of the Labour Party since 2017. A member of the Labour Party, she has been the member of ..., although Ardern had initially criticised Hipkins' involvement. Following the election of theSixth Labour Government of New Zealand The Sixth Labour Government has governed New Zealand since 26 October 2017. It is headed by Jacinda Ardern, the Labour Party leader and prime minister. Following the 2017 general election held on 23 September, the New Zealand First party h ..., Bishop said that she looked forward to working with Prime Minister Ardern.
Implications for parliamentary majority
At the 2016 federal election, the Coalition Government retained power with 76 of 150 seats, a one-seat majority. Before it was clear that the Coalition would win a majority of seats,Katter's Australian Party Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...MPBob Katter Robert Bellarmine Carl Katter (born 22 May 1945) is an Australian politician who has been a member of the House of Representatives since 1993. He was previously active in Queensland state politics from 1974 to 1992. Katter was a member of the ..., independentAndrew Wilkie Andrew Damien Wilkie (born 8 November 1961) is an Australian politician and independent federal member for Clark. Before entering politics Wilkie was an infantry officer in the Australian Army., Australian Parliament House Biographies; 19 Augu ...and independent Cathy McGowan guaranteedconfidence and supply In a parliamentary democracy based on the Westminster system, confidence and supply are required for a ruling cabinet to retain power in the lower house. A confidence-and-supply agreement is one whereby a party or independent members of par ...in the event of ahung parliament A hung parliament is a term used in legislatures primarily under the Westminster system to describe a situation in which no single political party or pre-existing coalition (also known as an alliance or bloc) has an absolute majority of legisla .... On 15 August 2017, Bob Katter announced that, in the event that Joyce's seat was declared vacant, he could not assure that he would support the Turnbull Government on confidence and supply; he stated that Turnbull would be "back to the drawing board" for his support. Additionally,Rebekha Sharkie Rebekha Carina Sharkie ( Che; born 24 August 1972) is an Australian politician and member of the Centre Alliance party. She is a member of the Australian House of Representatives, representing the Division of Mayo in South Australia. At the 20 ..., the sole MP in the House of Representatives for theNick Xenophon Team Centre Alliance, formerly known as the Nick Xenophon Team (NXT), is a centrist political party in Australia based in the state of South Australia. It currently has one representative in the Parliament, Rebekha Sharkie in the House of Represe ..., announced on 18 August that she would no longer support the Government on matters of confidence and supply, although reversed that decision on 20 August. Cathy McGowan continued to agree to maintain confidence and supply for the Turnbull Government. Andrew Wilkie stated that he "ould Ould is an English surname and an Arabic name ( ar, ولد). In some Arabic dialects, particularly Hassaniya Arabic, ولد (the patronymic, meaning "son of") is transliterated as Ould. Most Mauritanians have patronymic surnames. Notable p ...not vote against budget supply or confidence unless doing so would be clearly warranted." After Barnaby Joyce was found ineligible to sit in parliament, the government no longer had a majority of seats, but did have a majority of sitting members. With the resignation of John Alexander on 11 November, the government lost its majority in the lower house, being reduced to 74 out of 148 members. The majority was regained when Joyce won the New England by-election on 2 December.
Historical eligibility queries
Two early twentieth century Australian politicians may not have been Australian citizens or (as then) British subjects: *King O'Malley King O'Malley (2 July 1858? – 20 December 1953) was an American-born Australian politician who served in the House of Representatives from 1901 to 1917, and served two terms as Minister for Home Affairs (1910–1913; 1915–16). He is remember ...: claimed to have been born in Canada, but may have been born in USA. * Chris Watson: British mother and apparently a British father, but born on board a ship in Chilean waters to a Chilean father.
See also
*Thenatural-born-citizen clause A natural-born-citizen clause, if present in the constitution of a country, requires that its president or vice president be a natural born citizen. The constitutions of a number of countries contain such a clause, but there is no universally ac ...in the United States Constitution, which has also been contested.
Notes
References
External links
Citizenship RegisterHouse of Representatives
Citizenship RegisterSenate
{{DEFAULTSORT:Australian parliamentary eligibility crisis, 2017 2017 controversies Parliamentary eligibility crisis 2018 in Australia Australian constitutional law Political controversies in Australia New Zealand nationality law July 2017 events in Australia August 2017 events in Australia September 2017 events in Australia October 2017 events in Australia November 2017 events in Australia May 2018 events in Australia Turnbull Government Parliamentary eligibility crisis 2017 in Australian politics Multiple citizenship