Constitutional crisis hits Senate as George Brandis refers One Nation Senator Rod Culleton to High Court over ‘punch up’
A CONSTITUTIONAL crisis has rocked the Senate and threatens to hit the Turnbull government’s agenda, with the election of a second crossbench senator referred to the High Court.
NSW
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AN unparalleled constitutional crisis has rocked the Senate and threatens to plunge the Turnbull government into chaos with the questionable election of a second crossbench Senator referred to the High Court.
In an extraordinary series of events — coming in the space of less than 24 hours — Attorney General George Brandis announced yesterday it would refer One Nation Senator Rod Culleton to the High Court to rule on whether he was disqualified to be elected because he stole a set of keys in a “punch up”.
The Government’s referral followed on the heels of its decision to seek a Senate referral to the High Court over the election of South Australian Family First Senator Bob Day for an indirect pecuniary interest in the leasing of his electoral office from the government.
Prime Minister Malcolm Turnbull will be now forced to reconsider whether to delay the key election trigger bill to restore the construction industry watchdog, potentially until next year, with a cloud of uncertainty now hanging over the upper house.
The chaos that now clouds an already unstable Senate has thrown the government’s ability to pass key legislation into further doubt, with concerns that it may no longer be guaranteed support for its double dissolution trigger bill to restore the Australian Building and Construction Commission.
At the moment there is a dark cloud over me and dark cloud over the high court - ROB CULLERTON
The question of the Mr Culleton’s eligibility rests on a recently annulled conviction for stealing a set of keys with section 44 of the Constitution disqualifying a person for election if they have been convicted of an offence capable of carrying a sentence of one year or more.
Mr Culleton yesterday said he was not surprised by the Government’s move, but said he would fight the challenge. He said he would resign if the Australian people wanted him to.
“At the moment there is a dark cloud over me and dark cloud over the high court,” he said.
While the outcome of a High Court ruling could not be predicted, the outcome of a forced recount to decide who would replace either or both Senators is equally uncertain.
The most likely replacement for Mr Day — who since quit the Senate on Tuesday following the insolvency of his business — would be the second Family First candidate at the election. But the spot could potentially also fall to Labor or One Nation depending on the preference recount.
Mr Culleton will remain in the Senate until a ruling and would continue to vote on legislation.
Mr Turnbull and his Cabinet will now be faced with having to make a judgment about whether to bring on a vote for the ABCC bill — the trigger for the double dissolution election and a totemic issue for Mr Turnbull — in the last two weeks of Parliament.
Mr Turnbull has yet to comment on the events of the past two days. Special Minister of State Scott Ryan has defended the timing of Mr Day’s referral against accusations by the Opposition that the government had been aware of concerns about Mr Day’s situation as far back as 2014.
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