Dutton’s stake in two childcare centres could breach constitution
THE former home affairs minister was attacked by Labor yesterday after questions arose over whether his stake in two childcare centres in Brisbane breach the constitution. Peter Dutton hit back this morning.
NSW
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THE solicitor-general could be called in to advise on Peter Dutton’s eligibility to sit in parliament in an extraordinary move being considered by the Turnbull government.
The former home affairs minister was attacked by Labor yesterday after questions arose over whether his stake in two childcare centres in Brisbane breach the constitution.
Now biding his time on the party backbench since Tuesday’s leadership spill drama, Mr Dutton insists he has legal advice confirming he is eligible.
Mr Dutton publicly released that advice -sought by him in 2017 — this morning along with a statement.
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“Mr Dutton cannot have a pecuniary interest in an agreement within the meaning of s. 44(v) by virtue of the trustee company’s receipt of payment under this statutory scheme,” the advice from Colin Biggers & Paisley Lawyers says.
The legal advice relates to a family trust, that Mr Dutton is a beneficiary of, which operates two childcare centres in Brisbane.
“Over recent days a spurious and baseless campaign has been conducted against me in relation to an alleged breach of section 44 of the constitution,” Mr Dutton said in a statement.
“The timing on the eve of current events in Australian politics is curious.”
“There has never been any doubt about my eligibility to sit in the Parliament and I attach the unequivocal legal advice I obtained in 2017 to that effect.”
Prime Minister Malcolm Turnbull yesterday revealed he hadn’t seen that advice.
Attorney-General Christian Porter last night said he’d seek his advice from the Solicitor-General on whether Mr Dutton was still eligible to sit in Parliament.
The matter could even be referred to the High Court.
“Given that today the subject of a member’s eligibility was raised in Question Time and in media reports, I determined to seek advice from the Solicitor-General on the issues raised,” Mr Porter said.
“In doing so, I will observe the standard practice that applies to requests from the Attorney-General to the Solicitor-General, which includes not commenting on a matter which is the subject of a request for advice.”
Section 44 of the constitution bans a person from parliament if they have “any direct or indirect pecuniary interest with the public service of the Commonwealth”.
Mr Dutton has an interest in two centres in Brisbane through the RHT Family Trust of which he is a beneficiary.
Since July 2 this year, childcare centres now receive a direct subsidy from the federal government.
Labor questioned if Mr Dutton excused himself from Cabinet during talks about the childcare funding changes.
“I will get advice from the cabinet secretary and I will report back to the House as soon as I have it,” Mr Turnbull told parliament.
Meanwhile, former Border Force boss Roman Quaedvlieg weighed into the storm yesterday, tweeting a report that he has new information about Mr Dutton’s alleged intervention in a foreign au pair’s visa case.