Labor demands Prime Minister Malcolm Turnbull refuse Family First Senator Bob Day’s vote on workplace bills

EMBATTLED Family First Senator Bob Day might be able to cling on to his seat in Parliament by finding a buyer for his failed Home Australia building company.

• Bob Day quits Senate as company Home Australia collapses
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EMBATTLED Family First Senator Bob Day might be able to cling on to his seat in Parliament by finding a buyer for his failed Home Australia building company.

Senator Day announced last week that his Home Australia building company would liquidated and that he intended to resign from the Senate.

He later indicated he would delay quitting for at least several weeks.

Family First South Australian state leader Dennis Hood on Wednesday confirmed there is a potential buyer for Home Australia

Subsequent to his resignation announcement, Senator Day advised a new potential investor had expressed interest in the Senator’s business, Mr Hood said.

Mr Hood said Family First had not taken any formal steps to replace Senator Day.

“As Senator Day has not formally resigned from the Senate, he maintains the position as a sitting Senator and therefore it would be inappropriate to make further comment on this matter,’’ he said

This morning Senator Day tweeted that he was delaying his resignation to ensure that he could vote on important bills, including the re-establishment of the Australian Building and Construction Commission and that there wasn’t time to install his replacement before that vote.

If I left @AuSenate now there would be no Family First vote & 1 less SA vote. There isn't time to install a replacement before year's end

— Bob Day (@senatorbobday) October 25, 2016

“If I left @AuSenate now there would be no Family First vote & 1 less SA vote. There isn’t time to install a replacement before year’s end,’’ he said.

“Marriage plebiscite legislation, ABCC and our other work too important to Family First to have a vacant seat for even 1 day in November.”

Premier Jay Weatherill rejected Mr Day’s claim there wasn’t time to install a successor before the end of the year.

Mr Weatherill said a joint sitting of the South Australian Parliament could be held next Thursday to formally elect a new Family First senator if Senator Day quit today.

That would allow the new senator to be formally sworn in when Federal Parliament resumes on November 7.

“I’ve made inquiries with the clerk of the Legislative Council and if he resigns today we can replace him next Thursday.

“So we’re happy to facilitate the replacement of a Family First Senator in accordance with the constitution next Thursday if he gets his resignation in today.’’

Labor Leader Bill Shorten said the situation looked like a deal between Senator Day and the Government, which required his vote to pass the Australian Building and Construction Commission Bill — one of the two double-dissolution election triggers.

“How is it that one week he thinks his position is untenable, then, when he can’t manipulate his preferred replacement through his political party, he has now decided to keep taking the $4000 a week and support the Government’s anti-worker legislation?” Mr Shorten asked reporters in Melbourne.

“It wasn’t Labor who has left hundreds of families high and dry, it wasn’t Labor who said his position was untenable, and Labor is certainly saying this whole situation smells.”

Senator Day last week issued a media release in which he stated it would be “untenable to stay in parliament” while trying to do his best to help subcontractors and families put out by the business collapse.

Federal Treasurer Scott Morrison said it was up to Senator Day to determine the timing of his resignation.

Senator Bob Day leaves his office in Kent Town after announcing Home Australia would go into liquidation. Picture: Kelly Barnes

“Bob Day’s position in the Parliament is a matter for Bob Day,’’ Mr Morrison told 5AA.

“I mean he makes a decision about when he resigns and when he doesn’t resign. The law is very clear that if a person is bankrupt they can’t sit in the Parliament.”

Senator Day could receive $34,000 in taxpayer-funded salary payments and allowances if he delays resigning until Parliament adjourns for the year at the start of December.

Senators receive a base salary of $199,040 per year, paid monthly in arrears.

Marriage plebiscite legislation, ABCC and our other work too important to Family First to have a vacant seat for even 1 day in November.

— Bob Day (@senatorbobday) October 25, 2016

Their pay also includes a $32,0000 electorate allowance to defray expenses. Senator Day receives an additional $19,500 per year electorate allowance because he doesn’t have a privately-plated government car.

If he attends the final 12 sitting days of Parliament this year, Senator Day will be eligible to receive up $3,312 in travel allowance.

Labor has called on the Government to boycott Senator Day by refusing to accept his vote on workplace bills in Parliament.

But Mr Morrison this morning said was hypocritical and pointed to the former Labor government’s reliance on the vote of disgraced MP Craig Thomson.

“Craig Thomson’s vote kept the Labor Party governing under Julia Gillard and Kevin Rudd,’’ he said.