Liberal in line to replace Fiona Nash could be ineligible
THE NSW Liberal in line to take Fiona Nash’s vacant Senate position could face constitutional problems of her own, as a factional brawl threatens to break out in an attempt to install Tony Abbott loyalist Jim Molan in her place.
NSW
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THE NSW Liberal in line to take Fiona Nash’s vacant Senate position could face constitutional problems of her own, as a factional brawl threatens to break out in an attempt to install Tony Abbott loyalist Jim Molan in her place.
The Administrative Appeals Tribunal confirmed to The Daily Telegraph that they had received a resignation letter from Hollie Hughes, who had been a member since June this year, today.
Ms Hughes’ membership of the tribunal, however, could mean she is ineligible under the same section of the Consitution which invalidated Ms Nash, the former Nationals deputy leader.
Constitutional law expert George Williams said the issue could become “another significant High Court test case”.
“It is possible that Ms Hughes will be disqualified under section 44 of the Constitution,” Professor Williams said.
“That is because that section also disqualifies any person holding an ‘office of profit’ under the Crown … for example, the High Court has previously disqualified Phil Cleary on the basis that he was employed as a Victorian schoolteacher.
“The only question here is whether the High Court would read this sequence of events differently because the possible disqualification of Ms Hughes arises after nomination, and before the person is aware that they may be elected on a count back.”
Ms Hughes was appointed to the AAT by the Turnbull government on June 28.
If Ms Nash was not validly elected, NSW Liberal sources are concerned the “electoral period” would extend until now, meaning anyone holding an publicly-paid position during that time would be ineligible.
It is understood the government is not aware of any reason why Ms Hughes would be ineligible for the Senate, while the NSW Liberals are also unconcerned.
But one senior Liberal source, who did not want to be named, said “the reality is, the risk of choosing another ineligible senator would be untenable and highly disruptive for the government”.
The possibility Ms Nash would return to the Senate with Ms Hughes making way by creating a casual vacancy is now remote, and any vacancy created will mean the election of the seventh person on the Coalition senate ticket — Mr Molan.
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He is close to Mr Abbott, and is part of the Warringah democracy reform push to install a “one member, one vote” system for preselections in the state.
Ms Hughes is aligned to Assistant Immigration Minister Alex Hawke, and closer to the party’s Moderate and Centre-Right factions.
Ms Hughes could not be reached for comment, while the AAT was unable to confirm whether she had resigned or if she had been on unpaid leave.
Following the High Court decision to invalidate Ms Nash on Friday, the AAT confirmed Ms Hughes had yet to resign.
Professor Williams said the same problem may be faced by the Queensland Greens, who will replace Larissa Waters, who was also struck down by the High Court, with former Australian Democrats leader Andrew Bartlett.
“It is also possible that Larissa Waters likely replacement Andrew Bartlett could also be disqualified on the same ground because it has been suggested he was employed by (a) university at the point of nomination,” Professor Williams said.
“This though again would need to be tested in the High Court.”