Speaker Dan Cregan says Vickie Chapman’s resignation effective immediately

Vickie Chapman could provoke a constitutional standoff if she refuses to accept Speaker Dan Cregan’s ruling that she is no longer an MP.

Former Deputy Premier Vickie Chapman could provoke a constitutional standoff if she refuses to accept Speaker Dan Cregan’s ruling that she is no longer an MP.

Ms Chapman announced last month she would quit parliament, even though she was re-elected at the March 19 state election, and set May 31 as her last day as an MP.

However, Mr Cregan wrote to Ms Chapman on April 30 to tell her the state’s constitution did not allow an MP to set their own retirement date.

“The words of s30 (of the state constitution) leave little room for doubt; a seat becomes vacant as soon as the Speaker receives a resignation letter,’’ Mr Cregan wrote to Ms Chapman.

Ms Chapman’s letter was received by Mr Cregan on April 26.

Mr Cregan told The Advertiser he had “sought and received advice on this important issue’’. “I’ve written to Ms Chapman to outline the problem as I see it. The Constitution is what it is.’’ However, Ms Chapman is refusing to accept the Speaker’s ruling and wants to remain in parliament.

“I confirm I have given notice of my intention to resign,’’ she said on Sunday. “I have not resigned.’’ Ms Chapman said she would continue “my correspondence on this matter with the Speaker’’.

State parliament resumes on Tuesday for the first time since the state election.

Members will be sworn in at a ceremony presided over by Chief Justice Chris Kourakis and Clerk Rick Crump.

Vickie Chapman has been told to go now. Picture: NCA NewsWire / David Mariuz

Mr Cregan is expected to be again voted in as parliamentary speaker.

It is understood Mr Cregan has received Crown law advice on Ms Chapman’s status as an MP and is considering tabling it in parliament.

Ms Chapman would give no further comment on what action she would take but it is possible the former Attorney-General’s name would not be read out to be sworn in, pending the tabling of Crown law advice.

“Hopefully cooler heads in the Liberal Party will prevail and say: ‘Vickie, we have read the advice and it just doesn’t look good’,’’ one observer said.

It will be a tough start to the new parliament for the Liberals, with rookie leader David Speirs and his deputy John Gardner both absent after contracting Covid.

Mr Cregan said he intended to start the process of calling a by-election on Monday.

That could mean a by-election could be held in early-to-mid June.

There is no favourite for the Liberal nomination, but names mentioned include defeated Elder MP Carolyn Power, Jack Batty, an adviser to UK High Commissioner George Brandis, and failed Badcoe candidate Jordan Dodd.

Speaker Dan Cregan on the floor of the House of Assembly. Picture: Emma Brasier

Federal MP James Stevens, who is battling to hang onto Sturt, has ruled himself out.

Labor’s candidate in the March poll, Rick Sarre, believes he has a “fair” chance after cutting the margin in Bragg in half to 8.2 per cent.

The resignation of Ms Chapman, who was deputy premier and attorney-general, in the defeated Liberal government of Steven Marshall, caused uproar last month when she made her announcement on the same day as David Speirs was confirmed as the party’s new leader.

“Vickie is so blinded by spite she’s stuck her middle finger up to the people of Bragg and embarrassed herself. This move, amongst other things, will forever taint her career. Her dynasty is dead because she just killed it,” one senior Liberal told The Advertiser at the time.

An Ombudsman’s report into Ms Chapman’s rejection as planning minister of a controversial Kangaroo Island seaport was also expected to be tabled in parliament before the MP’s original planned retirement date of May 31.

It has also been revealed that Ms Chapman, who was elected in 2002, will leave parliament with a pension worth an initial $300,000 a year.

The cost of the by-election is still to be determined but when former Labor MPs Jay Weatherill and John Rau quit in 2019, the combined cost was about $700,000.